August 14, 2024 – During their June 2024 meeting, the Niagara Escarpment Commission approved a new interpretation to Short Term Accommodations (STAs) within the Niagara Escarpment Plan area, voting to view the use of short-term accommodations (i.e. weekend vacation rentals) the same as a lessor on a month-to-month basis (i.e. long term rentals).
With this interpretation, the NEC has determined that the rental of a single dwelling, or a legally established secondary dwelling unit within or attached to the primary dwelling, are consistent with the permitted use of the dwelling by the owner and that a Development Permit from the NEC is not required to initiate a rental.
This ruling has ramifications throughout the Escarpment as many municipalities with in the NEP area adopted by-laws and licensing programs to regulate STAs and mitigate related concerns.
See below for an FAQ on Short Term Accommodation to see if you are impacted.
A short-term accommodation, sometimes referred to as short term rental is the temporary (30 days or less) rental of an entire dwelling or secondary dwelling unit in exchange for money.
Note: Municipal building approvals and other permits may also be required.
No, short term accommodations are not considered in the same way as hotels, motels and Bed and Breakfasts. Hotels and Motels are a commercial business offering several distinct rooms for rent within one or more building that are used only for this purpose. Bed and Breakfasts are also different than short-term accommodations in that the Niagara Escarpment Plan (NEP) has specific policies for the operation of Bed and Breakfasts including the requirement that the owner of the property must use the dwelling as their primary residence, and where the guests are only renting a bedroom - the rest of the house is shared by the guests and the owner.
A permit from the NEC is not required to operate a short-term accommodation within the Niagara Escarpment plan area. It should be noted, however, that municipal by-laws may apply as most municipalities in Ontario require at a minimum a license or permit to operate a short-term accomodation. Contact your local municipality for further information.
Note that you may rent out the entire dwelling or a legally established attached secondary dwelling unit. A secondary structure that is not attached to the primary dwelling on a property may NOT be rented for short-term accommodation purposes.
Although a permit is not required to rent an existing dwelling or legally established secondary dwelling unit, the development or construction of a new structure or modification of an existing structure may require a development permit. The establishment of a secondary dwelling unit (a self-contained living area within or attached to the primary dwelling) also requires a permit. For more information on development permits please visit https://escarpment.org/development-permit-applications/
Emergency concerns should be directed to 911. Concerns related to parking, noise, excessive waste, and fire code should be directed to municipal bylaw enforcement or the police.
IF you have concerns surrounding the construction of a structure or a change of land use without a permit you can report your concern by calling 905-877-5191 or by submitting a concern through the NEC compliance and enforcement webpage at: https://escarpment.org/permits/compliance-and-enforcement/