KAGAWONG—Despite opposition that has been raised by some members of the public and concerns raised by at least one councillor, Billings township council has decided to have its short-term accommodation rental (STAR) bylaw remain in place.
“You have raised a lot of really good points,” Councillor Vince Grogan said to fellow Councillor Jim Cahill at a meeting last week. “But do I think we need to completely strip the STAR bylaw? No. All points you have raised are worthy. Regardless, with the bylaw in place if any problems come up, we can address them right away. We need to have some standards for levels of protecting our environment and all our citizens.”
“This is not an easy answer,” said Councillor Dave Hillyard. “With feedback from the public, did we get it wrong with this bylaw. Not necessarily. But I think this needs to be reviewed again. We should take a pause, as there are too many grey areas. I don’t see the need based on the number of complaints we have received.”
“I think should look at all of this at the end of the season and review the bylaw, and get feedback on what our constituents want,” Councillor Hillyard told council.
“We need to make sure we do this right, so that it is not a further burden on our staff administration and we want to make sure the township is not liable,” Councillor Hillyard continued. “We could take a step back and see if the bylaw in place is what we want.”
“Reports show that the previous council had held seven meetings to discuss the (STAR) issue,” said Councillor Jim Cahill. “But this council hasn’t really talked about it; we talked about authority for licencing and permits.” He raised several concerns, one being that the STAR bylaw requires a lot of work and requirements in the applications which is a burden on township office staff. He said there is increased liability and exposure to the township by having a STAR bylaw as opposed to not having one in place. “The liability is greater to the township if someone is hurt.”
Councillor Cahill said, “we have, say, 500 rental transactions that take place every year in the township. This places a significant increase in administrative workload on our staff members, with having to keep track of fees, licences etc. every year. There are a lot more important things that staff should be working on such as the budget, cyber insurance and much more and dealing with (STAR) takes staff away from these other things.”
In feedback from members of the public, specifically those who rent out their cottages/houses for accommodations, most are not in favour of STAR, said Councillor Cahill. He said, “if we look at the year 2022, it was one of the busiest years ever in Kagawong (for tourism) and presumably some of this has to do with STAR rentals. And if you look at bylaw enforcement report lists and the number of complaints that came forward (due to STAR) there were two, shorelines and noise. I don’t see evidence in these numbers that there is a problem with STAR. I don’t see a problem at all. I see respectable, law-abiding persons running them and we only received two complaints: one for trespassing and the other for noise. I don’t see the need for this bylaw at this point in time. I propose that we put the brakes on the bylaw, go through a season and see if we need to reassess it, and if there is a problem then we should hold a town hall meeting to get input from the public as well. But I am really interested in the thoughts of my fellow councillors.”
A lot of time was put into the bylaw by council and township staff in 2022, and it was developed due to complaints from local residents, said Councillor Michael Hunt, who favours the bylaw.
“A lot of questions have been raised,” said Mayor Bryan Barker. “As council, we need to be proactive, and there is a balance we have to consider when we are making decisions for the community. There are those people that support the bylaw and those that don’t. On social media, while there are some that are not supporting the bylaw, a lot of people are in favour.” He pointed to the recent tragedy in Montreal where several people lost their lives while staying in an unregulated air bed and breakfast. “There has to be rules and guidelines if council sanctions short term rental accommodations.”
Mayor Barker also pointed out there are municipalities that are not allowing any STAR rentals, but Billings council didn’t want to go this route.
“If there is no problem with STAR rentals, why are we imposing these guidelines on private transactions?” said Councillor Cahill.
It was pointed out the township had received legal advice explaining that if STAR was allowed, regulations and guidelines also need to be in place for the protection of the township.
Later in the meeting Mayor Barker provided answers to several questions presented by a local resident at a previous council meeting. As for whether the STAR bylaw is needed, and why municipalities need a bylaw to address issues that don’t exist he said, “the Municipal Act provides municipalities with broad powers to introduce bylaws and govern activities within their jurisdiction, which includes regulating short-term rentals. The STAR bylaw provides the framework and regulations surrounding short-term rentals; it provides a system of regulations for short-term accommodations with an aim to ensure occupants are provided with safe accommodations in terms of fire and building safety; ensure the rentals are operated and maintained in accordance with municipal bylaws and regulations; protects the character, privacy, and peace for neighbouring properties; and permits responsible short-term accommodation across the township. The bylaw addresses the issues as brought forth during the process—noise, parking, garbage, nuisance and mischief to property and to person’s safety—and is a step to lessen the conflicts between permanent residents, property owners and visitors to create a more compatible situation.”
