Business Licences
Short-Term Rentals
In January 2023, Hamilton City Council approved an STR (Short-Term Rental) licensing program for operators and brokers within Hamilton. A “Short-Term Rental” is described as all or part of a dwelling unit used to provide sleeping accommodations to the travelling public.
The program is designed to regulate both brokers and operators, and to establish a maximum number of nights residents can rent their principal residence.
NOTE: An operator is described as the STR host and a broker is the online platform (AirBnB, Vrbo, etc.)
How much will this pilot program cost Hamilton taxpayers? Licence fees are to reflect Full Cost Recovery based on the assumption that approximately 1250 STR units are licensed annually. Should the program achieve the projected licence numbers, there is no cost to taxpayers.
Apply for Short-Term Rental Licence
To apply for a STR licence, operators will need to review and submit:
Short Term Rental Application Form & Submission Guidelines
Additional documentation is also required:
- Floor plan showing:
- square footage of the residential unit in which the STR will be located
- number of bedrooms in the STR
- number/location of smoke alarms and carbon-monoxide detectors
- evacuation routes and the location of safety equipment
- Fully completed STR questionnaire which includes:
- description of what parts of the property will be used for STR
- description of the type of building the STR is located in (condo, apartment, lane-way house)
- number of off-street parking spaces available for the STR
- contact information for emergency contact available 24 hours a day during rental periods
- list of companies used to advertise
- Proof/Declaration of Principal Residence
- Guest Information Package
- Detailed fire escape plan
- Proof of adequate insurance coverage
- Approval of condo board and/or property owner if applicable
- Statutory declaration that the property is in compliance with the Fire Prevention Act and Ontario Fire Code
- Government-issued ID
- Criminal Record Check (from the police services board in the home-town of the applicant – no third-party checks will be accepted)
- Any additional criminal or provincial offences in all jurisdictions for which the applicant has been convicted and not pardoned and do not appear on criminal record check submitted
- Documentation confirming the STR and its proposed use complies with the Electrical Safety Code, conducted by an ESA endorsed contractor
- Documentation and fees are the responsibility of the property owner
- Certificate of Zoning Verification from the City of Hamilton Zoning Section (for secondary dwelling units only). Fees are the responsibility of the property owner. Learn more about Zoning Verifications
The Zoning Verification certificate indicates whether a use is permitted and what the last recognized use of the property is. The property must be legally recognized for the current proposed use to move forward with the licensing process. Once a Zoning Verification certificate is received, please review the certificate for any additional instructions prior to contacting the Licensing Section.
Complete application packages and supporting forms can be submitted in 2 ways:
- In person at 330 Wentworth Street N, Monday or Wednesday 8:30 am to 4:30 pm
- By email to [email protected]. Once reviewed and accepted, a file number will be created and sent back to the applicant for payment
Please refer to the Business Licence Reference Guide for more information on application requirements by licence type.
To make an online payment you must have:
- your application number if paying for a new licence i.e: 23-XXXXX (first 2 digits represent the year)
- your licence number if paying for a renewal
Fee Schedules for Short-Term Rentals
Operator (Entire Dwelling)
| Licence Application Fees - Operator (Entire Dwelling) | Cost |
|---|---|
| Processing Fee (with HST) | $82 |
| Licence Fee | $390 |
| Fire Administrative Fee (with HST) | $41.81 |
| Certificate of Compliance | $362 |
| TOTAL (No Zoning) | $875.81 |
| Zoning Verification Certificate (Secondary Dwelling Units only) | $131 |
| TOTAL (With Zoning Verification) | $1006.81 |
Renewal Fees
| Licence Renewal Fees - Operator (Entire Dwelling) | Cost |
|---|---|
| Renewal Fee (with HST) | $60 |
| Licence Fee | $390 |
| Fire Administrative Fee (with HST) | $41.81 |
| TOTAL | $491.81 |
Operator (Partial Dwelling)
| Licence Application Fees - Operator (Partial Dwelling) | Cost |
|---|---|
| Processing Fee (with HST) | $82 |
| Licence Fee | $90 |
| Fire Administrative Fee (with HST) | $41.81 |
| TOTAL (No Zoning) | $213.81 |
| Zoning Verification Certificate (Secondary Dwelling Units only) | $131 |
| TOTAL (With Zoning Verification) | $344.81 |
Renewal Fees
| Licence Renewal Fees - Operator (Partial Dwelling) | Cost |
|---|---|
| Renewal Fee (with HST) | $60 |
| Licence Fee | $90 |
| Fire Administrative Fee (with HST) | $41.81 |
| TOTAL | $191.81 |
Broker
| Licence Application Fees - Broker | Cost |
|---|---|
| Registration / Licence Fee | $5000 |
| Total | $5000 |
Renewal Fees
| Licence Renewal Fees - Broker | Cost |
|---|---|
| Renewal Fee every 5 years (with HST) | $60 |
| TOTAL | $60 |
After Application has been Submitted
- If applying for an Entire Dwelling STR Operator Licence, A Licensing Compliance Officer will schedule an appointment with the property owner to gain entry to the building for a Property Standards inspection of each unit. Refer to the Short-Term Rental Dwelling Checklist on what is investigated during an inspection.
- The Hamilton Fire Department will review your application and its contents for compliance with the Fire Protection and Prevention Act and Ontario Fire Code.
- Once all inspections are complete, the property is in compliance with municipal by-laws and relevant legislation and the licence application has been submitted in full (with payment), a Short-Term Rental licence may be issued.
Short-Term Rental (STR) Frequently Asked Questions
A Short-Term Rental means all or part of a dwelling unit used to provide sleeping accommodations to the travelling public for any rental period that is less than 28 consecutive days in exchange for payment or other remuneration.
A broker means any person who advertises, facilitates the advertisement of, or brokers Short-Term Rental Reservations via the internet, or otherwise, and who: (1) receives payment, compensation, or any financial benefit, due to, as a result of, or in connection with a person making or completing a Short-Term Rental Reservation; or (2) collects, accesses, or holds information on the number of nights that Reservations of any Short-Term Rental are made or completed; This definition does not include a person who facilities or brokers Reservations for a Short-Term Rental that is the Principal Residence of that person.
An operator means any individual who operates a Short-Term Rental and does not include a corporation.
The By-law does not apply to:
(a) a hotel, motel, inn, resort, bed and breakfast or tourist home as defined and regulated by the Ontario Building Code and/or Zoning By-law;
(b) a residence operated by a post-secondary institution;
(c) an accommodation rented out to tenants in accordance with the Residential Tenancies Act, 2006, S.O. 2006, C. 17.
(d) a home for special care operated under the authority of a licence issued under the Homes for Special Care Act, R.S.O. 1990, c. H. 12;
(e) a long-term care home operated under the authority of a licence issued under the Long-Term Care Homes Act, 2007, S.O. 2007, c.8;
(f) a retirement home operated under the authority of a licence issued under the Retirement Homes Act, 2010, S.O. 2010, c. 11; or
(g) a boarding, lodging or rooming house, as defined in the Building Code and/or Zoning By-law
Application intake will begin on December 1, 2023. Enforcement of the by-law will commence on January 2, 2024.
You may contact a Licensing Administrator and/or apply:
- In person at 330 Wentworth St N
- Via email at [email protected]
Applicants must first ensure that the use of a STR is permitted and recognized under the Zoning By-law 05-200. This is done by completing a Zoning Verification Report through the Zoning Section. For more information on how to obtain the necessary report, please visit the City of Hamilton (City) Zoning webpage.
Additionally, the licensing application requirements can be found in the Business Reference Guide on the City’s Business Licensing webpage.
A STR can only be located within a principal residence. A principal residence will not be subject to the VUT, but submission of a mandatory declaration is still required. However, there may be situations where it may apply. Learn more about the City’s Vacant Unit Tax.
The difference between requiring a STR licence and a Rental Housing Licence can depend on several factors, the main one being temporary accommodation versus long-term accommodation. Learn more about the City’s Rental Housing Pilot Program.
An STR can only be within a principal residence. A building occupied by an owner would not be considered a Vacant Building under the Vacant Building Registry By-law. Learn more about the City’s Vacant Building Registry.
Yes. Proof of Insurance is required for the applicable use, with Host Liability or Commercial General Liability not less than $1,000,000 per occurrence.
Fines and penalties can vary based on the offence and or/number of offences. Ongoing non-compliance may result in refusal of licence application, and/or conditions, suspension or revocation of the licence.
Under the Licensing By-law 07-170 (By-law), licences are non-transferable, and pro-rated licence fee refunds are not permitted.
Site plan is not required upon initial application. If for some reason Site Plan consultation is required, a Licensing Administrator will direct you to the appropriate contact.
No, however, the Guest Information Package must contain instructions for solid waste disposal, including information on the applicable waste collection day and instruction for composting and recycling.
Licensing/renewal fees are due on the first date of issuance annually (i.e. initial licence issued on February 1, 2024, to be renewed annually on February 1 each subsequent year during continued operation).
Licence fees will vary based on the type of STR (partial dwelling versus entire dwelling). Learn more about current applicable fees by visiting the Business Reference Guide on the Business Licensing page.
Please note that all fees are subject to annual increases through the User Fee and Charges By-law.
Upon submission of payment and a complete application, Hamilton Fire will review the Fire Escape Plan and a Property Standards inspection will be completed by a Licensing Compliance Officer.
If you have an inquiry or a complaint regarding an STR, you can connect with a Licensing Administrator at [email protected] or call 905-546-2782, option 3.
The maximum limit for overnight guests is two (2) persons per sleeping room. Children that are two (2) years old or younger are exempt.
Contact Us
Licensing
Call 905-546-2782, option 3 or
Email [email protected]
Zoning
Call 905-546-2424 ext 2719 or
Email [email protected]
Building Permits
Call 905-546-2720 or
Email [email protected]
Fire
Call 905 546-2424 ext 1380 or
Email [email protected]
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