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Jon Christensen
Guelph Council Record

City Council · March 28, 2023 · Item 5.1

Staff to create a new schedule under the City’s Business Licensing By-law (2009)-18855 to regulate the licensing of short-term rental accommodations that incorporates the recommendations contained…

Main motion under the agenda item Business Licensing – Short-Term Rental Accommodations, 2023-70

Carried (11 to 0)

11 in favour, 0 against — unanimous

What was voted on

The motion in its exact words, as recorded in the minutes.

That staff be directed to create a new schedule under the City’s Business Licensing By-law (2009)-18855 to regulate the licensing of short-term rental accommodations that incorporates the recommendations contained within this report.

Moved by Councillor Downer, seconded by Councillor Allt.

How the room voted

In favour (11)

  • Allt
  • Billings
  • Busuttil
  • Caton
  • Chew
  • Downer
  • Goller
  • Guthrie
  • Klassen
  • O'Rourke
  • Richardson

Who spoke to it

The following delegate spoke: Morgan Dandie. A Point of Privilege was raised by Councillor Allt in regards to alternative points of view of various members of council.  Mayor Guthrie deemed that this was not a Point of Privilege.

What council was given

The staff reports and correspondence attached to this item. The summaries are written automatically, so you can tell what a document is without opening a ninety-page PDF.

A summary is this site’s description of a document, not the City’s. Open the document before relying on one.

What was said

1,396 words from the meeting recording, transcribed automatically. Times are from the start of the recording.

Read the debate(click to open)

6:28Morgan dandy is here. And so I'd like to invite you up Morgan and you have up to five minutes you've been here before so I'll start my clock whenever you start and we'll go from there. Thank you.

6:55I'm here, counselors. I'm here today to support the staff recommendation that counsel direct them to create a new schedule under the city's business license bylaw licensing bylaw 2009 dash 1885 to regulate the licensing of short term rental accommodations before

7:12accommodations before Council today.

7:15Online short-term rental platforms have afforded homeowners an opportunity to make extra money

7:20by hosting gas for short stays in their home and has been a disruptor in our hospitality

7:25industry since 2009 when Airbnb launched in Canada.

7:31I'm grateful Guelph is set to regulate this business model, which is dependent upon the

7:36commodification of our homes.

7:39The fact there is a housing crisis in Ontario has been predominant in the news, including

7:42here in Guelph and even in this chamber as is evidenced by the Mayor's Poverty Tax

7:46Force.

7:47The 2001 census data shows Guelph has a population of almost 144,000.

7:54The 2001 point in time by name list has approximately 250 of those Guelph fights identified as experiencing

8:02homelessness in October 20, 2021, including 40 individuals under the age of 25, with half

8:09of those being minors under 16.

8:13On February 16, 2023, Guelph today reported that our city is the ninth most expensive city

8:21in all of Canada to rent a one bedroom apartment.

8:26And the staff report identified 169 unique short term rental accommodation listings in

8:32Guelph on various online platforms.

8:36Given this information, I was aghast when I heard Councillor Gibson seem to state that

8:40people who have commodified housing as their retirement planning tool would potentially

8:45suffer monetary loss if they couldn't have three or four or even five short term rental

8:52properties in the city.

8:54I find it incomprehensible that any elected official would seemingly ignore the major

8:59housing crisis where people are living in tents, in the bush, in subzero temperatures

9:06to advocate for retirement plans, especially since there is no restriction on how many

9:13long term rental properties anyone individual can have.

9:18After hearing that Councillor Gibson might entertain putting forward an amendment to

9:21increase the number of dedicated short term rentals permitted under each license, I did

9:26some research on similar licensing bylaws in Ontario.

9:30A quick Google search afforded me multiple municipalities of which I reviewed 14.

9:35I chose some that I know are comparators for Guelph as well as some of my favorite cottage

9:40country areas.

9:42Every municipality I reviewed had a restriction on the number of short term rentals permitted

9:48per license.

9:49Every municipality had the requirement that the licensee must have their primary residence

9:55as the licensed property.

9:57Many municipalities are limited to primary residence only.

10:01Some allow a second property.

10:03Some require the online platform to be licensed.

10:06Some have a demerit system.

10:08A few have a limited number of days per year and a couple have a $5 million insurance requirement.

10:15Number five in the report lists the comparator municipalities and was available to councillors

10:21as well as the public in advance of committee of the whole, which leaves me unsure why any

10:26councillor would postulate more than one additional property per licensee.

10:31While I was confused by the somewhat different answers provided to Councillor Goller and

10:36Mayor Guthrie when they each asked essentially the same question, I believe I have it correct

10:42that in the proposed schedule to be added to the city's business licensing bylaw, an

10:46individual licensee must have their primary residence as the location for a short term

10:51rental, be it a room in their home, a basement unit or an accessory dwelling.

10:56And there's an opportunity for a second property that is a dedicated short term rental accommodation.

11:02As a few councillors have stated, I believe the proposed schedule strikes an inappropriate

11:06balance for our residents seeking long term homes and for visitors wanting to stay in

11:12our beautiful city.

11:14Today, I look forward to a unanimous vote of council on this made-in-glove bylaw to

11:20bring us in line with other municipalities regarding short term rental accommodations.

11:26Thank you.

11:27Great.

11:28Thanks for your time, Councillor Allt, please.

11:30Thank you, Mayor Guthrie.

11:31I think that's more of a point of privilege, I suppose.

11:36I believe that Councillor Gibson is not here today.

11:40And Ms. Handy, Ms. Sandy, sorry, I apologize for that too.

11:47I'm just a question for you.

11:50You're not implying that Councillor Gibson could not have an alternative point of view,

11:55although I would not support an amendment of the type that you suggested he would propose.

12:01Because he's not here, I think it is incumbent that we recognize that all points of view

12:06are important at council and that they're important for democracy and especially municipal

12:11democracy to thrive.

12:13And if you want to comment on that, I'm fine, but I think because he's not here, we do need

12:17to provide some balance to the comments.

12:21And through the Mayor to Councillor Allt, sorry.

12:24No, no, it's okay.

12:25It's okay.

12:26Just because you mentioned like a point of privilege, I have to respond as the Chair

12:30to that formal.

12:31I don't know.

12:32So I'm going to say that there's no need to respond.

12:35It's okay.

12:36I don't find it a point of personal privilege at all.

12:40Just as Councillor Gibson has the right to say something, or as any of us do, so does

12:46our delegate as well.

12:47In a counterpoint to any of our opinions at all, I did not find it disrespectful in any

12:54way that the delegate came forward.

12:56It was just a different viewpoint.

12:57Just as you pointed out, they're all welcome here.

12:59So is there any questions at all though for the delegate?

13:03Okay.

13:04I don't hear or see anything.

13:05So thank you very much for coming.

13:09Councillor Downer, please.

13:13So first, Mr. Mayor, I'd be happy to move this.

13:17And then I go, Councillor Allt for seconding it.

13:20Go ahead.

13:21And then I just have two questions that have come up in the last month since we did this.

13:26So and one was around, Mr. Mayor, to Mr. Godfrey, one was around enforcement.

13:32How are we going to, I mean, particularly since the fire in Montreal, which was previously

13:38mentioned, how are we going to enforce this and ensure that the ones that are in Guelph

13:45are licensed?

13:46Through you, Mayor Godfrey, to Councillor Downer, enforcement would be both complaint-based

13:55or reactive and proactive.

13:59The company that we utilize to originally determine the number of listings within Guelph

14:05would be called upon to provide that information on a routine basis.

14:09And then staff would compare that list to ensure those that are licensed and if not follow

14:13up through education and enforcement.

14:16That's great.

14:17Thank you.

14:18So the second question is, so I've heard a rumor that some landlords, like one of the

14:26reasons we're doing this is to also the restrictions and regulations within it are to protect our

14:32long-term rental stock.

14:35But I've heard a rumor and I'm hearing that some landlords use the short-term rental to

14:42get around the landlord tenant board.

14:44So they rent by month 30 days and therefore it's under short-term rental and therefore

14:51they don't need to ever, they can evict as they will, as they wish.

14:56Right?

14:57So have you heard of that happening in Guelph or are you familiar with that?

15:00Through you, Mayor Godfrey, to Councillor Downer, yes, we've heard that utilizing a

15:08short-term rental for a long-term rental property as a means to circumvent some of

15:14the requirements in the landlord and tenant, specifically notice and that information that

15:23discussion was brought up during our engagement process.

15:29And will, do we have, in our regulations, will this be able to deter that activity?

15:38Through this?

15:39Through you, Mayor Godfrey, to Councillor Downer, there's always possibility for abuse,

15:46but the intent of the regulations is to limit or deter it, yes.

15:51Okay.

15:52That's great.

15:53Thank you.

15:54So I'm, I'm finished with the question.

15:56Thank you.

15:59All right.

16:00Is there anything further before I call the vote?

16:02All right.

16:03I'll call the vote then.

16:04Anyone against?

16:05All right.

16:08That's unanimous.

16:09Thank you so much.

16:10Moving right along, we have the bylaws, I believe, yes.

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