Item - 2025.IE20.12

The Infrastructure and Environment Committee:

1. Directed the Chief Building Official, in consultation with Executive Director, Municipal Licencing and Standards and other relevant divisions to report back to the Infrastructure and Environment Committee in the first quarter of 2026 on a plan to reduce dust from commercial and multi-residential construction and demolition, including:
 

a. the feasibility of amending Chapter 363 of the Municipal Code to permit the Chief Building Official to revoke building and demolition permits when permit holders fail to implement adequate attenuating measures to prevent dust; and
 

b. the feasibility of amending the existing Dust By-law (Chapter 417 of the Municipal Code) to include multi-residential and commercial construction and residential demolition permits to allow enforcement against owners who fail to take the preventative measures against dust as described in § 417-2.2 paragraph B.

2. Requested the Chief Building Official and Executive Director, Toronto Building, in consultation with the Executive Director, Municipal Licensing and Standards, to consider options to enhance communications with building permit applicants about by-law requirements to limit dust, and measures to mitigate impacts on neighbouring properties, including providing more detailed guidance at the time of building permit issuance.

Provincial legislation permits Toronto Public Health to undertake enforcement against dust that causes a health hazard. Toronto Building is responsible for nuisance dust, or dust that is not considered a health hazard. When construction or demolition blankets neighbourhoods with nuisance dust, Toronto Building’s strongest means of recourse is currently to give developers a stern request to implement dust control measures. As many of my constituents affected by recent construction and demolition will attest, that is unacceptable. Nuisance causes shortness of breath, eye irritation, and, especially for asthmatic residents, potentially life-threatening long-term respiratory issues. Moreover, it inconveniences property owners with increased cleaning and filter replacement costs.

This motion seeks to explore giving the Chief Building Officer stronger enforcement powers against property owners who flout their responsibility to the community by failing to implement adequate dust control measures. Potential enforcement options include revoking demolition or building permits or imposing penalties under the existing Dust By-law, which currently does not apply to multi-residential construction or demolition.

Some amount of dust from construction or demolition is inevitable, and my motion recognizes this by preserving the existing exception in the Dust By-law for owners that implement dust control measures. Yet it is clear from the images sent to me by constituents of cars and homes being covered in dust and stories of asthmatic residents struggling to breathe that property owners, and the City, must do better.