September 21, 1999
To:Planning and Transportation Committee
From:H.W.O. Doyle
City Solicitor
Subject:Retirement and Lodging Homes
Purpose:
To report on the legal status of the former City of Toronto and City of Etobicoke Rooming House/ Lodging House by-laws
and the enforcement of these by-laws outside the boundary areas of these former area municipalities.
Funding Sources, Financial Implications and Impact Statement:
None
Recommendation:
1. That this report be received for information.
Council Reference/Background/History:
At its meeting held Monday September 13, 1999, the Planning and Transportation Committee requested the City Solicitor
to report back to the Committee at its next meeting, October 4, 1999 on:
(a)appropriate draft by-laws that would extend, to the newly amalgamated City of Toronto, the enforcement powers that
presently exist in the former Cities of Toronto and Etobicoke with respect to the Personal Care Rooming House By-law
and the Lodging House s By-law;
(b)the ability of the City of Toronto to extend, to the newly amalgamated City of Toronto, powers that were granted to a
former municipality by way of special legislation, and the process for enacting such extensions.
Comments and/or Discussion and/or Justification:
The City of Toronto Act, 1997 provides that the amalgamated City of Toronto has every power and duty of an old
municipality or old council under any public or private act (such as special legislation), in respect of the part of the urban
area to which the power or duty applied before amalgamation. The Act also provides that a by-law of an old council that
was in force prior to amalgamation is deemed to be a by-law of the amalgamated City of Toronto. However, any such
by-law remains in force only with respect to the urban area to which it applied. Accordingly, special legislation obtained by
the City of Toronto for the Rooming House by-law cannot be extended across the newly amalgamated city.
For many years the Municipal Act included a provision which authorized municipalities to pass by-laws for licensing,
regulating and governing lodging houses and the keepers of lodging houses, and for revoking any such licence. This section
of the Municipal Act was repealed in 1996. However, a new Part was added to the Municipal Act, also in 1996, giving
municipalities general licensing powers. A local municipality may by by-law provide for the licensing and regulation of
any business carried on in the municipality. The broad powers respecting licensing that were given to municipalities now
stand in place of many of the more specific powers, such as the lodging home provisions, that were repealed.
In the former City of Toronto, Chapter 285 of the Municipal Code, Rooming Houses, was enacted pursuant to authority
under the Municipal Act and pursuant to special legislation. This Chapter is divided into two sections. One deals with
Personal-Care Rooming Houses and the other addresses licensing issues. This Chapter of the Municipal Code remains in
effect and pursuant to the aforementioned provisions of the City of Toronto Act, continues to be enforceable but only
within the boundaries of the former City of Toronto.
The former City of Etobicoke also regulated Rooming Houses. Chapter 166 of the Etobicoke Municipal Code, titled
Lodging Houses, was enacted pursuant to authority under the Municipal Act. Like the City of Toronto, the Lodging House
provisions continue to be in force but only with respect to the boundaries of the former City of Etobicoke.
From a legal perspective, the development of a city wide rooming house/lodging house by-law will be a complex task
given the complicated jurisdictional issues. It is my understanding that a multi- disciplinary work group, comprised of staff
from public health, fire, ambulance, housing, licensing and legal, will be established under the direction of the
Commissioner of Community Services to examine rooming house/lodging house issues with a view to developing a
framework for a draft by-law.
Conclusions:
The Municipal Code Chapters of both the former Cities of Toronto and Etobicoke respecting Rooming Houses and
Lodging Houses continue be in force. However, they are only enforceable within the boundaries of these former cities. The
special legislation obtained by the former City of Toronto with respect to licensing rooming houses continues to apply, but
only with respect to the former City of Toronto. Specific legislative authority in the Municipal Act respecting lodging
houses has been replaced by broadly worded licensing provisions. A multi-disciplinary work group will be established to
develop a framework for a rooming house/lodging house by-law for the amalgamated City of Toronto. Complex legal
issues will have to be taken into consideration.
Contact Name:
Jane Speakman
Tel: 392-1563
H.W.O. Doyle
City Solicitor
Legal Services
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