On legislative options to require the University and College to provide safe and affordable student housing to their increasing student population

Municipalities are creatures of the Province. The Municipal Act, 2001 gives them powers to pass by-laws and govern, but only within their jurisdiction.

Municipalities are not authorized by the Municipal Act to compel post-secondary institutions to undertake any specific kind of construction or development outside of the terms of a development agreement. There are no legislative mechanisms to allow the City to require post-secondary institutions to house their students.

On incentives for private investment in affordable higher density housing in specific zones that would be less intrusive on residential neighbourhoods with the intent of maintaining existing residential neighbourhoods for more permanent residents

Under the Ontario Human Rights Code, every person has the right to be treated equally in the area of housing without discrimination due to any of the grounds set out in the Code specifically, or grounds considered to be analogous to those enumerated in the Code. The Ontario Human Rights Commission’s (OHRC) Policy on Human Rights and Rental Housing states that discrimination includes any distinction based on a prohibited ground. Municipal by-laws, policies and practices are subject to review by the OHRC if they create or perpetuate disadvantage for people identified by Code grounds.

The OHRC has very clearly stated that it, “believes, and the Planning Act clearly states, that zoning should focus on planning and land-use issues, and should not be used to choose the people who will live in the housing” (OHRC, 2010). Any zoning that either explicitly or implicitly serves to exclude development based on the tenure of its residents would be target for review by the OHRC and unlikely to withstand legal challenges.

On options for developing a University, College and City of Windsor education strategy for students to learn their rights with respect to property standards and tenants in Ontario

Prior to COVID-19, Building By-law Officers and Fire Safety Officers have been invited to attend St. Clair College orientation sessions three times a year at the Downtown and South Windsor Main Campus. Management usually speaks to new students each year at Main Campus orientations and officers were also available with educational resources and 311 type literature. At these events, City staff aimed to teach students about: