2 years after council pitched bylaw to keep Hamilton apartments cool, city says it's still 'reviewing options'

Temperatures in Hamilton reached nearly 25 C Monday — a reminder that more hot weather is expected ahead. 

High temperatures prompted city council to direct staff in May 2023 to draft an "adequate temperature" bylaw, which would require landlords to ensure unit temperatures don't exceed 26 C. 

That spring, members of the city's public health committee heard from citizens and experts who said indoor temperatures in apartments can become dangerously hot without active cooling, which many buildings lack. At the time, committee members directed staff to develop the law in time for the 2024 budget process.

Two years later, there's no sign of that draft bylaw, leaving some tenants to wonder when and if change will come.

"The place that you call your home should be livable," said Stewart Klazinga, who's co-chair of the east-end chapter of Hamilton Acorn — a tenants' advocacy group. 

On April 28, Hamilton's public-health committee received a report on the city's overall heat response strategy, which includes the development of the "adequate temperature" bylaw, as well as subsidizing air conditioners for residents with low incomes and distributing cooling kits for hot days.

According to the report, staff made progress on several parts of the strategy in 2024, but there is "uncertainty" when it comes to the development of the bylaw "with respect to any planned activities in 2025 and beyond."

CBC Hamilton asked the city what the next step for the bylaw is, as well as a timeline on its progress. A spokesperson did not share any dates, saying the city is "reviewing options related to an adequate temperature by-law," as well as "consulting with other municipal partners to identify best practices."

Klazinga said it's frustrating to see Hamilton lagging on what advocates have said would be first-of-its-kind legislation in Canada. He's been advocating for the city to do more to address the impact of extreme heat on tenants since 2018, he said. 

City gave 140 air conditioner subsidies in 2024

While Ontario law requires landlords to heat buildings to a minimum temperature, mostly during winter, cooling is largely the responsibility of residents. And, tenants say, that responsibility can be costly. 

For that reason, Klazinga said the subsidy for air conditioning has been a positive part of Hamilton's heat strategy.

In 2024, the city said it distributed 140 air conditioner subsidies to households on social assistance and with low incomes, an expansion of a program funded by Ontario Works originally for a smaller number of residents. 

However, Klazinga said, it's worth noting that tenants often don't have access to air conditioners that are as cost-effective or efficient as their landlords might.  

Other measures the city is taking to address extreme heat include the distribution of gear including an ice pack, cooling towel and thermometer, for people with housing, and a second kit for unhoused people that includes a hat, sunscreen and water bottle. In 2024, the city said it distributed 748 so-called cool kits.

While such measures are helpful, Klazinga said, the bylaw is the most important thing the city could do because it "either eliminates or greatly reduces the need" for the other things if people's homes are cool to begin with. 

In a statement to CBC Hamilton, the city said staff are also "closely monitoring" the progress of provincial legislation Bill 230, which would amend the province's tenant laws to require landlords to provide cooling rooms, and task municipalities with enforcing those changes. The bill had its first reading in November 2024. 

"The result of the legislative review and potential change will likely impact what next steps we can take," the city said.

"Cooling rooms are better than dying," Klazinga said, but a common space is a poor substitute for being comfortable in your own home. 

He added that Bill 230 should not delay work on Hamilton's "adequate temperature" bylaw. 

Toronto working on similar bylaw

In nearby Toronto, the city is looking into a similar bylaw to the one proposed in Hamilton. 

In December, city council directed staff to prepare a report and recommendations on a framework to address "excessive indoor temperatures" in leased residences, city spokesperson Shane Gerard told CBC Hamilton in an email. 

The City of Toronto will survey the public in the summer, followed by public consultations in the fall and a report back to councillors "towards the end of 2025," Gerard said. 

Toronto already requires landlords who provide air conditioning to keep units to a maximum of 26 C and operate air conditioning from June 1 to September 30. The city also shortened the period of time in which landlords are required to heat units to a minimum of 21 C.

It's "bittersweet" to see the city across Lake Ontario making progress while Hamilton's remains uncertain, Klazinga said. "We were supposed to be the first ones to get there."

In his opinion, Klazinga said, protections from heat will eventually become the norm. Hamilton can lead, he said, or choose to follow others and only make change after tenants have continued to "suffer the consequences."

53 emergency visits for heat-related illness in summer 2024

The April Hamilton public-health committee report noted that in 2021, city research predicted the number of consecutive days in which temperatures rise above 30 C will become more frequent in coming years.

"Furthermore, research has identified increases in temperature-related deaths with future climate change impacts in Canada," the report said.

It added that in Hamilton, wards 2, 3 and 4 were identified as the areas in which people are most vulnerable to heat exposure. 

The staff report found there were 53 emergency department visits for heat-related illness among Hamiltonians between May and September in 2024. An analysis found higher rates of heat-related emergency visits among residents who lived in poorer areas.

There were an average of two hospitalizations per year for heat-related illness between May and September from 2015 to 2024. There has not been a heat-related death recorded since 2011, when there were two.