Occupancy Standards Bylaw
WHEREAS the board of directors of the corporation has determined that it would be in the best interests of the corporation to control overcrowding of the residential units within the corporation in order to ensure that: (i) the overall security of the building is maintained; and, (ii) the additional costs created by a greater number of individuals living within a unit(s), with respect to maintaining and repairing of the corporation's common elements and increased utility costs forming part of the common expenses, is not unfairly borne by conforming unit owners;
AND WHEREAS the board of directors may by by-law establish the standards for the occupancy of units of the corporation for residential purposes, in accordance with section 57 of the Condominium Act, 1998 (the "Act");
AND WHEREAS subsection 57(2) of the Act provides that standards for the occupancy of the residential units of the corporation shall be either the occupancy standards contained in a by-law passed by the council of the municipality in which the land of the corporation is situate, or standards that are not more restrictive than standards that are in accordance with the maximum occupancy for each unit based on the maximum occupancy for which the building in which the units are located was designed;
AND WHEREAS it is assumed for the purposes of this by-law that the building comprising the corporation was designed in accordance with the Building Code Act, 1992, S. O. 1992 c. 23 (the "Code") as amended;
AND WHEREAS Section 126.96.36.199 (1)(b) of Ontario Regulation 403/97 of the Code provides that the occupant load of a floor area or part of a floor area of a building shall be 2 persons per sleeping room or sleeping area within a dwelling unit or suite;
AND WHEREAS the term "occupant load" is defined in the Code as meaning "the number of persons for which a building or part thereof is designed for", and it is assumed that the occupant load has been used in the design of the building comprising the corporation to determine the size of corridors, fire escapes and other safety facilities;
NOW THEREFORE, be it enacted as a by-law of Toronto Standard Condominium Corporation No. 1431, (hereinafter referred to as "Corporation") as follows:
"reside" or "residing": A person will be deemed to be residing in the unit for the purposes of this by-law if they live within the unit for more than 90 days in any given year. The counting of days shall be on a cumulative basis and need not be consecutive for the purposes of this by-law.
"person" or "persons": The term person or persons shall include all individuals. This will include the elderly, adults and children, but shall not include a newborn child for a period of one year following such child's birth.
"dwelling unit(s)": Are those units as identified in Schedule "C" of the Corporation's declaration.
2.0 Occupancy Standard:
The number of persons permitted to reside within a dwelling unit shall be based upon the "occupant load determination" prescribed by s.188.8.131.52 (1)(b) of Ontario Regulation 403/97 of the Code, which prescribes two (2) persons per "sleeping room" or "sleeping area" in a dwelling unit or suite.
2.1 For the purposes of this by-law, a "sleeping room" or "sleeping area" shall include all originally constructed "bedroom(s)", as shown on the architectural plans forming part of the Corporation's registered description.
2.2 Notwithstanding the foregoing, a dwelling unit's foyer, corridors, closets, bathroom(s), kitchen, dining room, laundry room, storage room, solarium, den(s) and balcony as originally constructed and as shown on the architectural plans forming part of the Corporation's registered description, shall not be considered a "sleeping room" or "sleeping area" for the purposes of this by-law.
2.3 Based upon sections 2.0, 2.1 and 2.2 hereof, the maximum number of persons permitted to reside within a dwelling unit (the "Occupant Capacity") shall be:
- for two (2) bedroom units, four (4) persons; and
- for three (3) bedroom units, six (6) persons.
2.4 If any unit owner or their respective tenant or guests contravenes section 2.3 hereof, by exceeding their unit's Occupant Capacity, then the Corporation may, by written notice to the unit owner, require that the unit owner remove any person(s) in excess of their respective unit's Occupant Capacity from the unit within thirty (30) days.
2.5 Notwithstanding sections 2.3 and 2.4 hereof, any dwelling unit which at the time this bylaw becomes effective exceeds the unit's Occupant Capacity is exempt from sections 2.3 and 2.4 hereof as long as: (1) the excess persons are currently residing within the subject unit and his/her or their names have been registered as residents of the unit with the Corporation; and, (2) written notice is provided by the unit owner to the Corporation, within two (2) weeks time following the date upon which this by-law is registered, confirming that his/her unit is a non-complying unit for the purposes of this by-law and confirming the names of the persons residing within the unit. If both requirements noted above are satisfied, then the subject unit will be exempt from sections 2.3 and 2.4 above (the "Non-Complying Unit") only for as long as those registered residents continue to reside in the unit. The status of a Non-Complying Unit shall be noted on any status certificates issued for such unit. If a Non-Complying Unit is leased, then the unit owner, in addition to the written notice, shall provide the Corporation with a copy of the lease or a summary of said lease in accordance with section 83 of the Act. This exemption does not apply to section 3.0 of this by-law.
This exemption shall cease to apply to a Non-Complying Unit:
- when all the excess persons, as recorded by the Corporation, no longer reside within the Non-Complying Unit. In this regard, if and when the excess persons in a Non-Complying Unit no longer reside within said unit, then said excess person(s) cannot be substituted or replaced with another person(s); or,
- upon the sale, lease, renewal or termination of lease of the unit.
If the number of individuals residing in a dwelling unit exceeds that unit's Occupant Capacity, then for the period of time in which the Occupant Capacity for that unit is exceeded, the board of directors may by resolution levy an assessment against the unit owner of the subject unit (the "Occupancy Assessment"), which may be comprised of the following:
- an assessment that reasonably reflects the increased cost of maintaining the common elements and repairing them after damage, as determined by the board of directors acting reasonably; and,
- an assessment that reasonably reflects the increased cost of using the utilities that form part of the common expenses, as determined by the board of directors acting reasonably.
3.1 It shall be the obligation of the unit owner to provide the Corporation with sufficient evidence that the number of persons within the subject unit no longer exceeds that unit's Occupancy Capacity.
4.0 Occupancy Assessments deemed to be common expenses:
In accordance with subsection 57(5) of the Act, any Occupancy Assessments which are levied pursuant to this by-law to any unit owner or owners shall be and is hereby deemed to be common expenses attributable to the said unit owner's unit and shall be recoverable as such.
5.0 Request for Information:
The Corporation may, at any time, request that a unit owner inform the Corporation as to the number of persons residing in their unit and may also request a visual inspection of the unit. The unit owner is obligated to provide the Corporation with all information requested within five (5) business days from the date the request is made. Unit owners shall indemnify the Corporation for any misleading or fraudulent information provided on their part.
Each of the provisions of this by-law shall be deemed to be independent and severable, and the invalidity or unenforceability in whole or in part of anyone or more of such provisions shall not be deemed to impair or affect in any manner the validity or enforceability of the remainder of this by-law.
The use of the masculine gender in this by-law shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include plural wherever the context so requires.
No restriction, condition, obligation or provision contained in this by-law shall be deemed to have been abrogated or waived by reason of any failure to enforce the same irrespective of the number of violations or breaches thereof which may occur.
The headings in the body of this by-law form no part hereof but shall be deemed to be inserted for convenience of reference only.
10.0 Statutory References:
Any references to a section or sections of the Act in this by-law (or in any by-laws or rules hereafter enacted by the Corporation) shall be read and construed as a reference to the identical or similarly appropriate section or sections (as the case may be) of any successor legislation to the Act.
The foregoing by-law is hereby enacted as By-law No. 7 of Toronto Standard Condominium Corporation No. 1431, said by-law having been passed by the board of directors on the 23rd day of January, 2014, and duly approved by the owners of a majority of the units of the Corporation voting in favour of confirming it on the 17th day of April, 2019, without variation, pursuant to the provisions of the Condominium Act, 1998, S.D. 1998, c.19.
DATED this 22nd day of April, 2019.
TORONTO STANDARD CONDOMINIUM CORPORATION NO.1431
Name: Joseph Chan
I have authority to bind the Corporation.
Name: Monica Yu
I have authority to bind the Corporation.