Montreal Short-term Rental Regulations in 2023
Before you read, please note that:
StayPro is a full service property management platform that updates video reports for each turnover, and shares them with Airbnb hosts via an integrated user system. Regular video evidence of your property will ensure that you can document the changing condition of your property without ever needing to be on scene.
Not to mention that StayPro’s services ensure a safe and contactless check-in process for guests and housekeepers. For hosts, no management work is required, so you can get income effortlessly.
Our professional short-term rental experts train the housekeepers to perform quality cleaning & pay attention to details. On top of that, StayPro also sets-up a full protocol to guarantee smooth turnovers and more revenue.
You can skip shopping for a massive amount of spare beddings, shampoos, smart-home devices and towels & save more by simply renting every utility from StayPro! StayPro clients can manage item rental options and restocking amenities on their personal user system.
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Current Short-term Renaal Law in Quebec
Quebec law dictates that any cottage, apartment or house rented for a period of 31 days or less must possess an official classification certificate. That sounds easy enough, but it is more complicated than it should be, because the certificates are difficult to obtain. For this reason, many Airbnb hosts in Quebec have stayed away from short-term renting.
However, this is all changing.
The New Bill 67 and What it Means for Quebecois Landlords
As of March 25, 2023, Quebecers will be able to short-term rent their main residence without any municipal regulation being able to restrict them to a defined geographical area of territory.:
This change is brought about by Bill 67 which was published in 2021, but whose clauses relating to short-term rentals won’t come into effect until the new year.
According to the bill, it “amends the Act respecting tourist accommodation establishments to define the notion of “tourist”, to specify the cases in which the Minister of Tourism may or must refuse to issue a classification certificate or suspend or cancel a certificate, and to allow the Minister to delegate the Minister’s responsibilities as regards the suspension and cancellation of such certificates.”
While classification certificates are still required of all short-term renters, the bill will make obtaining one easier for the many Quebecois who currently live outside of the permissible zones. As a result, Airbnb hosting will become a possibility for many property owners.
StayPro Property Management sees this as an amazing opportunity for many to boost their income and pay off their mortgages. Short-term rental rates are on the rise and therefore profit potential for short-term renting is high!
How Bill 67 Limited The Power of Municipality
- “126. With respect to a provision of a zoning by-law or conditional use by-law that is in force on 25 March 2021, the first paragraph of section 21.1 of the Act respecting tourist accommodation establishments (chapter E-14.2), as enacted by section 73, applies only from 25 March 2023.
- Before 25 March 2023, a municipality may, in accordance with the second paragraph of section 21.1 of the Act respecting tourist accommodation establishments, readopt, without amendment, a provision referred to in the first paragraph.
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“21.1. No provision of a municipal by-law adopted under the Act respecting land use planning and development (chapter A-19.1) may operate to prohibit the operation of a tourist accommodation establishment where accommodation, not including any meals served on the premises, in the principal residence of the natural person operating it is offered, by means of a single reservation, to a person or a single group of related persons at a time.
The first paragraph does not apply to a provision of a zoning by-law or a conditional use by-law introduced by a by-law that amends the by-law concerned and is adopted in accordance with the provisions of Division V of Chapter IV of Title I of the Act respecting land use planning and development, with the following modifications:
- (1) any provision contained in the second draft by-law is deemed to have been the subject of a valid application from any zone from which such an application may originate under section 130 of that Act, and sections 131 to 133 of that Act do not apply; and
- (2) for the purpose of determining whether a referendum poll must be held in respect of that by-law, the number of applications that must be reached under the first paragraph of section 553 of the Act respecting elections and referendums in municipalities (chapter E-2.2) is reduced by 50%, rounded up to the next whole number.”
Conditions That Allows Municipality to Reject a Permit
- 6.1: The intended use is not in conformity with the municipal planning by-laws relating to uses passed under the Act respecting land use planning and development.
- 7: The regulation may exempt a class of establishment, a type of residence or all or part of an area or of a municipality from this Act or certain of its provisions in accordance with the terms specified in the regulation.
- 11: The Minister shall refuse to issue a classification certificate if the person applying for it does not meet the conditions prescribed by this Act and the regulations.
- 11.0.1. The Minister may refuse to issue a classification certificate if the person applying for it has, in the last three years, been found guilty of an offence under this Act or the regulations, the Building Act (chapter B‑1.1) as regards barrier-free design, the Environment Quality Act (chapter Q‑2), the Consumer Protection Act (chapter P‑40.1) or the Act respecting the conservation and development of wildlife (chapter C‑61.1), unless the person has been pardoned or has, in the last three years, been the subject of a non-compliance order made under any of those Acts.
- 11.1. The Minister shall suspend or cancel a classification certificate if its holder no longer meets the conditions prescribed by this Act and the regulations.
- 11.2. The Minister may suspend or cancel a classification certificate if its holder has, during the term of the classification certificate, been found guilty of an offence under this Act or the regulations, the Building Act (chapter B‑1.1) as regards barrier-free design, a municipal planning by-law relating to uses passed under the Act respecting land use planning and development (chapter A‑19.1), the Environment Quality Act (chapter Q‑2), the Consumer Protection Act (chapter P‑40.1) or the Act respecting the conservation and development of wildlife (chapter C‑61.1), unless the holder has been pardoned or has, during the term of the classification certificate, been the subject of a non-compliance order made under any of those Acts.
- 11.3. At the request of a municipality, the Minister may, in the cases specified by government regulation and in accordance with the second paragraph, suspend or cancel the classification certificate of a tourist accommodation establishment where accommodation, not including any meals served on the premises, in the operator’s principal residence is offered, by means of a single reservation, to a person or a single group of related persons at a time. For the purposes of the first paragraph, the cases specified by regulation must in particular take into account offences under any municipal by-law as regards nuisances, sanitation or safety.
Since we do not update the article in real time, please make sure that the information is still applicable. StayPro advises that you do your own research as this article is not comprehensive, and does not constitute legal or tax advice.