Homelessness and Request for

Declaration of Disaster

The Community and Neighbourhood Services Committee recommends the adoption of the recommendation of the Council Strategy Committee for People Without Homes embodied in the following communication (July 7, 1998) from the City Clerk:

The Council Strategy Committee for People Without Homes on July 6, 1998, had before it a report dated June 29, 1998, from the Commissioner of Community and Neighbourhood Services, providing an overview of Provincial and Federal emergency legislation and the City of Toronto emergency by-law along with a discussion of why homelessness cannot be addressed under their criteria.

The Council Strategy Committee for People Without Homes concurred with the report dated June29, 1998, from the Commissioner of Community and Neighbourhood Services, such report containing the following recommendations:

"It is recommended that:

(1)Council urge the Province of Ontario and the Government of Canada to establish policies, programs and funding practices which support and augment the City of Toronto's range of strategies for addressing the homeless crisis;

(2)Council approach the Ontario Realty Corporation regarding use of provincially owned properties by the municipality for the development of hostels;

(3)Council appeal to the Province to return to the practice of funding non-residents at the previous rate of 100 percent for the first year of residency in Ontario thereby reducing the costs to the municipality for both hostel accommodation and social assistance benefits;

(4)Council encourage the Province to assist all municipalities in developing resources, such as hostels, which allow people the option of remaining in their home community and effectively reduce costs to Toronto for both hostel accommodation and social assistance benefits;

(5)Council approach the Federal Treasury Board, Canada Lands Corporation, the Ministry of National Defence and any other relevant ministries regarding the use of Federally owned properties by the municipality for the development of hostels;

(6)Council authorize City officials to work with the Toronto Real Estate Board in locating appropriate hostel sites in the private rental market;

(7)Council continue to work with the Federation of Canadian Municipalities to bring in senior levels of government to develop a national housing policy; and

(8)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto."

(Report dated June 29, 1998, addressed to theCouncil Strategy Committee for People Without Homes,from the Commissioner of Community and Neighbourhood Services)

Purpose:

To report on Provincial and Federal emergency planning legislation, precedents of Provincial and Federal relief for emergency shelter and housing and the capacity of the new City of Toronto, emergency plan by-law to respond to needs of people who are homeless in Toronto, as requested at the May 11, 1998, meeting of the Council Strategy Committee for People Without Homes.

Financial Implications:

There are no immediate financial implications for the City. Costs to the municipality of potential partnerships with the Provincial or Federal governments for hostel development would need to be determined on a project by project basis by the Community and Neighbourhood Services Department.

Recommendations:

It is recommended that:

(1)Council urge the Province of Ontario and the Government of Canada to establish policies, programs and funding practices which support and augment the City of Toronto's range of strategies for addressing the homeless crisis;

(2)Council approach the Ontario Realty Corporation regarding use of provincially owned properties by the municipality for the development of hostels;

(3)Council appeal to the Province to return to the practice of funding non-residents at the previous rate of 100 percent for their first year of residency in Ontario thereby reducing the costs to the municipality for both hostel accommodation and social assistance benefits;

(4)Council encourage the Province to assist all municipalities in developing resources, such as hostels, which allow people the option of remaining in their home community and effectively reduce costs to Toronto for both hostel accommodation and social assistance benefits;

(5)Council approach the Federal Treasury Board, Canada Lands Corporation, the Ministry of National Defence and any other relevant ministries regarding the use of Federally owned properties by the municipality for the development of hostels;

(6)Council authorize City officials to work with the Toronto Real Estate Board in locating appropriate hostel sites in the private rental market;

(7)Council continue to work with the Federation of Canadian Municipalities to bring in senior levels of government to develop a national housing policy; and

(8)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

At the May 11, 1998, meeting of the Council Strategy Committee for People Without Homes, the Committee heard from Cathy Crowe, a nurse from the Queen West Community Health Centre, regarding the homelessness crisis in Toronto. Ms. Crowe advised the City of Toronto to consider Toronto's crisis of homelessness a disaster for the purposes of receiving emergency Federal relief. This recommendation is predicated on several factors characterizing homelessness in Toronto which include the serious overcrowding of daytime and overnight shelters, a 38 percent tuberculosis infection rate among the homeless, clusters of freezing deaths by people living on the street, a rise in overall morbidity including malnutrition, the spread of infectious diseases and a rise in homeless deaths.

Despite efforts by the City to address this issue, Ms. Crowe maintains that the municipal response is insufficient, and further, that the City does not have the capacity to effectively or exclusively deal with either the emergency shelter needs of the homeless or longer term needs such as access to affordable housing. Given these limitations, Ms. Crowe urges City Council to seek immediate relief from senior levels of government for the provision of emergency shelter and the creation of low-cost housing.

Discussion:

Emergency Planning Legislation:

The responsibility for declaring and responding to an "emergency" rests with the jurisdiction wherein the emergency occurs. As such, municipalities are responsible for situations arising at the local level. The municipality must alert the Province once an emergency has been declared. The municipality is then able to draw upon Provincial support but not until municipal resources for dealing with the emergency have been depleted. The Province in turn can appeal to the Federal government for aid once its resources have been exhausted (see Appendix I for summary of emergency legislation).

Declarations of emergencies are made in situations which "constitute a danger of major proportions to life or property." A recent example of a municipally declared emergency was in response to the devastating ice storms in eastern Ontario this past winter. Homelessness, while arguably a critical issue for Toronto, does not meet the criteria for an emergency as it does not affect a significant majority of the population. Furthermore, governmental responses to emergency situations are meant to be temporary in nature and are designed to provide short-term emergency responses. Homelessness is an ongoing, systemic issue which cannot be resolved with a few days or weeks of intervention but rather requires long term, sustainable solutions.

The Homeless Crisis in Toronto:

Estimating the number of people who are homeless is difficult to do with any degree of accuracy. However, we do know that the numbers are rising (see Appendix II for additional statistical information.) Several conditions have evolved which have likely contributed to this increase such as unemployment levels, cuts to social assistance rates, a tight private rental vacancy rate of .8 percent and long social housing waiting lists. In addition, the possibilities of another economic recession, new restrictions in Ontario Works regulations for dependent adults which may increase the number of people living on their own and the introduction of new legislation such as the Tenant Protection Act which may inflate already high eviction rates through its elimination of rent controls, have the potential for creating more homelessness.

This reality clearly demonstrates the need for a comprehensive municipal response to homelessness which includes an effective and responsive emergency service system as well as long-term strategies targeted toward affordable housing development (see Appendix III for a brief overview of the current municipal response.) Toronto has dedicated considerable human and financial resources to this issue, and remains committed to finding viable solutions to homelessness. However, the municipality has a limited capacity to implement this type of broad strategy on its own given that it only has the property tax base to draw upon for revenue. It is therefore in the City's best interest to continue to call upon senior levels of government for assistance.

Municipal Hostel Supply:

While there is a consensus that building more hostels is not a solution to homelessness, the high demand for emergency shelter requires additional sites be developed, at least in the short-term. A major challenge for the City in developing new hostels is the lack of available City-owned buildings appropriate for hostel use. In 1997, the Hostel Services Division canvassed the seven former municipalities with some success however there are few sites appropriate for longer term hostel use. The Real Estate and Facilities Management are in the process of consolidating a property list of the former area municipalities. This process may yield some new property sites. Hostel Services Division will stay involved to assess buildings as they become available.

Locating motel rooms for homeless families has also become problematic. Searches now extend east to Trenton and west to St. Catharines. Last winter contingency plans were established to operate an 800-person mass family shelter site within Toronto, if necessary. However, this type of strategy is only effective on a limited basis as it would be very difficult to maintain an acceptable standard of service to families who may need assistance for several weeks or months.

Provincial Role with Emergency Shelter and Income Maintenance:

The Provincial role in the provision of emergency shelter at the municipal level is one of a funder. Hostels are cost-shared on an 80:20 basis by the Province and Municipality. Prior to January 1, 1998, Toronto received 100 percent funding from the Province for non-residents (i.e., less than one year residency in Ontario, whether arriving from out of Province or out of Canada.) However, these costs are now also cost-shared on an 80:20 basis. This funding change for non-residents is especially significant for Toronto as a recent hostel survey on community of origin reveals that as many as 19percent of hostel users come from outside of Ontario. The estimated costs to Toronto's hostel system for non-residents are estimated at $1.7 million for 1998.

The City also feels the financial impact of non-residents as a provider of social assistance benefits. The average number of non-resident cases per month in 1998 is 4,200. Toronto's 20 percent share for 1998 is roughly estimated at $7,000,000.00 (this is gross expenditure only and does not include possible revenues, i.e., earned income from a client).

The municipality has consistently opposed this new cost-share arrangement with the Province. Given the recent hostel's data, it is appropriate for the City to once again reiterate its opposition regarding the payment of non-residents with respect to both hostel accommodation and social assistance benefits.

The hostel survey also revealed that as many as 40 percent of hostel users come from Ontario but from outside of Toronto. As a result, the City should encourage the Province to assist all municipalities in establishing the necessary resources, such as hostels, which would allow them to provide emergency shelter for homeless individuals and families. Beyond the fiscal argument, this approach allows people the option of remaining in their home community.

Provincially-owned buildings have been used in the past by non-profit and community groups. Youth Without Shelter, for example, used a provincially owned building to establish their hostel in the community of Etobicoke. It is advisable for the City to approach the Ontario Realty Corporation, who manages properties for the Province, to determine if there are any buildings, appropriate for hostel conversion, for lease or sale.

Federal Role in the Provision of Emergency Shelter:

It is not a common practice for Federally owned buildings to be used for emergency shelters except as required under the Emergencies Act. It is rare for the Federal government to become involved directly with a municipality as municipalities fall under the jurisdiction of the provinces. Examples which prove the exception to this rule include the following:

(a)Use of the Moss Park Armoury:

"Operation Cold Snap" enabled 180 people to use Moss Park Armoury as "warming centre" for 14 consecutive nights in early 1996 during a period of extreme cold. This military operation was triggered by an informal request by a former City of Toronto Councillor to the Department of National Defence of Canada. The deaths of several single homeless men earlier in the winter prompted an increased effort by the City to reduce the risk of harm to people staying outside all night in freezing temperatures. Costs for the operation were absorbed by National Defence. Future use of the Moss Park Armoury would be charged to the municipality, based on minimal staffing and program support from National Defence. These costs will be waived if all municipal resources have been exhausted, and an appeal to the province for help has been unsuccessful. A formal Memorandum of Understanding is not in effect as this limits the ability of National Defence to waive costs and requires them to set costs at a maximum.

Currently, National Defence assistance is accessible only during extreme cold weather conditions declared by the Medical Officer of Health. Assistance is available 48 hours after written request from the municipality is received, with the restriction that at any time assistance could be diverted to a higher priority task.

(b)Temporary Shelter for Abused Women:

Following a fire which destroyed a shelter for abused women, operators approached the Federal government to request the use of a nearby Federally-owned building. Permission was granted on a temporary basis until a permanent site could be located.

Municipal Use of Provincial/Federal Buildings:

There seems to be some potential for using provincially-owned buildings although decisions would likely be made on a case by case basis. Inquiries would need to be directed to the Ontario Realty Corporation as the management body for all provincially-owned buildings. Toronto has bought and sold properties through the Ontario Realty Corporation in the past and this continues to be an option, along with the option to lease, however, market rates would likely be applied.

The use of federally-owned buildings is also possible on an individual basis. Surplus properties often revert to the Canada Lands Corporation who work with private developers and communities to develop these sites. Negotiations would be done through the Treasury Board who sets the guidelines for how buildings are to be used.

Municipal Housing Development:

Strategies must be in place which will not only help people resolve their homelessness but prevent people from becoming homeless in the first place. Affordable housing development is one significant step in this direction. A report from the Commissioner of the Community and Neighbourhood Services Department, entitled "Toward a Municipal Strategy to Encourage the Creation of Affordable Housing," will be brought forward for consideration at the July 6, 1998, meeting of the Council Strategy Committee for People Without Homes. This report outlines a municipal housing development strategy thereby addressing the housing issues raised by Ms. Crowe.

Federation of Canadian Municipalities:

The Federation of Canadian Municipalities in their report, "Municipal Government Perspectives on Housing," adopted the position that "housing is a fundamental right for Canadian households as well as a key economic activity within our municipalities". One of the primary principles of the document states that "a strong presence in housing by Federal and Provincial governments is crucial in ensuring the equality of access of all Canadians to adequate affordable housing."

Toronto City Council endorsed this report at their June 3, 1998, meeting. It is therefore recommended that Council continue to work with the Federation of Canadian Municipalities to bring in senior levels of government to develop a national housing policy.

Conclusions:

While formally declaring homelessness an emergency in Toronto is not possible within the criteria set out under the municipal by-law, the City can support the spirit of this recommendation by acknowledging that homelessness in Toronto has reached crisis proportions. Furthermore, that the municipality has a limited capacity to adequately address the problem of homelessness given that it only has the property tax base to draw upon for revenues. It is therefore in the City's best interest to call upon senior levels of government to dedicate whatever resources they may have available. There appears to be some potential for partnering with the Provincial and Federal governments with respect to using government-owned buildings for emergency. However, the City also needs to urge Provincial and Federal governments to become invested in strategies which fundamentally address the systemic causes of homelessness.

Contact Name:

Susan Shepherd:

Tel: 392-5398

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Appendix I

Emergency Legislation

(a)Toronto's Emergency By-law:

The Province of Ontario's, Emergency Plans Act, provides the basis by which Toronto can formulate and authorize its emergency plan. Under the by-law an emergency is defined as "a situation caused by the forces of nature, an accident, an intentional act or otherwise that constitutes a danger of major proportions to life or property." The by-law provides the framework within which extraordinary measures can be taken to protect the health, safety and welfare of those affected, in those situations where the Provincial Emergency Plan is unlikely to be implemented or until it is implemented.

It is the Mayor, as the Head of Council, who must declare the emergency. The Chief of Police and the Chief Administrative Officer act as the overall leads in co-ordinating and implementing the municipal emergency plan in conjunction with the relevant governmental and private agencies.

(b)Provincial Emergency Act:

The Emergency Plans Act provides the legislation for planning and implementing the Provincial Emergency Plan. The Plan outlines the responsibilities of each ministry during an emergency along with resources at their disposal. A Provincial Operations Centre is the information liaison when an emergency threatens or is declared, interacting with provincial ministries, community groups and the Federal government.

The Premier has the authority to declare an emergency at the provincial and even municipal level. Provincial involvement with municipal emergencies is guided by municipal capacity. The Province provides support once municipal resources for dealing with the emergency become stretched. Likewise, the Province is expected to exhaust their available resources before turning to the Federal government for help.

(c)Federal Emergency Act:

The Emergency Preparedness Act establishes preparedness as a function of the government while the Emergencies Act is contingency legislation invoked in the event of a national emergency. Emergency preparedness is based on several principles the primary of which calls for the "lowest level competent to respond." As such, Canadians are charged with their own personal emergency preparedness. As a crisis expands beyond individual capacity the responsibility devolves, as appropriate to the situation, to municipal governments, the provincial jurisdictions, and finally, only under the direst circumstances, to the Federal government.

Under the Emergencies Act, a national emergency is defined as "an urgent and critical situation of a temporary nature that seriously endangers the lives, health or safety of Canadians and is of such proportions or nature to exceed the capacity or authority of a province to deal with it" or is considered to be a threat to national security.

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Appendix II

The Homeless Crisis in Toronto

Estimating the number of people who are homeless is difficult although we do know the number is rising. In 1997, about 28,000 people used the emergency shelter system in Toronto. People actually living on the street are growing in number according to street patrol and outreach workers. The number of "hidden homeless" i.e., people doubled up in housing or living in unstable or substandard housing and therefore at risk of becoming homeless, are even more difficult to estimate. At least 100,000 households with incomes below $20,000.00 pay more than 30 percent of their income on rent.

Toronto has experienced an increased demand for emergency shelter (usage has more than doubled in the last four years) along with accompanying shortages in supply. The system operates at full capacity most nights throughout the year with many hostels reporting overcrowding. While single adult men continue to comprise the majority of hostel users, trends show that mother-led families and youth are the fastest growing users of Toronto's hostel system.

In October 1997, Toronto's shelter system was unable to accommodate the expected demand for the upcoming winter. In response, several overnight and day shelters were opened, operating at full capacity most nights. These sites were designed as a temporary measure only. The closure of most of these sites and the Out of the Cold winter shelter programs at the end of May 1998, has left the hostel system once again dealing with a bed shortage. Hostel Services Division has made a concerted effort to accommodate for the loss of these beds by enhancing the bed capacity of some shelters and attempting to secure additional motel space.

Toronto's homeless crisis is also characterized by an increased demand for community-based emergency services such as drop-in centres and meal programs along with a proliferation and institutionalization of volunteer based, ad hoc responses such as the Out of the Cold winter shelter program and food banks.

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Appendix III

The Municipal Response to Homelessness

The municipality, through its Community and Neighbourhood Services Department and Urban Planning and Development Services Department play a wide range of policy, planning, research, service delivery and funding roles. Support is provided to and for emergency shelter, day shelter, street health, public health, mental health, outreach, social assistance, community economic development, employment initiatives and transitional, supportive and long term housing initiatives. The majority of programs and services are targeted toward people who are already homeless, however, concerted effort is being made to channel resources into prevention. The City relies heavily on partnerships with community-based agencies to ensure appropriate and responsive programs and services are in place.

An Extreme Cold Weather strategy involves collaboration between service providers, the police and the City to ensure enhanced and co-ordinated levels of service in very cold weather. Extreme Cold Weather Alerts are called by the Medical Officer of Health when temperatures are -15E C or less. Alerts trigger service enhancements; more street patrol vans and bike patrols go out, the Street Helpline expands its service to 24 hours; public transit tokens are given out at drop-ins and additional beds are added to existing hostels.

The Homelessness Action Task Force, chaired by Dr Anne Golden, has a one year mandate to develop solutions to the growing crisis of homelessness. They will provide general policy directions as well as specific strategies to meet the needs of the wide range of homeless people. Final recommendations will be submitted to Council by the end of 1998.

The Council Strategy Committee for People Without Homes functions as a vehicle for developing, evaluating, co-ordinating and recommending to Council strategies, policies and programs to deal with the housing crisis in Toronto.

Toronto's Advisory Committee on Homeless and Socially Isolated Persons and Alternative Housing and Services Committee allow the community to have input, at the political level, by identifying and responding to homelessness issues.