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Article - Licensing - STR Operators Licence Application FAQ’s

Short-Term Rental Operators Licence Application FAQs

How do I apply for a short-term rental operator licence?

At this time, applicants can apply by completing the application form on the Applications page and submitting it to the City by email, mail or in person at 1211 John Counter Blvd; note that payment must be made for an application to be considered. See the Short-Term Rental Licensing page for more information

Who can apply for a short-term rental operator licence?

Only the owner of the property or the authorized agent of the owner may apply for a licence.  The Owner's authorized agent means the person or persons appointed by the Owner to make decisions in relation to the Owner's property in their absence. If the Owner is a corporation or partnership, they have the authority to bind the Owner. 

Who is required to have a short-term rental operator licence in Kingston?

Any owner of a property within the City of Kingston who receive payment for all or part of a dwelling unit used to provide sleeping accommodations for a period equal to or less than 30 consecutive days. 

Where in Kingston are short-term rentals allowed?

As of June 1, 2021, short-term rentals are allowed in Residential Dwelling Units, including single detached, semi-detached, row house, secondary suites in a single detached dwelling, or multi-unit buildings located within the City of Kingston as per section 7 of the bylaw.

How long does it take to process an application for a short-term rental licence?

Applications are typically reviewed within 10 business days of application; however, processing times can vary based on the information provided in the application form. Each application is reviewed to ensure the applicant meets the requirements of the Short-Term Rental Licensing Bylaw. 

What type of dwelling is considered a short-term rental?

Any existing Dwelling Unit, or portions thereof, could be operated as a short-term rental once a licence has been approved.  A Dwelling Unit means a suite operated as a housekeeping unit, used or intended to be used by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities.  This definition applies to any Dwelling Unit in any type of building, including a single-detached, semi-detached or row house with a secondary suite within the principal building or a detached building on the same lot; as well as a seasonal dwelling unit (cabin/cottage).

What type of building or space would not be considered for a short-term rental?

Where cooking, eating, living/sleeping and sanitary facilities are not provided (for example a Bunkie used for sleeping only), this would not be considered a Dwelling Unit.  A Short-Term Rental means all or part of a Dwelling Unit used to provide sleeping accommodations for a period equal to or less than thirty consecutive days in exchange for payment and includes a Bed and Breakfast.  Every short-term rental must be part of a dwelling unit as defined by having cooking, eating, living/sleeping and sanitary/washroom facilities.  No completely separate sleeping space only is permitted to have a licence to operate.

What is considered a separate dwelling unit or secondary suite?

A dwelling unit containing living/sleeping, eating and sanitary facilities that is completely separated from the principal dwelling unit by a fire separation and door that restricts entry between the two units would be considered a separate dwelling unit or secondary suite.  A bar area in a basement would not constitute a separate unit.  

What do I do if the Dwelling Unit being proposed for my short-term rental does not have a unit number?

If your dwelling unit does not have a recognized unit number by the City and you have more than one unit in your building, it may not necessarily mean the unit is illegal.  Please contact building services at buildinginspection@cityofkingston.ca. We will check historic records to determine if the unit was legalized previously, however no unit number was assigned at that time.  If this is the case, we will work with civic addressing to have the unit recognized and a unit number assigned.  

What can I do prior to my application submission to ensure approval?

It is always good to confirm if the unit you will be renting is legal and there are no open permits on file that may extend the time for the short-term rental application to be approved.  Staff are available at buildinginspection@cityofkingston.ca to review information on file with you prior to your short-term license application submission to help with the process. 

How many persons or number of bedrooms are permitted for my building type to licence my short-term rental?

Your Short-Term Rental licence permits you to rent the following building types and units/persons associated as per 7.1 and 7.2 or the below as shown in the below chart. 

An Operator shall not hold more than one Licence and shall not operate or permit the operation of more than two Short-term Rentals at any time as per 5.2 of the Bylaw.

7. Regulations

7.1. Subject to Section 7.2 below, a Short-Term Rental shall have:

  1. no more than three (3) rooms individually rented; and
  2. sleeping accommodation for a maximum of four (4) individuals.

7.2. Section 7.1 of this Bylaw does not apply to a Short-Term Rental that consists of an entire single-detached Dwelling Unit rented under a single booking.

  • Single Detached Dwelling (One suite)  - Entire House (single booking) or 3 bedrooms individually rented to maximum 4 persons
  • Single with secondary suite, Semi, Duplex, Row House or Multi-Unit Building (Maximum 4 Persons)  - Entire Dwelling Unit or maximum of 3 bedrooms individually rented

Will I be notified if an agent wants to inspect my proposed short-term rental space to confirm application information? 

Any City staff wanting to inspect your property to confirm by-law compliance will contact you and set up a time that is convenient.  An agent cannot enter a dwelling unit without consent of the occupier, unless an order or warrant has been issued authorizing entry, or there is an immediate danger to the health and safety of persons.  Refusal of consent to allow entry to a dwelling unit does not constitute hindering or obstruction under the STR Bylaw unless the City is acting under an order or warrant, noted above, under the Municipal Act.

What can I do if my application or licence has been denied, revoked or suspended?

Where a licence has been refused, suspended, or revoked, a written decision will be provided to the applicant, and the applicant, within 15 days of being notified may appeal to the Appeals Committee for a review of the decision by submitting the appeal to cityclerk@cityofkingston.ca on the prescribed form, and pay an appeal fee of $318.25.  Applicants will be provided a date for the appeals committee meeting which generally take place the third Monday of each month.  There will be time given for each side to prepare evidence prior to the hearing.  The Appeals Committee can only review a decision based on the bylaw only and cannot hear or make decisions on building code, planning act, or fire code matters.  No refunds are provided even if the decision is in favour of the applicant as the fee covers the cost associated.    

Will rural residents hoping to operate a short-term rental be required to upgrade their septic systems to support a short-term rental?

No, if your dwelling unit is existing and you are not adding any additional plumbing fixtures or living space to support the short-term rental use.  In certain instances, where an additional dwelling unit has been constructed without a permit, a building permit and zoning approvals would be required to utilize this space as a Dwelling Unit or Short-Term Rental.  In these circumstances, the septic system would need to be assessed to support any additional loads imposed.

Are renovations required to my home in order to operate a short-term rental?

In general, existing homes that are compliant with the Building Code and Zoning Bylaw would not require renovations or additional construction. If your existing unit was created legally under a building permit, no alterations would be required in order to operate your short-term rental. 

If you are considering renovations, such as finishing a basement, adding bedrooms or an additional Dwelling Unit including a secondary suite, in order to rent out the space, a building permit would be required. 

Are there any fire safety regulations applicable to operating my short-term rental?

All existing dwelling units in Ontario, regardless if they are a short-term rental or not, are subject to the Fire Code which states:

  • Smoke alarms must be installed on all levels of the home, outside all sleeping areas, between the sleeping area and the remainder of the home, and maintained in operating condition in accordance with the manufacturer’s instructions.
  • If the home has a fuel burning appliance or fireplace or connected garage, carbon monoxide alarms must be installed adjacent to each sleeping area, and maintained in operating condition in accordance with the manufacturer’s instructions.

If I operate a short-term rental, does the Municipal Accommodation Tax apply?

The Municipal Accommodation Tax Bylaw (2018-95)  was approved by Council in June 2018 and amended in January 2021. This bylaw applies the 5% MAT to all short-term rental (for a period equal to or less than thirty consecutive days per booking) and collection came into effect on June 1, 2021.

The process is currently being updated and when ready you can access information and learn more by visiting the Municipal Accommodation Tax page.

How do I submit my Municipal Accommodation Tax (MAT) for qualifying stays?

We are currently working on an integrated system that will allow payments to be paid through the City’s online portal associated with your short-term rental licence.  This will be available on the City website in July 2022.

How and when do I need to renew my Short-Term Rental License?

Short-Term Rental Licenses are required to be renewed annually, on the anniversary of the initial license issuance.  A separate renewal license application has been created to allow a more streamlined approach to the initial application where the short-term rental information previously submitted has not changed.

What do I do if I have a concern with my neighbour’s short-term rental?

Please contact the Licensing Department by phone at 613-546-4291 ext 3150, by email, or in person at 1211 John Counter Blvd. to submit a complaint. The matter will be directed to the City’s Licencing and Bylaw Enforcement departments for investigation. All properties within the City of Kingston are subject to the minimum standards established by the Property Standards Bylaw (2005-100), which manages and controls the way properties are maintained and used in the City of Kingston. The purpose of this bylaw is to set out standards for properties, so they are not an eyesore or nuisance to neighbours or affect the enjoyment of one’s own property. Properties are also subject to Parking Bylaw (2010-128) and Noise Bylaw (2004-52) and Solid Waste Bylaw (2014-5), as amended, and all other applicable laws.

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