BYLAW - Vital Services ByLaw - 20230926 - 6544-23
The Corporation of the Town of Aurora
By-law Number 6544-23
Being a By-law to require adequate and suitable vital services for rental
units in the Town of Aurora.
Whereas subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”) as
amended, provides that 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 subsection 11(1) of the Act provides that a municipality may provide any
service or thing that the municipality considers necessary or desirable for the public;
And whereas subsection 11(2) of the Act provides that a municipality may pass by-laws
respecting health, safety and well-being of persons, and protection of persons and
property, including consumer protection;
And whereas section 446 of the Act provides that a municipality may proceed to do
things at a person's expense which that person is otherwise required to do under a by-
law but has failed to do and to recover the costs of doing so by adding the costs to the
tax roll and collecting them in the same manner as property taxes;
And whereas Council for The Corporation of the Town of Aurora considers it desirable
and necessary to address the provision of vital services to rental units;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Definitions
1.1 In this by-law, the following words have the following meanings:
(a) “Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
(b) “Adequate and Suitable Heat” means that the minimum temperature of the
air in the accommodation which is available to the tenant or lessee is twenty
(20) degrees Celsius at one and on-half (1.5) meters from above floor level
and one (1) meter from exterior walls in all habitable space and in any area
intended for normal use by tenants, but excludes locker rooms and garages;
(c) “Adequate and Suitable Supply of Hot Water” means a supply of hot water at
the ordinary temperature of at least forty-nine (49) degrees Celsius for a
period of ten (10) minutes or more;
(d) “Adequate and Suitable Supply of Water” means a continuous and
uninterrupted supply of potable water of sufficient quantity for normal use of
kitchen, laundry, and bathroom facilities;
(e) “Central Air Conditioning System” shall mean a mechanical system
designed to cool air from a central location and to distribute it to and from
rooms by one or more fans and ductwork, and does not include any portable
air conditioning units or any window air conditioners;
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(f) “Council” means the Council of the Town;
(g) “Director” means the Department Head of the Bylaw Services Division of the
Town, or his/her designate or successor;
i) the owner of a rental unit and any other person who permits
occupancy of a rental unit, but does not include a tenant who
occupies a rental unit in a residential complex and permits another
person to also occupy the unit or any part of the unit,
ii) the heirs, assigns, personal representatives, and successors in title
of a person referred to in clause (i), and
iii) a Person, other than a tenant occupying a rental unit in a residential
complex, who is entitled to possession of the residential complex
and who attempts to enforce any of the rights of a landlord under a
tenancy agreement or this Act, including the right to collect rent;
(h) “Officer" means any individual designated or appointed by the Town to
enforce this by-law, and includes any Municipal Law Enforcement Officer
and any police officer;
(i) “Person" includes a natural person, corporation, sole proprietorship,
partnership, limited partnership, trust, estate, and the personal or other
legal representatives to whom the context can apply according to law;
(j) “Rental Unit” means any living accommodation used or intended to be
used as a rented residential premises and, without limiting the generality
of the foregoing, includes:
i) a site for a mobile home or site on which there is a land lease home
used or intended for use as a rented residential premises, and
ii) a room in a boarding house, rooming house, short term rental, or
lodging house and a unit in a care home;
(k) “Suitably Cooled Air” shall mean a maximum air temperature, in any part
of an accommodation that is normally used, of no more than twenty-six
(26) degrees Celsius that is achieved and maintained without the use of
portable air conditioning units or window air conditioners;
(l) “Town” means The Corporation of The Town of Aurora and/or the
geographical limits of the Town of Aurora, depending on the context of the
provision in which the term appears;
(m) “Vital Services” mean hot and cold water, fuel, electricity, gas, heat and air
conditioning;
1.2 For clarity, a reference to Vital Services shall refer to all the services outlined in
the aforementioned definition and a reference to a Vital Service shall refer to any
of the services outlined in the aforementioned definition.
2. Interpretation and Application of this By-law
2.1 This by-law shall be known and may be cited as the “Vital Services By-law”.
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2.2 The provisions of this by-law shall apply to all lands and premises within the
Town of Aurora.
2.3 Unless otherwise specified, references in this by-law to parts, sections,
subsections, clauses and schedules are references to parts, sections,
subsections clauses, and schedules in this by-law.
2.4 The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this by-law. This by-law is to
be interpreted without reference to such headings.
2.5 References in this by-law to any statute or statutory provisions include
references to that statute or statutory provision as it may from time to time be
amended, extended, or re-enacted.
2.6 This by-law shall be read with all changes in gender or number as the context
requires.
2.7 References in this by-law to items in the plural include the singular, and
references to the singular include the plural, as applicable.
2.8 The words “include”, “includes”, “including” are not to be read or interpreted as
limiting the words, phrases, or descriptions that precede it.
2.9 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
2.10 This by-law and the provisions contained within are intended to be
complementary to other by-laws passed by Council and in the event that any
other applicable law requires a higher standard than the provisions contained in
this by-law, the higher standard shall apply.
3. Requirements of Landlords
3.1 Every Landlord shall provide Vital Services for Rental Units, as provided for in this
By-law.
3.2 Every Landlord of a Rental Unit shall ensure that the Rental Unit:
(a) is provided with Adequate and Suitable Heat between the 15th day of
September in each year and the 1st day of June of the following year, or as
ordered by the Director or posted on the Town website;
(b) is provided with a permanent heating equipment or system that is capable
of maintaining Adequate and Suitable Heat at any time of the year without
the use of any portable or auxiliary units;
(c) if required to be provided with an air conditioning system by a lease
governing the Rental Unit between the tenant or lessee and the Landlord,
is provided with a central air conditioning system that is normally serviced
with power supplied by or at the expense of the Landlord that maintains
Suitably Cooled Air between the 1st day of June and the 14th day of
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September in each year, or as ordered by the Director or posted on the
Town website;
(d) is provided with an adequate and suitable supply of hot and cold water
and electricity; and
(e) is provided with an adequate and suitable supply of gas, unless the Rental
Unit is only equipped with a fuel burning system in lieu of gas, in which
case an adequate and suitable supply of fuel shall be provided.
3.3 No Landlord shall cause or allow the discontinuance of a Vital Service to a Rental
Unit, except:
(a) when it is necessary to safely make repairs or alterations to the Rental
Unit and then only for the minimum period necessary to effect the repair
or alteration;
(b) when a fuel burning or powered system is being immediately replaced by a
gas-based system that will perform the same function, or otherwise a gas-
based system is being immediately replaced by a fuel burning or powered
system that will perform the same function; or
(c) when a lease between a tenant and the Landlord for the Rental Unit has
been amended in writing to remove the requirement to provide an air
conditioning system for the unit, in which case the air conditioning may be
discontinued by the Landlord in accordance with the amendment.
3.4 For the purpose of section 3.3, a Landlord shall be deemed to have caused the
discontinuance of a Vital Service for a Rental Unit if the Landlord is obligated to
pay the supplier for the Vital Service and fails to do so and as a result of the non-
payment the Vital Service is no longer provided for the Rental Unit.
3.5 No Landlord shall advise a supplier of a Vital Service to bill a tenant directly
except where such tenant has expressly assumed the obligation to pay for that
service directly in a tenancy agreement.
4. Administration and Enforcement
4.1 The Director shall be responsible for and are delegated the power to administer
and enforce this by-law, including prescribing the content and form of any
licences, forms or other documents required under this by-law.
4.2 The Director and Officers are hereby delegated the authority to enforce this by-
law, including the authority to conduct inspections and investigations under this
by-law, the Act, as amended, and any other applicable by-law or legislation.
4.3 The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
5. Power of Entry, Inspection, Prohibitions
5.1 An Officer, or any other individual authorized to enforce this by-law on behalf of
the Town, may at any reasonable time enter upon any land for the purpose of
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carrying out an inspection to determine whether the following are being complied
with:
(a) this by-law;
(b) any direction or order under this by-law; or
(c) an order issued under section 431 of the Act.
5.2 Where an inspection is conducted pursuant to this section, an Officer or any
other individual authorized to enforce this by-law on behalf of the Town, may:
(a) require the production for inspection of documents or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any Person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
5.3 No Person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
5.4 No Person shall fail to comply with, or contravene, any order or direction issued
by the Town pursuant to this by-law or the Act.
5.5 Where an Officer, or an individual authorized to enforce this by-law, has
reasonable grounds to believe that an offence has been committed by any
Person, they may require the name, address and proof of identity of that Person,
and the Person shall supply the required information.
5.6 No Person shall decline or neglect to give, produce or deliver any information,
document or other thing that is requested by the Town pursuant to this by-law.
5.7 No Person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
6. Orders
6.1 Where any Officer is satisfied that a contravention of this by-law has occurred,
such Officer may make an order requiring the Person who caused or permitted
such contravention, or the Owner of the land on which the contravention
occurred, to discontinue the contravening activity and/or to do work to correct
the contravention.
6.2 An order pursuant to this section shall set out the following:
(a) reasonable particulars identifying the location of the land on which the
contravention occurred;
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(b) reasonable particulars of the contravention;
(c) what is required of the Person subject to the order (i.e., what activity is to
be seized and/or actions or work to be done);
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done; and
(e) information regarding the Town's contact person.
6.3 An order pursuant to this section shall be deemed to have been received upon:
(a) personal service of the order on the Person subject to the order;
(b) one day after transmission of the order through electronic means to an
email or social media address provided by the Person subject to the order;
(c) one day after posting the order in a conspicuous location on the property
subject to the order;
(d) the fifth (5th) day after the order is sent by registered mail to the last
known address of the Person who is subject to the order.
7. Remedial Action and Cost Recovery
7.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any Person within a specified time period, in default
of it being done by the Person directed or required to do it, the action may be
taken under the direction of the Director or an Officer at that Person’s expense
and the Town may recover the costs incurred through a legal action or by
recovering the costs in the same manner as taxes.
7.2 For the purposes of taking remedial action under this section, the Town, its staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
8. Offences and Penalties
8.1 Every Person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P. 33, as amended.
8.2 Every Person who contravenes any order issued pursuant to this by-law is guilty
of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
8.3 If a corporation has contravened a provision of this by-law, including an order
issued under this by-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence.
8.4 Pursuant to subsection 429(2) of the Act, all contraventions of this by-law or
orders issued under this by-law are designated as continuing offences. If a
contravention of any provision of this by-law has not been corrected, or an order
issued under this by-law has not been complied with, the contravention of such a
provision or an order shall be deemed to be a continuing offence for each day or
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part of a day that the contravention remains uncorrected or an order not
complied with.
8.5 On conviction of an offence under this by-law, every Person is liable to a fine in
accordance with the following rules pursuant to the Act:
(a) to a fine of not less than $500.00 and not more than $100,000.00;
(b) in the case of a continuing offence, for each day or part of a day that the
offence continues, the minimum fine shall be $500.00 and the maximum
fine shall be $10,000.00, despite paragraph (a), the total of all the daily
fines for an offence is not limited to $100,000;
(c) in the case of multiple offences, for each offence included in the multiple
offence, the minimum fine shall be $500.00 and the maximum fine shall
be $10,000.00, despite paragraph (a), the total of all fines for each
included offence is not limited to $100,000.
8.6 In addition to fines under this section, a Person convicted of an offence under
this by-law may be liable to a special fine in the amount of the economic
advantage or gain that such a Person obtained from the contravention of this by-
law. Notwithstanding subsection 8.5 above, a special fine may exceed $100,000.
8.7 Where a Person is convicted of an offence under this by-law, the court in which
the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the Person convicted.
9. Administrative Penalties
9.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended, for a breach of any provision of this by-law, an individual authorized
to enforce this by-law on behalf of the Town may issue an administrative penalty
to the Person who has contravened this by-law.
9.2 Individuals authorized to enforce this by-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative
penalty is issued to a Person for the breach, no charge shall be laid against that
same Person for the same breach.
9.3 The amount of the administrative penalty for a breach of a provision of this by-
law, shall be as established pursuant to applicable Town by-laws.
9.4 A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in the applicable Town by-laws relating to
administrative penalties.
10. Presumption
10.1 An Owner of a property on which a non-compliance or contravention has
occurred shall be presumed to have carried out or caused or permitted to be
carried out the non-compliance or contravention, which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
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11.Repeal
11.1 By-law Number 4737.05.P is hereby repealed.
11.2 For the purpose of transition to this by-law, any orders issued or proceedings
commenced pursuant to By-law Number 4737.05.P prior to the effective date of
this by-law shall remain effective and be subject to the provisions of by-law
4737.05.P, as amended, as if unrepealed until such time as finally satisfied or
disposed.
12. Effective Date
12.1 Thisby-lawcomesintofullforceandeffectonthedateoffinalpassagehereof.
Enacted by Town of Aurora Council this 26th day of September, 2023.
om Mrakas Mayor
Michael de Rond. Town Clerk