Bed & Breakfast Regulations

On January 14, 2019, Council made a series of motions directing administration to seek stakeholder and community input regarding a number of areas relating to the regulations surrounding Bed and Breakfast’s within Banff. 

These included:

  • The maximum number of Bed and Breakfasts allowed through Schedule ‘D’ of the Land Use Bylaw;
  • Modified enforcement options within the Land Use Bylaw for commercial accommodation in residential properties;
  • Additional regulations in an effort to strengthen the intent that Bed and Breakfast Homes remain an accessory use and do not negatively impact housing;
  • The regulations regarding new Bed and Breakfast Home applications for heritage properties;
  • The regulations regarding Bed and Breakfast Inns;
  • The relevant bylaws with regards to property tax and/or fees and renewals relating to Bed and Breakfast to explore a differential tax rate associated with Bed and Breakfasts;
  • The impacts to changes on existing Bed and Breakfasts; and,
  • Other amendments to the Land Use Bylaw related to Bed and Breakfasts.
  • January 14, 2019 Council Report on Bed and Breakfast Regulatory Framework (PDF)

In order to solicit feedback on the Bed and Breakfast regulations, how we can improve them and how we can help maintain the high level of service visitors have come to expect from them, a working group was formed. The working group was made up of 10 members and included current B and B operators, a B and B Inn owner, a hotel operator, and members of the general public.

The working group met seven times between July 2019 and January 2020 and was facilitated by a third party. The working group produced a final report: 

In addition to the working groups recommendations, the Municipal Planning Commission (MPC) will also provide recommendations at the March 11, 2020, MPC meeting. The Banff Heritage Corporation will also provide recommendations at their March 12, 2020, meeting regarding the aspects of the regulations as they relate to Bed and Breakfasts within Heritage properties. 

The recommendations from the working group, MPC and Banff Heritage Corporation will be presented to Council who will then provide direction to administration on potential bylaw amendments. Any proposed amendments would return to Council for first reading before a Public Hearing. In addition to a Public Hearing of proposed bylaw amendments, there is opportunity for public input on agenda items at any Council or Governance and Finance Committee meetings. The details of any public meetings where the Bed and Breakfast Regulations will be discussed will be updated on this page.

If you have any questions relating to the Bed and Breakfast regulations, please contact Dave Michaels, Manager, Development Services via email dave.michaels@banff.ca.

Background

Meeting Agendas and Notes

Reference Materials (PDF)

Terms of Reference - Bed & Breakfast Working Group

1.0    COMPOSITION OF THE WORKING GROUP

1.1    The Bed and Breakfast Working Group (Working Group) shall be comprised of Ten (10) members consisting of:

  • Three (3) existing Bed and Breakfast Home operators or current Bed and Breakfast Home applicants;
  • One (1) existing Bed and Breakfast Inn owner;
  • One (1) Banff Hotel operator; and,
  • Five (5) members of the public who are not current Bed and Breakfast Home or Inn operators or current Bed and Breakfast Home Applicants. Preference will be given to those with proven experience and/or knowledge of: Banff heritage; finances and property tax; destination marketing; housing sustainability; residing adjacent to, or in close proximity of, existing Bed and Breakfast’s; and/or, development.

1.2    Should more applications be received than the number of positions available, members of the Working Group will be appointed by the Director of Planning and Development from eligible applications.

1.3    An applicant is required to meet the member criteria as specified in the application form.

1.4    Only one application per person shall be accepted.

1.5    An applicant may only apply to hold one of the member positions listed in 1.1(a) – (d).

1.6    For the purposes of this Working Group, a member who serves on another Council Committee shall be eligible for this Working Group.

1.7    The Working Group shall elect a chairperson at their first meeting.

2.0    STATEMENT OF PURPOSE

2.1    The purpose of the Working Group shall be to review and provide recommendations to the Town of Banff Council (Council), by way of a report, with respect to:

  • The maximum number of Bed and Breakfasts permitted through Schedule ‘D’ of the Land Use Bylaw;
  • Options for enforcement measures within the Land Use Bylaw for commercial accommodation in residential properties;
  • Options for additional regulations in an effort to strengthen the intent that Bed and Breakfast Homes remain an accessory use and do not negatively impact housing;
  • Options for amendments to the current regulations regarding new Bed and Breakfast Home applications for heritage properties;
  • Options for amendments to the regulations regarding Bed and Breakfast Inns;
  • Options for amendments to the relevant bylaws with regards to property tax and/or fees and renewals relating to Bed and Breakfast to explore a differential tax rate associated with Bed and Breakfasts;
  • Impacts of changes on existing Bed and Breakfasts; and,
  • Other amendments to the Land Use Bylaw related to Bed and Breakfasts.

3.0    DUTIES & POWERS

3.1    The Working Group is advisory in nature, making recommendations to Council by way of a report.

3.2    The report shall have a target date of October 1, 2019.

3.3    The chairperson and/or another Working Group member shall present the Working Group’s recommendations to Council.

3.4    All decisions and recommendations of the Working Group will endeavour to be made through a consensus based approach. Consensus does not mean a decision that is perfect for all participants. It does mean a decision that all participants can live with, and that all participants agree to support the decision. For issues where consensus cannot be reached, the majority vote will determine the final decision.

4.0    MEETINGS

4.1    The Working Group will determine the meeting schedule they require to complete their mandate.

4.2    The Working Group meetings are open to the public while allowing in camera meetings where necessary.

4.3    Any public attending the meeting,  attend as gallery to observe,  and that all discussion within the meeting take place among the working group members, with public input allowed at the discretion of the facilitator.  

5.0    LIAISON

5.1    A member/members of Planning and Development shall attend the Working Group meetings to act in an advisory capacity as a non-voting member.

5.2    A third-party facilitator will be engaged to aid the Working Group.

5.3    A member of Administration shall provide administrative support to the Working Group.

6.0    CONFIDENTIALITY

6.1    Information relating to, and discussions of, the Working Group shall remain confidential until after the report has been presented to Council.