Mr. Compeau introduced the report.
Councillor Chaves thanked staff for the report. He asked if the amendments also included window air conditioners that a landlord would supply. Mr. Compeau explained that the definition staff used was for central air system. He noted that portable air conditioners were currently not included but that staff were reviewing it. He further noted that staff's definition covered the entire residence and not a single room.
Councillor Ridge expressed his support for the amendments. He asked for an explanation on why the City could not mandate a requirement for air conditioning in residential rental units. He noted that the report's discussion on advocacy to the province regarding a mandate for a maximum temperature and asked for an update. Ms. Morley explained that the City did not have a direct mandate to legislate air conditioning as both the Ontario Building Code and the Residential Tenancies Act, 2006 only require the landlord to provide heating. She confirmed that City staff are advocating to the province to include air conditioners as a vital service that landlords must provide to tenants. Mr. Compeau stated that the heat action plan includes more details regarding maximum temperatures.
Councillor Tozzo asked if any feedback had been received from other municipalities like Hamilton or Toronto regarding this issue. Ms. Morley explained that while Hamilton had passed a motion on the issue in 2023, nothing has come forward as of the writing of the report. She noted that Toronto was currently researching the jurisdictional issues and would be reporting to their Council before the end of the year.
Councillor Hassan noted that many of the newer and larger buildings in Kingston have central air conditioning systems and asked if there has been any concern raised from residents that units are not being cooled. He further stated that units on higher floors would likely be warmer. He inquired how the changes in the by-law would help residents. Mr. Compeau explained that one of the major changes in the by-law would be how staff would measure heat in the units. He stated that staff would be measuring temperatures in the middle of the room away from things that might influence it like indirect sunlight or an oven being on.
The Chair provided an opportunity for members of the public to speak.
Tara Kainer noted that many of her questions had been asked by the Committee. She stated that the proposed changes would leave many tenants not covered. She asked if there was anything a tenant could do if they attempted to install an air conditioner and their landlord prevented it.
Frank Dixon asked if staff had a plan in place to ensure that more people knew about the changes for next year. He further asked if additional staff would be needed to enforce the changes due to the number of older dwellings. He thanked staff for their work on the amendments.
In response to the public comments Mr. Compeau explained that staff will be reviewing the changes over the course of the year and see what needs to be updated. He noted that portable air conditioners cannot cool an entire unit. He stated that once Council gave its approval to the changes that staff would be communicating this change as widely as possible. Mr. Mothersell noted that any additional staff would be added only if the changes to the policy significantly changed the workload on the current staff.