Attachment B: City of New Westminster Bylaw Amendment to Business Regulations and Licensing Rental Units
An example of a municipal bylaw requiring owners to maintain safe indoor temperatures in rental units.
CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 8556, 2026
A Bylaw to Amend Business Regulations and Licensing (Rental Units) Bylaw No. 6926, 2004
WHEREAS the Community Charter and Local Government Act authorizes a local government to regulate and prohibit in relation to business, public health, and the protection and enhancement of the well-being of its community in relation to rental units;
AND WHEREAS climate change is increasing the occurrences of prolonged periods of hot temperatures with minimal overnight cooling in the City;
AND WHEREAS in 2021, 33 people in the City died from causes related to a heat event;
The Council of the Corporation of the City of New Westminster in open meeting assembled ENACTS AS FOLLOWS:
This Bylaw may be cited for all purposes as “Business Regulations and Licensing (Rental Units) Bylaw No. 6926, 2004, Amendment Bylaw No. 8556, 2026.”
Business Regulations and Licensing (Rental Units) Bylaw No. 6926, 2004, as amended, is further amended as follows:
a. By adding the following in alphabetical order to Section 2:
Living space means an area within a rental unit that is designed and intended for regular daily living and occupancy and includes, but is not limited to, bedrooms, living rooms, dining rooms, and family rooms, and does not include bathrooms or kitchens.
Safe indoor temperature means an average temperature of 26°C (78.8° F) or below measured between 8:00 p.m. and 8:00 a.m. in a living space from an interior wall, approximately 1.5 meters (5 feet) from the floor, avoiding areas near windows, doors, direct sunlight, heat sources like lamps or appliances, and vents.
b. By replacing “in the centre of the room“ with “avoiding areas near windows, doors, direct sunlight, heat sources like lamps or appliances, and vents“ in section 34(a).
c. By replacing Section 34 (c), 34 (d) and 34 (e) with
(c) Safe Indoor Temperature Owners must ensure that at least one living space in a rental unit occupied by a tenant maintains the safe indoor temperature from April 1 to October 31 each year.
(d) Dwelling Units with Cooling Devices or Systems Where air conditioning, or another form of installed cooling system, is provided by the owner, the owner shall maintain the system to be in good working condition.
(e) No Prohibiting Portable Cooling Devices i. Where air conditioning, or another form of installed cooling system is not already provided, no owner shall prohibit or prevent a tenant from using a portable device designed to cool internal temperature in a rental unit. ii. Subsection (i) applies despite any strata bylaws adopted under the Strata Property Act, 1998, c. 43 that directly or indirectly prohibit a tenant from using a portable device designed to lower the temperature of a rental unit.
d. By adding Section 34 (f) as follows:
(f) Application for Exemption from Section 34 (c) and 34 (e) i. An owner who is subject to section 34(c) and/or 34(e) may apply to the Building Official for an exemption from that section in respect of a rental unit, on the grounds that the owner cannot comply with the applicable section. ii. An application under subsection (i) shall be submitted by the owner to the Building Official and must be accompanied by documentation from a registered professional that outlines the unreasonable physical barriers that would need to be overcome and provides a recommendation in order to comply with the applicable section. iii. An exemption granted under this section is valid for two years from the date granted and must be reapplied for to maintain the exemption.
GIVEN FIRST READING this ______ day of ______, 2026.
GIVEN SECOND READING this ______ day of ______, 2026.
GIVEN THIRD READING this ______ day of ______, 2026.
DEPOSITED WITH THE MINISTER OF HEALTH this ______ day of ______, 2026.
CONSULTED WITH THE MEDICAL HEALTH OFFICER this ______ day of ______, 2026.
ADOPTED this ______ day of ______, 2026.
Patrick Johnstone, Mayor
Hanieh Berg, Corporate Officer