Item - 2024.PH11.9
Tracking Status
- City Council adopted this item on April 17, 2024 with amendments.
- This item was considered by Planning and Housing Committee on April 5, 2024 and was adopted with amendments. It will be considered by City Council on April 17, 2024.
- See also By-law 503-2024
PH11.9 - Short-Term Rental By-law Implementation Update
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on April 17 and 18, 2024, adopted the following:
1. City Council reiterate that the primary objective of Toronto Municipal Code Chapter 547, Licensing and Registration of Short-Term Rentals, is to limit short-term rental activity to principal residences to permit residents the flexibility to supplement their income through short-term rental operations while ensuring critical rental housing stock such as secondary suites, laneway suites, garden suites and similar accommodation are preserved for long term living accommodation and not temporary sleeping accommodation for the travelling public.
2. City Council amend Toronto Municipal Code Chapter 547, Licensing and Registration of Short-Term Rentals, to:
a. require an applicant for a short-term rental operator registration to submit, upon request, at least two documents in addition to government-issued identification to demonstrate to the satisfaction of Municipal Licensing and Standards that the proposed short-term rental is their principal residence;
b. amend the definition of principal residence to clarify that an operator's principal residence cannot include another space on the same property as a proposed or existing short-term rental that meets the definition of a dwelling unit;
c. insert a definition of "dwelling unit", for the purposes of determining an operator's principal residence, as a "separate or self-contained living accommodation for a person or persons living together as a single housekeeping unit in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the unit, and includes, for the purposes of this Chapter, a secondary suite, laneway suite, garden suite, or similar accommodation";
d. require an applicant for a short-term rental operator registration or its renewal to attend an in-person interview, upon request, at a time and place designated by Municipal Licensing and Standards, and provide any information or documents Municipal Licensing and Standards may require to evaluate the applicant’s eligibility for a short-term rental operator registration;
e. clarify that Municipal Licensing and Standards may require an operator to attend an inspection of their short-term rental at any time during the term of their registration and that the operator must comply with directions given by Municipal Licensing and Standards during that inspection;
f. clarify that a short-term rental operator registration is tied to the address listed on the registration issued by Municipal Licensing and Standards and require Municipal Licensing and Standards to refuse an application for a short-term rental operator registration or its renewal related to any address for which a short-term rental operator registration had been revoked in the 12 months preceding the application date, except where applicant can demonstrate to the satisfaction of Municipal Licensing and Standards that the property has been sold;
g. limit short-term rental operator registrations to one per dwelling unit, regardless of how many people may live in that dwelling unit, to be implemented by permitting only the operator who has held a registration related to the dwelling unit for the longest continuous period of time to renew their registration;
h. require the records short-term rental companies must keep to include the full name of the short-term rental operator as listed on their corresponding registration issued by Municipal Licensing and Standards;
i. clarify the requirements for short-term rental advertisements, verification of operator registration information by licensed short-term rental companies, and the removal of short-term rental advertisements by unregistered operators by amending 547-1.3 to include the following requirements:
1. require that no person shall advertise a short-term rental unless it displays the operator's registration number in a prominent location on the main page of the advertisement;
2. require that no person shall advertise, facilitate the advertising or rental of, or broker a short-term rental unless the operator is registered as such with Municipal Licensing and Standards and is using their full name, address and registration number on record with Municipal Licensing and Standards;
3. require every short-term rental company to verify the above information, at each instance they provide such services, in a manner prescribed by the Executive Director, by reference to the short-term rental registration data maintained and provided by Municipal Licensing and Standards for this purpose; and
4. in addition to the above, require a person, within 24 hours of being requested to do so by Municipal Licensing and Standards, to remove an advertisement that does not comply with the above requirements or that relates to an unregistered operator and cancel all future bookings made with respect to that short-term rental.
j. amend the process to revoke an operator's registration such that if an operator delivers a written response to Municipal Licensing Standards' notice of intent to revoke their registration, the response shall be reviewed by the Executive Director, or their designate, who shall make a final decision that is no longer subject to further appeal or review;
k. require short-term rental operators, in addition to providing emergency information and an exit diagram to guests, to post a physical copy of such information in a conspicuous place within the short-term rental for the duration of a guest's rental period;
l. require short-term rental companies to verify the validity of listings on their platforms that claim to be hotels by reference to a list of registered hotels provided by Municipal Licensing and Standards and to remove any listings that do not correspond with the list;
m. prohibit a multi-tenant house operator from obtaining a short-term rental operator registration related to that multi-tenant house;
n. remove 547-2.2 D given its time-limited application during the City's pandemic response;
o. require that a registered short-term rental operator advertising a partial-unit rental to advertise 1 fewer than the number of bed-sitting rooms available in their principal residence;
p. require an applicant for a short-term rental operator registration to register as either as an entire-unit short-term rental operator or a partial-unit short-term rental operator for the duration of their registration;
q. require a registered short-term rental operator, upon renewal, to register as either an entire-unit short-term rental operator or a partial-unit operator for the duration of their registration;
r. stipulate that consistent with their registration:
1. partial-unit operators may only offer partial-unit rentals;
2. all rentals by an entire-unit operator will be subject to the 180-night limitation, whether a visitor rents part or all of the entire unit operator’s residence;
s. prohibit an applicant or registered short-term rental operator from applying for a new registration at an address previously registered as a partial-unit or entire-unit short-term rental where the registration was cancelled within the prior 12 months, except where the applicant or operator can demonstrate to the satisfaction of Municipal Licensing and Standards that the property has been sold; and
t. clarify that where the number of bed-sitting rooms concurrently rented as a partial-unit rental equals the total number of bed-sitting rooms within the entire dwelling unit, it shall be considered an entire-unit rental, and shall count towards the 180-night entire-unit rental limit;
3. City Council direct the Executive Director, Municipal Licensing and Standards and the Chief Technology Officer to develop an Application Programming Interface to facilitate the secure delivery of and access to short-term rental registration data for the purposes of operator validation by licensed short-term rental companies.
4. City Council request the Province of Ontario to clarify the application of the Residential Tenancies Act with respect to rentals of 28 days or longer.
5. City Council request the Province of Ontario to commit to the preservation of long-term rental housing stock by addressing the Provincial Ombudsman’s recommendations related to resource and process-based constraints impacting the operation of the Landlord and Tenant Board.
6. City Council direct the by-law amendments in Part 2 above come into effect on the following dates:
a. the amendment in Part 2.n. to remove time-limited provisions related to the City's pandemic response come into effect immediately on the date a by-law is adopted;
b. the amendments in Part 2.b., c., h., i., j., k., l., and m. to enhance data verification processes, advertising requirements and bylaw compliance and enforcement measures come into effect on June 30, 2024;
c. the amendments in Part 2.a, d., e., f., and g. addressing strengthening registration requirements and the principal residence requirement come into effect on September 30, 2024; and
d. the amendments in Part 2.o, p., q., r., s., and t. come into effect on January 1, 2025.
7. City Council amend Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards by amending fees in the below table:
Ref No. |
Service Fee |
Description |
Category |
Fee Basis |
Fee |
Annual Adjustment |
465 |
Private Properties |
REVISED Short-Term Rental Company: Application Fee |
Full Cost Recovery |
Per application |
REVISED $10,000.00 |
REVISED Yes |
NEW |
Private Properties |
REVISED Short-Term Rental Company: Renewal Fee |
Full Cost Recovery |
Per renewal |
REVISED $10,000.00 |
REVISED Yes |
466 |
Private Properties |
Short-Term Rental Company: Nightly Fee |
Full Cost Recovery |
Per night booked |
REVISED $1.50 |
Yes |
467 |
Private Properties |
Short-Term Rental Operator: Registration Fee (Annual) |
Full Cost Recovery |
Per application |
REVISED $375.00 |
Yes |
8. City Council direct that the amendments to Chapter 441 come into effect as follows:
a. the changes to the Short-Term Rental Company Application Fee, Short-Term Rental Company Renewal Fee, and Short-Term Rental Nightly Fee shall come into force on June 30, 2024; and
b. the changes to the Short-Term Rental Operator Registration Fee shall come into force on January 1, 2025.
9. City Council increase the 2024 Operating Budget of Technology Services by $0.243 million gross and net; and increase the 2024 Operating Budget of Municipal Licensing and Standards by $0.777 million gross, $1.020 million revenue, and -$0.243 million net, fully funded from increased licence fee revenues.
10. City Council increase the approved staff complement of Technology Services by 2 positions; and increase the approved staff complement of Municipal Licensing and Standards by 21 positions to support the implementation of the proposed changes outlined in the report (March 21, 2024) from the Executive Director, Municipal Licensing and Standards.
11. City Council authorize the City Solicitor to make amendments to the Toronto Municipal Code, including such technical, stylistic, organizational, or other clarifications to its existing provisions, as may be necessary, in their opinion, to bring these and past adopted recommendations related to short-term rentals into effect or to increase the clarity and readability of its provisions.
12. City Council amend Chapter 547 short-term rental definition to exempt student premises owned or operated by a publicly funded or not-for-profit educational institution from the requirements of the Chapter.
13. City Council request the Executive Director, Municipal Licensing and Standards, to consider amending the screening criteria for Short Term Rental Operators and strengthen the threshold for convictions related to Chapter 591, Noise, to address impacts arising from nuisance parties at Short Term Rentals.
14. City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the Chief Technology Officer, to report back prior to the development of the 2025 budget on technology tools and other technical measures to increase efficiency in the short-term rental licensing and enforcement processes.
15. City Council request the Government of Canada to clarify the eligibility criteria and related funding allocation of $50 million for municipalities to support enforcement of short-term rental restrictions, as announced in the 2024 Federal Budget, and City Council request the Executive Director, Municipal Licensing and Standards, to report back on status of available funding and a plan for deployment in the Budget 2025 Process.
16. City Council direct the Executive Director, Municipal Licensing and Standards to monitor compliance and enforcement of partial-unit rentals and report back in second quarter of 2025 with any necessary by-law amendments.
17. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the Executive Director, Housing Secretariat, to review the City’s ‘Good Operator Guide’ for opportunities to educate short-term rental operators where appropriate on options for making homes available to residents on the long-term market, to be regulated through the provincial Residential Tenancies Act, to further the supply of affordable housing for Toronto residents.
18. City Council direct the Executive Director, Municipal Licensing and Standards, to examine options for developing licencing requirements for short-term rental property managers/management companies and to report to City Council by second quarter of 2025.
19. City Council request the Executive Director, Municipal Licensing and Standards, consider the current set fines for renting an entire unit for more than 180 days under Section 547-5.3 of City of Toronto Municipal Code Chapter 547, Licensing and Registration of Short-Term Rentals, and determine whether seeking approval to increase the set fine amount from $700.00 is appropriate.
20. City Council direct the Executive Director, Municipal Licensing and Standards, to provide City Council with a progress report on implementation of the recommendations by the second quarter of 2025.
Public Notice Given
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244524.pdf
Attachment 1: Short-Term Rental Operator Registrations Ward-by-Ward Breakdown
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244506.pdf
Attachment 2: Public Consultation and Stakeholder Engagement Summary
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244507.pdf
Attachment 3: Jurisdictional Scan of Short-Term Rental Licensing Frameworks
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244508.pdf
Attachment 4: Short-Term and Medium-Term Rentals in the City of Toronto - Market and Regulatory Analysis
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244526.pdf
(March 27, 2024) Public Notice
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244591.pdf
Communications (Committee)
(March 23, 2024) Letter from Lee-Anne Golden, Urban Flats Toronto Inc. (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178274.pdf
(January 25, 2024) Letter from Michelle White, Today Living Group Inc. (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178277.pdf
(January 26, 2024) Letter from Susan Cully, Premiere Suites (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178279.pdf
(February 12, 2024) E-mail from Vladimir Suarez, Corporate Stays (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178280.pdf
(March 22, 2024) E-mail from Elias Fares (PH.New)
(March 24, 2024) E-mail from Lana Pisarenko (PH.New)
(March 26, 2024) Letter from Tanya Baksh, Cliffcrest Scarborough Village SW Residents Association (CSVSWRA) (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178295.pdf
(October 28, 2023) Submission from Craig Urquhart (PH.New)
(March 27, 2024) E-mail from Daniel Segal (PH.New)
(January 19, 2024) Submission from Dan Henderson, DelSuites (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178331.pdf
(March 27, 2024) E-mail from Michael Solovyov (PH.New)
(March 28, 2024) E-mail from Daniela Udrea (PH.New)
(February 12, 2024) E-mail from Stefan Pettersson (PH.New)
(March 29, 2024) E-mail from Ellie Asiaei (PH.New)
(March 29, 2024) E-mail from Sarah Asgari (PH.New)
(March 29, 2024) E-mail from Silvia Stewart (PH.New)
(March 29, 2024) E-mail from Peter Deiwick (PH.New)
(March 29, 2024) E-mail from Uyen Tran (PH.New)
(March 29, 2024) E-mail from Jay Khan (PH.New)
(April 2, 2024) E-mail from Sylvia Sweeney (PH.New)
(March 29, 2024) E-mail from Benjamin Wang (PH.New)
(March 29, 2024) E-mail from Tony Poffandi (PH.New)
(March 30, 2024) E-mail from Thi Thu Hien Trinh (PH.New)
(March 30, 2024) E-mail from Manh Ha Nguyen (PH.New)
(March 29, 2024) E-mail from Annie Do (PH.New)
(March 31, 2024) E-mail from Mona Maher (PH.New)
(March 31, 2024) E-mail from Paul R. Buttigieg (PH.New)
(March 29, 2024) E-mail from Jack Razniak (PH.New)
(April 1, 2024) E-mail from Can Nguyen (PH.New)
(March 29, 2024) E-mail from Tommy Nguyen (PH.New)
(April 1, 2024) E-mail from Consuelo Marano (PH.New)
(March 29, 2024) E-mail from Courtney Anderson (PH.New)
(March 31, 2024) E-mail from William Johnson (PH.New)
(April 1, 2024) E-mail from Scott Petrie (PH.New)
(April 1, 2024) E-mail from Bert Sverf (PH.New)
(April 1, 2024) E-mail from Ardalan Mahmoodi (PH.New)
(April 1, 2024) E-mail from Perle Matthew (PH.New)
(April 1, 2024) E-mail from Carmela Anaclerio (PH.New)
(April 2, 2024) Letter from Fidaul Alam (PH.New)
(April 2, 2024) E-mail from Vinh Le (PH.New)
(March 19, 2024) Letter from Maria Antonakis, Canada Hosts Association (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178509.pdf
(April 1, 2024) E-mail from Anca-Daniela Selagea-Popov (PH.New)
(April 2, 2024) Letter from Nick Estrada, Corporate Housing Providers Association (CHPA) (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178555.pdf
(April 2, 2024) E-mail from Meg Carpin (PH.New)
(April 3, 2024) E-mail from Juan Bustos (PH.New)
(April 3, 2024) E-mail from Lina Nedoszytko (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178603.pdf
(April 4, 2024) E-mail from Kalei Kim (PH.New)
(April 3, 2024) E-mail from Rochel Gabriel (PH.New)
(April 4, 2024) Letter from Steve Argyris, Partner, Skyview Suites (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178634.pdf
(April 4, 2024) Presentation from George Emerson (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178636.pdf
(April 3, 2024) Letter from Geordie Dent, Federation of Metro Tenants' Associations (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178654.pdf
(April 4, 2024) E-mail from Barbara Mathews (PH.New)
(April 4, 2024) E-mail from Lianne Côté (PH.New)
(April 4, 2024) Letter from Signe Leisk, Cassels Brock and Blackwell LLP, on behalf of Seneca Polytechnic (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178657.pdf
(April 4, 2024) Letter from Signe Leisk, Cassels Brock and Blackwell LLP, on behalf of The Governing Council of the University of Toronto (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178643.pdf
(April 4, 2024) Letter from Dr. Gervan Fearon, George Brown College (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178660.pdf
(April 4, 2024) E-mail from James Pinto (PH.New)
(April 5, 2024) Submission from Jonella Evangelista, Right to Housing Toronto (R2HTO) (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178663.pdf
(April 4, 2024) E-mail from Paul Nedoszytko (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178667.pdf
(April 4, 2024) E-mail from Laura Berg (PH.New)
(April 5, 2024) E-mail from Rogelio Concepcion (PH.New)
(April 3, 2024) Submission from Dan Henderson, DelSuites Inc. (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178705.pdf
(April 5, 2024) Submission from Kiran Newman (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178710.pdf
(April 4, 2024) Letter from David Agnew, Seneca Polytechnic (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178682.pdf
(April 5, 2024) E-mail from Dariusz Kobularz (PH.New)
Communications (City Council)
(April 5, 2024) E-mail from Alison Rose (CC.Main)
(April 11, 2024) E-mail from Aaron Goldwater (CC.Supp)
(April 12, 2024) E-mail from Rose Savoia (CC.Supp)
(April 16, 2024) E-mail from Max Kelly (CC.Supp)
Motions (City Council)
That:
1. City Council reiterate that the primary objective of Toronto Municipal Code Chapter 547, Licensing and Registration of Short-Term Rentals is to limit short-term rental activity to principal residences to permit residents the flexibility to supplement their income through short-term rental operations while ensuring critical rental housing stock such as secondary suites, laneway suites, garden suites and similar accommodation are preserved for long term living accommodation and not temporary sleeping accommodation for the travelling public.
2. City Council amend Toronto Municipal Code Chapter 547, Licensing and Registration of Short-Term Rentals, to:
a. require that a registered short-term rental operator advertising a partial-unit rental to advertise 1 fewer than the number of bed-sitting rooms available in their principal residence;
b. require an applicant for a short-term rental operator registration to register as either as an entire-unit short-term rental operator or a partial-unit short-term rental operator for the duration of their registration;
c. require a registered short-term rental operator, upon renewal, to register as either an entire-unit short-term rental operator or a partial-unit operator for the duration of their registration;
d. stipulate that consistent with their registration:
1. partial-unit operators may only offer partial-unit rentals.
3. all rentals by an entire-unit operator will be subject to the 180-night limitation, whether a visitor rents part or all of the entire unit operator’s residence.
e. prohibit an applicant or registered short-term rental operator from applying for a new registration at an address previously registered as a partial-unit or entire-unit short-term rental where the registration was cancelled within the prior 12 months, except where the applicant or operator can demonstrate to the satisfaction of Municipal Licensing and Standards that the property has been sold.
f. clarify that where the number of bed-sitting rooms concurrently rented as a partial-unit rental equals the total number of bed-sitting rooms within the entire dwelling unit, it shall be considered an entire-unit rental, and shall count towards the 180-night entire-unit rental limit; and
g. direct that this amendment come into force on January 1, 2025.
3. City Council direct the Executive Director, Municipal Licensing and Standards to monitor compliance and enforcement of partial-unit rentals and report back in second quarter of 2025 with any necessary by-law amendments.
4. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the Housing Secretariat, to review the City’s ‘Good Operator Guide’ for opportunities to educate short-term rental operators where appropriate on options for making homes available to residents on the long-term market, to be regulated through the provincial Residential Tenancies Act, to further the supply of affordable housing for Toronto residents.
5. City Council direct the Executive Director, Municipal Licensing and Standards, to examine options for developing licencing requirements for short-term rental property managers/management companies and to report to City Council by second quarter of 2025.
6. City Council request the Government of Canada clarify the eligibility criteria and related funding allocation of $50 million for municipalities to support enforcement of short-term rental restrictions, as announced in the 2024 Federal Budget, and have Municipal Licensing and Standards report back on status of available funding and a plan for deployment in the Budget 2025 Process.
7. City Council request the Executive Director, Municipal Licensing and Standards, consider the current set fines for renting an entire unit for more than 180 days under Section 547-5.3 of City of Toronto Municipal Code Chapter 547, Licensing and Registration of Short-Term Rentals, and determine whether seeking approval to increase the set fine amount from $700.00 is appropriate.
8. City Council direct the Executive Director, Municipal Licensing and Standards, to provide Council with a progress report on implementation of the recommendations by the second quarter of 2025.
PH11.9 - Short-Term Rental By-law Implementation Update
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Public Notice Given
Committee Recommendations
The Planning and Housing Committee recommends that:
1. City Council amend Chapter 547, Licensing and Registration of Short-Term Rentals to:
a. Require an applicant for a short-term rental operator registration to submit, upon request, at least two documents in addition to government-issued identification to demonstrate to the satisfaction of Municipal Licensing and Standards that the proposed short-term rental is their principal residence;
b. Amend the definition of principal residence to clarify that an operator's principal residence cannot include another space on the same property as a proposed or existing short-term rental that meets the definition of a dwelling unit;
c. Insert a definition of "dwelling unit", for the purposes of determining an operator's principal residence, as a "separate or self-contained living accommodation for a person or persons living together as a single housekeeping unit in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the unit, and includes, for the purposes of this Chapter, a secondary suite, laneway suite, garden suite, or similar accommodation";
d. Require an applicant for a short-term rental operator registration or its renewal to attend an in-person interview, upon request, at a time and place designated by Municipal Licensing and Standards, and provide any information or documents Municipal Licensing and Standards may require to evaluate the applicant’s eligibility for a short-term rental operator registration;
e. Clarify that Municipal Licensing and Standards may require an operator to attend an inspection of their short-term rental at any time during the term of their registration and that the operator must comply with directions given by Municipal Licensing and Standards during that inspection;
f. Clarify that a short-term rental operator registration is tied to the address listed on the registration issued by Municipal Licensing and Standards and require Municipal Licensing and Standards to refuse an application for a short-term rental operator registration or its renewal related to any address for which a short-term rental operator registration had been revoked in the 12 months preceding the application date, except where applicant can demonstrate to the satisfaction of Municipal Licensing and Standards that the property has been sold;
g. Limit short-term rental operator registrations to one per dwelling unit, regardless of how many people may live in that dwelling unit, to be implemented by permitting only the operator who has held a registration related to the dwelling unit for the longest continuous period of time to renew their registration;
h. Require the records short-term rental companies must keep to include the full name of the short-term rental operator as listed on their corresponding registration issued by Municipal Licensing and Standards;
i. Clarify the requirements for short-term rental advertisements, verification of operator registration information by licensed short-term rental companies, and the removal of short-term rental advertisements by unregistered operators by amending 547-1.3 to include the following requirements:
i. Require that no person shall advertise a short-term rental unless it displays the operator's registration number in a prominent location on the main page of the advertisement.
ii. Require that no person shall advertise, facilitate the advertising or rental of, or broker a short-term rental unless the operator is registered as such with Municipal Licensing and Standards and is using their full name, address and registration number on record with Municipal Licensing and Standards.
iii. Require every short-term rental company to verify the above information, at each instance they provide such services, in a manner prescribed by the Executive Director, by reference to the short-term rental registration data maintained and provided by Municipal Licensing and Standards for this purpose.
iv. In addition to the above, require a person, within 24 hours of being requested to do so by Municipal Licensing and Standards, to remove an advertisement that does not comply with the above requirements or that relates to an unregistered operator and cancel all future bookings made with respect to that short-term rental.
j. Amend the process to revoke an operator's registration such that if an operator delivers a written response to Municipal Licensing Standards' notice of intent to revoke their registration, the response shall be reviewed by the Executive Director, or their designate, who shall make a final decision that is no longer subject to further appeal or review;
k. Require short-term rental operators, in addition to providing emergency information and an exit diagram to guests, to post a physical copy of such information in a conspicuous place within the short-term rental for the duration of a guest's rental period;
l. Require short-term rental companies to verify the validity of listings on their platforms that claim to be hotels by reference to a list of registered hotels provided by Municipal Licensing and Standards and to remove any listings that do not correspond with the list;
m. Prohibit a multi-tenant house operator from obtaining a short-term rental operator registration related to that multi-tenant house;
n. Remove 547-2.2 D given its time-limited application during the City's pandemic response.
2. City Council direct the Executive Director, Municipal Licensing and Standards and the Chief Technology Officer to develop an Application Programming Interface (API) to facilitate the secure delivery of and access to short-term rental registration data for the purposes of operator validation by licensed short-term rental companies.
3. City Council request the Province of Ontario to clarify the application of the Residential Tenancies Act with respect to rentals of 28 days or longer.
4. City Council request the Province of Ontario to commit to the preservation of long-term rental housing stock by addressing the Provincial Ombudsman’s recommendations related to resource and process-based constraints impacting the operation of the Landlord and Tenant Board.
5. City Council direct the by-law amendments in Recommendation 1, above come into effect on the following dates:
a. The amendment in Recommendation 1 (n) to remove time-limited provisions related to the City's pandemic response come into effect immediately on the date a by-law is adopted.
b. The amendments in Recommendations 1 (b), (c), (h), (i) i - iv, (j), (k), (l) and (m) to enhance data verification processes, advertising requirements and bylaw compliance and enforcement measures come into effect on June 30, 2024.
c. The amendments in Recommendations 1 (a), (d), (e), (f), and (g) addressing strengthening registration requirements and the principal residence requirement come into effect on September 30, 2024.
6. City Council amend Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards by amending fees in the below table:
Ref No. |
Service Fee |
Description |
Category |
Fee Basis |
Fee |
Annual Adjustment |
465 |
Private Properties |
REVISED Short-Term Rental Company: Application Fee |
Full Cost Recovery |
Per application |
REVISED $10,000.00 |
REVISED Yes |
NEW |
Private Properties |
REVISED Short-Term Rental Company: Renewal Fee |
Full Cost Recovery |
Per renewal |
REVISED $10,000.00 |
REVISED Yes |
466 |
Private Properties |
Short-Term Rental Company: Nightly Fee |
Full Cost Recovery |
Per night booked |
REVISED $1.50 |
Yes |
467 |
Private Properties |
Short-Term Rental Operator: Registration Fee (Annual) |
Full Cost Recovery |
Per application |
REVISED $375.00 |
Yes |
7. City Council direct that the amendments to Chapter 441 come into effect as follows:
a. The changes to the Short-Term Rental Company Application Fee, Short-Term Rental Company Renewal Fee, and Short-Term Rental Nightly Fee shall come into force on June 30, 2024.
b. The changes to the Short-Term Rental Operator Registration Fee shall come into force on January 1, 2025.
8. City Council increase the 2024 Operating Budget of Technology Services Division by $0.243 million gross and net; and increase the 2024 Operating Budget of Municipal Licensing and Standards by $0.777 million gross, $1.020 million revenue, and -$0.243 million net, fully funded from increased licence fee revenues.
9. City Council increase the approved staff complement of Technology Services Division by 2 positions; and increase the approved staff complement of Municipal Licensing and Standards by 21 positions to support the implementation of the proposed changes outlined in the report (March 21, 2024) from the Executive Director, Municipal Licensing and Standards.
10. City Council authorize the City Solicitor to make amendments to the Toronto Municipal Code, including such technical, stylistic, organizational, or other clarifications to its existing provisions, as may be necessary, in their opinion, to bring these and past adopted recommendations related to short-term rentals into effect or to increase the clarity and readability of its provisions.
11. City Council amend Chapter 547 short-term rental definition to exempt student premises owned or operated by a publicly funded or not-for-profit educational institution from the requirements of the Chapter.
12. City Council request the Executive Director, Municipal Licensing and Standards, to consider amending the screening criteria for Short Term Rental Operators and strengthen the threshold for convictions related to Chapter 591, Noise, to address impacts arising from nuisance parties at Short Term Rentals.
13. City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the Chief Technology Officer, to report back prior to the development of the 2025 budget on technology tools and other technical measures to increase efficiency in the short-term rental licensing and enforcement processes.
Origin
Summary
Toronto Municipal Code Chapter 547, Licensing and Registration of Short-Term Rentals regulates short-term rental activity by requiring short-term rental operators to be registered and short-term rental companies to be licensed with the City and abide by operational standards and regulatory requirements. The regulations - in conjunction with zoning provisions - permit property owners and tenants who are registered as short-term rental operators to rent their principal residence (i.e. where they ordinarily reside) for a period of less than 28 consecutive days. The primary principles of Chapter 547 are to limit short-term rental activity to principal residences and to protect critical rental housing stock by maintaining access to long-term accommodation for tenants.
This report responds to City Council direction to provide an update on the implementation of the City's short-term rental regulations and assess their impact on Toronto's short-term rental market. The report provides an overview of program data and revenues, contextualized by new research conducted by experts from the School of Urban Planning at McGill University, and outlines bylaw interpretation challenges and the City's response to enforcement challenges such as "ghost hotels". It also discusses the medium-term rental market (i.e. rental periods of 28 days or more), emerging activity related to third-party international student housing providers, and the impact of the bylaw's implementation on Toronto's hotel industry.
Through this report, Municipal Licensing and Standards is recommending a suite of bylaw amendments that aim to uphold the program's principles, further prevent commercialized short-term rental activity, and address enforcement and bylaw interpretation challenges. Proposed amendments include: i) strengthening the principal residence requirement through improvements to registration standards, ii) amending definitions to clarify the bylaw, iii) enhancing advertising, data sharing and data verification requirements with short-term rental companies, iv) streamlining the process to revoke a short-term rental operator's registration and v) introducing additional measures to curtail rental activity by unregistered operators. In addition, enhancements to administrative, enforcement and compliance resources are proposed through updates to the program's fee structure. This report also proposes that City Council request the Province of Ontario to clarify legislative authority of medium-term rentals and to take action to preserve long-term housing stock by addressing the Provincial Ombudsman's recommendations related to the Landlord and Tenant Board.
This report was developed with input from the Housing Secretariat, Technology Services, Revenue Services, City Planning, and Economic Development and Culture divisions.
Background Information
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244524.pdf
Attachment 1: Short-Term Rental Operator Registrations Ward-by-Ward Breakdown
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244506.pdf
Attachment 2: Public Consultation and Stakeholder Engagement Summary
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244507.pdf
Attachment 3: Jurisdictional Scan of Short-Term Rental Licensing Frameworks
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244508.pdf
Attachment 4: Short-Term and Medium-Term Rentals in the City of Toronto - Market and Regulatory Analysis
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244526.pdf
(March 27, 2024) Public Notice
https://www.toronto.ca/legdocs/mmis/2024/ph/bgrd/backgroundfile-244591.pdf
Communications
(March 23, 2024) Letter from Lee-Anne Golden, Urban Flats Toronto Inc. (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178274.pdf
(January 25, 2024) Letter from Michelle White, Today Living Group Inc. (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178277.pdf
(January 26, 2024) Letter from Susan Cully, Premiere Suites (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178279.pdf
(February 12, 2024) E-mail from Vladimir Suarez, Corporate Stays (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178280.pdf
(March 22, 2024) E-mail from Elias Fares (PH.New)
(March 24, 2024) E-mail from Lana Pisarenko (PH.New)
(March 26, 2024) Letter from Tanya Baksh, Cliffcrest Scarborough Village SW Residents Association (CSVSWRA) (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178295.pdf
(October 28, 2023) Submission from Craig Urquhart (PH.New)
(March 27, 2024) E-mail from Daniel Segal (PH.New)
(January 19, 2024) Submission from Dan Henderson, DelSuites (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178331.pdf
(March 27, 2024) E-mail from Michael Solovyov (PH.New)
(March 28, 2024) E-mail from Daniela Udrea (PH.New)
(February 12, 2024) E-mail from Stefan Pettersson (PH.New)
(March 29, 2024) E-mail from Ellie Asiaei (PH.New)
(March 29, 2024) E-mail from Sarah Asgari (PH.New)
(March 29, 2024) E-mail from Silvia Stewart (PH.New)
(March 29, 2024) E-mail from Peter Deiwick (PH.New)
(March 29, 2024) E-mail from Uyen Tran (PH.New)
(March 29, 2024) E-mail from Jay Khan (PH.New)
(April 2, 2024) E-mail from Sylvia Sweeney (PH.New)
(March 29, 2024) E-mail from Benjamin Wang (PH.New)
(March 29, 2024) E-mail from Tony Poffandi (PH.New)
(March 30, 2024) E-mail from Thi Thu Hien Trinh (PH.New)
(March 30, 2024) E-mail from Manh Ha Nguyen (PH.New)
(March 29, 2024) E-mail from Annie Do (PH.New)
(March 31, 2024) E-mail from Mona Maher (PH.New)
(March 31, 2024) E-mail from Paul R. Buttigieg (PH.New)
(March 29, 2024) E-mail from Jack Razniak (PH.New)
(April 1, 2024) E-mail from Can Nguyen (PH.New)
(March 29, 2024) E-mail from Tommy Nguyen (PH.New)
(April 1, 2024) E-mail from Consuelo Marano (PH.New)
(March 29, 2024) E-mail from Courtney Anderson (PH.New)
(March 31, 2024) E-mail from William Johnson (PH.New)
(April 1, 2024) E-mail from Scott Petrie (PH.New)
(April 1, 2024) E-mail from Bert Sverf (PH.New)
(April 1, 2024) E-mail from Ardalan Mahmoodi (PH.New)
(April 1, 2024) E-mail from Perle Matthew (PH.New)
(April 1, 2024) E-mail from Carmela Anaclerio (PH.New)
(April 2, 2024) Letter from Fidaul Alam (PH.New)
(April 2, 2024) E-mail from Vinh Le (PH.New)
(March 19, 2024) Letter from Maria Antonakis, Canada Hosts Association (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178509.pdf
(April 1, 2024) E-mail from Anca-Daniela Selagea-Popov (PH.New)
(April 2, 2024) Letter from Nick Estrada, Corporate Housing Providers Association (CHPA) (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178555.pdf
(April 2, 2024) E-mail from Meg Carpin (PH.New)
(April 3, 2024) E-mail from Juan Bustos (PH.New)
(April 3, 2024) E-mail from Lina Nedoszytko (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178603.pdf
(April 4, 2024) E-mail from Kalei Kim (PH.New)
(April 3, 2024) E-mail from Rochel Gabriel (PH.New)
(April 4, 2024) Letter from Steve Argyris, Partner, Skyview Suites (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178634.pdf
(April 4, 2024) Presentation from George Emerson (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178636.pdf
(April 3, 2024) Letter from Geordie Dent, Federation of Metro Tenants' Associations (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178654.pdf
(April 4, 2024) E-mail from Barbara Mathews (PH.New)
(April 4, 2024) E-mail from Lianne Côté (PH.New)
(April 4, 2024) Letter from Signe Leisk, Cassels Brock and Blackwell LLP, on behalf of Seneca Polytechnic (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178657.pdf
(April 4, 2024) Letter from Signe Leisk, Cassels Brock and Blackwell LLP, on behalf of The Governing Council of the University of Toronto (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178643.pdf
(April 4, 2024) Letter from Dr. Gervan Fearon, George Brown College (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178660.pdf
(April 4, 2024) E-mail from James Pinto (PH.New)
(April 5, 2024) Submission from Jonella Evangelista, Right to Housing Toronto (R2HTO) (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178663.pdf
(April 4, 2024) E-mail from Paul Nedoszytko (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178667.pdf
(April 4, 2024) E-mail from Laura Berg (PH.New)
(April 5, 2024) E-mail from Rogelio Concepcion (PH.New)
(April 3, 2024) Submission from Dan Henderson, DelSuites Inc. (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178705.pdf
(April 5, 2024) Submission from Kiran Newman (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178710.pdf
(April 4, 2024) Letter from David Agnew, Seneca Polytechnic (PH.New)
https://www.toronto.ca/legdocs/mmis/2024/ph/comm/communicationfile-178682.pdf
(April 5, 2024) E-mail from Dariusz Kobularz (PH.New)
Speakers
Burkhard Mausberg
Lina Nedoszytko
Paul Nedoszytko
Kiran Newman, torontohosts.ca
George Emerson
Tony Elenis, Ontario Restaurant Hotel & Motel Association
Peter Deiwick
Josephine Maas
Scott Petrie
Jordan Pohn
Mona Gray
Thorben Wieditz
Sara Anghel, Greater Toronto Hotel Association
Alex Howell, Airbnb
Gazi Sijan
Emil Glassbourg
Anthony Rizk
Jennifer Evola, Cassels Brock and Blackwell
Motions
That:
1. City Council amend Chapter 547 short-term rental definition to exempt student premises owned or operated by a publicly funded or not-for-profit educational institution from the requirements of the Chapter.
1. Amend Recommendation 1.b. by deleting "or could readily be modified to meet" so that it now reads:
"b. Amend the definition of principal residence to clarify that an operator's principal residence cannot include another space on the same property as a proposed or existing short-term rental that meets or could readily be modified to meet the definition of a dwelling unit;"
Vote (Amend Item) Apr-05-2024
Result: Carried | Majority Required |
---|---|
Total members that voted Yes: 6 | Members that voted Yes are Brad Bradford, Parthi Kandavel, Josh Matlow, Jamaal Myers, Frances Nunziata, Michael Thompson |
Total members that voted No: 1 | Members that voted No are Gord Perks (Chair) |
Total members that were Absent: 0 | Members that were absent are |
1. Delete Recommendation 1.d
"d. Limit operators to renting a short-term rental for a cumulative total of 180 nights per calendar year, regardless of whether the rental is a partial-unit or entire-unit rental;"
2. Delete Recommendation 5d
"d. The amendment in Recommendation 1 (d) to limit partial-unit rentals to 180 nights come into effect on January 1, 2025."
Vote (Amend Item) Apr-05-2024
Result: Carried | Majority Required |
---|---|
Total members that voted Yes: 6 | Members that voted Yes are Brad Bradford, Parthi Kandavel, Josh Matlow, Jamaal Myers, Frances Nunziata, Michael Thompson |
Total members that voted No: 1 | Members that voted No are Gord Perks (Chair) |
Total members that were Absent: 0 | Members that were absent are |
The Planning and Housing Committee recommends that:
1. City Council request the Executive Director, Municipal Licensing and Standards, to consider amending the screening criteria for Short Term Rental Operators and strengthen the threshold for convictions related to Chapter 591, Noise, to address impacts arising from nuisance parties at Short Term Rentals.
That:
1. City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the Chief Technology Officer, to report back prior to the development of the 2025 budget on technology tools and other technical measures to increase efficiency in the short-term rental licensing and enforcement processes.
Vote (Adopt Item as Amended) Apr-05-2024
Result: Carried | Majority Required |
---|---|
Total members that voted Yes: 6 | Members that voted Yes are Brad Bradford, Parthi Kandavel, Josh Matlow, Jamaal Myers, Frances Nunziata, Michael Thompson |
Total members that voted No: 1 | Members that voted No are Gord Perks (Chair) |
Total members that were Absent: 0 | Members that were absent are |