Adequate heat bylaw

This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.

For any questions related to this bylaw contact 519-747-8785 or municipalenforcement@waterloo.ca

Bylaw number: 2017 - 001
Last passed by council: March 13, 2017

A bylaw to regulate adequate heat in rental dwellings in the City of Waterloo

Definitions
Inspection and enforcement
Owner responsibility
Order
General provisions
Remedial action
Obstruction
Enforcement
Compliance with other bylaws
Severability
Repeal

Whereas the Municipal Act, 2001, S 0. 2001, c. 25, s. 8,provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality 's ability to respond to municipal issues;

And whereas the Municipal Act, 2001, S. 0. 2001, c. 25, s. 9, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority;

And whereas the Municipal Act, 2001, S. 0. 2001 c. 25, s. 11, gives the municipality broad authority to pass bylaws respecting the health, safety, and well-being of persons.

Therefore the municipal council of the corporation of the City of Waterloo enacts as follows:

1.0 Definitions

"adequate and suitable heat" means that the minimum temperature of the air in the dwelling unit shall be 21 degrees Celsius (21 °C).

"City" shall mean The Corporation of the City of Waterloo and, where the context allows, shall include its agents and employees.

"dwelling unit" means one or more habitable rooms designed and intended for human habitation.

"officer" shall mean a bylaw enforcement officer, or a municipal law enforcement officer of the City.

"owner'' includes the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his own account or as agent or trustee or any other person or who would so receive the rent if such land and premises were let.

2.0 Inspection and enforcement

(a) Every officer shall be authorized to enforce the provisions of this Bylaw.

(b) Every officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether the provisions of this Bylaw are being complied with.

(c) Entry by an officer, to a dwelling unit, shall be in accordance with the provisions of section 437 of the Municipal Act, 2001, S 0. 2001, c. 25.

(d) Every officer may require information from any person concerning a matter related to the inspection, in accordance with section 436 of the Municipal Act, 2001, S.0. 2001, C. 25.

(e) Every officer may, in writing, extend any of the time frames for compliance in this Bylaw where it is reasonable in the circumstances to do so.

3.0 Owner responsibility

(a) Every owner of a dwelling unit which is rented or leased and which is to be heated by or at the expense of the owner shall provide the dwelling unit with adequate and suitable heat at the owner's expense.

(b) Every owner served with an order pursuant to section 4(a) of this bylaw shall comply with the order.

4.0 Order

(a) An officer who believes a contravention of this bylaw exists,.may make an order to require the owner to take measures to ensure that adequate and suitable heat is provided to the dwelling unit.

(b) An order shall set out the deadline by which the contravention shall be rectified.

5.0 General provisions

Space heaters shall not be used as a heat source for the purposes of obtaining compliance with the provisions of this bylaw except:

(a) on a temporary basis as reasonably necessary; and

(b) where powered solely by electricity.

6.0 Remedial action

If a person fails to do a matter or thing, including to comply with an order under this bylaw, as directed or required by this bylaw, the City may, in default of it being done by the person directed or required to do it, do the matter or thing at the person's expense. The City may recover the costs of doing a matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.

7.0 Obstruction

a) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Bylaw.

b) A refusal of consent to enter or to remain in a room or place actually used as a dwelling does not constitute hindering or obstruction within the meaning of s. 7(a) unless the officer is acting under a warrant under Section 439 of the Municipal Act, 2001, or in the circumstances described in clauses 437(d) or (e) of the Municipal Act, 2001.

8.0 Enforcement

a) Every person, other than a corporation, who contravenes any provision of this Bylaw is guilty of an offence and is liable, upon conviction, to a fine not exceeding Five Thousand Dollars ($5,000), exclusive of cost.

b) Every corporation who contravenes any provision of this Bylaw is guilty of an offence and is liable, upon conviction, to a fine not exceeding Fifty Thousand Dollars ($50,000), exclusive of costs.

c) A director or officer of a corporation who knowingly concurs in the contravention of this bylaw by the corporation is guilty of an offence and is liable, upon conviction, to a fine in accordance with s. B(a) or (b).

9.0 Compliance with other bylaws

Compliance with this bylaw shall not relieve any person from compliance with any other City bylaw.

10.0 Severability

Each and every of the provisions of this Bylaw is severable and if any provision of this Bylaw should for any reason be declared invalid by any court, it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect.

11.0 Repeal

a) Bylaw 3329 of the City, as well as any amendments thereto, is hereby repealed.

b) Chapter 732 of the City of Waterloo Municipal Code, as well as any amendments thereto, is hereby repealed.

This bylaw shall come into force and effect on the date of its final passing.

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