Joint Statement Re STR Resolution

Joint Statement from Mayor Philip Brown and Alanna Jankov, Chair of Planning and Heritage Committee
Posted on 01/10/2024
The council package used in the Monday, January 8, 2024, Regular Meeting of council unintentionally omitted a report to support Planning and Heritage Resolution #4. The City of Charlottetown is committed to transparency and, although the Municipal Government Act (MGA) does not expressly require a report to accompany a resolution that is a result of a closed session, our mistake doesn’t align with our commitment.

To correct this, and in accordance with MGA Section 119(4) - Disclosure, the City is releasing the information from the missing report (following, which has not been received by City Council), along with the reports, resolution, and minutes from the closed Planning and Heritage Committee Meeting, and report and minutes of the closed Council meeting, both held December 11, 2023.

The City also notes an error in the MGA section quoted as justification for the closed session meeting. The meeting was held in closed session only due to Section 119(1)(f). We are sorry for this error or any confusion this might have caused. There were no negotiations required for subject matter in the closed sessions.

We’re reviewing how this mistake was made in an effort to tighten our operating procedures and continue to increase our operating awareness of the MGA. We want to reaffirm to residents our concerted efforts at maintaining the level of accountability they expect.

Relevant MGA Sections:
119(1) Despite subsection 118(1), a council or council committee may, by resolution, close all or part of a meeting to the public, either in advance or at the meeting, where the matter to be discussed is, in relation to any of the following, confidential:
(f) the conduct of existing or anticipated legal proceedings or the review of legal advice.

119(4) Disclosure A council or council committee shall make public any matter which has been considered at a meeting closed to the public pursuant to subsection (1), when confidentiality is no longer required.

December 8, 2024, Report Content (not formally received by City Council):

To provide an update on the implementation of the regulations of the Short-Term Rental Licensing Bylaw and make a recommendation to Council through the Planning and Heritage Committee.

That Planning and Heritage Committee recommends to Council to:
1. allow Short-Term Rental Operators who, prior to the adoption of the Zoning & Development Bylaw Amendments regarding Short-Term Rentals on February 14, 2022, operated a Short-Term Rental and hold a current Tourism Industry Act (TIA) license, or are eligible for a TIA license, to be considered a legal non-conforming use; and
2. that these legal non-conforming uses be required to apply for a Short-Term License and satisfy all other applicable requirements of the City’s newly established Short-Term Rental Licensing Bylaw.

Report Details:
In February 2022, the Council adopted amendments to the Zoning & Development Bylaw that provided updated regulations on the short-term rental (STR) of a private dwelling unit.

The STR Licensing Bylaw was established after passing second reading and through Council Resolution on October 12, 2023. The STR Licensing Bylaw came in effect on November 1, 2023.

The Planning and Heritage department sought legal opinion to address the concerns. The legal team provided an opinion, and the Planning and Heritage Committee assessed the opinion and provided a recommendation to Council on how to proceed.

Council or Committee History:
Planning and Heritage Meeting October 3, 2023, Regular Council Meeting October 10, 2023, Special Council Meeting October 12, 2023

Public Engagement and Communication:
The existing STR FAQ page found here will continue to provide information to the public

Legislative Authority:
The Municipal Government Act of PEI, Planning Act of PEI, The Zoning and Development Bylaw, The STR Licensing Bylaw, The Enforcement & Summary Proceedings Bylaw

Strategic Alignment:
Housing Provision, Affordable Housing Strategies

Compiled Package STR Meetings.pdf