Copyright © King's Printer, Victoria, British Columbia, Canada |
Licence Disclaimer |
||
|
B.C. Reg. 2/2025, deposited January 20, 2025, under the SHORT-TERM RENTAL ACCOMMODATIONS ACT [sections 38 and 45]. Order in Council 25/2025, approved and ordered January 20, 2025.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that
(a) the following provisions of the Short-Term Rental Accommodations Act, S.B.C. 2023, c. 32, are brought into force:
(i) section 1, as it enacts the definitions of "applicant", "registrant", "registration number" and "registration requirement";
(ii) section 1, as it enacts paragraph (a) of the definition of "responsible official" and paragraph (c) of the definition of "short-term rental information";
(iii) sections 6 to 12, 13 (b), 14 (2), 17 (1) (b) (i) (B) and (ii) and (2) (a), 35 (3) (a) and 38 (2) (f) (ii) to (vii), (3) (e) (i) and (f) (i) (A), and
(b) the Short-Term Rental Accommodations Regulation, B.C. Reg. 268/2023, is amended as set out in the attached Appendix.
— R. KAHLON, Minister of Housing and Municipal Affairs; S. MALCOLMSON, Presiding Member of the Executive Council.
Appendix
1 Section 1 (1) of the Short-Term Rental Accommodations Regulation, B.C. Reg. 268/2023, is amended
(a) by repealing the definition of "major platform service provider" and substituting the following:
"major platform service provider" means a platform service provider, other than a platform service provider of a strata-titled hotel or motel platform, that had 1 000 or more platform offers on the platform on the date of application for registration or renewal of registration; ,
(b) by adding the following definitions:
"medium platform service provider" means a platform service provider, other than a platform service provider of a strata-titled hotel or motel platform, that had 250 to 999 platform offers on the platform on the date of application for registration or renewal of registration;
"minor platform service provider" means a platform service provider, other than a platform service provider of a strata-titled hotel or motel platform, that had 249 or fewer platform offers on the platform on the date of application for registration or renewal of registration;
"strata-titled hotel or motel platform" means a platform that is available exclusively for each of the owners of strata lots in a strata-titled hotel or motel to make platform offers; , and
(c) in the definition of "time share property" by striking out "section 4 (1) (c)" and substituting "section 4 (4)".
2 Section 2 is amended
(a) in subsection (1) by repealing paragraph (b) and substituting the following:
(b) the persons or entities that provide platform services exclusively in respect of the following accommodations are excluded from the definition of "platform service provider":
(i) a time share property;
(ii) a home exchange;
(iii) student accommodation;
(iv) accommodation that is provided by an operator of outdoor recreational activities, ,
(b) in subsection (1) by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) (ii) and by adding the following paragraph:
(e) in respect of the definition of "short-term rental information", the following is prescribed information:
(i) if applicable, a unit number;
(ii) in the case of a property host or supplier host that is an individual, the individual’s date of birth;
(iii) the property host’s social insurance number or, if the property host does not have a social insurance number, the applicable of the following:
(A) the property host’s individual tax number;
(B) the property host’s temporary tax number;
(C) the property host’s business number within the meaning of the Income Tax Act (Canada);
(iv) if applicable, in respect of the property host and any other person who is a supplier host, any business name under which the property host or supplier host operates. , and
(c) in subsection (2) by striking out "definition of "major platform service provider"" and substituting "definitions of "major platform service provider", "medium platform service provider", "minor platform service provider" and "strata-titled hotel or motel platform"".
3 Section 3.1 is amended
(a) by adding the following subsections:
(1.1) The registration requirement imposed under section 6 [short-term rental offers must be registered] of the Act applies, or does not apply, to a short-term rental offer for accommodation at a strata-titled hotel or motel as follows:
(a) in the case of a short-term rental offer made only on a strata-titled hotel or motel platform, the registration requirement does not apply;
(b) in the case of a short-term rental offer made on a platform other than a strata-titled hotel or motel platform,
(i) for certainty, the registration requirement applies, and
(ii) if the manager is the supplier host who is responsible for registering the short-term rental offer, the application for registration or renewal of registration does not require payment of the fee described in section 6 (2) (c) of the Act and section 4.6 (1) [prescribed fees – short-term rental offers] of this regulation.
(1.2) For certainty, the registration requirement imposed under section 7 [platform service providers must be registered] of the Act applies to a platform service provider of a strata-titled hotel or motel platform. ,
(b) in subsection (2) (a) (i) (A) and (b) (i) (A) by striking out "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" and substituting "a strata-titled hotel or motel platform", and
(c) by adding the following subsection:
(3) A platform service provider of a strata-titled hotel or motel platform is exempt from the following requirements imposed under section 17 [platform service provider requirements] of the Act:
(a) the requirement to confirm the validity of registration numbers under section 17 (1) (b) (ii) of the Act and section 13.1 [confirming validity of registration numbers] of this regulation;
(b) the requirement to record, maintain and disclose to the minister records under section 17 (1) (c) of the Act and section 14 [periodic disclosure] of this regulation.
4 Section 4 is repealed and the following substituted:
Specific exemptions
4 (1) The registration requirement and the principal residence requirement do not apply to the following properties or circumstances:
(a) a time share property;
(b) a home exchange;
(c) a student accommodation;
(d) accommodation that is provided primarily for visitors of residents of strata lots and that is in
(i) common property, or
(ii) a strata lot owned by the applicable strata corporation;
(e) accommodation that is provided by an operator of outdoor recreational activities.
(2) The registration requirement does not apply to a short-term rental offer for
(a) a time share property,
(b) a home exchange,
(c) a student accommodation, or
(d) accommodation that is provided by an operator of outdoor recreational activities.
(3) In the case of a platform service provider that is, in respect of a platform, licensed as a travel wholesaler under the Business Practices and Consumer Protection Act and the Travel Industry Regulation, the application for registration or renewal of registration as a platform service provider need not be accompanied by the payment of a registration fee.
(4) The principal residence requirement does not apply to 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.
5 The following Part is added before Part 2:
Part 1.1 – Registration
Division 1 – General
Prescribed manner for authentication
4.1 For the purposes of section 5 (5) [appointment of registrar, delegation and authentication] of the Act, the prescribed manner for the authentication of an individual is an electronic format that is compatible with the technical requirements of the registrar.
Required information or documents
4.2 For the purposes of section 6 (2) [short-term rental offers must be registered] of the Act, the registrar may, in the application, specify required information or documents that the registrar considers necessary for the purposes of registration that are not otherwise required under the Act.
Prescribed registration period
4.3 For the purposes of section 8 [registration] of the Act, the prescribed period of time is one year.
Prescribed time and information for changes
4.4 For the purposes of section 9 (1) (a) [terms and conditions of registration] of the Act,
(a) 14 days is the prescribed period of time within which a registrant must report a change in any prescribed information to the registrar, and
(b) the following information is prescribed:
(i) in the case of a short-term rental offer,
(A) the short-term rental information,
(B) the status of the property as the principal residence of the property host, and
(C) the status of the short-term rental offer as being offered either in an entire residence or only in a portion of a residence;
(ii) in the case of a platform service provider, the platform service provider information.
Division 2 – Registration Matters
Relating to Short-Term Rental Offers
Prescribed terms and conditions of registration – short-term rental offers
4.5 (1) The following terms and conditions of registration are prescribed in respect of a short-term rental offer:
(a) the short-term rental offer and the short-term rental accommodation services provided at the relevant property must be provided in compliance with applicable short-term rental bylaws and related bylaws;
(b) a new registration is required if either of the following changes in circumstances occurs:
(i) the short-term rental offer has a new property host;
(ii) subject to subsection (2), the registration of the short-term rental offer was
(A) for accommodation services that were provided in only a portion of a residence, and
(B) there is a change in the short-term rental offer to provide accommodation services in the entire residence.
(2) The circumstance described in subsection (1) (b) (ii) does not apply if the relevant short-term rental offer is in respect of accommodation in a residence that continues to be the principal residence of the property host.
Prescribed fees – short-term rental offers
4.6 (1) For the purposes of section 6 (2) (c) [short-term rental offers must be registered] of the Act, the following fees are prescribed:
(a) $100, if a short-term rental offer is for accommodation services that are provided in
(i) the principal residence of the property host, or
(ii) only a portion of a residence;
(b) $450 in any other case.
(2) If an application for registration of a short-term rental offer is submitted
(a) prior to March 1, 2025, the prescribed fees described in subsection (1) are reduced by 50%, and
(b) from March 1, 2025 until March 31, 2025, the prescribed fees described in subsection (1) are reduced by 25%.
Division 3 – Registration Matters
Relating to Platform Service Providers
Registration matters – platform service providers
4.7 If a platform service provider operates more than one platform, the platform service provider is not required to register separately in respect of each platform.
Prescribed fees – platform service providers
4.8 For the purposes of section 7 (2) (c) [platform service providers must be registered] of the Act, the following fees for the application for registration or renewal of registration of platform service providers are prescribed:
(a) in the case of a major platform service provider, $5 000;
(b) in the case of a platform service provider other than a major platform service provider, including the following, $600:
(i) a medium platform service provider;
(ii) a minor platform service provider;
(iii) a platform service provider of a strata-titled hotel or motel platform.
Division 4 – Registrar Decisions
Review of registrar’s decision
4.9 (1) For the purposes of section 11 (1) [review of decision of registrar] of the Act, a person may apply to a responsible official for a review of the registrar’s decision about the person’s registration or renewal of registration
(a) in writing,
(b) within 14 days of having received the registrar’s decision,
(c) with full particulars of the grounds for review, and
(d) not more than once in respect of each of the registrar’s decisions.
(2) On application made to a responsible official before the expiry of the period of time described in subsection (1) (b) of this section, the responsible official may extend that period of time.
(3) A decision of the registrar may only be reviewed on the following grounds:
(a) there is new information that is substantial and material to the review;
(b) the person was unable to be heard due to circumstances that could not be anticipated and were beyond the person’s control;
(c) a technical irregularity or error occurred that materially affected the decision;
(d) the registrar did not determine an issue that the registrar was required to determine.
6 The following section is added to Division 1 of Part 2:
Principal residence declaration
5.1 (1) For the purposes of section 14 (2) (b) of the Act, a declaration need not include more than
(a) one of the prescribed identification documents listed in subsection (2) (a) of this section,
(b) two of the prescribed supporting documents listed in subsection (2) (b) of this section, and
(c) if the property host is a tenant, one of the prescribed tenancy documents listed in subsection (3) of this section.
(2) For the purposes of section 14 (2) (b) of the Act, the following documents are prescribed in respect of the property host and the relevant property:
(a) the following identification documents:
(i) a British Columbia Driver’s Licence;
(ii) a BC identification card within the meaning of the Identification Card Regulation;
(iii) a photo BC services card;
(iv) a non-photo BC services card;
(b) the following documents that may support the proof of the property host’s current principal residence:
(i) the most recent assessment notice within the meaning of assessment notice in the Assessment Act;
(ii) the most recent notice of property taxes;
(iii) an Owner’s Certificate of Insurance and Vehicle Licence issued by the Insurance Corporation of British Columbia;
(iv) a summary or certificate of the insurance coverage of the property;
(v) a utility bill issued for the supply of electricity, natural gas, water, telephone services, coaxial cable services or internet services by
(A) a public utility as defined in section 1 of the Utilities Commission Act,
(B) a gas utility as defined in section 1 of the Gas Utility Act,
(C) a water utility as defined in section 1 of the Water Utility Act,
(D) the British Columbia Hydro and Power Authority,
(E) a corporation licensed by the Canadian Radio-television and Telecommunications Commission for the purposes of that supply, or
(F) an internet service provider;
(vi) an email that confirms the filing of a declaration under section 62 [annual declaration] or 63 [declaration required on demand] of the Speculation and Vacancy Tax Act;
(vii) an email that confirms the filing of an application under Division 1 [Grant Applications, Adjustments and Cancellations] of Part 3 [Administration] of the Home Owner Grant Act;
(viii) a notice issued to the property host by the government, the government of Canada or an agent of either of those governments.
(3) If the property host is the tenant of the relevant property, in addition to the documents prescribed under subsection (2) of this section, the following documents are prescribed for the purposes of section 14 (2) (b) of the Act:
(a) the tenancy agreement, as defined in section 1 of the Residential Tenancy Act, between the property host and the landlord;
(b) a notice of rent increase given to the property host.
7 Division 1 of Part 3 is amended by adding the following sections:
Confirming validity of registration numbers
13.1 (1) This section applies on or after May 1, 2025 to platform service providers required under section 17 (1) (b) (ii) [platform service provider requirements] of the Act to confirm the validity of the registration number posted in respect of the platform offer by the supplier host on the platform.
(2) For the purposes of section 17 (1) (b) (ii) of the Act, a platform service provider must confirm the validity of the registration number posted by a supplier host by verifying, for each platform offer on the platform, the following in accordance with subsection (3) of this section:
(a) the elements described in subsection (3) of this section are consistent with the registration number submitted by the supplier host;
(b) the registration number posted by the supplier host remains valid.
(3) The confirmation of the validity of the registration number requires verification of the following in the manner and time frame described in subsections (4) and (5), as applicable:
(a) the registration number;
(b) the status of registration;
(c) the address of the residence associated with the registration, including
(i) if applicable, the apartment, suite or unit number,
(ii) the street number, and
(iii) the postal code.
(4) A major platform service provider and a medium platform service provider must confirm, on the application programming interface specified by the registrar, the validity of the registration number posted by a supplier host for each platform offer on the platform by verifying the elements of the platform offer described in subsection (3)
(a) before a platform offer is posted on the platform,
(b) within 24 hours of any changes to the short-term rental information, and
(c) at least once every 24 hours.
(5) A minor platform service provider must confirm, in an electronic format in the form required by the minister, the validity of the registration number posted by a supplier host for each platform offer on the platform by verifying with the registrar the elements of the platform offer described in subsection (3)
(a) before a platform offer is posted on the platform,
(b) within 24 hours of any changes to the short-term rental information, and
(c) on a quarterly basis.
(6) At the time a platform service provider is required to confirm the validity of a registration number under subsection (4) or (5), the reasons that the registration number may not be confirmed to be valid include the following:
(a) the address of the platform offer does not match the address of the residence associated with the registration, including
(i) if applicable, the apartment, suite or unit number,
(ii) the street number, and
(iii) the postal code;
(b) the platform offer is not registered due to
(i) non-compliance with the registration requirement,
(ii) refusal by the registrar to grant registration or renewal of registration,
(iii) cancellation of the registration, or
(iv) expiration of the registration;
(c) the registration of the platform offer is suspended.
Limits on provision of platform services
13.2 (1) In this section, "future reservation", in relation to a reservation for short-term rental accommodation services offered through a platform offer, means a reservation that commences on a date that is later than the date when, under subsection (3), the platform service provider is required to cease providing platform services in relation to the reservation.
(2) For the purposes of section 17 (2) of the Act, on or after May 1, 2025, a platform service provider must not provide platform services in respect of a platform offer unless
(a) the platform offer is registered, and
(b) the validity of the relevant registration number is confirmed in accordance with section 13.1 of this regulation.
(3) On or after May 1, 2025, if the validity of the relevant registration number is not able to be confirmed for the reasons set out in section 13.1 (6) of this regulation, the platform service provider must cease providing platform services within 24 hours of determining the invalidity in respect of all relevant platform offers associated with the applicable registration number, including by
(a) ceasing to promote the platform offers,
(b) ceasing to facilitate the promotion of and transactions for reservations for the platform offers, and
(c) subject to subsection (4) of this section, cancelling future reservations for the platform offers.
(4) The requirement to cease providing platform services by cancelling future reservations referred to in subsection (3) (c) of this section applies only on or after June 1, 2025, but does not apply if the relevant registration number is invalid for the sole reason that the registration of the relevant platform offer is suspended.
8 Section 14 (1) (d) is amended by striking out "and" at the end of subparagraph (i), by adding ", and" at the end of subparagraph (ii) and by adding the following subparagraph:
(iii) a list of all platform offers in respect of which the platform service provider has ceased providing platform services in accordance with section 13.2 of this regulation.
9 Section 16 is amended
(a) in subsection (4) by striking out "by email to the email address provided by the minister" and substituting "by electronic data transmission by way of an electronic portal on an authorized site", and
(b) by repealing subsection (5).
10 Section 17 (3) is amended by striking out "21 days" and substituting "10 days".
11 Section 19 is repealed and the following substituted:
Service of compliance orders
19 For the purposes of section 32 (1) (a) [delivery and service] of the Act, in the case of a supplier host, platform service provider or platform representative, a compliance order may be served by electronic data transmission by way of an electronic portal on an authorized site.
12 Section 25 is repealed and the following substituted:
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 to a responsible official 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 made to a responsible official before the expiry of the period of time described in subsection (1) of this section, a responsible official may extend that period of time for applying for a review of the matters set out in the notice.
13 The Table to Schedule 4 is repealed and the following substituted:
Table
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Column 5 |
Column 6 |
|
Item |
Contravention |
Person |
Provision of |
Administrative Penalty Maximum Amount |
||
1st |
2nd |
3rd or subsequent |
||||
1 |
Failure of a supplier host to register a short-term rental offer |
Supplier |
Section 6 (1) |
$5 000 |
$7 500 |
$10 000 |
2 |
Failure of a supplier host to meet the terms, conditions and requirements under the Act when applying for registration or renewal of registration |
Supplier |
Section 6 (4) |
$500 |
$750 |
$1 000 |
3 |
Failure of a platform service provider to register |
Platform service provider |
Section 7 (1) |
$5 000 |
$7 500 |
$10 000 |
4 |
Failure of a platform service provider to meet the terms, conditions and requirements under the Act when applying for registration or renewal of registration |
Platform service provider |
Section 7 (3) |
$10 000 |
$15 000 |
$20 000 |
5 |
Failure of a registrant to report a change in short-term rental information or the principal residence status |
Registrant (supplier host) |
Section 9 (1) (a) |
$500 |
$750 |
$1 000 |
6 |
Failure of a registrant to comply with the Act and regulations |
Registrant (supplier host or platform service provider) |
Section 9 (1) (b) (i) of the Act |
$5 000 |
$7 500 |
$10 000 |
7 |
Failure of a registrant to comply with the terms and conditions of the registrant’s registration |
Registrant (supplier host or platform service provider) |
Section 9 (1) (b) (ii) of the Act |
$1 000 |
$2 500 |
$5 000 |
8 |
Purporting to be a registrant when the person is not a registrant |
Person |
Section 12 of the Act |
$5 000 |
$7 500 |
$10 000 |
9 |
Failure to include a business licence number on a short-term rental offer |
Supplier |
Section 13 (a) |
$500 |
$750 |
$1 000 |
10 |
Failure to include a valid registration number on a short-term rental offer |
Supplier |
Section 13 (b) |
$500 |
$750 |
$1 000 |
11 |
Contravention of the principal residence requirement |
Supplier |
Section 14 (1) |
$5 000 |
$7 500 |
$10 000 |
12 |
Failure to have a platform representative |
Platform service provider |
Section 17 (1) (a) |
$5 000 |
$7 500 |
$10 000 |
13 |
Failure to disclose platform service provider information |
Platform service provider |
Section 13 of |
$5 000 |
$7 500 |
$10 000 |
14 |
Failure to enable posting of business licence number |
Platform service provider |
Section 17 (1) (b) (i) (A) of the Act |
$5 000 |
$7 500 |
$10 000 |
15 |
Failure to enable posting of a registration number |
Platform service provider |
Section 17 (1) (b) (i) (B) |
$5 000 |
$7 500 |
$10 000 |
16 |
Failure to confirm the validity of a registration number |
Platform service provider |
Section 17 (1) (b) (ii) of the Act |
$10 000 |
$15 000 |
$20 000 |
17 |
Failure to record, maintain and disclose records |
Platform service provider |
Section 17 (1) (c) |
$10 000 |
$15 000 |
$20 000 |
18 |
Contravention of the prohibition against providing services in respect of a platform offer not posted with a valid registration number |
Platform service provider |
Section 17 (2) (a) |
$5 000 |
$7 500 |
$10 000 |
19 |
Contravention of the prohibition against providing services in respect of a platform offer for which records are not disclosed |
Platform service provider |
Section 17 (2) (b) of the Act |
$5 000 |
$7 500 |
$10 000 |
20 |
Failure to comply with a request of local government |
Platform service provider |
Section 18 (3) (b) of the Act |
$5 000 |
$7 500 |
$10 000 |
21 |
Contravention of the Act or regulations |
Person |
Section 26 (1) (a) |
$5 000 |
$7 500 |
$10 000 |
22 |
Failure to comply with an order of the director or demand for records |
Person |
Section 26 (1) (b) |
$5 000 |
$7 500 |
$10 000 |
23 |
Failure to comply by giving false or misleading information |
Person |
Section 26 (1) (c) |
$5 000 |
$7 500 |
$10 000 |
Index Page | Previous Regulation | Next Regulation | Cumulative Index Page
Copyright © 2025: King's Printer, Victoria, British Columbia, Canada