Regulating Short Term Rental Properties

On August 6, 2024, the Government of Nova Scotia issued N.S. Reg. 158/2024, which establishes new regulations for the registration of short-term rentals under the Short-term Rentals Registration Act (the Act). This regulation replaces the previous Tourist Accommodations Registration Regulations established in January 2020. The changes aim to provide a structured approach to managing short-term rental properties in the province.
The new regulations include a comprehensive set of definitions and classifications delineating various types of rental arrangements. Key terms defined within the regulations include “applicant,” referring to a person seeking registration as a host or platform operator; “commercial short-term rental host,” indicating a person offering rentals of properties that are not their primary residence; “primary residence,” defined as a dwelling unit occupied by an ordinary resident, either alone or with others; and “short-term rental duration period,” which is defined as a rental period of 28 consecutive days or less.
The regulations categorize hosts into three distinct classes. The first class is Whole Home Primary Residence Short-term Rental Hosts, consisting of individuals who rent out their entire primary residence. The second class, Commercial Short-term Rental Hosts, includes operators renting properties that are not their primary residence. The final class, Traditional Tourist Accommodation Hosts, encompasses a variety of accommodation types, including bed and breakfasts, hostels, hotels, motels, personal vacation homes, rented rooms, resort establishments, and unusual lodgings.
All hosts and platform operators are required to register annually under the Act, and the registration is non-transferable. The Minister of Municipal Affairs and Housing is responsible for granting registrations, provided applicants meet specific requirements. These requirements include proof of identity and residency, wherein applicants must provide documentation that verifies their identity and confirms that the property is their primary residence, where applicable.
Specific provisions are outlined for different types of hosts. Whole Home Primary Residence Short-term Rental Hosts must provide their legal name, the address of the rental, and evidence of compliance with local laws. They must also submit proof that the dwelling is their primary residence through various forms of documentation. In contrast, Commercial Short-term Rental Hosts need to submit similar information as primary residence hosts but must do so for multiple properties if applicable, along with confirmation of compliance with municipal regulations. Traditional Tourist Accommodation Hosts face specific requirements depending on the accommodation type, particularly regarding proof of primary residence, compliance, and consent from property owners or condo boards, where necessary.
By establishing clear definitions, registration requirements, and compliance mechanisms, the regulations aim to balance the interests of short-term rental operators with community needs and municipal planning objectives.
Nova Scotia (158/2024) August 23, 2024