Renters Gain Right to Summer Cooling

Summary#

Bill 128 adds summer cooling to the list of “vital services” that landlords must provide under Ontario’s Residential Tenancies Act, 2006. It sets a maximum indoor temperature for rented living spaces in summer. The stated goal appears to be keeping rental homes safely cool during hot months.

• Cooling becomes a vital service from June 1 to September 30 each year.
• Landlords must ensure any room meant for tenants to live in stays at or below 26°C during that period.
• If a tenant can control the temperature to 26°C but chooses a higher setting, the landlord is treated as having met the requirement.
• The government gains power to make transition rules, including delaying when the new requirement takes effect in parts of the province.
• The cooling requirement starts no earlier than January 1, 2035 (and could be later in some areas if transition rules delay it).

What it means for you#

• Tenants (renters)

  • Starting in 2035 at the earliest, you would have a right to cooling so your living spaces do not exceed 26°C from June through September.
  • If your unit has controls that let you set the temperature to 26°C but you choose not to, the landlord would still be considered compliant.
  • Disputes about cooling could likely be taken to the Landlord and Tenant Board (the bill also mentions court and Board proceedings).

• Landlords and property managers

  • You would be responsible for providing and maintaining cooling that keeps living rooms, bedrooms, and other lived‑in rooms at or below 26°C from June 1 to September 30.
  • If a unit gives the tenant control to lower the temperature to 26°C and they do not use it, you are deemed to meet the standard.
  • You may need to plan for upgrades, installation, operation, and maintenance of cooling systems in buildings that cannot meet 26°C in hot weather.
  • The new duty becomes enforceable no earlier than January 1, 2035. The government may also phase in or delay the requirement by region or circumstance through transition regulations.

• Government

  • Cabinet can issue regulations to manage the changeover, including delaying the effective date in some areas and addressing ongoing cases.

• Note on timing

  • Most of the bill (such as the power to set transition rules) would start when the bill becomes law.
  • The core cooling requirement starts on the later of Royal Assent and January 1, 2035, and could be delayed further in some areas by regulation.

Expenses#

No publicly available information.

• Landlords would likely face costs to install or upgrade cooling equipment in buildings that cannot hold 26°C in summer, plus ongoing energy and maintenance costs.
• Tenants’ energy costs may change depending on how utilities are billed in their building (for example, if hydro is separately metered or included in rent). The bill does not address billing.
• The government may have administrative costs to develop and enforce transition rules; no estimate is provided.

Proponents' View#

• The bill appears intended to protect tenants from extreme heat by making summer cooling a basic housing standard, similar to winter heat.
• Setting a clear maximum temperature (26°C) could make rights and duties easier to understand and enforce.
• Treating cooling as a vital service may reduce health risks during heat waves, especially for seniors, people with health conditions, and families with young children.
• A phased start date and transition powers could allow time for planning, upgrades, and grid readiness.

Opponents' View#

• One concern is the cost and feasibility of retrofitting older buildings to meet a 26°C cap during hot periods, which may be technically challenging.
• Energy use for cooling could rise. It is unclear how increased costs would be shared between landlords and tenants under existing rent and utility rules.
• The bill does not explain how temperatures will be measured (where in a room, for how long) or how short spikes during heat waves will be treated, which may create enforcement disputes.
• The long lead time (no earlier than 2035) may delay benefits to tenants facing heat risks in the near term.
• Transition regulations can delay the requirement in parts of the province, which may lead to uneven protection by region.