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 staff have undertaken an investigation into maximum allowable temperature regulations which includes the review of enabling legislation, existing City standards, benchmarking of comparator municipalities as well as tracking developments at the provincial level to address maximum allowable temperatures in residential rental dwellings; and,
Whereas generally, at a minimum, municipalities regulate the maintenance of buildings and respective service systems (heating and cooling) through property standards by-laws with some municipalities (including the City) taking a further regulatory step establishing adequate or minimum heat by-laws to regulate the temperatures during the colder months, in parallel with vital services standards found in Residential Tenancies Act, 2006, S.O. 2006, c. 17 (“Residential Tenancies Act”); and,
Whereas in addition to the aforementioned regulatory scope of adequate or minimum heat by-laws, some municipalities, including the City of Toronto, City of Mississauga and the Town of Ajax, have implemented regulations for maximum allowable temperatures in warmer months for residential rental dwellings with existing air conditioning systems; and,
Whereas Bill 97, Helping Homebuyers, Protecting Tenants Act (“Bill 97”) was passed by the Legislative Assembly of Ontario (“Provincial Parliament”) and received Royal Assent on June 8, 2023 (Helping Homebuyers, Protecting Tenants Act, 2023, S.O. 2023, c. 10), which enabled amendments to the Residential Tenancies Act to permit tenants to install and use a window or portable air conditioner in a rental unit where the landlord does not supply air conditioning; and,
Whereas Residential Tenancies Act amendments enabled by Helping Homebuyers, Protecting Tenants Act, 2023, S.O. 2023, c. 10 have been drafted and embedded into said Act as not-yet-in-force provision 36.1, requiring proclamation by the Lieutenant Governor of Ontario (“Lieutenant Governor”) to be put into force and law; and,
Whereas on November 27, 2024, Bill 230, Housing Equity and Rental Transparency Act, 2024 (“Bill 230”) was introduced for First Reading and heard by Provincial Parliament, which among several legislative updates, proposed amendments to the Residential Tenancies Act requiring landlords to maintain an indoor temperature of twenty-six (26) degrees Celsius or less from May 15 to September 15 in the common areas of residential rental complexes; and,
Whereas the Residential Tenancies Act amendments contemplated in Bill 230 would establish provincial regulatory standards for maximum allowable temperatures in residential rental complexes, requiring local municipalities to appoint inspectors for the purposes of compliance and complaint response with the authority to compel landlords to complete remedial work to comply with established maximum allowable temperature standards; and,
Whereas while Bill 230 was ordered for Second Reading and debate, the dissolution of Provincial Parliament on January 29, 2025 and subsequent election on February 27, 2025 began a new sitting of Provincial Parliament, with bills not receiving Royal Assent in the previous sitting not being scheduled for further proceedings, unless reintroduced by Provincial Parliament; and,
Whereas should the Lieutenant Governor proclaim Residential Tenancies Act not-in-force provisions 36.1 into force and law, and the Provincial Government address previously proposed provincial regulatory standards contemplated in Bill 230, there would be a clearer legislative environment to advise and report on potential municipal regulatory frameworks pertaining to maximum allowable temperatures in residential rental dwellings;
Therefore be it resolved that based on Item SF-25-30 dated May 7, 2025 concerning maximum temperature regulations and provincial legislation:
- That the Lieutenant Governor be requested to proclaim Residential Tenancies Act, 2006, S.O. 2006, c. 17 not-in-force provisions 36.1 into force and law, pursuant to Helping Homebuyers, Protecting Tenants Act, 2023, S.O. 2023, c. 10; and,
- That the Provincial Government be requested to address the previously proposed provincial regulatory standards contemplated in Bill 230 Housing Equity and Rental Transparency Act, 2024, specifically the proposed amendments to Residential Tenancies Act, 2006, S.O. 2006, c. 17 to regulate the indoor air temperature of common areas in residential complexes; and,
- That staff be directed to track the ongoing developments with provincial legislation related to maximum allowable temperatures in residential rental dwellings and report back 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.
Carried by later vote.