Frequently Asked Questions
Why is the program being changed?
Last November, as part of the STA program review, Council received a commissioned study overseen by Dr. David Wachsmuth, a professor of urban planning at McGill University and a leading researcher on the impact of short-term accommodations on municipalities. Dr. Wachsmuth’s study of the PEC STA market showed, among other things, that the STA industry is highly profitable, highly concentrated among top-earners, and that while the industry is not primarily responsible for the COVID-induced price spike of STAs and housing in PEC, STAs are still “an important driver of the medium term affordability issues in the County.”
With this in mind, Council directed staff to issue two reports on several prospective changes to the STA licensing program that the municipality operates: one on March 10, the other on May 12. Staff has recommended the above-proposed changes in order to preserve and protect the County’s present and future supply of long-term housing, while balancing that against the interests of the STA industry and other businesses that depend on it.
What is the County doing about grandfathered STAs?
“Grandfathering”, or “legal non-conforming”, status is protected under the provincial Planning Act, and permits property owners who were using their property in a legal manner to continue doing so should that usage become unlawful with a future Zoning By-law change. When the County introduced the STA licensing program, property owners who were previously operating STAs were permitted to continue under the provincial Planning Act, regardless of the restrictions of the municipal Zoning By-Law, as long as they obtained a licence. These owners may still enjoy privileges while holding grandfathered status (e.g. exemption from certain zoning changes, guest occupancy clauses, density requirements, etc.), which may be forfeited if they do not use their property in that manner for an extended period of time.
As grandfathered status is found in the provincial Planning Act, rather than a municipal by-law, the municipality does not have the authority to “change” or “end” the grandfathered status of properties that possess it, though it may impose certain licence requirements upon those properties. Through public consultation, legal opinion, and the series of staff reports prepared in 2022, the municipality is attempting to define which licensing requirements and restrictions can be imposed on grandfathered properties, and which cannot.
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