Item - 2017.LS23.1

Tracking Status

LS23.1 - Licensing and Registration Regulations for Short-Term Rentals

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 5, 6, 7 and 8, 2017, adopted the following:

 

New By-law

 

1.  City Council establish a separate Toronto Municipal Code Chapter for short-term rentals, in accordance with City Council's decision.

 

Definitions

 

2.  City Council define the following terms in the short-term rental By-law:

 

a.  a short-term rental company is any person in the business of facilitating or brokering bookings for short-term rentals via the internet and who:

 

1.  receives payment, compensation, or any other financial benefit as a result of a person making or completing bookings of those short-term rentals; or

 

2.  collects, accesses, or holds information on the number of nights that bookings of those short-term rentals are made or completed.  

 

This definition does not apply to a person who facilitates or brokers bookings for a short-term rental owned by that person or his or her immediate family. "Person" includes multiple persons who act together to carry on the business of a short-term rental company, despite the fact that no single one of those persons carries on the activity in its entirety. Such persons shall be subject to the requirements and may be held jointly and severally responsible for each other's actions;

 

b.  a short-term rental is all or part of a dwelling unit in the City of Toronto used to provide sleeping accommodations for any rental period that is less than 28 consecutive days in exchange for payment. This includes existing bed and breakfasts and excludes hotels and motels and accommodations where there is no payment.

 

c.  an operator is any individual person (owner or tenant) who operates a short-term rental. Operators must be 18 years of age or older. Corporations cannot be operators.

 

d.  a principal residence is a dwelling unit owned or rented by an individual person, alone or jointly with another person, where he or she is ordinarily resident.

 

e.  an entire-unit rental is a short-term rental in which the renter occupies an entire dwelling unit.

 

f.  a partial-unit rental is a short-term rental in which the renter occupies part of the dwelling unit.

 

Short-Term Rental Operator Registry

 

3.  City Council direct that short-term rental operators register with the City annually. Registration shall consist of paying an annual registration fee and providing the following information:

 

a.  name, contact information (phone and email), address and government-issued identification of a type that demonstrates compliance with the principal residence requirement, to be determined by the Executive Director, Municipal Licensing and Standards.

 

b.  emergency contact information (name and phone number of a person available by phone 24 hours a day during rental);

 

c.  description of which parts of the property will be used for short-term rental (entire unit, number of bedrooms, secondary suite, other shared space);

 

d.  building type (condominium, apartment, detached, semi-detached, row house, townhouse, etc.); and

 

e.  any other information or documents required by the Executive Director, Municipal Licensing and Standards.

 

Short-Term Rental Operator Requirements

 

4.  City Council direct that:

 

a.  no one shall operate or advertise any short-term rental that is not registered;

 

b.  operators must include the City-issued registration number in any advertisement and in any invoice or contract related to the short-term rental;

 

c.  operators must update the registry within six days of any changes to the information provided to the City;

 

d.  operators must keep records of transactions related to every short-term rental listing for three years with the following details and provide this information to Municipal Licensing and Standards within 30 days of being requested to do so:

 

1.  number of nights rented as a short-term rental;

 

2.  rental type (entire unit, shared unit, or secondary suite); and

 

3.  any other information as required by the Executive Director, Municipal Licensing and Standards.

 

e.  operators must provide emergency contact information (reachable during guest stay) to all guests; and

 

f.  operators must provide guests with a diagram of all exits from the building and 911 emergency contact information.

 

5.  City Council direct that short-term rental companies be required to provide, as part of the initial licence application:

 

a. a process by which listings not registered with the City will be removed from the company's platform; and

 

b. a procedure for dealing with problem operators, and responding to complaints and other issues.

 

6.  City Council direct that:

 

a. short-term rental operators be required to provide, upon subsequent annual registration, the number of nights their short-term rental was rented for the previous year, for review by the City; and

 

b. City staff review information on number of nights provided by operators upon annual registration renewal of an operator, in advance of a registration renewal being finalized.

 

Principal Residence Requirements and Rental Limits

 

7.  City Council direct that short-term rental operators comply with the following:

 

a.  no operator shall rent or advertise for rent a short-term rental except at their principal residence;

 

b.  an operator can only have one principal residence at any time; and

 

c.  an operator must, upon request from Municipal Licensing and Standards, provide evidence that is satisfactory to the Executive Director, Municipal Licensing and Standards within ten days that the property they have registered for short-term rental use is their principal residence.

 

8.  City Council direct that an operator shall not be permitted to operate an entire-unit rental for more than 180 nights per calendar year.

 

Refusing or Cancelling an Operator's Registration

 

9.  City Council direct that the Executive Director, Municipal Licensing and Standards, can:

 

a.  refuse or cancel a registration if the operator meets specific criteria developed by the Executive Director, Municipal Licensing and Standards; the criteria will be similar but not limited to the criteria summarized in the report (November 14, 2017) from the Executive Director, Municipal Licensing and Standards; or

 

b.  exercise discretion to refuse or cancel a registration where the operator:

 

1.  has not carried on the activity with integrity and honesty;

 

2.  has violated any law or By-law;

 

3.  is conducting activity in such a way that would infringe on the rights of other members of the public; or

 

4.  has or would endanger the health or safety of other members of the public.

 

10.  City Council direct the Executive Director, Municipal Licensing and Standards to provide the operator with written notice that consideration is being given to the refusal or cancellation of the operator's registration, and that the operator have an opportunity to respond in writing to the notice within ten days of being notified; Municipal Licensing and Standards will then provide the operator with written notice of any decision to refuse or cancel the registration.

 

11.  City Council direct that an operator be provided with an opportunity to request, in writing, a second review of any decision to cancel their registration by the Executive Director, Municipal Licensing and Standards, within 30 days of the decision; the Executive Director, Municipal Licensing and Standards will consider the request for second review and inform the operator in writing of the decision made, which may affirm or change the original decision.

 

12.  City Council direct that where Municipal Licensing and Standards is reviewing whether to refuse or cancel an operator's registration, the process by which the decision is reached shall be in writing unless the operator requests an oral or electronic hearing and the Executive Director, Municipal Licensing and Standards determines that there is a good reason to hold an oral or electronic hearing and, if so, by whom and how the hearing shall be conducted.

 

13.  City Council direct that, if an operator's registration has been refused or cancelled pursuant to this process, the operator cannot reapply to the registry for one year.

 

14.  City Council direct that the Executive Director, Municipal Licensing and Standards has the discretion to cancel a registration if the operator's registration was issued due to a technological or clerical error.

 

Short-Term Rental Company Licence

 

15.  City Council require all short-term rental companies to be licensed with the City; to apply for a short-term rental company licence, the company shall pay a licence fee and provide the following information:

 

a.  name, phone number, and email address of a person responsible for responding to all City communications;

 

b.  a registered business address in Ontario; and

 

c.  any other information or documents as required by the Executive Director, Municipal Licensing and Standards.

 

16.  City Council require companies keep transaction records of every short-term rental listing for three years with the following details and disclose this information regularly to Municipal Licensing and Standards in a format and in accordance with a schedule determined by the Executive Director, Municipal Licensing and Standards:

 

a.  name, address, and registration number of the operator;

 

b.  number of nights rented as a short-term rental;

 

c.  rental type (entire unit, shared unit, or secondary suite); and

 

d.  any other information as required by the Executive Director, Municipal Licensing and Standards; and

 

e.  number of listings removed due to non-registration.

 

17.  City Council require a company, upon request by Municipal Licensing and Standards, to convey any communications issued by the City that relate to the requirements of the short-term rental By-law to all operators advertising with the company in a format and manner determined by the Executive Director, Municipal Licensing and Standards.

 

18.  City Council require that companies:

 

a.  maintain and make publicly available their procedure for dealing with listings when complaints are received about nuisances, criminal activity, and/or contraventions of federal, provincial or municipal law; and

 

b.  be prohibited from imposing a mandatory arbitration clause on individuals (operators and guests) using the company to facilitate or broker short-term rentals or requiring the law of any jurisdiction other than Ontario to be applied in relation to use of the company in Toronto; if clauses contrary to this requirement are included in any company agreement with individuals using its services, such clauses are unenforceable.

 

19.  City Council direct that the Executive Director, Municipal Licensing and Standards has the discretion to revoke, reject, or not renew a company's application for a licence if the licence was issued due to a technological or clerical error.

 

20.  City Council require companies to create operator and guest accounts for use by Municipal Licensing and Standards for enforcement purposes upon request by Municipal Licensing and Standards, and prohibit the company from obstructing access to those accounts.

 

Sharing Records between Short-Term Rental Companies and the City

 

21.  City Council direct that companies must, as a condition of licensing, execute an agreement with the City governing the collection, use, retention, and transmission of operator information on terms satisfactory to the Executive Director, Municipal Licensing and Standards, and that the Executive Director, Municipal Licensing and Standards shall have authority to execute such an agreement on the City's behalf.

 

22.  City Council direct that should a company choose to facilitate the operator registration process, it must obtain consent from operators applying for registration to the collection, use of, and potential disclosure of personal information to and by the City for the purposes permitted by the By-law, which consent must be in a form satisfactory to the Executive Director, Municipal Licensing and Standards.

 

General Licensing Provisions

 

23.  City Council direct that the short-term rental By-law import all relevant general provisions from the Toronto Municipal Code Chapter 545, Licensing, as necessary to be consistent with Chapter 545 and to operationalize the By-law. This includes providing authority for the Toronto Licensing Tribunal to suspend, revoke or refuse the issuance of a short-term rental company licence when appropriate.

 

24.  City Council delegate authority to the Executive Director, Municipal Licensing and Standards, to suspend or place conditions on the short-term rental operator registration or company licence without a hearing for up to 14 days at the Executive Director's discretion if the Executive Director, Municipal Licensing and Standards has reasonable grounds to conclude that the continued activity of the operator or company poses an immediate danger to health or safety of any person or to property.

 

General Requirements for Advertising, Facilitating and Brokering Short-Term Rentals

 

25.  City Council direct that any person, including a corporation:

 

a.  ensure that an operator's registration number is included in all short-term rental advertisements; and

 

b.  remove all short-term rental advertisements that are not registered within 24 hours of notification from the City.

 

26.  City Council direct that no person, including a corporation, can advertise, facilitate or broker a short-term rental that is not registered with the City.

 

Registration and Licence Fees

 

27.  City Council amend Chapter 441 to include the following fees for the short-term rental By-law, as detailed in Attachment 1 to the report (November 14, 2017) from the Executive Director, Municipal Licensing and Standards:

 

a.  operator annual registration fee: $50

 

b.  company licence fee: one-time application fee of $5,000; fee of $1.00 per night booked

 

Fines

 

28.  City Council establish:

 

a.  that anyone who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine of not more than $100,000;

 

b.  a system of fines that includes fines for continuing offences and special fines where it is determined that the conduct could have resulted in economic advantage or gain to the party found to have breached the By-law; and

 

c.  that directors or officers of a corporation who knowingly concur in the contravention of any offence under the By-law are guilty of an offence.

 

Administration

 

29.  City Council direct that all communications between the City and operators and companies must be sent via email, except where another method is authorized by the Executive Director, Municipal Licensing and Standards, in the Executive Director's sole discretion, and that any email shall be deemed to be received on the day it is sent to the most recent email address provided to Municipal Licensing and Standards as part of the licensing and registration process.

 

30.  City Council authorize the Executive Director, Municipal Licensing and Standards, to:

 

a.  issue interpretation bulletins or guidelines on matters relating to the short-term rental By-law; and

 

b.  delegate any authority or function provided for in the short-term rental By-law to the Executive Director, Municipal Licensing and Standards' designate.

 

31.  City Council require operators and companies submit to audits of their records as requested by the Executive Director, Municipal Licensing and Standards.

 

32.  City Council authorize the City Solicitor to make technical and stylistic amendments as required in the drafting of this By-law.

 

Implementation

  

33.  City Council direct that the By-law come into effect June 1, 2018; if no zoning changes permitting short-term rentals are in force by June 1, 2018, the By-law will come into effect on the day any of the zoning changes come into force.

 

34. City Council direct the Executive Director, Municipal Licensing and Standards to develop a comprehensive implementation plan for short-term rental regulations, including a strategy for managing and investigating complaints, communication with the public and follow-up enforcement, as well as a strategy to enforce the requirement that companies only advertise registered operators on their platforms.

 

35.  City Council direct the General Manager, Economic Development and Culture to report back on the impact of short term rental regulations on the City of Toronto's hotel industry, one year after implementation of the regulations.  

 

36.  City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee one year after the By-law comes into effect, to provide an update on implementation of the By-law.

City Council Decision Advice and Other Information

City Council considered Items LS23.1 and PG24.8 together.

Public Notice Given

Background Information (Committee)

(November 14, 2017) Revised Report from the Executive Director, Municipal Licensing and Standards, on Licensing and Registration Regulations for Short-Term Rentals
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-109052.pdf
(November 7, 2017) Report from the Executive Director, Municipal Licensing and Standards, on Licensing and Registration Regulations for Short-Term Rentals
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-108682.pdf
Attachment 1 - Additions to Municipal Code Chapter 441 Related to Fees for the Short-Term Rental Operator Registry and Company Licence
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-108808.pdf
Attachment 2 - Jurisdictional Scan of Short-Term Rental Regulations
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-108809.pdf
Public Notice on Licensing and Registration Regulations for Short-Term Rentals
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-108812.pdf
Presentation from the Executive Director, Municipal Licensing and Standards and the Director of Zoning and Secretary-Treasurer, Committee of Adjustment, on Short-Term Rentals: Proposed Regulations for Toronto
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-109151.pdf

Communications (Committee)

(November 8, 2017) E-mail from Brian Anderson (LS.New.LS23.1.1)
(November 9, 2017) E-mail from Tom Brewer (LS.New.LS23.1.2)
(November 9, 2017) Submission from Hasnain Hasan, Manager, Toronto Furnished Living (LS.New.LS23.1.3)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73604.pdf
(November 10, 2017) Letter from Anne Hayes, Chair, The Torontonian Tenants' Association (LS.New.LS23.1.4)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73598.pdf
(November 13, 2017) Letter from Christopher Brown (LS.New.LS23.1.5)
(November 13, 2017) E-mail from J. Christopher Binney and Natalie Hodgins (LS.New.LS23.1.6)
(November 13, 2017) Letter from Patricia Marson Vaughan (LS.New.LS23.1.7)
(November 13, 2017) E-mail from Emanuele Silli (LS.New.LS23.1.8)
(November 14, 2017) E-mail from Chris Bracamonte (LS.New.LS23.1.9)
(November 13, 2017) Letter from Terry Mundell, President and Chief Executive Officer, Greater Toronto Hotel Association, and Tony Elenis, President and Chief Executive Officer, Ontario Restaurant Hotel and Motel Association (LS.New.LS23.1.10)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73794.pdf
(November 14, 2017) E-mail from Teddy Ghalustians (LS.New.LS23.1.11)
(November 14, 2017) Submission from Lesley McAllister (LS.New.LS23.1.12)
(November 14, 2017) E-mail from Claire Louise Gallagher (LS.New.LS23.1.13)
(November 14, 2017) Letter from Melissa Goldstein, Chair, Housing Action Now (LS.New.LS23.1.14)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73802.pdf
(November 14, 2017) Letter from Peter Bangarth and Melanie Tait (LS.New.LS23.1.15)
(November 14, 2017) E-mail from Doris Power, Rosie DaSilva, Heather O'Neil, John Corso, and Jon Alexander, on behalf of Tenants for Social Housing (LS.New.LS23.1.16)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73822.pdf
(November 14, 2017) E-mail from Vicki Trottier, President, Toronto Standard Condominium Corporation 2163 (LS.New.LS23.1.17)
(November 14, 2017) E-mail from Holly Aucoin (LS.New.LS23.1.18)
(November 14, 2017) Letter from Daryl Chong, President and Chief Executive Officer, Greater Toronto Apartment Association (LS.New.LS23.1.19)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73826.pdf
(November 14, 2017) Letter from Janet Coles (LS.New.LS23.1.20)
(November 14, 2017) Submission from Ben Westelman, Director, Head of Legal eBay Classifieds Group Canada/NW Europe (LS.New.LS23.1.21)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73876.pdf
(November 14, 2017) E-mail from Jerry Raso (LS.New.LS23.1.22)
(November 14, 2017) E-mail from Alvin Cheung (LS.New.LS23.1.23)
(November 15, 2017) E-mail from John Provart (LS.New.LS23.1.24)
(November 15, 2017) Letter from Dominique Russell, Chair, Friends of Kensington Market (LS.New.LS23.1.25)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73900.pdf
(November 15, 2017) Submission from Monika Wagner and Norman Verrall (LS.New.LS23.1.26)
(November 16, 2017) Letter from Kenneth Hale, Director of Advocacy and Legal Services, Advocacy Centre for Tenants Ontario (LS.New.LS23.1.27)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73925.pdf
(November 15, 2017) Submission from Thorben Wieditz, Fairbnb.ca Coalition (LS.New.LS23.1.28)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73926.pdf
(November 15, 2017) Letter from Jim Murphy, President and Chief Executive Officer, Federation of Rental-Housing Providers of Ontario (LS.New.LS23.1.29)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73927.pdf
(November 15, 2017) Letter from Nina Hall, Staff Lawyer, Kensington-Bellwoods Community Legal Services (LS.New.LS23.1.30)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73928.pdf
(November 15, 2017) E-mail from Steven Tufts (LS.New.LS23.1.31)
(November 15, 2017) E-mail from Brian Tyndale (LS.New.LS23.1.32)
(November 15, 2017) E-mail from Christopher Brown, Principal, Avison Young (LS.New.LS23.1.33)
(November 15, 2017) Letter from Jacqueline Porter (LS.New.LS23.1.34)
(November 16, 2017) E-mail from Jeremy Dias, Executive Director, The Canadian Centre for Gender and Sexuality Diversity (LS.New.LS23.1.35)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73934.pdf
(November 16, 2017) Submission from Fariba Anderson, Chief Executive Officer, AcuteNet Inc. (LS.New.LS23.1.36)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73936.pdf
(November 16, 2017) Submission from Lisa Giansante (LS.New.LS23.1.37)
(November 16, 2017) E-mail from Emily Daigle (LS.New.LS23.1.38)
(November 16, 2017) Submission from Caitlin O'Neill, Public Policy Director, Sonder (LS.New.LS23.1.39)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73939.pdf
(November 16, 2017) E-mail from Ed Van Gennip (LS.New.LS23.1.40)
(November 16, 2017) E-mail from Jennifer Boros (LS.New.LS23.1.41)
(November 16, 2017) E-mail from Michael Lewis (LS.New.LS23.1.42)
(November 16, 2017) E-mail from Rinat Shalom (LS.New.LS23.1.43)
(November 16, 2017) E-mail from Kamyar Lolavar (LS.New.LS23.1.44)
(November 16, 2017) E-mail from Michael Pokrovsky (LS.New.LS23.1.45)
(November 16, 2017) E-mail from Magali Julien (LS.New.LS23.1.46)
(November 16, 2017) E-mail from Rigo Seucharan (LS.New.LS23.1.47)
(November 16, 2017) E-mail from Feliks Gagula and Ines Jarki (LS.New.LS23.1.48)
(November 16, 2017) E-mail from Chris Liao (LS.New.LS23.1.49)
(November 16, 2017) E-mail from Liviu Cojocaru (LS.New.LS23.1.50)
(November 16, 2017) E-mail from Ruth Donsky (LS.New.LS23.1.51)
(November 16, 2017) E-mail from Andrew Hutchings (LS.New.LS23.1.52)
(November 16, 2017) E-mail from Cher Knightingale (LS.New.LS23.1.53)
(November 16, 2017) E-mail from Michael Briggs (LS.New.LS23.1.54)
(November 16, 2017) E-mail from Kathleen Le Roux (LS.New.LS23.1.55)
(November 16, 2017) Submission from Linda Brett, Bloor Street East Neighbourhood Association (LS.New.LS23.1.56)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73907.pdf
(November 16, 2017) Submission from Sue Robertson (LS.New.LS23.1.57)
(November 16, 2017) E-mail from Papia Barua (LS.New.LS23.1.58)
(November 16, 2017) E-mail from Ben d'Avernas (LS.New.LS23.1.59)
(November 16, 2017) E-mail from Adil and Mona Antia (LS.New.LS23.1.60)
(November 16, 2017) E-mail from Sylvester Nicholas (LS.New.LS23.1.61)
(November 16, 2017) E-mail from Tony Bassels (LS.New.LS23.1.62)
(November 16, 2017) E-mail from Colin Gillies (LS.New.LS23.1.63)
(November 16, 2017) Submission from Richard de Sam Lazaro, Expedia Inc. (LS.New.LS23.1.64)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73919.pdf
(November 16, 2017) Submission from Catherine Lang (LS.New.LS23.1.65)
(November 16, 2017) Submission from Alex Dagg, Public Policy Manager, Canada, Airbnb (LS.New.LS23.1.66)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-74011.pdf

Communications (City Council)

(November 22, 2017) Submission from Hasnain Hasan, Manager, Toronto Furnished Living (CC.Main.LS23.1.67)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74202.pdf
(November 16, 2017) E-mail from Clarence Westhaver (CC.Main.LS23.1.68)
(November 17, 2017) E-mail from Judy Berger (CC.Main.LS23.1.69)
(November 16, 2017) E-mail from Janine Gliener (CC.Main.LS23.1.70)
(November 16, 2017) Submission from Catherine Lang (CC.Main.LS23.1.71)
(November 17, 2017) E-mail from Jane Anne Murry (CC.Main.LS23.1.72)
(November 16, 2017) E-mail from Maxine Louie (CC.Main.LS23.1.73)
(November 24, 2017) E-mail from Miranda Borisenko (CC.Main.LS23.1.74)
(November 28, 2017) E-mail from Nav Seyf (CC.Main.LS23.1.75)
(November 30, 2017) E-mail from Mitchell Posluns (CC.New.LS23.1.76)
(November 30, 2017) E-mail from Sara Weales (CC.New.LS23.1.77)
(November 30, 2017) E-mail from Andrťe-Anne Forest-Voyer (CC.New.LS23.1.78)
(November 30, 2017) E-mail from Teresa Gough (CC.New.LS23.1.79)
(November 30, 2017) E-mail from Tai Moor (CC.New.LS23.1.80)
(November 30, 2017) E-mail from Krzysztof Maryan (CC.New.LS23.1.81)
(November 30, 2017) E-mail from Lorie McLaughlin (CC.New.LS23.1.82)
(November 30, 2017) E-mail from Jamal Virani (CC.New.LS23.1.83)
(November 30, 2017) E-mail from Christopher Thompson (CC.New.LS23.1.84)
(November 30, 2017) E-mail from David Hogarth (CC.New.LS23.1.85)
(November 30, 2017) E-mail from Paulo Figueiras (CC.New.LS23.1.86)
(November 30, 2017) E-mail from Dawn Bazely (CC.New.LS23.1.87)
(November 17, 2017) E-mail from Ralph MacLeod (CC.New.LS23.1.88)
(November 30, 2017) E-mail from Lisa Cain (CC.New.LS23.1.89)
(November 30, 2017) E-mail from Shane Zuchowski (CC.New.LS23.1.90)
(November 30, 2017) E-mail from Emily Mantin (CC.New.LS23.1.91)
(November 30, 2017) E-mail from Claude Babin (CC.New.LS23.1.92)
(November 30, 2017) E-mail from Alyas Ali (CC.New.LS23.1.93)
(December 1, 2017) E-mail from Valerie Lannon (CC.New.LS23.1.94)
(December 4, 2017) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (CC.New.LS23.1.95)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74333.pdf
(December 3, 2017) E-mail from Diane Devenyi (CC.New.LS23.1.96)
(December 4, 2017) Letter from Daryl Chong, President and Chief Executive Officer, Greater Toronto Apartment Association (CC.New.LS23.1.97)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74294.pdf
(December 5, 2017) E-mail from Matt Caissie (CC.New.LS23.1.98)
(December 5, 2017) E-mail from Darnell Moses (CC.New.LS23.1.99)
(December 4, 2017) E-mail from Peter Moore (CC.New.LS23.1.100)
(December 4, 2017) E-mail from Doug Ewart (CC.New.LS23.1.101)
(December 5, 2017) E-mail from Liviu Cojocaru (CC.New.LS23.1.102)
(December 5, 2017) E-mail from Pulickel and Poornima Ajayan (CC.New.LS23.1.103)
(December 5, 2017) E-mail from Carrie Gervais (CC.New.LS23.1.104)
(December 5, 2017) Letter from Eileen Denny, President, Teddington Park Residents Association Inc. (CC.New.LS23.1.105)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74398.pdf
(December 5, 2017) E-mail from David Lidov (CC.New.LS23.1.106)
(December 5, 2017) E-mail from Joanne Hansen (CC.New.LS23.1.107)
(December 5, 2017) E-mail from Indra Morrison (CC.New.LS23.1.108)
(November 16, 2017) Letter from Jennifer Graham (CC.New.LS23.1.109)
(December 5, 2017) Letter from Linda McCarthy, Vice-President, Lytton Park Residents' Organization Inc. (CC.New.LS23.1.110)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74403.pdf
(December 5, 2017) E-mail from Jeff Timmons (CC.New.LS23.1.111)
(December 5, 2017) E-mail from Sean Beckett (CC.New.LS23.1.112)
(December 5, 2017) E-mail from Brenda Lowes (CC.New.LS23.1.113)
(December 5, 2017) E-mail from Rahim Lalani (CC.New.LS23.1.114)
(December 5, 2017) E-mail from Carlos Lopes (CC.New.LS23.1.115)
(December 5, 2017) E-mail from Shannon Villeneuve-Shulman (CC.New.LS23.1.116)
(December 5, 2017) E-mail from Papia Barua (CC.New.LS23.1.117)
(December 5, 2017) E-mail from AJ Huang (CC.New.LS23.1.118)
(December 6, 2017) E-mail from Mumtaz and Amin Virani (CC.New.LS23.1.119)
(December 6, 2017) E-mail from Janis Targum (CC.New.LS23.1.120)
(December 5, 2017) E-mail from Fotini Iconomopoulos (CC.New.LS23.1.121)
(December 6, 2017) E-mail from Suzanne Anderson (CC.New.LS23.1.122)
(December 6, 2017) E-mail from Devesh Modi (CC.New.LS23.1.123)
(December 5, 2017) E-mail from Ines Pacheco (CC.New.LS23.1.124)
(December 6, 2017) Letter from Feliks and Ines Jarki (CC.New.LS23.1.125)
(December 6, 2017) E-mail from Des Narciso (CC.New.LS23.1.126)
(December 6, 2017) E-mail from Marian Mattison (CC.New.LS23.1.127)
(December 6, 2017) E-mail from Karen Teune (CC.New.LS23.1.128)
(December 6, 2017) E-mail from Catherine Van Dyke (CC.New.LS23.1.129)
(December 7, 2017) E-mail from Hanna Gry (CC.New.LS23.1.130)
(December 7, 2017) E-mail from Peter Neumann and Louise Gwyn (CC.New.LS23.1.131)
(December 7, 2017) E-mail from Sharon Tiessen (CC.New.LS23.1.132)
(December 6, 2017) E-mail from Donna and Tom Hunt (CC.New.LS23.1.133)
(December 7, 2017) E-mail from Alex Cruz (CC.New.LS23.1.134)
(December 7, 2017) E-mail from Dylan Juckes (CC.New.LS23.1.135)
(December 7, 2017) Letter from Sharry Aiken and Miriam Kramer (CC.New.LS23.1.136)
(December 7, 2017) E-mail from Ariel Benibgui (CC.New.LS23.1.137)
(December 7, 2017) E-mail from Nikesha Trumpet (CC.New.LS23.1.138)
(December 7, 2017) E-mail from Shannon Hancocks (CC.New.LS23.1.139)
(December 7, 2017) E-mail from Christina Moro (CC.New.LS23.1.140)
(December 7, 2017) E-mail from Sean McKay (CC.New.LS23.1.141)
(December 7, 2017) E-mail from Brenda Dalglish (CC.New.LS23.1.142)
(December 7, 2017) E-mail from Simon and Catherine (CC.New.LS23.1.143)
(December 7, 2017) E-mail from Michael Krimus (CC.New.LS23.1.144)
(December 5, 2017) E-mail from Dwyke Young (CC.New.LS23.1.145)
(December 7, 2017) E-mail from Kathleen Le Roux (CC.New.LS23.1.146)
(December 7, 2017) E-mail from Tonia Vuolo (CC.New.LS23.1.147)
(December 7, 2017) E-mail from Michelle Webb (CC.New.LS23.1.148)
(December 7, 2017) E-mail from Abigail Pugh (CC.New.LS23.1.149)
(December 7, 2017) E-mail from Ainsley (CC.New.LS23.1.150)
(December 7, 2017) E-mail from Jason Schwartz (CC.New.LS23.1.151)
(December 7, 2017) E-mail from Ananda More (CC.New.LS23.1.152)
(December 7, 2017) E-mail from Rouzbeh (CC.New.LS23.1.153)
(December 7, 2017) E-mail from Adrian Golombek (CC.New.LS23.1.154)
(December 7, 2017) E-mail from Papia Barua (CC.New.LS23.1.155)
(December 7, 2017) E-mail from Frank Yin (CC.New.LS23.1.156)
(December 7, 2017) E-mail from Julian Solis (CC.New.LS23.1.157)
(December 7, 2017) E-mail from Sue Robertson (CC.New.LS23.1.158)
(December 7, 2017) E-mail from Liane Ninja (CC.New.LS23.1.159)
(December 7, 2017) E-mail from Mandie Freire (CC.New.LS23.1.160)
(December 7, 2017) E-mail from George Filtsos (CC.New.LS23.1.161)
(December 7, 2017) E-mail from Alexis Leino (CC.New.LS23.1.162)
(December 7, 2017) E-mail from Vic S (CC.New.LS23.1.163)
(December 7, 2017) E-mail from Philippe Gauthier (CC.New.LS23.1.164)
(December 7, 2017) E-mail from Valeri Oparychev (CC.New.LS23.1.165)
(December 7, 2017) E-mail from Sylvester Nicholas (CC.New.LS23.1.166)
(December 7, 2017) E-mail from Cathy Liu (CC.New.LS23.1.167)
(December 7, 2017) E-mail from Esther Epp (CC.New.LS23.1.168)
(December 7, 2017) E-mail from Priscilla Lee (CC.New.LS23.1.169)
(December 7, 2017) E-mail from Nikola Curcin (CC.New.LS23.1.170)
(December 7, 2017) E-mail from Samaria Mazan (CC.New.LS23.1.171)
(December 7, 2017) Multiple Communications from 780 individuals. List of communications LS23.1.172 to LS23.1.952 (CC.New.LS23.1.)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-74383.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Cesar Palacio (Carried)

That City Council delete Licensing and Standards Committee Recommendation 3.a.:

 

Recommendation to be deleted:

 

3.a.  Name, contact information (phone and email), address and identification of a type to be determined by the Executive Director, Municipal Licensing and Standards;

 

and replace it with the following:

 

3.a.  Name, contact information (phone and email), address and government-issued identification of a type that demonstrates compliance with the principal residence requirement, to be determined by the Executive Director, Municipal Licensing and Standards.

Vote (Amend Item) Dec-07-2017 5:47 PM

Result: Carried Majority Required - LS23.1 - Palacio - motion 1
Total members that voted Yes: 43 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano

2a - Motion to Amend Item moved by Councillor Jim Karygiannis (Lost)

That City Council amend Licensing and Standards Committee Recommendations by:

 

1.  amending Recommendation 2.c. by adding the words "If the operator is a tenant, they must provide written authorization from the homeowner in compliance with all provincial regulation." so that Recommendation 2.c. now reads:

 

2.c.  An operator is any individual person (owner or tenant) who operates a short-term rental. Operators must be 18 years of age or older. If the operator is a tenant, they must provide written authorization from the homeowner in compliance with all provincial regulation. Corporations cannot be operators.

 

2.  amending Recommendation 3.a. by adding the phrase "(government issued)" and the words "and proof of house ownership or proof of living in the home, and the tenant authorization from homeowner" so that Recommendation 3.a. now reads:

 

3.a.  Name, contact information (phone and email), address and (government issued) identification of a type to be determined by the Executive Director, Municipal Licensing and Standards, and proof of house ownership or proof of living in the home, and the tenant authorization from homeowner.

 

3.  amending Recommendations 4.a. by adding the words "within or outside Canada and consent must be received by neighbours within a 100-metre radius for houses and consent received by neighbours on the same floor and all tenants in the principal residence for homes, apartments, and condominiums" so that Recommendation 4.a. now reads:

 

4.a.  No one shall operate or advertise any short-term rental that is not registered within or outside Canada, and consent must be received by neighbours within a 100-metre radius for houses and consent received by neighbours on the same floor and all tenants in the principal residence for homes, apartments, and condominiums.

 

4.  adding new Recommendations 4.g. and 4.h. as follows:

 

4.g.  Operators must provide the City with a police clearance record

 

4.h. That operators must be present at all times on the property during the rental period.

 

5.  amending Recommendation 25.a. by deleting "$50" and replacing it with "$100" so that Recommendation 25.a. now reads:

 

25.a.  Operator annual registration fee: $100

 

6.  amending Recommendation 25.b. by deleting "$5,000" and "$1.00" and replacing them with "$10,000" and "$2.00" so that Recommendation 25.b now reads:

 

25.b.  Company license fee: one-time application fee of $10,000; fee of $2.00 per night booked.

Vote (Amend Item) Dec-07-2017 5:49 PM

Result: Lost Majority Required - LS23.1 - Karygiannis - motion 2a - Part 3 only
Total members that voted Yes: 11 Members that voted Yes are Paul Ainslie, Vincent Crisanti, Frank Di Giorgio, Paula Fletcher, Michael Ford, Mark Grimes, Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio, James Pasternak, Kristyn Wong-Tam
Total members that voted No: 33 Members that voted No are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Mary Fragedakis, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano

Vote (Amend Item) Dec-07-2017 5:50 PM

Result: Lost Majority Required - LS23.1 - Karygiannis - motion 2a - Parts 1, 4, 5 and 6 only
Total members that voted Yes: 10 Members that voted Yes are Jon Burnside, Vincent Crisanti, Glenn De Baeremaeker, Paula Fletcher, Michael Ford, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Josh Matlow, Kristyn Wong-Tam
Total members that voted No: 34 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Mark Grimes, Jim Hart, Michelle Holland, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi
Total members that were Absent: 1 Members that were absent are Justin J. Di Ciano
Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled Part 2 of motion 2a by Councillor Karygiannis redundant due to Council's adoption of motion 1 by Councillor Palacio.


2b - Motion to Amend Item (Additional) moved by Councillor Jim Karygiannis (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee one year after the By-law comes into effect, to provide an update on implementation of the By-law.

Vote (Amend Item (Additional)) Dec-07-2017 5:52 PM

Result: Carried Majority Required - LS23.1 - Karygiannis - motion 2b
Total members that voted Yes: 32 Members that voted Yes are Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, John Tory, Lucy Troisi
Total members that voted No: 11 Members that voted No are Paul Ainslie, Ana Bail„o, Shelley Carroll, Janet Davis, Sarah Doucette, Mike Layton, Gord Perks, Neethan Shan, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Justin J. Di Ciano, Denzil Minnan-Wong

3 - Motion to Amend Item (Additional) moved by Councillor Michael Ford (Carried)

That City Council direct the General Manager, Economic Development and Culture to report back on the impact of short term rental regulations on the City of Toronto's hotel industry, one year after implementation of the regulations.

Vote (Amend Item (Additional)) Dec-07-2017 5:54 PM

Result: Carried Majority Required - LS23.1 - Ford - motion 3
Total members that voted Yes: 43 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Justin J. Di Ciano, Denzil Minnan-Wong

4 - Motion to Amend Item moved by Councillor Joe Cressy (Carried)

That 

 

1. City Council amend Licensing and Standard Committee Recommendation 14 by adding the words "regularly" and "number of listings removed due to non-registration" so that it now reads as follows:

 

14.  City Council require companies keep transaction records of every short-term rental listing for three years with the following details and disclose this information regularly to Municipal Licensing and Standards in a format and in accordance with a schedule determined by the Executive Director:

 

a.  Name, address, and registration number of the operator;

 

b.  Number of nights rented as a short-term rental;

 

c.  Rental type (entire unit, shared unit, or secondary suite); 

 

d.  Any other information as required by the Executive Director, Municipal Licensing and Standards; and

 

e. number of listings removed due to non-registration

 

2. City Council direct that:

 

a. Short-term rental operators be required to provide, upon subsequent annual registration, the number of nights their short-term rental was rented for the previous year, for review by the City; and

 

b. City staff review information on number of nights provided by operators upon annual registration renewal of an operator, in advance of a registration renewal being finalized.

 

3. City Council direct that short-term rental companies be required to provide, as part of the initial license application:

 

a. Process by which listings not registered with the City will be removed from the company's platform; and

 

b. Procedure for dealing with problem operators, and responding to complaints and other issues.

 

4. City Council direct the Executive Director, Municipal Licensing and Standards to develop a comprehensive implementation plan for short-term rental regulations, including a strategy for managing and investigating complaints, communication with the public and follow-up enforcement, as well as a strategy to enforce the requirement that companies only advertise registered operators on their platforms.

Vote (Amend Item) Dec-07-2017 5:53 PM

Result: Carried Majority Required - LS23.1 - Cressy - motion 4
Total members that voted Yes: 36 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Paul Ainslie, John Campbell, Frank Di Giorgio, Giorgio Mammoliti, Mary-Margaret McMahon, James Pasternak, Anthony Perruzza
Total members that were Absent: 2 Members that were absent are Justin J. Di Ciano, Denzil Minnan-Wong

5 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Lost)

That City Council direct the Executive Director, Municipal Licensing and Standards to form a working group with industry representatives and City staff that convenes every six months to monitor and evaluate the implementation of the Licensing and Registration Regulations for Short-Term Rentals.

Vote (Amend Item (Additional)) Dec-07-2017 5:55 PM

Result: Lost Majority Required - LS23.1 - Shiner - motion 5
Total members that voted Yes: 18 Members that voted Yes are Maria Augimeri, Christin Carmichael Greb, Shelley Carroll, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, David Shiner, John Tory
Total members that voted No: 25 Members that voted No are Paul Ainslie, Ana Bail„o, Jon Burnside, John Campbell, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Jim Hart, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, Lucy Troisi, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Justin J. Di Ciano, Denzil Minnan-Wong

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-07-2017 5:56 PM

Result: Carried Majority Required - LS23.1 - Adopt the item as amended
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Vincent Crisanti, Jim Karygiannis, Giorgio Mammoliti
Total members that were Absent: 2 Members that were absent are Justin J. Di Ciano, Denzil Minnan-Wong

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Palacio's speaking time be extended so that he could complete his remarks.


Point of Privilege by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege, stated that the Speaker's comments about Councillor Mammoliti were not parliamentary.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and thanked the Member for his comments.

LS23.1 - Licensing and Registration Regulations for Short-Term Rentals

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

New By-law

 

1.  City Council establish a separate Toronto Municipal Code Chapter for short-term rentals, in accordance with the recommendations in the report (November 14, 2017) from the Executive Director, Municipal Licensing and Standards.

 

Definitions

 

2.  City Council define the following terms in the short-term rental By-law:

 

a.  A short-term rental company is any person in the business of facilitating or brokering bookings for short-term rentals via the internet and who:

 

1.  Receives payment, compensation, or any other financial benefit as a result of a person making or completing bookings of those short-term rentals; or

 

2.  Collects, accesses, or holds information on the number of nights that bookings of those short-term rentals are made or completed.  

 

This definition does not apply to a person who facilitates or brokers bookings for a short-term rental owned by that person or his or her immediate family. "Person" includes multiple persons who act together to carry on the business of a short-term rental company, despite the fact that no single one of those persons carries on the activity in its entirety. Such persons shall be subject to the requirements and may be held jointly and severally responsible for each other's actions.

 

b.  A short-term rental is all or part of a dwelling unit in the City of Toronto used to provide sleeping accommodations for any rental period that is less than 28 consecutive days in exchange for payment. This includes existing bed and breakfasts and excludes hotels and motels and accommodations where there is no payment.

 

c.  An operator is any individual person (owner or tenant) who operates a short-term rental. Operators must be 18 years of age or older. Corporations cannot be operators.

 

d.  A principal residence is a dwelling unit owned or rented by an individual person, alone or jointly with another person, where he or she is ordinarily resident.

 

e.  An entire-unit rental is a short-term rental in which the renter occupies an entire dwelling unit.

 

f.  A partial-unit rental is a short-term rental in which the renter occupies part of the dwelling unit.

 

Short-Term Rental Operator Registry

 

3.  City Council direct that short-term rental operators register with the City annually. Registration shall consist of paying an annual registration fee and providing the following information:

 

a.  Name, contact information (phone and email), address and identification of a type to be determined by the Executive Director, Municipal Licensing and Standards;

 

b.  Emergency contact information (name and phone number of a person available by phone 24 hours a day during rental);

 

c.  Description of which parts of the property will be used for short-term rental (entire unit, number of bedrooms, secondary suite, other shared space);

 

d.  Building type (condominium, apartment, detached, semi-detached, row house, townhouse, etc.); and

 

e.  Any other information or documents required by the Executive Director, Municipal Licensing and Standards.

 

Short-Term Rental Operator Requirements

 

4.  City Council direct that:

 

a.  No one shall operate or advertise any short-term rental that is not registered;

 

b.  Operators must include the City-issued registration number in any advertisement and in any invoice or contract related to the short-term rental;

 

c.  Operators must update the registry within six days of any changes to the information provided to the City;

 

d.  Operators must keep records of transactions related to every short-term rental listing for three years with the following details and provide this information to Municipal Licensing and Standards within 30 days of being requested to do so:

 

1.  Number of nights rented as a short-term rental;

 

2.  Rental type (entire unit, shared unit, or secondary suite); and

 

3.  Any other information as required by the Executive Director, Municipal Licensing and Standards.

 

e.  Operators must provide emergency contact information (reachable during guest stay) to all guests; and

 

f.  Operators must provide guests with a diagram of all exits from the building and 911 emergency contact information.

 

Principal Residence Requirements and Rental Limits

 

5.  City Council direct that short-term rental operators comply with the following:

 

a.  No operator shall rent or advertise for rent a short-term rental except at their principal residence;

 

b.  An operator can only have one principal residence at any time; and

 

c.  An operator must, upon request from Municipal Licensing and Standards, provide evidence that is satisfactory to the Executive Director within ten days that the property they have registered for short-term rental use is their principal residence.

 

6.  City Council direct that an operator shall not be permitted to operate an entire-unit rental for more than 180 nights per calendar year.

 

Refusing or Cancelling an Operator's Registration

 

7.  City Council direct that the Executive Director, Municipal Licensing and Standards, can:

 

a.  Refuse or cancel a registration if the operator meets specific criteria developed by the Executive Director, Municipal Licensing and Standards. The criteria will be similar but not limited to the criteria summarized in the report (November 14, 2017) from the Executive Director, Municipal Licensing and Standards; or

 

b.  Exercise discretion to refuse or cancel a registration where the operator:

 

1.  Has not carried on the activity with integrity and honesty;

 

2.  Has violated any law or By-law;

 

3.  Is conducting activity in such a way that would infringe on the rights of other members of the public; or

 

4.  Has or would endanger the health or safety of other members of the public.

 

8.  City Council direct that the Executive Director, Municipal Licensing and Standards, provide the operator with written notice that consideration is being given to the refusal or cancellation of the operator's registration, and that the operator have an opportunity to respond in writing to this notice within ten days of being notified. Municipal Licensing and Standards will then provide the operator with written notice of any decision to refuse or cancel the registration.

 

9.  City Council direct that an operator be provided with an opportunity to request, in writing, a second review of any decision to cancel their registration by the Executive Director, Municipal Licensing and Standards, within 30 days of the decision. The Executive Director will consider the request for second review and inform the operator in writing of the decision made, which may affirm or change the original decision.

 

10.  City Council direct that where Municipal Licensing and Standards is reviewing whether to refuse or cancel an operator's registration, the process by which the decision is reached shall be in writing unless the operator requests an oral or electronic hearing and the Executive Director determines that there is a good reason to hold an oral or electronic hearing and, if so, by whom and how the hearing shall be conducted.

 

11.  City Council direct that, if an operator's registration has been refused or cancelled pursuant to this process, the operator cannot reapply to the registry for one year.

 

12.  City Council direct that the Executive Director, Municipal Licensing and Standards, have the discretion to cancel a registration if the operator's registration was issued due to a technological or clerical error.

 

Short-Term Rental Company Licence

 

13.  City Council require all short-term rental companies to be licensed with the City. To apply for a short-term rental company licence, the company shall pay a licence fee and provide the following information:

 

a.  Name, phone number, and email address of a person responsible for responding to all City communications;

 

b.  A registered business address in Ontario; and

 

c.  Any other information or documents as required by the Executive Director, Municipal Licensing and Standards.

 

14.  City Council require companies keep transaction records of every short-term rental listing for three years with the following details and disclose this information to Municipal Licensing and Standards in a format and in accordance with a schedule determined by the Executive Director:

 

a.  Name, address, and registration number of the operator;

 

b.  Number of nights rented as a short-term rental;

 

c.  Rental type (entire unit, shared unit, or secondary suite); and

 

d.  Any other information as required by the Executive Director, Municipal Licensing and Standards.

 

15.  City Council require a company, upon request by Municipal Licensing and Standards, to convey any communications issued by the City that relate to the requirements of the short-term rental By-law to all operators advertising with the company in a format and manner determined by the Executive Director.

 

16.  City Council require that companies:

 

a.  Maintain and make publicly available their procedure for dealing with listings when complaints are received about nuisances, criminal activity, and/or contraventions of federal, provincial or municipal law; and

 

b.  Be prohibited from imposing a mandatory arbitration clause on individuals (operators and guests) using the company to facilitate or broker short-term rentals or requiring the law of any jurisdiction other than Ontario to be applied in relation to use of the company in Toronto. If clauses contrary to this requirement are included in any company agreement with individuals using its services, such clauses are unenforceable.

 

17.  City Council direct that the Executive Director, Municipal Licensing and Standards, have the discretion to revoke, reject, or not renew a company's application for a licence if the licence was issued due to a technological or clerical error.

 

18.  City Council require companies to create operator and guest accounts for use by Municipal Licensing and Standards for enforcement purposes upon request by Municipal Licensing and Standards, and prohibit the company from obstructing access to those accounts.

 

Sharing Records between Short-Term Rental Companies and the City

 

19.  City Council direct that companies must, as a condition of licensing, execute an agreement with the City governing the collection, use, retention, and transmission of operator information on terms satisfactory to the Executive Director, Municipal Licensing and Standards, and that the Executive Director shall have authority to execute such an agreement on the City's behalf.

 

20.  City Council direct that should a company choose to facilitate the operator registration process, it must obtain consent from operators applying for registration to the collection, use of, and potential disclosure of personal information to and by the City for the purposes permitted by the By-law, which consent must be in a form satisfactory to the Executive Director, Municipal Licensing and Standards.

 

General Licensing Provisions

 

21.  City Council direct that the short-term rental By-law import all relevant general provisions from the Toronto Municipal Code Chapter 545, Licensing, as necessary to be consistent with Chapter 545 and to operationalize the By-law. This includes providing authority for the Toronto Licensing Tribunal to suspend, revoke or refuse the issuance of a short-term rental company licence when appropriate.

 

22.  City Council delegate authority to the Executive Director, Municipal Licensing and Standards, to suspend or place conditions on the short-term rental operator registration or company licence without a hearing for up to 14 days at her or his discretion if she or he has reasonable grounds to conclude that the continued activity of the operator or company poses an immediate danger to health or safety of any person or to property.

 

General Requirements for Advertising, Facilitating and Brokering Short-Term Rentals

 

23.  City Council direct that any person, including a corporation:

 

a.  Ensure that an operator's registration number is included in all short-term rental advertisements; and

 

b.  Remove all short-term rental advertisements that are not registered within 24 hours of notification from the City.

 

24.  City Council direct that no person, including a corporation, can advertise, facilitate or broker a short-term rental that is not registered with the City.

 

Registration and Licence Fees

 

25.  City Council amend Chapter 441 to include the following fees for the short-term rental By-law, as detailed in Attachment 1 of the report (November 14, 2017) from the Executive Director, Municipal Licensing and Standards:

 

a.  Operator annual registration fee: $50

 

b.  Company licence fee: one-time application fee of $5,000; fee of $1.00 per night booked

 

Fines

 

26.  City Council establish:

 

a.  That anyone who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine of not more than $100,000.

 

b.  A system of fines that includes fines for continuing offences and special fines where it is determined that the conduct could have resulted in economic advantage or gain to the party found to have breached the By-law.

 

c.  That directors or officers of a corporation who knowingly concur in the contravention of any offence under the By-law are guilty of an offence.

 

Administration

 

27.  City Council direct that all communications between the City and operators and companies must be sent via email, except where another method is authorized by the Executive Director, Municipal Licensing and Standards, in her or his sole discretion, and that any email shall be deemed to be received on the day it is sent to the most recent email address provided to Municipal Licensing and Standards as part of the licensing and registration process.

 

28.  City Council provide the Executive Director, Municipal Licensing and Standards, the authority to:

 

a.  Issue interpretation bulletins or guidelines on matters relating to the short-term rental By-law; and

 

b.  Delegate any authority or function provided for in the short-term rental By-law to the Executive Director's designate.

 

29.  City Council require operators and companies submit to audits of their records as requested by the Executive Director, Municipal Licensing and Standards.

 

30.  City Council give the City Solicitor the authority to make technical and stylistic amendments as required in the drafting of this By-law.

 

Implementation

 

31.  City Council direct that the By-law come into effect June 1, 2018. If no zoning changes permitting short-term rentals are in force by June 1, 2018, the By-law will come into effect on the day any of the zoning changes come into force.

Decision Advice and Other Information

The Licensing and Standards Committee also:

 

1.  Requested the Executive Director, Municipal Licensing and Standards, to review the submissions and report directly to City Council on December 6, 2017 if she wishes to clarify or modify any recommendations as a result of her review.

 

The Executive Director, Municipal Licensing and Standards, and the Director of Zoning and Secretary-Treasurer, Committee of Adjustment, gave a presentation on Short-Term Rentals: Proposed Regulations for Toronto.

Origin

(November 14, 2017) Report from the Executive Director, Municipal Licensing and Standards

Summary

This report is one of three reports on short-term rental regulations being considered by City Council. This report recommends a registration and licensing program for short-term rental activity in Toronto. It recommends that anyone doing a short-term rental in their home must register with the City and any companies that facilitate short-term rental activity, like Airbnb, must be licensed.

 

The other two reports provide:

 

- Zoning changes to permit short-term rentals in principal residences across the city and in secondary suites - report considered at November 15, 2017, Planning and Growth Management Committee.

 

- Potential short-term rental tax - report expected at November 29, 2017, Executive Committee.
 

The recommended short-term rental regulations were developed based on the following principles: permit people to rent their homes for short periods; minimize negative impacts on housing affordability and availability; enable greater diversity in tourism accommodations; maintain community stability, including in vertical communities; minimize nuisances; and create regulations that are fair and easy for people and companies to follow.

 

This report recommends that a By-law governing short-term rentals be enacted to include that:

 

- People who want to advertise or offer short-term rentals in their homes must be registered with the City.


- People may rent their entire home while they are away for a maximum of 180 nights per year.

 

- People may share their home for an unlimited number of nights when renting up to three rooms and/or one secondary suite.


- People must post their City-issued registration number in all advertisements for their short-term rental.
 

To register a home for short-term rental use, the recommended By-law includes that people must:

 

- Provide basic information, such as contact information and address;


- Make a declaration that the address is their principal residence;


- Ensure that the property, including secondary suite, is in compliance with all applicable laws, including the Ontario Building Code and Ontario Fire Code (as applicable), and must make a declaration of such;


- Keep records of short-term rental activity and provide to City upon request;


- Provide emergency information to guests;


- Provide contact information for a person available by phone 24 hours a day; and


- Pay an annual registration fee of $50.
 

This report also recommends that short-term rental companies be licensed. Short-term rental companies would be required to:

 

- Ensure that all listings have a valid registration number;


- Develop a procedure to mitigate neighbourhood nuisances;


- Provide information about short-term rental activity with the City; and


- Pay a one-time licence application fee of $5,000 and a licensing fee of $1 for each night booked through the company.
 

The recommendations were developed based on input from the public and stakeholders in August and September 2017 on the regulations adopted for consultation by Executive Committee on June 19, 2017. Staff heard from 225 attendees at public open houses, 5,316 respondents to an online survey, 45 stakeholders at targeted stakeholder meetings, and 27 residents via email. This is in addition to the extensive research and consultation undertaken from October 2016 to May 2017 in preparation for the June 2017 report.

 

The following City divisions were consulted in the preparation of this report: Affordable Housing Office; Corporate Finance; Economic Development and Culture; Legal Services; City Planning; Shelter, Support and Housing Administration; Social Development, Finance and Administration; Toronto Fire Services; and Toronto Building.

Background Information

(November 14, 2017) Revised Report from the Executive Director, Municipal Licensing and Standards, on Licensing and Registration Regulations for Short-Term Rentals
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-109052.pdf
(November 7, 2017) Report from the Executive Director, Municipal Licensing and Standards, on Licensing and Registration Regulations for Short-Term Rentals
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-108682.pdf
Attachment 1 - Additions to Municipal Code Chapter 441 Related to Fees for the Short-Term Rental Operator Registry and Company Licence
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-108808.pdf
Attachment 2 - Jurisdictional Scan of Short-Term Rental Regulations
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-108809.pdf
Public Notice on Licensing and Registration Regulations for Short-Term Rentals
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-108812.pdf
Presentation from the Executive Director, Municipal Licensing and Standards and the Director of Zoning and Secretary-Treasurer, Committee of Adjustment, on Short-Term Rentals: Proposed Regulations for Toronto
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-109151.pdf

Communications

(November 8, 2017) E-mail from Brian Anderson (LS.New.LS23.1.1)
(November 9, 2017) E-mail from Tom Brewer (LS.New.LS23.1.2)
(November 9, 2017) Submission from Hasnain Hasan, Manager, Toronto Furnished Living (LS.New.LS23.1.3)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73604.pdf
(November 10, 2017) Letter from Anne Hayes, Chair, The Torontonian Tenants' Association (LS.New.LS23.1.4)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73598.pdf
(November 13, 2017) Letter from Christopher Brown (LS.New.LS23.1.5)
(November 13, 2017) E-mail from J. Christopher Binney and Natalie Hodgins (LS.New.LS23.1.6)
(November 13, 2017) Letter from Patricia Marson Vaughan (LS.New.LS23.1.7)
(November 13, 2017) E-mail from Emanuele Silli (LS.New.LS23.1.8)
(November 14, 2017) E-mail from Chris Bracamonte (LS.New.LS23.1.9)
(November 13, 2017) Letter from Terry Mundell, President and Chief Executive Officer, Greater Toronto Hotel Association, and Tony Elenis, President and Chief Executive Officer, Ontario Restaurant Hotel and Motel Association (LS.New.LS23.1.10)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73794.pdf
(November 14, 2017) E-mail from Teddy Ghalustians (LS.New.LS23.1.11)
(November 14, 2017) Submission from Lesley McAllister (LS.New.LS23.1.12)
(November 14, 2017) E-mail from Claire Louise Gallagher (LS.New.LS23.1.13)
(November 14, 2017) Letter from Melissa Goldstein, Chair, Housing Action Now (LS.New.LS23.1.14)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73802.pdf
(November 14, 2017) Letter from Peter Bangarth and Melanie Tait (LS.New.LS23.1.15)
(November 14, 2017) E-mail from Doris Power, Rosie DaSilva, Heather O'Neil, John Corso, and Jon Alexander, on behalf of Tenants for Social Housing (LS.New.LS23.1.16)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73822.pdf
(November 14, 2017) E-mail from Vicki Trottier, President, Toronto Standard Condominium Corporation 2163 (LS.New.LS23.1.17)
(November 14, 2017) E-mail from Holly Aucoin (LS.New.LS23.1.18)
(November 14, 2017) Letter from Daryl Chong, President and Chief Executive Officer, Greater Toronto Apartment Association (LS.New.LS23.1.19)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73826.pdf
(November 14, 2017) Letter from Janet Coles (LS.New.LS23.1.20)
(November 14, 2017) Submission from Ben Westelman, Director, Head of Legal eBay Classifieds Group Canada/NW Europe (LS.New.LS23.1.21)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73876.pdf
(November 14, 2017) E-mail from Jerry Raso (LS.New.LS23.1.22)
(November 14, 2017) E-mail from Alvin Cheung (LS.New.LS23.1.23)
(November 15, 2017) E-mail from John Provart (LS.New.LS23.1.24)
(November 15, 2017) Letter from Dominique Russell, Chair, Friends of Kensington Market (LS.New.LS23.1.25)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73900.pdf
(November 15, 2017) Submission from Monika Wagner and Norman Verrall (LS.New.LS23.1.26)
(November 16, 2017) Letter from Kenneth Hale, Director of Advocacy and Legal Services, Advocacy Centre for Tenants Ontario (LS.New.LS23.1.27)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73925.pdf
(November 15, 2017) Submission from Thorben Wieditz, Fairbnb.ca Coalition (LS.New.LS23.1.28)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73926.pdf
(November 15, 2017) Letter from Jim Murphy, President and Chief Executive Officer, Federation of Rental-Housing Providers of Ontario (LS.New.LS23.1.29)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73927.pdf
(November 15, 2017) Letter from Nina Hall, Staff Lawyer, Kensington-Bellwoods Community Legal Services (LS.New.LS23.1.30)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73928.pdf
(November 15, 2017) E-mail from Steven Tufts (LS.New.LS23.1.31)
(November 15, 2017) E-mail from Brian Tyndale (LS.New.LS23.1.32)
(November 15, 2017) E-mail from Christopher Brown, Principal, Avison Young (LS.New.LS23.1.33)
(November 15, 2017) Letter from Jacqueline Porter (LS.New.LS23.1.34)
(November 16, 2017) E-mail from Jeremy Dias, Executive Director, The Canadian Centre for Gender and Sexuality Diversity (LS.New.LS23.1.35)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73934.pdf
(November 16, 2017) Submission from Fariba Anderson, Chief Executive Officer, AcuteNet Inc. (LS.New.LS23.1.36)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73936.pdf
(November 16, 2017) Submission from Lisa Giansante (LS.New.LS23.1.37)
(November 16, 2017) E-mail from Emily Daigle (LS.New.LS23.1.38)
(November 16, 2017) Submission from Caitlin O'Neill, Public Policy Director, Sonder (LS.New.LS23.1.39)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73939.pdf
(November 16, 2017) E-mail from Ed Van Gennip (LS.New.LS23.1.40)
(November 16, 2017) E-mail from Jennifer Boros (LS.New.LS23.1.41)
(November 16, 2017) E-mail from Michael Lewis (LS.New.LS23.1.42)
(November 16, 2017) E-mail from Rinat Shalom (LS.New.LS23.1.43)
(November 16, 2017) E-mail from Kamyar Lolavar (LS.New.LS23.1.44)
(November 16, 2017) E-mail from Michael Pokrovsky (LS.New.LS23.1.45)
(November 16, 2017) E-mail from Magali Julien (LS.New.LS23.1.46)
(November 16, 2017) E-mail from Rigo Seucharan (LS.New.LS23.1.47)
(November 16, 2017) E-mail from Feliks Gagula and Ines Jarki (LS.New.LS23.1.48)
(November 16, 2017) E-mail from Chris Liao (LS.New.LS23.1.49)
(November 16, 2017) E-mail from Liviu Cojocaru (LS.New.LS23.1.50)
(November 16, 2017) E-mail from Ruth Donsky (LS.New.LS23.1.51)
(November 16, 2017) E-mail from Andrew Hutchings (LS.New.LS23.1.52)
(November 16, 2017) E-mail from Cher Knightingale (LS.New.LS23.1.53)
(November 16, 2017) E-mail from Michael Briggs (LS.New.LS23.1.54)
(November 16, 2017) E-mail from Kathleen Le Roux (LS.New.LS23.1.55)
(November 16, 2017) Submission from Linda Brett, Bloor Street East Neighbourhood Association (LS.New.LS23.1.56)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73907.pdf
(November 16, 2017) Submission from Sue Robertson (LS.New.LS23.1.57)
(November 16, 2017) E-mail from Papia Barua (LS.New.LS23.1.58)
(November 16, 2017) E-mail from Ben d'Avernas (LS.New.LS23.1.59)
(November 16, 2017) E-mail from Adil and Mona Antia (LS.New.LS23.1.60)
(November 16, 2017) E-mail from Sylvester Nicholas (LS.New.LS23.1.61)
(November 16, 2017) E-mail from Tony Bassels (LS.New.LS23.1.62)
(November 16, 2017) E-mail from Colin Gillies (LS.New.LS23.1.63)
(November 16, 2017) Submission from Richard de Sam Lazaro, Expedia Inc. (LS.New.LS23.1.64)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-73919.pdf
(November 16, 2017) Submission from Catherine Lang (LS.New.LS23.1.65)
(November 16, 2017) Submission from Alex Dagg, Public Policy Manager, Canada, Airbnb (LS.New.LS23.1.66)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-74011.pdf

Speakers

Richard de Sam Lazaro, HomeAway Inc.
Caitlin O'Neill, Sonder
Ryan Killeen, Sonder
Alex Dagg, Policy Manager, Airbnb
Brian Anderson
Fariba Anderson, Chief Executive Officer, AcuteNet Inc.
Patrick Shaw
Hasnain Hasan, Manager, Toronto Furnished Living
Linda Brett, Bloor Street East Neighbourhood Association
Catherine Lang
Caroline Miller
Zach Mandlowitz, President, Home-Sharing Service Providers
Jennifer Graham
Melanie Ferreira, Melanie's Bistro
Douglas Goold, Vice President, Policy and Public Affairs, Toronto Region Board of Trade
Paul Nedoszytko
Jim Murphy, Chief Executive Officer, Federation of Rental-Housing Providers of Ontario
Jeremy Dias, Executive Director, The Canadian Centre for Gender and Sexual Diversity
Daryl Chong, Greater Toronto Apartment Association
Melissa Goldstein, Housing Action Now
Thorben Wieditz, Fairbnb.ca Coalition
Jessica Pisarek
Lisa Giansante
Emily Rayson, Chief Operating Officer, Canadastays
Robert Field, Graydon Hall Tenants' Association and the Federation of Metro Tenants' Association
Israel Quintero
Jeffrey Stern, Toronto Association of Community Organizations for Reform Now
Denise Lash, Lash Condo Law
Emily Daigle
Jacqueline Porter

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Jim Karygiannis (Lost)

1.  That Recommendation 2.c. be amended as follows:

 

Staff Recommendation

 

2.c.  An operator is any individual person (owner or tenant) who operates a short-term rental. Operators must be 18 years of age or older. Corporations cannot be operators.

 

Proposed Recommendation

 

2.c.  An operator is any individual person (owner or tenant) who operates a short-term rental. Operators must be 18 years of age or older. If the operator is a tenant, they should provide written authorization from the homeowner in compliance with all provincial regulation. Corporations cannot be operators.

 

2.  That Recommendation 3.a. be amended as follows:

 

Staff Recommendation

 

3.a.  Name, contact information (phone and email), address and identification of a type to be determined by the Executive Director, Municipal Licensing and Standards.

 

Proposed Recommendation

 

3.a.  Name, contact information (phone and email), address and (government issued) identification of a type to be determined by the Executive Director, Municipal Licensing and Standards, and proof of house ownership or proof of living in the home, and the tenant authorization from homeowner.

 

3.  That Recommendations 4.a. and 4.f. be amended as follows:

 

Staff Recommendations

 

4.a.  No one shall operate or advertise any short-term rental that is not registered.

 

4.f.  Operators must provide guests with a diagram of all exits from the building and 911 emergency contact information.

 

Proposed Recommendations

 

4.a.  No one shall operate or advertise any short-term rental that is not registered, and consent must be received by neighbours within a 100-metre radius for houses and consent received by neighbours on the same floor and all tenants in the principal residence for homes, apartments, and condominiums.

 

4.f.  Operators must provide the City with a police clearance record.

 

4.  That a new Recommendation 4.g. be added as follows:

 

4.g.  That operators must be present at all times on the property during the rental period.

 

5.  That Recommendations 25.a. and 25.b. be amended as follows:

 

Staff Recommendations

 

25.a.  Operator annual registration fee: $50

 

25.b.  Company licence fee: one-time application fee of $5,000; fee of $1.00 per night booked

 

Proposed Recommendation

 

25.a.  Operator annual registration fee: $100

 

25.b.  Company license fee: one-time application fee of $10,000; fee of $2.00 per night booked.

Vote (Amend Item (Additional)) Nov-16-2017

Result: Lost Majority Required - Motion 1 moved by Councillor Jim Karygiannis
Total members that voted Yes: 1 Members that voted Yes are Jim Karygiannis
Total members that voted No: 4 Members that voted No are Jon Burnside, Frank Di Giorgio, Frances Nunziata, Cesar Palacio (Chair)
Total members that were Absent: 1 Members that were absent are Glenn De Baeremaeker

2 - Motion to Amend Item moved by Councillor Cesar Palacio (Carried)

That the Executive Director, Municipal Licensing and Standards review the submissions and report directly to City Council on December 6, 2017 if she wishes to clarify or modify any recommendations as a result of her review.


3 - Motion to Adopt Item as Amended moved by Councillor Cesar Palacio (Carried)

Vote (Adopt Item as Amended) Nov-16-2017

Result: Carried Majority Required - Motion 3 moved by Councillor Cesar Palacio
Total members that voted Yes: 4 Members that voted Yes are Jon Burnside, Frank Di Giorgio, Frances Nunziata, Cesar Palacio (Chair)
Total members that voted No: 1 Members that voted No are Jim Karygiannis
Total members that were Absent: 1 Members that were absent are Glenn De Baeremaeker

1 - Motion to Set Committee Rule moved by Councillor Jim Karygiannis (Carried)

1.  That speakers who have not pre-registered be allowed to register to speak until 10:00 a.m. on November 16, 2017, after which no further registration is allowed and the speakers list will be closed.

 

2.  That the length of public presentations be limited to 3 minutes.


2 - Motion to Set Committee Rule moved by Councillor Jon Burnside (Carried)

1.  That questions to staff from Members of Council (including Committee members) take place after the public deputations, be 5 minutes in total, with one round of questions per Councillor.

 

2.  That questions of speakers by Members of Council (including Committee members) be limited to 3 minutes, with one round of questions per Councillor.

 

3.  That speaking times for all Members of Council (including Committee members) be limited to 5 minutes, with one round of speaking per Councillor.

Source: Toronto City Clerk at www.toronto.ca/council