Articles in this section are of general information and in every situation are subject to the application and interpretation of a law, rule or factual situation that may differ. Consult us for any specific question.
Short-term tourist rentals such as Airbnb : a great opportunity?
Short-term tourist rentals like Airbnb are offers to tourists to rent accommodation for less than 31 days. The practice is all the rage and has grown in popularity in recent years, due to the variety of rental accommodation on offer at competitive prices. The downside: municipalities are having to contend with an upsurge in illegal tourist accommodation on their territory. Which is why Québec has been forced to tighten the regulations on this practice, due to the abusive use made by many owners.
On the one hand, operating a short-term tourist accommodation provides a source of income for the landlord, offers benefits for local communities and tourists, and contributes to the expansion and diversification of the accommodation offer throughout Québec. On the other hand, it exacerbates the housing crisis, causes nuisance to residents (noise, comings and goings, increased crime), leads to accelerated deterioration of properties and contributes to the phenomenon of overtourism.
Since municipalities lack the tools needed to manage the rapid growth in short-term tourist accommodation, the Quebec government has passed several laws and regulations in recent years such as: the Regulation to amend the Regulation respecting tourist accommodation establishments, the Act to establish a new development regime for the flood zones of lakes and watercourses, to temporarily grant municipalities powers enabling them to respond to certain needs and to amend various provisions, the Tourist Accommodation Act and, on September 1, 2023, the Act to fight illegal tourist accommodation, which prohibits the operation of a short-term rental establishment in a prohibited zone, and ensures that the capacity limit for rental units is respected and complies with regulations.
Municipalities have also adopted various zoning regulations, for example, restricting the zones in which short-term tourist establishments are permitted, or limiting the number of tourist accommodation residences per zone, or establishing a ban depending on the type of establishment.
Requirements
There are several requirements to be met in order to operate a short-term tourist accommodation, including having a registration certificate issued by the Corporation de l’industrie touristique du Québec (CITQ). This certificate includes several information such as the registration number, the address and category of the establishment, the number of rental units and the certificate’s date of issue and expiry. The registration certificate must be displayed in public view, included in all advertising, and given to the operators of digital transactional hosting platforms, who in turn must verify its validity.
Before applying to the CITQ for registration, check with your municipality or regional county municipality to ensure that short-term rentals are authorized (zoning, permits, emergency plan, etc.), and obtain a notice of compliance signed by the municipality confirming that the proposed use is authorized.
Possible sanctions
Authorities have the power to issue fines in cases of non-compliance. These fines can be very costly (link in French):
Therefore, before renting out your residence for the holidays, make sure you meet all the requirements and are well informed about the obligations associated with it. Regulations vary from one municipality to another, and even from one zone to another within the same territory. Contact us if you have any questions about a short-term renting situation.