Item - 2024.EC17.1

The Economic and Community Development Committee recommends that:

1. City Council request the Deputy Ombudsman (Housing) to provide updates on Ombudsman Toronto's Housing Unit's Housing Rights Framework at each Housing Rights Advisory Committee meeting in 2025.

2. City Council request the City Manager to report to the January 28, 2025 meeting of the Executive Committee on the original functions of a Housing Commissioner as set out in City Council decision 2019.PH11.5 with respect to:

a. the review and assessment of systemic issues and hurdles in the implementation of the revised Toronto Housing Charter and HousingTO 2020-2030;

b. providing expertise on housing as a human right;

c. making recommendations to City Council; and

d. providing advice to the public service to the City Manager, Deputy City Managers, and relevant divisions.

City Council on July 24 and 25, 2024, referred Item CC20.3 to the Economic and Community Development Committee for consideration. 

Summary from the report (July 17, 2024) from the Ombudsman on Ombudsman Toronto Housing Unit Status Report 2024.

Pursuant to section 170(2) of the City of Toronto Act, 2006 (COTA), the purpose of this report is to provide City Council with a status report describing the activities of Ombudsman Toronto’s Housing Unit since its creation in July 2023. In less than a year, the Housing Unit has been fully staffed, developed its infrastructure, launched two investigations, provided consultations to City staff, and met with more than 170 people through their engagement work. Notably, the Housing Unit has also developed a framework that uses the concept of housing as a human right to guide their investigations, the first of its kind for an Ombudsman organization in Canada.

At its meeting on September 23, 2024 the Housing Rights Advisory Committee considered Item HS3.3 and made a recommendation.

Summary from the presentation (September 13, 2024) from the Acting Deputy Ombudsman (Housing):

Luke Brown, Acting Deputy Ombudsman (Housing) will present Housing Unit’s Status Update, which overviews the Unit’s activities since its inception in July 2023. This will be followed by a presentation on the Unit’s Housing Rights Framework.

On July 24, 2024 (2024.CC20.3), City Council referred the Ombudsman Toronto Housing Unit Status Report 2024 to the Economic and Community Development Committee (ECDC) for consideration.

At its meeting on October 23, 2024 (2024.EC16.7), ECDC deferred consideration of the item to the November 26, 2024 ECDC meeting. This report responds to direction from 2024.EC16.7 that requested the City Manager, in consultation with the City Solicitor, to advise on the statutory powers, obligations, and any limitations related to the Office of the Ombudsman as an accountability officer that may exist in the fulfillment of the functions set out by City Council decision 2019.PH11.5.

In December 2019, City Council directed the City Manager to establish the role or function of a Housing Commissioner to perform the functions of independently assessing implementation of the revised Toronto Housing Charter and the HousingTO 2020-2030 Action Plan and ensuring that the City, within its legislative authorities, and through implementation of various programs and policies, is taking concrete actions to combat systematic housing discrimination and address systemic hurdles in the housing system.

In July 2022, City Council approved a number of actions to achieve Council's housing goals which included a request to the Toronto Ombudsman to consider the findings of the City Manager's report to Council (2022.EX34.7) and identify resources or structure required for their Office, including a potential role of Deputy Ombudsman, Housing, to focus specifically on housing by leveraging the role of the Office to undertake systemic reviews, investigations and provide independent advice to City Council.

In response, City Council adopted with amendments, the recommendations from Ombudsman Toronto on the "Review and Consideration for a Housing Commissioner Role or Function at Ombudsman Toronto" on March 29, 2023 (2023.DM5.2), which established the role of Deputy Ombudsman, Housing and a dedicated unit to focus on investigations and reports related to systemic housing discrimination and systemic hurdles in the City of Toronto’s housing planning and service delivery roles.

As an independent officer of Toronto City Council, the role of the Ombudsman is to impartially investigate City decisions, acts and omissions from an administrative fairness perspective. The Ombudsman’s jurisdiction and mandate come from the City of Toronto Act, 2006 and the Toronto Municipal Code, Chapter 3. The legislation provides Ombudsman Toronto with investigative powers and protections that allow the office to carry out its mandate independently.

This report shares the City Manager's review of the statutory powers and obligations of Ombudsman Toronto which, in consultation with the City Solicitor, did not identify limitations that would impact the fulfillment of Ombudsman Toronto's mandate to undertake reviews, investigations and provide independent advice to City Council, as part of the actions approved by Council to achieve the City's housing goals.