Toronto Municipal Code Chapter 547, Licensing and Registration of Short-Term Rentals — full text

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TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-1 January 1, 2025 Chapter 547 LICENSING AND REGISTRATION OF SHORT-TERM RENTALS ARTICLE 1 General Provisions § 547-1.1. Definitions. § 547-1.2. Requirement for company licence and operator registration. § 547-1.3. Prohibition on and removal of advertising related to unregistered operators. § 547-1.4. Registration number to be included on short-term rental documents. § 547-1.5. General provisions applicable to all companies and operators. ARTICLE 2 Licensing and Registration § 547-2.1. General issuance provisions. § 547-2.2. Term and renewal of licences and registrations. § 547-2.3. Requirement to report changes to information or breach of screening criteria. § 547-2.4. Procedure to apply for a licence or its renewal. § 547-2.5. Referral of licence to Toronto Licensing Tribunal. § 547-2.6. Toronto Licensing Tribunal hearings and authority. § 547-2.7. Revocation of licence for technical or clerical error. § 547-2.8. Procedure to apply for a registration or its renewal. § 547-2.9. Revocation of a registration for reasonable grounds. § 547-2.10. Refusal and revocation processes to be completed in writing. § 547-2.11. Revocation of registration for technical error. § 547-2.12. Grounds and administrative criteria for denial of a licence or registration. § 547-2.13. Authority to suspend a licence or registration for immediate danger. ARTICLE 3 Short-term Rental Companies § 547-3.1. Licence application and renewal requirements. § 547-3.2. Operator consent to pass-through registration. § 547-3.3. Records to be kept and remitted by companies. TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-2 January 1, 2025 § 547-3.4. Creation and use of law enforcement accounts. § 547-3.5. Prohibition on arbitration clauses. § 547-3.6. Publication of complaint procedures. § 547-3.7. Communications regarding short-term rental by-law. ARTICLE 4 Short-term Rental Operators § 547-4.1. Registration application and renewal requirements. § 547-4.2. Principal residence requirements. § 547-4.3. Issuance and posting of operator registration numbers. § 547-4.4. Operator to provide guests with emergency information. § 547-4.5. Records to be kept by operators. ARTICLE 5 Inspections, Offences and Guidelines § 547-5.1. Municipal Licensing and Standards audit and investigative authority. § 547-5.2. Municipal Licensing and Standards authority to inspect premises and items. § 547-5.3. Offences. § 547-5.4. Interpretation bulletins. § 547-5.5. Administrative provisions. [History: Adopted by the Council of the City of Toronto May 24, 2018, by By-law 613-20181.] General References City of Toronto Act, 2006 - See S.O. 2006, c. 11, Sched. A Human Rights Code - See R.S.O. 1990, c. H.19. Licensing - See Chapter 545 Taxation, Municipal Accommodation Tax - See Chapter 758 ARTICLE 1 General Provisions § 547-1.1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DWELLING UNIT - 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 1Editor's Note: By-law 613-2018 was to come into force the later of June 1, 2018, or the date that any zoning by-law amendments to permit short-term rentals as set out in By-law 1452-2017 or By-law 1453-2017 comes into effect. By-laws 1452-2017 and 1453-2017 came into effect on November 18, 2019. Consequently, By-law 613-2018 also came into effect on November 18, 2019. TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-3 January 1, 2025 purposes of this Chapter, a secondary suite, laneway suite, garden suite, or similar accommodation. [Added 2024-05-23 by By-law 503-20242] ENTIRE-UNIT RENTAL - A short-term rental in which renters occupy the entire dwelling unit or all the bed-sitting rooms within a dwelling unit. [Amended 2024-05-23 by By-law 503- 20243] EXECUTIVE DIRECTOR - The Executive Director of the Municipal Licensing and Standards Division or designate. INDIVIDUAL PERSON - A natural person. MUNICIPAL LICENSING AND STANDARDS - The Municipal Licensing and Standards Division of the City of Toronto, including its employees. OPERATOR - Any person who operates a short-term rental. PARTIAL-UNIT RENTAL - A short-term rental in which the renter occupies part of a dwelling unit. PERSON - Includes an individual person, a partnership, or a corporation to which the context can apply. PRINCIPAL RESIDENCE - The dwelling unit where an operator ordinarily resides. For clarity, an operator's principal residence shall not include more than one dwelling unit. [Amended 2024- 05-23 by By-law 503-20244] RESERVATION - A commitment between a short-term rental operator and a person that a short-term rental will be available for the person's use for a specified period of time; a booking. SCREENING CRITERIA - Criteria established by the Executive Director under her or his authority to establish guidelines and standards applicable to the issuance and renewal of all registrations under this chapter, as published by Municipal Licensing and Standards. SHORT-TERM RENTAL - [Amended 2024-05-23 by By-law 503-20245] A. All or part of a dwelling unit, including a bed and breakfast, used to provide living accommodation for a rental period of less than 28 consecutive days in exchange for payment. B. This definition does not include a hotel, a motel, or a dwelling unit normally used as a student residence that is owned or operated by a publicly funded or not-for-profit educational institution. 2 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 3 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 4 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 5 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-4 January 1, 2025 SHORT-TERM RENTAL COMPANY - A. Any person who facilitates or brokers short-term rental reservations via the internet and who: (1) Receives payment, compensation, or any financial benefit due to, as a result of, or in connection with a person making or completing reservations of those short-term rentals; or (2) Collects, accesses, or holds information on the number of nights that reservations of those short-term rentals are made or completed. B. This definition does not apply to a person who facilitates or brokers reservations for a short-term rental that is the principal residence of that person or her or his immediate family. C. In this definition "person" includes multiple persons who, acting together, 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, and such may be held jointly and severally responsible for each other's actions. § 547-1.2. Requirement for company licence and operator registration. A. No person shall carry on the business of a short-term rental company unless they have obtained a licence to do so from Municipal Licensing and Standards. B. No person shall carry on the business of a short-term rental operator unless they have registered as such with Municipal Licensing and Standards. § 547-1.3. Advertising requirements and operator verification. [Amended 2021-07-16 by By-law 693-2021; 2024-05-23 by By-law 503-20246] A. No person shall advertise, facilitate the advertising or rental of, or broker a short-term rental unless: (1) Its operator is registered under this chapter; (2) Its operator has provided and maintains an account with the person using the full name, address, and registration number listed on their registration under this chapter; and (3) The main page of any advertisement related to the short-term rental prominently displays the registration number listed on the operator's registration under this chapter. B. Without limiting Subsection A, every person who advertises, facilitates the advertising or rental of, or brokers a short-term rental shall verify, at each instance when such services are provided, that the operator meets the requirements listed in Subsection A, which 6 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-5 January 1, 2025 verification shall be completed in a manner prescribed by the Executive Director and by reference to a register of short-term rental operators maintained by Municipal Licensing and Standards. C. No short-term rental company shall advertise, facilitate the advertising or rental of, or broker the rental of a hotel or motel property on its platform unless the hotel or motel is listed in a register maintained by Municipal Licensing and Standards. D. Without limiting Subsections A, B, and C, a person shall remove an advertisement that does not comply with this section within 24 hours of being requested to do so by Municipal Licensing and Standards. E. Where a person removes an advertisement for non-compliance with this section or under Subsection D, the person shall immediately cancel all future reservations made with respect to that short-term rental. § 547-1.4. Registration number to be included on short-term rental documents. Every person who issues an invoice, contract, receipt, or similar document related to a short-term rental shall ensure that such document includes the operator's registration number. § 547-1.5. General provisions applicable to all companies and operators. A. No person required to be licensed or registered under this chapter shall discriminate against any member of the public in the carrying on of the business on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability in contravention of the Human Rights Code. B. No person required to be licensed or registered under this chapter shall, in respect of any person with a disability being accompanied by a service animal, by reason only of the presence of the service animal: (1) Refuse to serve the person; (2) Refuse to permit the person and service animal to enter any place, premises, vehicle or thing to which the licence relates; or (3) Refuse to permit the person and service animal to remain in or upon such place, premises, vehicle or thing. C. Threats or reprisals. (1) For the purposes of this section, "any action by way of threat or reprisal" means: (a) Terminating or purporting to terminate any employment or other business relationship governed by the provisions of this chapter; and (b) Causing or purporting to cause pecuniary harm in respect of any business governed by the provisions of this chapter. TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-6 January 1, 2025 (2) No person required to be licensed or registered under this chapter shall take any action by way of threat or reprisal against any other person licensed or registered under this chapter by reason only of such person's participation in proceedings instituted under this chapter or participation in the exercise of City Council's authority to enact by-laws to license, regulate, and govern businesses in Toronto. (3) No person required to be licensed or registered under this chapter shall, in respect of the business carried on by such person, take any action by way of threat or reprisal against any other person licensed or registered under this chapter. ARTICLE 2 Licensing and Registration § 547-2.1. General issuance provisions. A. Notwithstanding any decision of or statement by the Toronto Licensing Tribunal, the Executive Director, or Municipal Licensing and Standards, no person shall be licensed or registered to carry on a business until he or she has paid all applicable fees in respect of such licence or registration and has received the physical licence, registration number, or other evidence of the licence or registration provided for in this chapter. B. No person shall enjoy a right in the continuance of a licence or registration and at all times the value of a licence or registration shall be the property of the City. C. No licence or registration issued under this chapter shall be sold or transferred. D. No person licensed under this chapter shall advertise, promote, or carry on business under any name other than that endorsed upon that person's licence. E. A registration issued under this chapter is valid only for the address or dwelling unit to which it pertains and no person registered under this chapter shall advertise, promote, or carry on business at any address or dwelling unit other than that endorsed on their registration. [Added 2024-05-23 by By-law 503-20247] § 547-2.2. Term and renewal of licences and registrations.[Amended 2021-05-06 by By-law 396-2021; 2024-05-23 by By-law 503-2024] A. A licence or registration issued under this chapter shall be valid for one year and shall be renewed on the anniversary of the date upon which it was first issued. B. Where a person holding a licence or registration issued under this chapter fails to apply for the renewal of their licence or registration by the date required in Subsection A, the person shall pay a late renewal administration fee in addition to all other applicable fees. C. Where a person holding a licence or registration issued under this chapter fails to renew it within 90 days of the renewal date, it shall be cancelled and the person shall be required to apply for a new licence or registration under this chapter and pay all applicable fees. 7 Editor's Note: This section of By-law 503-2024 came into force on September 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-7 January 1, 2025 D. Reserved.8 § 547-2.3. Requirement to report changes to information or breach of screening criteria. A. If any information that a licensee or registrant provided to Municipal Licensing and Standards as part of their application for a licence, registration, or its renewal changes, that person shall notify Municipal Licensing and Standards of such change within six days in a manner prescribed by the Executive Director. B. Where any licensee or registrant, or where the licensee is a corporation or partnership, any officer or director of the corporation or partner in the partnership, in the course of the tenure of the licence or registration ceases to comply with the screening criteria, that person shall immediately advise Municipal Licensing and Standards of the nature and extent of the violation. C. Failure to provide the notice referred to in Subsection B may independently result in the suspension of the applicable licence or registration. § 547-2.4. Procedure to apply for a licence or its renewal. A. On an application for a licence, or its renewal, a person authorized to bind the applicant shall complete the approved forms and provide to Municipal Licensing and Standards such information as the Executive Director may require, together with all applicable fees. B. Where the business of a short-term rental company is carried on by multiple persons, the licence may be issued to the applicant only, but, those persons shall be required to provide their names and addresses, and shall be required to acknowledge that they may be held jointly and severally responsible for each other's actions regarding the business. C. Municipal Licensing and Standards shall, upon receipt of an application for a licence, or its renewal, investigate as necessary with respect to the application and shall: (1) If there are reasonable grounds to believe that the applicant may not be entitled to the issuance or renewal of a licence based on § 547-2.12, or any other provision of this chapter, send notice of this fact to the applicant; or (2) Subject to the provisions of this chapter, issue or renew the licence. D. A notice sent in accordance with Subsection C(1) shall state that the applicant may, within 30 days of the date of the notice, request a hearing of the application before the Toronto Licensing Tribunal by delivering a written request to Municipal Licensing and Standards; if no such request is delivered, Municipal Licensing and Standards may deny the application. E. Where Municipal Licensing and Standards receives a hearing request in accordance with Subsection D, the application shall be referred promptly to the Toronto Licensing Tribunal for a hearing. 8 Editor's Note: Subsection D was deleted May 23, 2024, by By-law 503-2024. TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-8 January 1, 2025 F. If an applicant has applied for renewal of a licence and has remitted all applicable fees, the licence shall be deemed to continue: (1) Until the renewal is granted; or (2) Until the time for requesting a hearing under this section has expired or, where a hearing has been requested, until the Toronto Licensing Tribunal has disposed of the application. § 547-2.5. Referral of licence to Toronto Licensing Tribunal. At any time, Municipal Licensing and Standards may refer any matter in respect of which a licence may be refused, suspended, revoked, or have conditions imposed on it under this chapter to the Toronto Licensing Tribunal for a hearing. § 547-2.6. Toronto Licensing Tribunal hearings and authority. The Toronto Licensing Tribunal shall operate in accordance with the mandate and procedures and have the authority set out in Chapter 545, Licensing. § 547-2.7. Revocation of licence for technical or clerical error. At any time, the Executive Director may revoke a licence if it was issued due to a technological or clerical error. § 547-2.8. Procedure to apply for a registration or its renewal. A. On an application for a registration, or its renewal, a person authorized to bind the applicant shall complete the approved forms and provide to Municipal Licensing and Standards such information as the Executive Director may require, together with all applicable fees. B. Municipal Licensing and Standards shall, upon receipt of an application for a registration, or its renewal, investigate as necessary with respect to the application and shall: (1) If there are reasonable grounds to believe that the applicant may not be entitled to the issuance or renewal of a registration based on § 547-2.12, or any other provision of this chapter, send notice of this fact to the applicant; or (2) Subject to the provisions of this chapter, issue or renew the registration. C. A notice sent in accordance with Subsection B(1) shall state that the applicant may, within 10 days of the date of the notice, deliver a written response to Municipal Licensing and Standards; if no such response is delivered, Municipal Licensing and Standards may deny the application. D. Where Municipal Licensing and Standards receives a response in accordance with Subsection C, it shall review the response and send written notice of its final decision to the operator. TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-9 January 1, 2025 E. If an applicant has applied for renewal of a registration and has remitted all applicable fees, the registration shall be deemed to continue: (1) Until the renewal is granted; or (2) Until the time for delivering a response under this section has expired or, where a response has been delivered, until Municipal Licensing and Standards has disposed of the application. § 547-2.9. Revocation of a registration for reasonable grounds. [Amended 2024-05-23 by By-law 503-20249] A. At any time, where there are reasonable grounds to believe that an operator is or should not be entitled to a registration based on § 547-2.12, or any other provision of this chapter, Municipal Licensing and Standards may send the operator written notice of its intent to revoke the operator's registration. B. A notice sent in accordance with Subsection A shall state that the operator may deliver, within 10 days of the date of the notice, a written response to Municipal Licensing and Standards; if no such response is delivered, Municipal Licensing and Standards may revoke the registration. C. Where Municipal Licensing and Standards receives a response in accordance with Subsection B, the Executive Director or their designate shall review the response and send the operator written notice of their decision, which decision shall be final and subject to no further appeal or review. D. If an operator has applied for the renewal of a registration and has remitted all applicable fees, their registration shall be deemed to continue: (1) Until the renewal is granted; or (2) Until the time for delivering a response under this section has expired or, where a response has been delivered, until the Executive Director has disposed of the matter. E. Reserved.10 § 547-2.10. Refusal and revocation processes to be completed in writing. A. Any response delivered, review conducted, or decision made under § 547-2.8 and 547-2.9 shall be completed in writing in a manner prescribed by the Executive Director. B. Despite Subsection A, if an operator requests and the Executive Director determines that there is good reason in the circumstances to hold an oral or electronic hearing, the 9 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 10 Editor's Note: Subsection E was deleted June 30, 2024, by By-law 503-2024. TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-10 January 1, 2025 Executive Director shall establish a procedure for the hearing and designate a hearing officer or officers to determine whether the registration should be granted or revoked. § 547-2.11. Revocation of registration for technical error. A. At any time, the Executive Director may revoke a registration if it was issued or renewed due to a technological or clerical error. B. Despite § 547-2.12D, the revocation of a registration under this section shall not preclude the operator from reapplying for a registration at any time. § 547-2.12. Grounds and administrative criteria for denial of a licence or registration. A. The holder of or applicant for a licence or registration, or its renewal, is, subject to the provisions of this chapter, entitled to the licence, registration, or renewal, except where: (1) The conduct of the applicant affords reasonable grounds to believe that the applicant has not carried on, or will not carry on, the business in accordance with law and with integrity and honesty; or (2) There are reasonable grounds to believe that the carrying on of the business by the applicant has resulted, or will result, in a breach of this chapter, a zoning by-law or any other law; or (3) The applicant is a corporation and its conduct or the conduct of its officers, directors, employees, or agents affords reasonable grounds to believe that its business has not been, or will not be, carried on in accordance with law and with integrity and honesty; or (4) There are reasonable grounds to believe that the premises, advertising, or platform in respect of which the licence is required have not complied, or will not comply, with the provisions of this chapter, a zoning by-law, or any other law; or (5) The conduct of the applicant or other circumstances afford reasonable grounds to believe that the carrying on of the business by the applicant has infringed, or would infringe, the rights of other members of the public, or has endangered, or would endanger, their health or safety. B. Where an applicant for a licence or its renewal is a corporation or a partnership, Subsection A shall apply to any of the officers or directors of the corporation or partners in the partnership. C. In addition to the grounds set out in Subsection A, in the case of an application for a registration, a person shall not be entitled to hold and Municipal Licensing and Standards shall refuse to issue or renew a registration where the applicant does not meet the screening criteria. D. In addition to the grounds set out in Subsection A, a person shall not be entitled to apply for or hold a registration, and Municipal Licensing and Standards shall refuse to issue or TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-11 January 1, 2025 renew a registration where, in the year prior to the date of the application: [Amended 2024-05-23 by By-law 503-202411] (1) The person has applied for and been finally refused a registration; (2) The person has had their registration finally revoked; or (3) A registration related to the dwelling unit for which the person seeks a registration was cancelled or revoked, unless the person can demonstrate to the satisfaction of Municipal Licensing and Standards that the dwelling unit has since been sold. § 547-2.13. Authority to suspend a licence or registration for immediate danger. A. If the Executive Director is satisfied that the continuation of any activity licenced or registered under this chapter poses an immediate danger to the health or safety of any person or property, the Executive Director may suspend the licence or registration without a hearing on conditions he or she considers appropriate, subject to the following: (1) Before suspending the licence or registration, the Executive Director shall provide the licensee or registrant with reasons for the suspension, either orally or in writing, and an opportunity to respond to them; and (2) The suspension shall not exceed 14 days. ARTICLE 3 Short-term Rental Companies § 547-3.1. Licence application and renewal requirements. A. To apply for a short-term rental company licence or its renewal, an applicant shall submit to Municipal Licensing and Standards the information required by this chapter, together with all applicable fees and in compliance with § 547-2.4. B. An application for a short-term rental company licence shall be in a form approved by the Executive Director and require the applicant to provide: (1) The company's registered business address in Ontario; (2) The name, phone number, and e-mail address of a person responsible for responding to all communications from Municipal Licensing and Standards; (3) Details of the process by which the company will remove advertisements for a short-term rental if its operator has not registered as such with Municipal Licensing and Standards; (4) Details of the company's procedure for dealing with problem operators and responding to complaints; and 11 Editor's Note: This section of By-law 503-2024 came into force on September 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-12 January 1, 2025 (5) Any other information or documents required by the Executive Director. C. An applicant for a short-term rental company licence shall, prior to being issued a licence, execute an agreement with the City governing the use, retention, and disclosure of operator and guest information on terms satisfactory to the Executive Director. § 547-3.2. Operator consent to pass-through registration. Any short-term rental company that facilitates the process of an operator applying to Municipal Licensing and Standards for registration under this chapter shall obtain the prior consent of the operator to the collection, use, and potential disclosure of the operator's personal information to and by the City for the purpose of the administration of this chapter and the administration and enforcement of Chapter 758, Taxation, Municipal Accommodation Tax, which consent shall be in a form satisfactory to the Executive Director. § 547-3.3. Records to be kept and remitted by companies. [Amended 2024-05-23 by By-law 503-202412] A. Every short-term rental company shall keep a record of each concluded transaction in relation to a short-term rental listed or advertised on its platform for three years following the last day of the rental period. A transaction is concluded on the last day of the rental period. The records retained shall include the following: (1) The full name, address, and registration number of the operator, as listed on the corresponding operator's registration issued under this Chapter; (2) The number of nights the short-term rental was rented; (3) The nightly and total price charged for the short term rental; (4) Whether the rental was an entire-unit rental or partial-unit rental; and (5) Any other information required by the Executive Director. B. Every short-term rental company shall keep a record of the number of short-term rental listings or advertisements it removes from its platform in accordance with § 547-1.3. C. Every short-term rental company shall provide the records referred to in this section to Municipal Licensing and Standards in a format and on a schedule to be determined by the Executive Director. § 547-3.4. Creation and use of law enforcement accounts. A. Every short-term rental company shall create operator and guest accounts on its platforms as requested by Municipal Licensing and Standards, to be used to investigate compliance with this chapter. 12 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-13 January 1, 2025 B. No short-term rental company shall obstruct, in any manner, access to any accounts established for use by Municipal Licensing and Standards to investigate compliance with this chapter. § 547-3.5. Prohibition on arbitration clauses. A. No short-term rental company shall impose a mandatory arbitration clause on any individual, including an operator or guest, using the company or its services to advertise, facilitate, or broker short-term rentals or require that the law of any jurisdiction other than Ontario be applied in relation to use of the company or its services in Toronto. B. To the extent that clauses contrary to Subsection A are included in any agreement made by a short-term rental company, such clauses are unenforceable. § 547-3.6. Publication of complaint procedures. Every short-term rental company shall maintain and make publicly available its procedure for dealing with complaints it receives about nuisances, criminal activity, and or contraventions of federal, provincial or municipal law related to a short-term rental. § 547-3.7. Communications regarding short-term rental by-law. Every short-term rental company shall convey any communications issued by Municipal Licensing and Standards that relate to the requirements of this chapter to all operators listing or advertising their short-term rental with the company in a format and manner prescribed by the Executive Director. ARTICLE 4 Short-term Rental Operators § 547-4. Registration eligibility criteria. [Added 2024-05-23 by By-law 503-202413] A person shall not be entitled to apply for or hold a registration and Municipal Licensing and Standards shall refuse to issue or renew a registration where: A. They are not an individual person of at least 18 years of age; B. They hold another registration under this chapter; C. They are a multi-tenant house operator, as defined in Chapter 575, applying for a registration related to the multi-tenant house they operate; 13 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-14 January 1, 2025 D. They are applying for a registration related to a dwelling unit in respect of which another operator holds a registration, unless the applicant has held a registration related to the dwelling unit for the longest continuous period. § 547-4.1. Registration application and renewal requirements. [Amended 2024-05-23 by By-law 503-202414] A. To apply for an operator's registration or its renewal, an applicant shall submit to Municipal Licensing and Standards the information required by this chapter, together with all applicable fees and in compliance with § 547-2.4. B. An application for an operator's registration shall be in a form approved by Municipal Licensing and Standards and require the applicant to provide: (1) The operator's name, phone number, and e-mail address; (2) The address of the operator's short-term rental; (3) A description of what parts of the property will be used for short-term rental; (4) A description of the type of building in which the short-term rental is located; (5) The name and telephone number of an emergency contact person who will be available 24 hours a day during rental periods; (6) Government-issued identification that is satisfactory to Municipal Licensing and Standards to demonstrate the short-term rental is the operator's principal residence; (6.1) Upon request by Municipal Licensing and Standards, at least two additional documents that are satisfactory to Municipal Licensing and Standards to demonstrate that the short-term rental is the operator's principal residence; and (7) Any other information or documents required by Municipal Licensing and Standards. C. An application for the renewal of an operator's registration shall be in the form approved by Municipal Licensing and Standards and shall require the applicant to specify the number of nights the property was used as a short-term rental in the previous year. D. Upon request by Municipal Licensing and Standards, the applicant for an operator's registration or its renewal shall attend an in-person interview, at a time and place designated by Municipal Licensing and Standards, and provide such information or documents as Municipal Licensing and Standards may require to evaluate the applicant's eligibility for an operator's registration. 14 Editor's Note: This section of By-law 503-2024 came into force on September 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-15 January 1, 2025 § 547-4.1.1. Entire-unit and partial-unit rentals. [Added 2024-05-23 by By-law 503-202415] A. On an application for a registration or its renewal, the applicant shall indicate if they intend to operate an entire-unit or partial-unit rental. B. Where Municipal Licensing and Standards issues or renews a registration, the registration shall be restricted to either entire-unit or partial-unit rentals for its entire term. C. No operator who holds a registration to operate a partial-unit rental shall advertise or rent a property as an entire-unit rental. D. No operator who holds a registration to operate an entire-unit rental shall rent a property for more than 180 nights per calendar year, regardless of whether the property is rented as an entire-unit or partial-unit rental. § 547-4.2. Principal residence requirements. [Amended 2024-05-23 by By-law 503-202416] A. For the purposes of this chapter, an operator shall be deemed to have only one principal residence at any time. B. No operator shall rent or advertise a property for short-term rental unless it is the operator's principal residence at that time. C. Every operator shall, within 10 days of being requested to do so by Municipal Licensing and Standards, provide evidence that is satisfactory to the Executive Director that the property the operator has registered for use as a short-term rental is the operator's principal residence. § 547-4.3. Issuance and posting of operator registration numbers. A. All registrations under this chapter shall be issued a unique number. B. Every person shall ensure that any advertisement of a short-term rental displayed by that person or within that person's control includes the corresponding operator's registration number issued under this chapter by Municipal Licensing and Standards. § 547-4.4. Operator to provide guests with emergency information. A. Every operator shall provide to every guest staying in the operator's short-term rental the emergency contact information of a person available during the guest's entire rental period and information regarding the use of the 9-1-1 emergency service. 15 Editor's Note: This section of By-law 503-2024 came into force on January 1, 2025 16 Editor's Note: This section of By-law 503-2024 came into force on January 1, 2025 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-16 January 1, 2025 B. Every operator shall provide to every guest staying in the operator's short-term rental a diagram of all exits from the building in which the rental is located and shall post a physical copy of such information in a conspicuous place within the short-term rental property for the duration of the guest's rental period. [Amended 2024-05-23 by By-law 503-202417] § 547-4.5. Records to be kept by operators. A. Every operator shall keep a record of each concluded transaction related to the operator's short-term rental for three years following the date of the transaction. A transaction is concluded on the last day of the rental period. The records retained shall include the following: (1) The number of nights the short-term rental was rented; (2) The nightly and total price charged for each rental; (3) Whether the rental was an entire-unit rental or partial-unit rental; and (4) Any other information required by the Executive Director. B. Every operator shall provide the information referred to in Subsection A to Municipal Licensing and Standards within 30 days of being requested to do so by Municipal Licensing and Standards. ARTICLE 5 Inspections, Offences and Guidelines § 547-5.1. Municipal Licensing and Standards audit and investigative authority. A. For the purpose of investigating compliance with this chapter, the Executive Director may audit or examine all books and records and any account, voucher, letter, facsimile, and electronic or other document held by a short-term rental company or operator that relates or may relate to information that is or should be in the person's books or records. B. A short-term rental company and operator shall comply with all audit directions given by the Executive Director within the time he or she specifies, including: (1) Giving the Executive Director all reasonable assistance with her or his audit or examination; (2) Answering all questions relating to the audit or examination either orally or, if the Executive Director requires, in writing, on oath, or by statutory declaration; (3) Attending at a premises or place where the business is carried on or any City office for the purposes of giving the Executive Director reasonable assistance and answering questions related to the audit or examination; and 17 Editor's Note: This section of By-law 503-2024 came into force on June 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-17 January 1, 2025 (4) Producing on oath or otherwise all books, letters, accounts, invoices, financial statements, electronic or such other documents as the Executive Director considers necessary to determine compliance with this chapter. § 547-5.2. Municipal Licensing and Standards authority to inspect. [Amended 2024-05-23 by By-law 503-202418] A. Municipal Licensing and Standards or any person authorized by the Executive Director may, at all reasonable times and in accordance with any applicable requirements in the City of Toronto Act, 2006, inspect any premises used for the carrying on of a business in respect of which a person is required to be licensed or registered under this chapter. B. During an inspection under Subsection A, Municipal Licensing and Standards or any person authorized by the Executive Director may: (1) Where the inspection is of a short-term rental, require its operator to attend the inspection and provide documents or things that may be relevant to the inspection; (2) Where the inspection is of a short-term rental company, require a representative of the company to attend the inspection and provide documents or things that may be relevant to the inspection; (3) Inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; and (4) Make examinations or take such tests, samples, or photographs as may be necessary for the purposes of the inspection. C. During an inspection under Subsection A, the operator or representative of the short-term rental company shall comply with all directions given by Municipal Licensing and Standards or any person authorized by the Executive Director and no person shall obstruct the making of such inspection. § 547-5.3. Offences. A. Every person who contravenes any provision of this chapter is guilty of an offence and on conviction is liable to a fine not exceeding $100,000, if no other penalty is provided. B. Where a corporation contravenes any provision of this chapter, every director or officer who commits, assents to, or acquiesces to such contravention is guilty of an offence and, on conviction, is liable to a fine not exceeding $100,000, if no other penalty is provided. C. In addition to any penalty otherwise provided by this chapter, every person convicted of an offence under this chapter is liable to a special fine, in an amount the court deems appropriate to eliminate or reduce the possible economic advantage that the person may 18 Editor's Note: This section of By-law 503-2024 came into force on September 30, 2024 TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-18 January 1, 2025 otherwise receive by contravening this chapter. D. In addition to any penalty otherwise provided by this chapter, every person convicted of an offence under this chapter is liable to a fine not to exceed $10,000 for each day during which the offence continues. § 547-5.4. Interpretation bulletins. A. The Executive Director may, at her or his discretion, issue interpretation bulletins or guidelines on matters relating to this chapter, including its enforcement or application. B. The Executive Director may establish standards and guidelines applicable to the issuance, renewal, or entitlement to all licences or registrations issued under this chapter. C. The Executive Director shall publish all bulletins or guidelines issued under this section. § 547-5.5. Administrative provisions. A. The Executive Director may delegate any authority or function provided for in this chapter to any person designated by the Executive Director. B. All communications relating to this chapter between Municipal Licensing and Standards and an applicant, licensee, or registrant shall be sent via e-mail to the e-mail address most recently provided to Municipal Licensing and Standards as part of the licensing and registration process under this chapter, except where another method is authorized by the Executive Director. C. Any e-mail sent in accordance with Subsection B shall be deemed for the purposes of this chapter to have been received by the addressee on the day it is sent. D. All records and information that must be maintained by a short-term rental company or operator or that may be audited, examined, or collected by Municipal Licensing and Standards under this chapter are deemed to be collected and properly used for the purposes of administering and enforcing Chapter 758, Taxation, Municipal Accommodation Tax.