Maximum heat law in Ottawa presents ‘complex legal, affordability challenges’: Staff

A window air conditioning unit in this undated photo. (Pexels)

City of Ottawa staff warn that implementing a maximum temperature bylaw to protect tenants from unsafe indoor temperatures during the summer could present “complex legal, technical and affordability challenges.”

Over the summer, tenant advocacy group ACORN called on the city to implement a bylaw that caps indoor temperatures during the summer at 26 C. Ottawa Centre NDP MPP Catherine McKenney plans to introduce a motion at Queen’s Park this fall to cap apartment temperatures at 26 C, so renters aren’t left sweating in hot and humid conditions.

Under the Residential Tenancies Act, air conditioning is not considered a vital service and landlords are not required to provide air conditioning.

In response to an inquiry from Coun. Marty Carr, Ottawa’s Community and Social Services general manager Clara Freire says establishing a maximum indoor temperature threshold could be “subject to legal challenge.”

“Imposing a maximum indoor temperature standard at the municipal level could lead to increased fit-up costs being passed down to tenants, raising concerns around housing affordability,” Freire writes.

“Retrofitting older buildings, especially those lacking centralized ventilation systems or with heritage designations, may be technically or economically unfeasible. There is also a risk that implementing such a standard could contribute to a reduction in rental housing supply, as some properties may be vacated or redeveloped instead of retrofitted.”

The City of Ottawa currently mandates landlords maintain heating at 20 C during the day in colder months but has no regulation setting a maximum temperature during the summer.

Freire says staff recommend any consideration of a maximum temperature regulation be pursued through the Bylaw Review Framework.

“This approach would ensure comprehensive evaluation of legal, technical, and operational implications,” Freire writes, noting the review would look at the potential economic impact on both tenants and landlords and the feasibility of retrofitting older rental buildings.

Staff are suggesting the city explore non-regulatory approaches to offer more immediate and equitable relief for tenants in the summer, including financial incentives to support voluntary retrofits by landlords and pushing for provincial amendments to the Building Code to address “livable indoor temperatures in future developments.”

“While protecting tenants from extreme heat is a critical health concern, implementing a maximum temperature bylaw presents complex legal, technical, and affordability challenges,” Freire said.

“This issue is not currently included in the Term of Council’s Bylaw Review Workplan. However, if Council wishes to pursue this direction, staff recommend it be considered as part of the next Bylaw Review Workplan, where it can be properly prioritized.”