That the Safety and Facilities Services Committee recommend to City Council:
Whereas on June 10, 2024, Safety and Facilities Services Committee (“Committee”) was presented with correspondence Item SF-24-32 from Laura Barton requesting that the City of Oshawa (“City”) implement a by-law and standards to regulate maximum allowable temperatures in residential rental dwellings; and,
Whereas on June 24, 2024, City Council (“Council”) referred Item SF-24-32 and additional correspondence (Item CNCL-24-97) to staff with direction to explore, examine and report back to the Committee with a detailed review of the City’s ability to regulate maximum temperatures; and,
Whereas on May 12, 2025, Committee presented Item SF-25-30 which provided detail on regulatory frameworks for maximum heat in dwellings, including vital services standards found in Residential Tenancies Act, 2006, S.O. 2006, c. 17 (“R.T.A.”), along with developments at the provincial level to address maximum allowable temperatures; and,
Whereas on May 26, 2025, City Council directed staff (SF-25-30) to:
- request the Lieutenant Governor be requested to proclaim R.T.A. not-in-force provisions 36.1 into force and law, pursuant to Helping Homebuyers, Protecting Tenants Act, 2023, S.O. 2023, c. 10;
- request that the Provincial Government address the previously proposed provincial regulatory standards contemplated in Bill 230 Housing Equity and Rental Transparency Act, 2024, specifically the proposed amendments to R.T.A. to regulate the indoor air temperature of common areas in residential complexes; and,
- track the ongoing developments with provincial legislation related to maximum allowable temperatures in residential rental dwellings and report back on direction received from SF-24-32 to the Safety and Facilities Services Committee in Q1 2026 or sooner, should the Provincial Government provide clearer legislative direction for the cooling of air in residential rental settings;
Whereas staff actioned City Council’s direction (SF-25-30) by submitting a request to the Lieutenant Governor and the Provincial Government on September 25, 2025 and have undertaken a review of maximum allowable temperature regulations, including an examination of enabling legislation, existing City standards, benchmarking of comparator municipalities, and ongoing developments at the provincial level related to maximum indoor temperatures in residential rental dwellings; and,
Whereas municipalities typically regulate building maintenance and associated systems, including heating and cooling, through property standards by-laws; and,
Whereas only a limited number of municipalities, including the City of Toronto and the Town of Ajax, have introduced provisions addressing maximum indoor temperatures in residential rental dwellings, generally where air conditioning systems are provided; and,
Whereas staff have been regularly monitoring S. 36.1 of the R.T.A. related to maximum allowable temperatures in residential rental dwellings and sent correspondence to the Provincial Government and the Lieutenant Governor of Ontario in September 2025, contacted staff from the Ministry of Municipal Affairs and Housing (M.M.A.H.) in December 2025, and March 2026; and,
Whereas as of March 2026, S.36.1 of the R.T.A. has not been proclaimed and accordingly the applicable standards are not in effect; and,
Whereas staff received responses from the Lieutenant Governor and staff from the M.M.A.H. informing the City that the decision to proclaim S. 36.1 of the R.T.A. into law is the decision of the Executive Council of Ontario (i.e., Cabinet of Government of Ontario) and that no update regarding the date of proclamation could be provided at this time; and,
Whereas the health risks associated with extreme heat are not unique to individual municipalities and are felt across the province and provides an opportunity for the provincial government to take action; and,
Whereas staff will continue to monitor developments with provincial legislation related to maximum allowable temperatures in residential rental dwellings;
Therefore, be it resolved that Item SF-26-15 dated April 8, 2026, related to maximum heat regulations be received for information.