Item - 2017.LS20.2

The Licensing and Standards Committee recommends that:

1.  City Council receive the report (May 31, 2017) from the Executive Director, Municipal Licensing and Standards for information.

This report responds to a request from the Licensing and Standards Committee for staff to review Article V, Right-of-Entry (RoE), within Toronto Municipal Code Chapter 363, Building Construction and Demolition. This report proposes repealing the Right-of-Entry (RoE) provisions in Chapter 363. This approach limits the need for the City to enforce private right-of-entry matters, which is a complex, resource intensive and time-consuming undertaking.

The current bylaw establishes a process that allows the City to grant a property owner the right to enter lands on a neighbouring property, even if the adjoining property owner objects. The bylaw was enacted with the intention that it would enable property owners to make repairs and alterations to existing buildings, fences or other structures that could only be made by accessing lands on the neighbouring property. The access authorized under this provision is limited to adjoining lands and does not allow entry into neighbouring buildings. The current process includes a complex permit system and results in the use of significant City resources to facilitate and enforce matters between the private parties involved.

In the last five years, Municipal Licensing and Standards (ML&S) has issued 60 RoE permits, with 3 permits/year being issued in 2015 and 2016. The historically low use of the RoE permit suggests that the majority of property owners requiring access are successfully negotiating authorization through alternative mechanisms. It is therefore expected that the majority of residents would be unaffected if the provisions were repealed.

Legal Services was consulted in the preparation of this report.