2023蒙特利尔短租规定

蒙特利尔当前的短租规定（将于2023年3月后失效）

魁省法律指出：任何cottage, 公寓或独立屋，只要连续出租31天及以下，就需要持有短租牌照。 申请牌照听起来很容易，其实实际操作非常困难和繁琐，尤其是审批阶段，成功率不高。因此，不少房东望短租而却步。同时，很多目前正在经营的Airbnb都不持有合法的短租牌照。

但是，事情正在起变化

即将生效的67号法案以及对其魁省房东的影响

在即将到来的2023年的三月二十五日, 魁省居民将被允许短租自己的主要住宅，同时，市政府将丧失目前被授予的按照地理区划限制短租牌照的权力。 :

这一变化是由 2021 年发布的第 67 号法案导致的，但其与短租房相关的条款要到新的一年才会生效。

67号法案“修改了关于旅游物业的法案，以定义“游客”的概念，明确魁省旅游部批准或拒绝签发旅游物业分类证书或暂停或取消证书的情况，以及允许魁省旅游部在暂停和取消此类证书方面的责任。”

新法生效后，虽然所有短租房房东仍需要分类证书，但该法案将使目前居住在市政允许短租的区域之外的魁北克居民人更容易获得分类证书。因此，更多的魁省居民将可以用自己的房子做Airbnb了。

随着利率上升，房东的成本越来越高。StayPro 物业管理公司认为短租将对许多房东来说是一个增加收入和偿还抵押贷款的绝佳机会。由于市场逐步向好，旅游需求旺盛，蒙特利尔短租收益正在逐步上升，这对短租收益起到了促进作用，甚至达到了长租租金的数倍。

67号法案将如何限制市政府？

如果您需要了解详情，请查看以下的法案原文。

1. “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.
2. 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.
3. “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. (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. (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.”

市政府可以限制牌照申请的几种特殊情况

如果您需要了解详情，请查看以下的法案原文。

Exceptions that allow the municipality to reject your claim:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.