Tenancies and Air Conditioning

Are Landlords Required To Provide Air Conditioning in Ontario

It’s summer season, and that brings with it an annual topic of discussion: the laws regarding providing air conditioning to tenants. Is air conditioning something that landlords are required to provide in Ontario? What are the laws around temperatures, and how is it changing in Ontario?

Vital Services In the Residential Tenancy Act

Air conditioning is not currently recognized as one of the vital services in the RTA (nor is Internet service). The Residential Tenancy Act essentially defines vital services as:

• Heating

• Electricity

• Gas

• Hot and Cold Water

Those services are declared to be of such importance that the landlord may not withhold or interfere with them, nor neglect that they are available in reasonable supply. Failure to pay for them, or provide them, will lead to the landlord being found liable – even if the tenant has violated their agreement in other ways (such as not paying rent).

That’s not to say that you may not have legal obligations about providing air conditioning. If in the original lease you included mention of air conditioning, or if you have previously provided it you are required to maintain it in good condition. Additionally, if there is central air in your building, between June and September the requirements are to maintain a temperature of no more than 26 degrees.

An Evolving Area

As we see an increase in heat waves and extreme weather due to climate change, we are seeing an increased push from governments and organizations to consider central air conditioning as a vital service. In 2022, the Ontario Human Rights Commission said that “access to cooling during extreme heat waves is a human rights issue” and called on the Ontario Government to make Air Conditioning a vital service.

Nor is it restricted to agencies calling on the Provincial government to make changes. In Toronto, the RentSafeTO program requires apartment buildings (with 3+ storeys, and 10+ units) to have air conditioning between June 1st, and September 30th. Hamilton and Toronto are also each exploring a bylaw that would require landlords to keep units at no more than 26 degrees.

Additionally, there is Provincial Bill 230, which was first read in November last year. If passed, Bill 230 would require residential complexes to keep common areas to no more than 26 Celsius between May 15 and September 15, along with some other changes.

At this point it seems only a matter of time until Air Conditioning becomes considered a vital service in Ontario, although whether that will be first through a patchwork version of municipal bylaws or a provincial law yet to be introduced is tough to tell. Given that extreme heat can be easily said to impede the tenants enjoyment of their unit, this is perhaps not a surprise, especially given the increasing amount of heat warnings, and extreme heat.

Now is the time for prudent landlords to ensure that they have air conditioning installed, before there is a rush for regulatory compliance. Given the earlier start for heat, plan not for June start, but May, and begin pricing it into what it costs to run your unit, or negotiate a cost for it with your tenants. If you want to stay on top of any green regulatory push, you should specifically investigate the option of heat pumps.

Sweltering tenants are advised to monitor the situation, and discuss options with their landlord, such as potential rent abatement or options regarding air conditioning units.