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Basement Apartments

Index of page - Please click on the following or read the page chronologically.

The Problem

The Solution

March 2008 - Proposed By-Law

Notice of Public Open House - April 16, 2008

Please click here for a PDF of the April 16, 2008 presentation

The Problem

February 2007

Basement Apartments, or Second Suites as they are often called, are a problem for Markham, as they are in many other municipalities.  At one time, the term 'Single Family Residence' was sufficient for zoning by-laws, but that has changed.  To define a family in terms of what was a historic definition commonly meant parent, grandparent and children.  However, the extended family of modern times now includes such people as a brother-in-law and cousins and so on.  As soon as a municipality tries to define the word family, we get caught up in the cultural diversity of our community.  When we start banning Second Suites out-right, we run into the problem of being against affordable housing.  The cost of  a starter home in Markham is well beyond the ability of a young couple just staring out and a basement apartment is the only solution for many of them.

However to ignore the problem is to ignore the traditional property standards that residents understand as a single family.  It also mocks our planning efforts for schools, stores, transit, water, sewage, traffic etc. as the density of the area increases dramatically.  The process was complicated when Premier Bob Rae passed Provincial Legislation to permit Second Suites in the Province of Ontario, no matter what the municipality wanted.  The following government overturned that Act, but it left some Second Suites Grandfathered.  Enforcement is another problem.  Under the privacy sections of Canada, our by-laws officers do not have the power to enter a private dwelling, unless invited in, or to inspect an on-going building permit.

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The Solution

In May of 2003, Town Staff started working on options and I seconded a motion to start moving in a direction of regulation. (Please see the Word Document 21.5 KB) The wheels of government move slowly and carefully so small steps have been taken.  We have been addressing the symptoms without actually addressing the problem.  The first step was to bring in the Fire Department.  While a by-laws officer can't enter a private dwelling, the Fire Department can for the purpose of fire safety.  (Please see the PDF Document 606 KB)  The safety of residents is the utmost concern.

The Driveway Extension By-Law also has an effect, since there is not enough room to park the many cars that are required for renting rooms or apartments.  Tenants won't stay long if they get a ticket every night.

The solution is not an easy one, and I look forward to the Staff Report and then some healthy, constructive community meetings.

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Update March 2008 -Proposed New By-Law

I have been meeting regularly with Staff members from Planning, Fire, By-Laws, Legal and the Clerks office, along with Deputy Mayor Jack Heath, Regional Councillor Tony Wong, and Councillor Logan Kanapathi for the past year.

We have had input from residents, from other municipalities as well as from Council and have worked out a proposed new By-Law that should answer the problems and provide a solution without impacting on your neighbourhood.

This is a big step, and we want to get it right.  For that reason, and others, we are holding a Public Open House so that we can listen to your thoughts and suggestions. 

Please become informed about the work we've done so far, and then either attend the Open House, or let me know your comments directly at my Contact Page.

Please click here to see the Notice of the Public Open House

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