Definitions

1   (1) In this regulation:

"Act" means the Short-Term Rental Accommodations Act;

"authorized site" means an internet site that is maintained by the minister or authorized by the minister to be used for the purposes of the Act and this regulation;

"float home" means a structure that is

(a) designed, constructed or manufactured to float on water,

(b) used or intended to be used as living accommodation in a fixed location, and

(c) not capable of movement under its own power;

"home exchange" means a reciprocal arrangement for a person who offers a right to use the person's property for accommodation in British Columbia in exchange for the right to use another person's property;

"major platform service provider" means a platform service provider with 1 000 or more platform offers on the platform based on the number of platform offers on the platform on June 1 of the previous calendar year;

"outdoor recreational activity" has the same definition as in section 8 (2) of the Prescribed Classes of Property Regulation;

"strata-titled hotel or motel" means a property in which accommodation is provided in a manner similar to that of a hotel or motel and, in respect of which property,

(a) a strata plan is filed under the Strata Property Act, and

(b) different owners own different strata lots;

"student accommodation" means property that is

(a) ordinarily used for more than 6 months in the calendar year for the living accommodation of students or employees of an educational institution, and

(b) owned or operated by the educational institution or by a non-profit organization;

"time share property" means property within British Columbia, other than a strata-titled hotel or motel or a property described in section 4 (1) (c), in respect of which a person

(a) has a time share contract within the meaning of the Business Practices and Consumer Protection Act, or

(b) has a time share interest within the meaning of the Real Estate Development Marketing Act.

(2) In this regulation, "common property", "strata corporation" and "strata lot" have the same meaning as in section 1 (1) of the Strata Property Act.

[am. B.C. Reg. 85/2024, App., s. 1.]

Interpretation

2   (1) For the purposes of section 1 of the Act,

(a) in respect of the definition of "exempt land", the geographic areas listed or described in Schedule 1 are prescribed,

(b) in respect of the definition of "platform service", a platform service provided in respect of the following is not a platform service:

(i) a time share property;

(ii) a home exchange;

(iii) student accommodation;

(iv) accommodation that is provided by an operator of outdoor recreational activities,

(c) in respect of the definition of "residence", a float home is a prescribed dwelling, and

(d) in respect of the definition of "short-term rental accommodation service", an accommodation service is prescribed if, when the accommodation service was first provided,

(i) accommodation was to be provided for 90 consecutive days or more but ends before 90 consecutive days have passed, and

(ii) the end of the accommodation could not have been reasonably foreseen by a supplier host.

(2) For certainty, the reference to "platform offers" in the definition of "major platform service provider" is limited to short-term rental accommodation services provided in British Columbia.

[am. B.C. Reg. 85/2024, App., s. 2.]

General exemptions

3   (1) For the purposes of section 3 [what this Act does not apply to] of the Act, a strata-titled hotel or motel is not a hotel or motel.

(2) This Act does not apply to the following properties:

(a) a vehicle;

(b) a tent or other temporary shelter.

Exemptions related to strata-titled hotels or motels

3.1   (1) In this section:

"manager" means a person or entity that manages the provision of accommodation in a manner similar to that of a hotel or motel in the strata-titled hotel or motel;

"occupancy date", in respect of a strata-titled hotel or motel, means

(a) the date when an occupancy permit was first issued, or

(b) in a jurisdiction where occupancy permits are not issued, the date when the strata-titled hotel or motel is first capable of being occupied.

(2) The principal residence requirement does not apply to a strata-titled hotel or motel if,

(a) in the case of a strata-titled hotel or motel in which, before December 8, 2023, accommodation was being provided in a manner similar to that of a hotel or motel,

(i) on December 8, 2023, the strata-titled hotel or motel had, and continues to have, all of the following services, which are provided in a manner similar to that of a hotel or motel:

(A) a platform that is available exclusively for each of the owners of strata lots in the strata-titled hotel or motel to make platform offers;

(B) one or more employees or contractors provide services to administer a front desk in person at the strata-titled hotel or motel;

(C) one or more employees or contractors provide housekeeping services within the strata lots in which the accommodation is provided, or

(ii) two or more of the strata lots in the strata-titled hotel or motel were, on December 8, 2023, not able to be used, and continue to not be able to be used, as a principal residence by any person due to a restriction under

(A) a rental management agreement between the manager and each owner of the strata lots in the strata-titled hotel or motel,

(B) a restrictive covenant registered against the land or a covenant under section 219 [registration of covenant as to use and alienation] of the Land Title Act registered against the land,

(C) a land use regulation bylaw, within the meaning of section 455 [definitions in relation to Part 14] of the Local Government Act, or

(D) a zoning bylaw, within the meaning of section 559 [definitions for Part XVII] of the Vancouver Charter, or

(b) in the case of a strata-titled hotel or motel in respect of which the occupancy date was on or after December 8, 2023, both of the following apply:

(i) the strata-titled hotel or motel has all of the following services, which are provided in a manner similar to that of a hotel or motel:

(A) a platform that is available exclusively for each of the owners of strata lots in the strata-titled hotel or motel to make platform offers;

(B) one or more employees or contractors provide services to administer a front desk in person at the strata-titled hotel or motel;

(C) one or more employees or contractors provide housekeeping services within the strata lots in which the accommodation is provided;

(ii) two or more of the strata lots in the strata-titled hotel or motel are not able to be used as a principal residence by any person due to a restriction under

(A) a rental management agreement between the manager and each owner of the strata lots in the strata-titled hotel or motel,

(B) a restrictive covenant registered against the land or a covenant under section 219 [registration of covenant as to use and alienation] of the Land Title Act registered against the land,

(C) a land use regulation bylaw, within the meaning of section 455 [definitions in relation to Part 14] of the Local Government Act, or

(D) a zoning bylaw, within the meaning of section 559 [definitions for Part XVII] of the Vancouver Charter.

[en. B.C. Reg. 85/2024, App., s. 3.]

Specific exemptions

4   (1) The principal residence requirement does not apply to the following:

(a) the following properties or circumstances:

(i) a time share property;

(ii) a home exchange;

(iii) student accommodation;

(iv) accommodation that is provided primarily for visitors of residents of strata lots and that is in the following:

(A) common property;

(B) a strata lot owned by the applicable strata corporation;

(v) accommodation that is provided by an operator of outdoor recreational activities;

(b) Repealed. [B.C. Reg. 85/2024, App., s. 4 (c).]

(c) a property in respect of which a property host holds a fractional interest if the property may not be used as a principal residence by any person due to mandatory provisions in the applicable fractional ownership agreement.

(2) The following provisions do not apply to a platform service provider that is not a major platform service provider:

(a) section 17 (1) (c) [platform service provider requirements] of the Act as it relates to the periodic disclosure described in section 14 [periodic disclosure] of this regulation;

(b) section 14 of this regulation.

(3) For certainty, the exemption under subsection (2) does not apply to sections 13 [initial disclosure and disclosures of changes to information] and 16 [requests for cessation of platform services] of this regulation.

[am. B.C. Reg. 85/2024, App., s. 4.]

Prescribed location — accessory dwelling units

5   (1) In this section, "parcel" has the same meaning as in section 1 of the Land Title Act.

(2) For the purposes of section 14 (1) (b) [principal residence requirement] of the Act, in respect of an accessory dwelling unit referred to in that paragraph, a prescribed location is on the same parcel as the property host's principal residence.

Definitions for this Division

6   In this Division:

"eligible vacancy rate" means a rental vacancy rate of 3% or more during each of the 2 consecutive years immediately preceding the reference date in relation to

(a) the relevant area, or

(b) another geographic area that includes the relevant area;

"large municipality" means a municipality that is listed in Schedule 2;

"neighbouring", in respect of a municipality, means the municipality is within 15 kilometres of another municipality;

"prescribed date" means the date prescribed under section 11 (1) (a) [prescribed date and period of time];

"reference date", in respect of a request made under section 15 [requests for changes to exempt land] of the Act, means the applicable prescribed date on or before which the request is made;

"relevant area", in respect of a municipality or regional district, means the geographic area of the municipality or regional district.

Prescribed criteria

7   For the purposes of section 15 (1) [requests for changes to exempt land] of the Act, the following criteria are prescribed for a local government that wishes to request that the exempt land be changed in respect of the relevant area:

(a) if the local government wishes to request that the principal residence requirement apply and the relevant area be removed from the exempt land,

(i) the local government is a municipality that is listed in paragraph (a) or (b) of Schedule 1 of this regulation, or

(ii) the local government is a regional district and the request is made in respect of one or more of the electoral areas of the regional district;

(b) if the local government wishes to request that the principal residence requirement not apply and the relevant area be added to the exempt land,

(i) the local government is a large municipality with the eligible vacancy rate,

(ii) the local government is a municipality

(A) that is listed in Schedule 3 of this regulation, and

(B) that has a neighbouring large municipality with the eligible vacancy rate,

(iii) the local government is a municipality and

(A) the municipality was listed in paragraph (a) or (b) of Schedule 1 of this regulation as it read on April 30, 2024, and

(B) due to a request by the municipality under section 15 (1) (a) of the Act, the exempt land has been changed by removing the relevant area of the municipality, or

(iv) the local government is a regional district and, due to a request by the regional district under section 15 (1) (a) of the Act, the exempt land has been changed by removing the relevant area of the regional district.

[am. B.C. Reg. 85/2024, App., s. 5.]

Prescribed persons or entities

8   For the purposes of section 15 (3) (d) [requests for changes to exempt land] of the Act, the following persons or entities are prescribed for requests about the geographic areas relevant to each of the persons or entities, as applicable:

(a) a local trust committee, as defined in section 1 of the Islands Trust Act;

(b) the Cultus Lake Park Board within the meaning of the Cultus Lake Park Act.

Procedures for requests by persons or entities

9   (1) A person or entity prescribed under section 8 may request a change to the exempt land in the same manner as a request made by a local government under section 15 (1) [requests for changes to exempt land] of the Act.

(2) A request made under subsection (1) must be made on or before the prescribed date.

Restriction on requests to remove geographic area from exempt land

10   (1) A request made by a local government under section 15 (1) [requests for changes to exempt land] of the Act to remove a geographic area from the exempt land may not include a request to remove the following from the exempt land:

(a) a geographic area listed or described in paragraphs (c) to (h) of Schedule 1 of this regulation;

(b) Cultus Lake Park within the meaning of the Cultus Lake Park Act.

(2) Subsection (1) does not apply to Bowen Island Municipality in respect of a geographic area described in paragraph (g) of Schedule 1 of this regulation.

[am. B.C. Reg. 85/2024, App., s. 6.]

Prescribed date and period of time

11   (1) For the purposes of section 15 (2) [requests for changes to exempt land] of the Act,

(a) the prescribed date is March 31 of each year, and

(b) the prescribed period of time is a period of time that

(i) starts on November 1 of the calendar year of the reference date, and

(ii) ends on the following date:

(A) if an end date is provided in the regulation that changes the exempt land, that end date;

(B) if no end date is provided as described in clause (A), the date that the exempt land is subsequently changed to remove or add the geographic area that was the subject of the request.

(2) Despite subsection (1) (a) and (b) (i), if a request made under section 15 (1) of the Act relates to adding a geographic area to the exempt land in the year 2024,

(a) the prescribed date is February 29, 2024, and

(b) the prescribed period of time starts on May 1, 2024.

Factors for Lieutenant Governor in Council to consider

12   For the purposes of section 15 (3) (e) [requests for changes to exempt land] of the Act, the following factors are prescribed in the case of a request made by a municipality to be added to the exempt land:

(a) the rental vacancy rate in relation to the relevant area or another geographic area that includes the relevant area;

(b) the manner by which the rental vacancy rate was determined.

Initial disclosure and disclosures of changes to information

13   A platform service provider must disclose platform service provider information to the minister as follows:

(a) as an initial disclosure

(i) before May 15, 2024, or

(ii) in the case of a new platform service provider, within 30 days after the date this section applies to the new platform service provider;

(b) after the initial disclosure, if the platform service provider information changes, the platform service provider information must be disclosed within 15 days after the date of the change.

[en. B.C. Reg. 85/2024, App., s. 7.]

Periodic disclosure

14   (1) For the purposes of section 17 (1) (c) (ii) [platform service provider requirements] of the Act, the following prescribed information, in respect of a property where short-term rental accommodation services are provided, must be recorded, maintained and disclosed by a platform service provider for the platform services provided in respect of a platform offer and the property:

(a) the number or other identification information of the platform offer and, if available, the URL of the platform offer;

(b) if available, the number or other identification information of the supplier host;

(c) if provided to the platform service provider,

(i) whether the platform offer is in respect of the entire dwelling unit or a bedroom within the dwelling unit, and

(ii) the number of bedrooms in the dwelling unit available for short-term rental accommodation services;

(d) in respect of the previous month,

(i) the number of nights that the short-term rental accommodation services were provided, and

(ii) the number of separate reservations.

(2) The information that is required to be recorded and maintained by a platform service provider under section 17 (1) (c) of the Act must be disclosed to the minister on a monthly basis, on or before the date that is 15 days after the last day of the previous month.

(3) The records to be disclosed by a platform service provider under section 17 (1) (c) of the Act must

(a) be transmitted to the minister in an electronic format in the form required by the minister, and

(b) be transmitted to the minister

(i) by electronic data transmission by way of an electronic portal on an authorized site, or

(ii) if the electronic portal is not available, in the manner specified by the minister.

(4) For the purposes of section 17 (1) (c) of the Act, a platform service provider must maintain information described in that provision for a period of 3 years from the date the information is required to be disclosed to the minister.

[en. B.C. Reg. 85/2024, App., s. 7.]

Notices of non-compliance with business licence requirement

15   A notice about the failure of a platform offer to comply with an applicable business licence requirement delivered under section 18 (2) [procedures for local governments] of the Act

(a) must include the following information:

(i) the name of the relevant local government;

(ii) the URL of the platform offer;

(iii) if known, the number or other identification information of the platform offer,

(b) must, when delivered to the platform service provider,

(i) be in an electronic format in the form required by the minister, and

(ii) be transmitted

(A) by electronic data transmission by way of an electronic portal on an authorized site with notification of the platform representative by email, or

(B) if the electronic portal is not available, by one or more of the means that is described in section 29 (d) [prescribed manner for delivery and service] of this regulation specified by the minister,

(c) may, when delivered to the supplier host, be transmitted by electronic data transmission by way of an electronic portal on an authorized site with notification of the supplier host by email to the email address provided by the supplier host to the platform service provider, and

(d) if transmitted as described in paragraph (c), must be in an electronic format in the form required by the minister.

[en. B.C. Reg. 85/2024, App., s. 7.]

Requests for cessation of platform services

16   (1) Under section 18 (3) (a) of the Act, a local government may request, within the prescribed period of 5 days to 90 days after the date of delivery of the notice under section 18 (2) of the Act, that a platform service provider cease providing platform services.

(2) A request for the cessation of platform services under section 18 (3) (a) of the Act must

(a) include the following information:

(i) the name of the relevant local government;

(ii) the URL of the platform offer;

(iii) if known, the number or other identification information of the platform offer, and

(b) be in an electronic format in the form required by the minister and be transmitted

(i) by electronic data transmission by way of an electronic portal on an authorized site with notification of the platform representative by email, or

(ii) if the electronic portal is not available, by one or more of the means that is described in section 29 (d) of this regulation specified by the minister.

(3) The platform service provider must cease providing platform services as described in the request within the prescribed period of 5 days from the date of receipt of the request.

(4) The platform service provider must disclose to the minister, by email to the email address provided by the minister, confirmation of compliance with all requests received under section 18 (3) (a) of the Act on a monthly basis, on or before the date that is 15 days after the last day of the previous month.

(5) A platform service provider that is not a major platform service provider is not required to disclose the confirmation of compliance as described in subsection (4) of this section if, in the previous month, the platform service provider received no requests under section 18 (3) (a) of the Act.

[en. B.C. Reg. 85/2024, App., s. 7.]

Opportunity to be heard

17   (1) An opportunity to be heard that is provided for the purposes of the Act in relation to a compliance order or an administrative penalty may be, as the director considers appropriate in the circumstances,

(a) in writing, including by fax or email,

(b) in person, or

(c) by video conference, audio conference, telephone or other electronic means, if available.

(2) The director must give notice of an opportunity under subsection (1), which notice must include the following information:

(a) the contravention or failure to which the compliance order or administrative penalty relates;

(b) the due date for written submissions or the time, date, place and manner of hearing.

(3) A notice under subsection (2) must be given not less than 21 days before the following, as applicable:

(a) the due date of a submission under subsection (1) (a);

(b) the date of a hearing under subsection (1) (b) or (c).

(4) On application, the director may change a time or date specified under subsection (2) (b).

[en. B.C. Reg. 85/2024, App., s. 7.]

Consequences of failing to appear or provide submissions

18   If a person who is given notice under section 17 (2) fails to provide submissions or to appear when required by the notice or under section 17 (4), as applicable, the director may proceed without further notice to issue a compliance order under section 24 [compliance orders] of the Act or impose an order that the person pay an administrative penalty under section 26 [administrative penalties] of the Act, as applicable, in respect of the person.

[en. B.C. Reg. 85/2024, App., s. 7.]

Service of compliance orders

19   A compliance order under section 24 (4) of the Act may be served on a platform service provider by electronic data transmission by way of an electronic portal on an authorized site with notification of the platform representative by email.

[en. B.C. Reg. 85/2024, App., s. 7.]

Considerations

20   Before the director imposes an administrative penalty on a person under section 26 of the Act, the director must consider all the following:

(a) previous enforcement actions for contraventions of a similar nature by the person;

(b) the gravity and magnitude of the contravention;

(c) whether the contravention was repeated or continuous;

(d) whether the contravention was deliberate;

(e) any economic benefit derived by the person from the contravention;

(f) the person's efforts to correct the contravention.

[en. B.C. Reg. 85/2024, App., s. 7.]

Prescribed contraventions or failures

21   For the purposes of section 27 (1) (a) [amount of administrative penalty] of the Act, the specific contraventions or failures that are prescribed are the contraventions or failures that are listed in column 1 of the Table to Schedule 4 of this regulation.

[en. B.C. Reg. 85/2024, App., s. 7.]

Prescribed maximum penalty

22   For the purposes of section 27 (1) (b) of the Act, the prescribed maximum amounts that may be imposed as administrative penalties in respect of the contraventions or failures prescribed in section 21 of this regulation are the amounts that are described in Schedule 4 of this regulation and listed in columns 4, 5 and 6 of the Table to that Schedule.

[en. B.C. Reg. 85/2024, App., s. 7.]

Period of time relating to repeated contraventions

23   For the purposes of section 38 (2) (n) (vi) [regulations of the Lieutenant Governor in Council — respecting time periods for repeat contraventions] of the Act, the period of time within which a contravention is to be considered a repeat contravention of an earlier contravention is 2 years.

[en. B.C. Reg. 85/2024, App., s. 7.]

Prescribed period of time for payment of administrative penalties

24   For the purposes of section 26 (3) [administrative penalties] of the Act, the prescribed period of time within which an administrative penalty must be paid is 60 days.

[en. B.C. Reg. 85/2024, App., s. 7.]

Review of administrative penalty

25   (1) For the purposes of section 29 (1) [review of administrative penalty] of the Act, a person who receives a notice under section 28 [notice of administrative penalty] of the Act may apply for a review of the matters set out in the notice within 30 days from the date of delivery of the notice.

(2) On application, the director may extend the period of time specified under subsection (1) of this section.

[en. B.C. Reg. 85/2024, App., s. 7.]

Prescribed grounds for review of administrative penalty

26   For the purposes of section 29 (2) (b) of the Act, the following grounds are prescribed:

(a) the person was unable to be heard because of circumstances that could not be anticipated and were beyond the person's control;

(b) a person who performed administrative tasks for the director made a procedural error that materially affected the decision to impose the administrative penalty or the amount of the administrative penalty;

(c) a technical irregularity or error occurred that materially affected the decision to impose an administrative penalty or the amount of the administrative penalty;

(d) the director did not determine an issue that the director was required to determine.

[en. B.C. Reg. 85/2024, App., s. 7.]

Limitation period for administrative penalties

27   (1) A notice under section 17 (2) [opportunity to be heard] in respect of an administrative penalty must not be sent more than 3 years after the facts on which it is based first came to the knowledge of the director.

(2) A document purporting to have been issued by the director, certifying the date on which the director became aware of the facts referred to in subsection (1) of this section,

(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(b) is proof of the certified date unless there is evidence to the contrary.

[en. B.C. Reg. 85/2024, App., s. 7.]

Definition

28   In this Division, "document" means an order, notice, decision or other document that is required or authorized to be delivered or served under the Act.

[en. B.C. Reg. 85/2024, App., s. 7.]

Prescribed manner for delivery and service

29   For the purposes of section 32 (1) [delivery and service] of the Act, a document may be delivered or served as follows:

(a) if a person is an individual, the ways to deliver or serve a document are

(i) by leaving the document with the individual,

(ii) by leaving the document at the individual's residence with an adult who apparently resides with the individual,

(iii) by sending the document by ordinary mail, registered mail or courier to the address at which the individual resides or to a forwarding address provided by the individual,

(iv) by leaving the document in a mailbox or mail slot for the address at which the individual resides,

(v) by attaching the document to a door or other conspicuous place at the address at which the individual resides,

(vi) by sending the document by email to the email address provided by the individual, or

(vii) by transmitting the document to a fax number provided by the individual;

(b) if a person is a corporation, the ways to deliver or serve a document are

(i) by leaving the document with an officer or director of the corporation,

(ii) by sending the document by ordinary mail, registered mail or courier to the registered office of the corporation,

(iii) by sending the document by email to the email address provided by the corporation, or

(iv) by transmitting the document to a fax number provided by the corporation;

(c) if a person is a partnership, the ways to deliver or serve a document are

(i) by leaving the document with a partner,

(ii) by sending the document by ordinary mail, registered mail or courier to the business office of the partnership,

(iii) by sending the document by email to the email address provided by the partnership, or

(iv) by transmitting the document to a fax number provided by the partnership;

(d) if a person is a platform service provider that has a platform representative or if the person is a platform representative, the ways to deliver or serve a document are

(i) by leaving the document with the platform representative,

(ii) by sending the document by ordinary mail, registered mail or courier to the address provided by the platform representative,

(iii) by sending the document by email to the email address provided by the platform representative, or

(iv) by transmitting the document to a fax number provided by the platform representative.

[en. B.C. Reg. 85/2024, App., s. 7.]

Deemed receipt

30   (1) For the purposes of section 32 (2) of the Act, a document that is delivered or served in accordance with section 29 of this regulation on a person other than the minister or the director is deemed to be received,

(a) if the document is left with an individual, on the day it is left,

(b) if the document is sent by ordinary mail, registered mail or courier, on the fifth day after it is mailed or received by the courier,

(c) if the document is left in a mailbox or mail slot, on the third day after it is left,

(d) if the document is attached to a door or other conspicuous place, on the third day after it is attached,

(e) if the document is sent by email, on the third day after it is sent, and

(f) if the document is transmitted to a fax number, on the third day after it is transmitted.

(2) For the purposes of section 32 (2) of the Act, a document that is delivered or served in accordance with section 15 (b) (ii) (A) or (c) (i), [notices of non-compliance with business licence requirement], 16  (2) (b) (i) [requests for cessation of platform services] or 19 [service of compliance orders] of this regulation is deemed to be received on the third day after it is transmitted by way of an electronic portal on an authorized site.

[en. B.C. Reg. 85/2024, App., s. 7.]

Definition

1   In this Schedule, "contravention" means a contravention of the Act or this regulation, or a failure to comply with the Act or this regulation, described in column 1 of the Table to this Schedule that correspond to the provisions listed in column 3 of the Table to this Schedule.

Amount of administrative penalty

2   For each contravention listed in column 1 of the Table to this Schedule by a person listed in column 2 of the Table to this Schedule, the maximum amount of the administrative penalty is as follows:

(a) the amount set out in column 4 in relation to the contravention, for a first contravention;

(b) the amount set out in column 5 in relation to the contravention, for a second contravention that is a repeat contravention;

(c) the amount set out in column 6 in relation to the contravention, for a third or subsequent contravention that is a repeat contravention.