Apartments in Houses

April 2002 (April 2014)

1. In 1994, the Provincial Government passed Bill 120, known as the Residents’ Rights Act, 1994, which amended the Landlord/Tenant Act, the Rent Control Act, the Rental Housing Protection Act, the Planning Act, and the Municipal Act.
    
2. Bill 120 permitted existing and newly created apartments in certain types of detached, semi-detached, and row houses, having the effect of overriding municipal zoning prohibitions in districts currently zoned for single dwelling units only, subject to certain conditions and restrictions, including parking, septic systems, floodplain proximity, size of apartment/rooms, etc. as set out in O.Reg 384/94.
    
3. The next Provincial Government repealed certain sections of the Residents’ Rights Act, 1994, thereby prohibiting new apartments in houses, by passing Bill 20, effective on May 22, 1996.
    
4. The effect of the legislation prohibits new apartments in houses created after May 22, 1996, while existing apartments in houses used or occupied on or before November 16, 1995, are permitted (grandfathered) provided they conform with the requirements of the original Bill 120 and O.Reg 384/94. Apartments created between November 16, 1995, and May 22, 1996, are also permitted if a building permit was issued.

5. It is the owner’s responsibility to satisfy themselves concerning the legality of a second unit. This may include obtaining affidavits or other evidence necessary to demonstrate the detached house, semi-detached house, or row house was used or occupied as two residential units on November 16, 1995.
    
6. Please be advised other laws and regulations may apply. For example:
   1. The Ontario Fire Code Section 9.8 has retrofit regulations for two-unit residential occupancies concerning fire safety.
   2. The City’s Property Standards by-law 2009-108 has maintenance requirements for second units, including structural, plumbing, heating, etc.
    
7. A separate detached structure known as a garden suite is not permitted by this legislation and requires City Council approval in the form of a Temporary Use by-law.