City enacts Ontario’s first Adequate Temperature Bylaw

HAMILTON, ON – Hamilton City Council has approved a pilot program for a new Adequate Temperature Bylaw in Downtown Hamilton, a first-of-its-kind initiative in Ontario designed to help protect renters from unsafe indoor temperatures during periods of extreme heat.

Developed through public engagement and consultation with community groups, apartment associations and environmental experts, the Adequate Temperature Bylaw is set to be piloted from June 1, 2027 to September 15, 2028.

With the rise in extreme heat events due to climate change, the bylaw helps to protect health and wellbeing of tenants

As extreme heat events become more frequent due to climate change, the City is continuing to explore ways to strengthen community resilience and support residents who may be most vulnerable to heat-related illness. The pilot program builds on Hamilton's existing heat response measures, including public heat alerts, cool-place resources and existing requirements related to landlord-provided air conditioning.

“We recognize the significance of addressing the impacts of extreme heat on Hamilton residents and want to take a thoughtful approach to implementing this groundbreaking bylaw,” said Mike Zegarac, Interim City Manager. “Starting with a pilot in an area with some of the highest number of rental properties in Hamilton allows the City to gather observational data, evaluate impacts on renters and landlords and ensure future programs and Council decisions are informed by evidence, practical experience and community needs. The City is grateful to the many residents and community groups whose continued engagement over the past years helped shape this program."

What renters and landlords can expect

• The pilot is scheduled to begin June 1, 2027, allowing time for education and outreach before implementation.
• Landlords will be required to keep at least one habitable space in a rental unit at or below 26°C between May 15 and September 15 each year.
• The City will provide information and guidance to renters and landlords ahead of the pilot launch.
• An exemption process will be available where compliance is not feasible due to building or infrastructure limitations.
• The pilot will help the City assess costs, impacts and implementation challenges before considering a broader program.

Strengthening measures to address extreme heat

Over the coming decades, climate science projections indicate that the City of Hamilton will experience more days above 30 C each year, heat waves that last longer, and more tropical nights when the temperature remains above 20 C. Health Canada guidance recommends an indoor temperature limit of 26 C for older adults during periods of extreme heat. 

Currently, the City's existing Property Standards Bylaw requires landlord-provided air conditioning to be in a state of good repair and capable of maintaining a temperature of 26 C or below during the summer months. The Adequate Temperature Bylaw goes a step further by establishing a maximum indoor temperature standard in rental units and requiring landlords to provide cooling measures to achieve that standard, subject to specified exemptions.

Hamilton leading the way on indoor temperature standard

While the Government of Ontario has taken steps to expand access to cooling in rental housing, there is currently no provincial maximum indoor temperature standard for rental units. At the same time, municipalities across Canada are in various stages of exploring indoor cooling provisions in their bylaws, although a fully functional standard has not yet been established. 

The pilot program will help the City evaluate the effectiveness of a municipal temperature standard, identify implementation considerations and inform future decisions about a potential city-wide approach.

Quick facts

• The Adequate Temperature Bylaw pilot in Downtown Hamilton will run from June 1, 2027 to September 15, 2028, allowing the City to collect data over two full summer seasons.
• Downtown Hamilton was selected because of its high concentration of rental housing and elevated heat vulnerability. The 2021 Federal Census shows that nearly 80 per cent of those who live in this area rent their homes.
• The Downtown area (also known as Ward 2) is an urban ward situated in the centre of the city below the Niagara Escarpment (often referred to as the Mountain). Bordered by the Escarpment to the south, Hamilton Harbour to the north, Queen Street to the west and Wellington Street North to the east connecting to Claremount Access.
• Approximately 15,800 rental units in the area could fall within the scope of the pilot.
• The Bylaw will be enforced on a reactive, complaint basis, with Officers responding to concerns similar to other bylaw complaints.
• Staff will report back to Council following the pilot with recommendations regarding a potential citywide program.

Additional resources

• Staff Report: PED26074 Development of an Adequate Temperature By-law and Pilot Program in Ward 2 
• Web page: hamilton.ca/indoortemp