Short-Term Rental Regulations

A principal residence is the dwelling where an individual resides for the majority of the calendar year. To meet the Principal Residence Requirement, a short-term rental must occur only in the property host’s principal residence and in not more than one secondary suite or accessory dwelling unit on the property.

Bill 35 defines two types of “hosts”:

(a) A “property host” means a person who is legally entitled to possession of a property where short-term rental accommodation services are provided, and who has responsibility for arranging for the short-term rental offer.

(b) A “supplier host” can be the property host, and the following persons, if applicable:

• (i) a person who, acting on behalf of, under the direction of or as agent of the property host, has responsibility for arranging for the short-term rental offer, which may include managing the short‑term rental accommodation services;
• (ii) a prescribed person.

The Province of BC has confirmed that a principal resident can be a long-term tenant and does not have to be the property owner. The information the Province will require to confirm the long-term tenant will come out with the Provincial Registry information in late 2024 or early 2025.

Either the property host or supplier host can be responsible for the short-term rental operation.

Properties previously operating under Legal Non-Conforming status must comply with current short-term rental regulations and cease to operate unless they come into compliance.

Operators failing to comply with the regulations may face fines or other enforcement actions. The District of Tofino will continue to enforce its bylaws. The province will be responsible for enforcing the Principal Residence Requirement.

Yes, operators must obtain a business license from the District of Tofino to legally offer short-term rentals.

As of February 2024, policy staff from the Province confirmed that there will be no Provincial or Federal evaluation of who is collecting the income from the short-term rental.

Yes, all short-term rental operators are required to obtain a District of Tofino business license, regardless of whether the rental is in operation for the entire year or just a portion of it. It's important to note that business licenses are issued on an annual basis and are not adjusted on a pro-rata basis. Therefore, the District of Tofino cannot accommodate requests for partial refunds for periods of non-operation within the license year.

Bill 35 outlines the minimum requirements that must be met to operate a short-term rental in British Columbia. The District of Tofino has bylaws that further restrict operations in most situations. Where the District of Tofino bylaws do not meet the minimum requirements established by the province, the provincial legislation must still be followed.

If you're planning to stay at a short-term rental in Tofino or other communities in British Columbia, it's advisable to keep yourself informed of any changes related to short-term rentals. You can do this by visiting the Province of British Columbia's webpage designed specifically for visitors to BC. (LINK)