Council shelves firearm bylaw, seeks new path on short-term rentals

Staff asked to examine ways to permit whole-home rentals

Trent Hills council agreed at its meeting on Tuesday, June 25 that it didn’t want to regulate the discharge of firearms, a move sure to please hundreds of hunters in the area.

But council also acknowledged that as the population grows and there are more settled areas, concerns will continue to be raised about the safe use of guns. It encouraged staff to meet with hunting and conservation groups for their help in educating gun owners to ensure they don’t upset neighbours.

“We need to be aware that things change over time and we have to make sure that that protection is there as well,” said Deputy Mayor Mike Metcalf.

Chief Building Official Stephen White, who oversees bylaw enforcement, said most Ontario municipalities rely on federal and provincial laws. He noted that any bylaw restricting firearms discharge would have to start with a complicated, detailed map of where people live in the municipality.

It would be a tall order to create and enforce any bylaw, White said. He recommended the municipality work with hunting and shooting groups to “have them monitor, police and educate that very small group that are not practising what would be considered good, ethical safety practices.”

Councillor Gene Brahaney noted that this “has been a troublesome topic. I believe that the people who live on County Road 50 deserve the same sense of security as people who live on the waterfront on Queen Street.”

He said that past experience has shown that police officers often do not attend when called to deal with such problems. “There doesn’t seem to be any last button to push to get their response.”

In the end, all councillors voted in favour of letting White take the non-bylaw approach.

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Some short-term rental changes but no overall policy, yet

That unanimity did not hold for the issue of what to do about short-term rentals, aka the Airbnb issue.

Currently, short-term rentals are illegal in the municipality, but the bylaw officers only act when there have been complaints. It’s estimated there are hundreds of cottages that are rented out at least part of the season.

At this meeting, council was dealing with a staff suggestion that a zoning bylaw be amended to create ways for more properties to operate legally as bed-and-breakfasts by expanding the definition to include properties where an owner or representative lives on the property.

After a public meeting and many public comments in favour of allow whole-home rentals, in part to promote tourism, staff also wanted more direction from council about how to proceed. They had started in one direction two years ago but were told to switch course after the province ordered a clampdown in an effort to increase the stock of permanent rentals.

In the end, council voted in favour of the amendments to the BnB bylaw, with councillors Daniel Giddings and Rick English opposed. Giddings was concerned that allowing some homeowners to operate illegally would be unfair to those still outside the law.

English wanted the bylaw to permit rentals by owners who live nearby, noting a successful and well-run home in Warkworth that has introduced many people to the community. Other councillors also favoured finding a way to permit rentals by owners living within a certain distance or able to reach the property within a certain time.

Planning Director Jim Peters explained that zoning bylaws can be used to restrict property uses, but they can’t be applied to people, so couldn’t refer to where they live. He said finding a way to do this legally would require seeking more legal advice.

Deputy Mayor Metcalf said he supported the bylaw amendment that expands the BnB definition, even though it might only apply to a handful of operators. “But we should continue at the same pace to determine how whole-home rentals is going to happen.”

In a letter to council, Nancy Allanson, CEO of the Trent Hills Chamber of Commerce, said the extra options would not replace the hundreds of whole-home rentals now going on. “We strongly urge council to initiate this process and prioritize a whole-home option. In the meantime, move forward with the changes to allow the six options so those that are eligible under the new bylaw can become legal.”