Licensing

Council enacts new short term accommodation bylaw, mapping in the works

On Tuesday evening, council discussed a bylaw change to better define types of short-term accommodations, making distinctions between bed and breakfast, owner-occupied and whole-home rentals, with the goal to enforce regulations. The staff report recommended council rescind the previous bylaw, which was enacted in 2019 and approve the new version. To date, 792 licensees have completed the STA licensing process, with 180 still awaiting licensing. During the licensing, it was discovered that the current bylaw does not allow for significant differences between the treatment of different types of STAs as it classifies all types under one category, with only some moderate differences in how B&Bs are regulated. Rescinding the old bylaw and passing the new version would allow council the flexibility to lift the STA licensing pause in phases. It could then permit licensing of B&Bs and owner-occupied STAs, but extend the licensing pause for whole-home STAs. It will also enable management of each STA type individually, such as permitting council to enact different caps on the number of each type of STA licence issued in a year.

Staff has also begun the process of creating an STA map that would publicly display the location and licence number of licensed STAs in the County. Based on overwhelming feedback from STA owners, the majority opinion seems to be one of unease and discomfort with the mapping proposal, specifically around private information and addresses being listed on a centralized map that singles out these businesses. Some operators were further concerned about threats or use of violence against STA owners should home addresses be published. Council heard from five local STA owners who raised concerns around the launch of a location map that would list all licensed STA addresses. Davelle Morrison is the president of Licensed Short Term Accommodators PEC, which represents over 190 members and 500-plus bedrooms in the County. She referred to the releasing of the map as the perfect storm. “People have been living under lockdown for more than a year. People are angry. You can see all the vitriol and fights happening on social media. People are not in a good space. Adding fuel to the fire means allowing the demands of a few angry people to determine municipal policy,” said Morrison. “I do feel there is an increased risk to owners from publishing addresses publicly. There is an increased risk of harassment to their guests. I also believe we are giving the vandals and the thieves a shopping list to go vandalize homes in the off season,” she added. Morrison also noted that this policy could cause those owners who are currently unlicensed to stay “underground”.

Councilor Bill Roberts found it difficult to accept Morrison’s argument. He explained that County staff reached out to STA offices in other municipalities that currently publicly display a map of STAs. “The problem I am having is I know that our staff reached out to STA offices in places like Hunstsville and Niagara on the Lake, and both of those municipalities publish regularly updated lists of licensed STAs. We were told there has been none of these threats or harassments or incidents you are referring to in either of these jurisdictions,” he said. Morrison explained that the demographics in those areas are much different than the County’s. “Prince Edward County isn’t predominantly vacation homes. You have a lot of locals that live here full time which I think is a very different market than Huntsville,” she said.

Debra Marshall, a two-property STA operator said she also disagrees with the publishing of addresses, stating that her safety is at risk as she is typically alone in her business on any given day or night. “I believe this map is necessary, but only for appropriate use by our bylaw officers and police officers and anybody who is an emergency response person,” she said.

A motion was passed to approve the Short Term Accommodation bylaw that defines and separates the types of STAs. The motion also rescinded and replaced the Municipal Short-Term Accommodation bylaw which allows lifting the STA licensing pause only for bed and breakfast and owner-occupied locations immediately, and extending the pause on whole-home STAs, effective June 22.

Chief Administrative Officer Marcia Wallace told council that the mapping is approximately one month away from being finalized and a report on the subject will come forward to council later in July.