Item - 2024.PH17.5

The Planning and Housing Committee recommends that:

1. City Council amend Toronto Municipal Code, Chapter 497, Heating to:

a. Revise the date range in § 497-1.2 A to require the landlord to ensure that minimum temperature of 21°C is maintained in all areas of the dwelling unit from "October 1 in each year to May 15 in the following year" instead of "September 15 in each year to June 1 in the following year".

2. City Council amend Toronto Municipal Code, Chapter 629, Property Standards to:

a. Revise the date range in § 629-38 F to require all air-conditioning systems be operated from "June 1 to September 30" for dwelling units equipped with air conditioning provided by the property owner, instead of "June 2 to September 14”.

3. City Council direct the amendments in Recommendation 1 and 2 come into effect on April 30, 2025.

4. City Council direct the Executive Director of Municipal Licensing and Standards, in consultation with the Medical Officer of Health, the Executive Director, Environment & Climate and relevant City divisions and external stakeholder groups, to report back by Q4 2025 with implementation considerations and recommended next steps to implement a health-based maximum indoor temperature standard of 26°C for leased residential premises and cooling rooms.

5. City Council request that the Province of Ontario amend the Residential Tenancies Act, 2006 to introduce a maximum temperature standard of 26°C for all leased residential premises and include cooling as a vital service to ensure thermal safety protections are available to tenants.

6. City Council request that the Province of Ontario proclaim Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023 into force to strengthen tenants' rights to access cooling in leased residential premises and examine additional measures to support vulnerable and low-income tenants with associated cooling costs.

7. City Council request the Minister of Municipal Affairs and Housing amend the Ontario Building Code to address overheating in new dwellings by introducing a requirement to limit the maximum indoor air temperature in summer and support the health and well being of occupants.

Like many cities around the world, Toronto is experiencing the effects of climate change with more frequent and extended heat events taking place outside of seasonal norms. Excessive indoor temperatures are a particular concern for tenants living in leased residential premises without air conditioning, or other cooling equipment such as heat pumps, who are at higher risk of heat-related health impacts. These impacts are intensified in multi-unit residential buildings and broadly in built-up urban environments with limited greenspace.

The City regulates indoor temperatures in leased residential premises through Toronto Municipal Code Chapter 497, Heating and Chapter 629, Property Standards. In the short term, heat-related impacts on residents are being managed through existing City measures such as the Heat Relief Strategy and Heat Relief Network, and in the longer term through policy and program initiatives spanning several City Divisions to support building improvements and enhancing the climate resilience of Toronto's aging housing stock.

This report outlines the City’s preliminary actions to address excessive indoor temperatures and is the first in a phased reporting approach to address this complex policy challenge. Building on existing measures, this report responds to City Council direction (2023.MM7.8) and endorses establishing a maximum indoor temperature standard of 26°C to protect tenant health from excessive heat, with implementation considerations and next steps to be outlined in a Q4 2025 staff report. This phased approach will allow for comprehensive stakeholder engagement in 2025 and will be informed by technical findings from a C40 Cities project examining the issue in Toronto and other large North American cities.

This report also recommends amending Chapter 497, Heating and Chapter 629, Property Standards to adjust the dates when heating and cooling equipment must be turned on and off to proactively address indoor temperatures in the shoulder seasons (i.e. May/June, September/October). The changes are recommended to come into effect on April 30, 2025, prior to the 2025 heat season.

This report also includes an update on the status of relevant Council directives and outlines actions taken to enhance the City's data on indoor temperature. The recommendations are informed by an analysis of climate and service request data, a review of public health research, engagement with residents, property owners and subject matter experts and a review of municipal regulations and provincial legislation.

Staff are committed to addressing excessive indoor temperatures while balancing the City’s climate and housing objectives to transition to net-zero energy systems, ensure vital services are maintained, and limit potential impacts on rental housing availability and/or affordability.

This report was developed by Municipal Licensing and Standards, Toronto Public Health, and Environment and Climate with input from the Customer Experience Division, City Planning, Toronto Building, Toronto Emergency Management, Toronto Employment and Social Services, and the Housing Secretariat.