Time stamps included in this post refer to the corresponding moments in the linked meeting recording: https://www.youtube.com/watch?v=tHP7skXOL94
On January 9, 2026, Waterloo Regional Council held a special meeting to finalize amendments to Bylaw 25-021, which governs the use of the 100 Victoria Street North encampment. In a move aimed at resolving ongoing legal challenges in the Superior Court of Justice, council approved shifting the site’s "vacant possession" deadline to April 1st, 2026, and eliminated a controversial $5,000 monetary fine for residents.
While the bylaw passed, a separate attempt to research a region-wide "Safe Tenting Protocol" was defeated in a tie vote. These decisions occur as the region balances the urgent need for a transit hub development against the fiscal and legal obligations of managing a chronic homelessness crisis that currently involves over 366 unsheltered individuals.
A subtle, observational moment occurred at 3:26, when Regional Chair Redmond paused the proceedings to extend the council’s "deepest condolences" for the unexpected loss of a local councillor’s son. This moment of shared community grief preceded a technical and often divided debate on how the region should legally and financially manage its most vulnerable citizens.
The special meeting was called primarily to address legal "fairness" concerns raised during ongoing court proceedings. The 100 Victoria site, intended for the Kitchener Central Transit Hub, has remained occupied despite previous regional efforts to clear the land. Regional Solicitor Fiona McCrae introduced the report, noting that the amendments were designed to confirm that the region seeks possession in a "fair manner" that does not penalize occupants.
"The intent of the proposed amendments is to confirm the region seeks to obtain vacant possession of 100 Victoria Street North site in a fair manner that will include alternative housing and that will not penalize occupants in a monetary form."
McCrae explained that these changes specifically address objections raised in court. The removal of the monetary penalty reflects a shift in strategy, acknowledging that fines were unlikely to be paid and served primarily as a legal hurdle rather than an effective enforcement tool.
The Three Pillars of the Amending Bylaw
Staff recommended three specific changes to the existing bylaw to satisfy judicial scrutiny.
First, the possession date was moved from the end of 2025 to April 1, 2026. This extension acknowledges the "added time needed" to resolve Superior Court proceedings.
Second, the $5,000 "offence provision" was deleted entirely.
Third, the region "codified" its transition plan to provide greater legal assurance that occupants would be offered alternative accommodations.
"The proposed transition provision in the amendment includes a mandatory written offer to persons who occupied the property as of the public notice of the original passing of the bylaw being April 16th, 2025."
This written offer includes an individual housing plan, social service supports, and transportation of belongings. Crucially for taxpayers, the amendment commits the region to providing storage for up to six months at "no cost to the person," a commitment that carries ongoing administrative and rental expenses for the municipality.
Defining Resident Rights and Support Tiers
The amendments created a distinction between "original" residents and those who arrived later. Only those on-site as of April 16, 2025, are guaranteed the codified written offer of alternative accommodation. Those arriving after that date will continue to work with un-sheltered support workers but do not have the same "guaranteed" legal status under the bylaw.
"The bylaw provision is simply codifying... that there will be guaranteed offers for those that are considered residents under the bylaw."
Sweeney clarified that regardless of the bylaw’s legal language, the region’s outreach teams attempt to support all un-sheltered individuals to the best of their ability. However, the legal requirement to provide a "placement" remains tied to those present at the time the initial notice was issued.
The Defeat of the Safe Tenting Initiative
Following the bylaw approval, Councillor Wolf introduced a motion to have staff research a "Safe Tenting Protocol." This would have examined policies in cities like Hamilton and London, where specific locations are designated for tents. Wolf argued that without a documented "place of last resort," the region’s legal arguments in court would remain weak.
"I think we've been told over and over by many sources that we need a place of last resort and that's the only thing that's going to satisfy the court."
The motion prompted a sharp divide. Supporters viewed it as a pragmatic way to manage the 24 known encampments across the region, while opponents characterized it as a "band-aid" that would normalize street living and divert staff from building permanent housing.
"I'd like to suggest that, you know, perhaps instead of keep adding things to the list all the time, maybe we should focus as a group collectively on doing a really good job on the things that are already on our collective plate."
The motion to research the protocol was ultimately defeated in a tie vote, meaning the region will not formally pursue a sanctioned tenting policy at this time.
Capacity Constraints and Fiscal Exposure
Taxpayers face significant exposure as the region attempts to bridge the gap between the number of un-sheltered people and available beds. Commissioner Sweeney provided the most recent data, noting that the "by-name" system currently tracks 366 individuals experiencing un-sheltered homelessness who are actively being supported.
"The numbers that we report on to council... including all shelter beds... is 512, and currently we also have 60 additional beds in our warming centers."
While the region has over 500 beds, the "hyphenus" system shows a persistent population that remains outdoors. This gap drives the ongoing legal fees and maintenance costs for sites like 100 Victoria. Furthermore, Councillor Salinan expressed concerns that sanctioned tenting would signify a societal acceptance of homelessness.
"Once you have a bylaw that has a safe tenting protocol, you're accepting as a society that it is okay that we have people living on the streets opposed to actually doing work towards preventing that."
Taxpayer Impact
The decision to amend the bylaw has immediate financial consequences for the region. By extending the possession date to April 2026, the region sustains the monthly maintenance, security, and cleaning costs of the Victoria Street site for an additional four months. Furthermore, the commitment to provide "no-cost" storage for belongings for up to six months represents a direct transfer of costs from the residents to the regional budget.
Long-term, the delay in obtaining "vacant possession" impacts the Kitchener Central Transit Hub project. Site preparation cannot commence until the land is cleared, potentially triggering delay penalties or increased construction costs for the Metroinx project.
While the removal of the $5,000 fine eliminates a potential revenue stream, staff noted that such fines were effectively unenforceable and their removal was necessary to protect the region from a total defeat in court.
Notable Tensions and Disagreements
The meeting highlighted a fractured approach to homelessness policy:
Court Compliance vs. Local Policy: Councillors disagreed on whether the region should follow the "safe tenting" models of other cities. Some argued it is a legal necessity to satisfy judges, while others called it a "shiny object" that distracts from permanent housing.
Staff Workload: Mayor Verbanovich explicitly warned against "adding things to the list," suggesting that staff resources are being stretched too thin by competing social mandates.
Human Rights Framing: Councillor Wolf suggested that not supporting a "place of last resort" fails to recognize the "human right to existence," a framing that Mayor Verbanovich criticized as unhelpful to the discourse.
Lower-Tier Cooperation: Councillors Craig and Gowing emphasized that any regional tenting protocol must involve the consent of lower-tier municipalities, as regional land exists within their boundaries.
Red Flags for Taxpayer Advocates
Indefinite Motel Costs: The transition plan relies heavily on motel stays "until space becomes available" in supportive housing. With a shortage of such housing, this creates a potentially open-ended financial commitment.
Judicial Uncertainty: Legal counsel could not guarantee that these amendments would satisfy the court. If the Superior Court still finds the bylaw deficient, the region will have spent significant resources on a "fairness" update that fails to achieve site possession.
Site Stalemate: Only one "original" resident remains at the site, yet the region is still unable to clear the land for its intended multi-million dollar transit infrastructure use due to transient populations and ongoing legal stays.
What Happens Next
Following the passage of the amendments, the region will file the updated bylaw with the Superior Court for consideration in the ongoing applications. Staff will begin issuing mandatory written offers to the recognized residents of 100 Victoria. The "vacant possession" deadline is now set for April 1, 2026. The council also reappointed Councillor Foxton to the SWIFT Board of Directors, ensuring continued regional representation in Southwestern Ontario’s fiber technology initiatives.
Closing Context
The Waterloo Region's special council meeting serves as a documented record of the complex intersection between property rights, municipal infrastructure, and the evolving legal landscape of homelessness in Ontario.
By amending the 100 Victoria bylaw, the region has attempted to meet judicial standards of fairness while maintaining its goal of infrastructure development. However, the tie vote on the "Safe Tenting Protocol" indicates that the council remains deeply divided on long-term strategy, leaving residents and taxpayers in a period of continued fiscal and legal uncertainty as the 2026 eviction deadline approaches.
Upcoming Key Dates
January 31, 2026: End of month council meeting (Potential for further notices of motion).
April 1, 2026: New deadline for vacant possession of 100 Victoria Street North.
Source Note
This analysis is based on the January 9, 2026 Special Council Meeting and supporting documents. All quotes, timestamps, and figures are drawn directly from official meeting transcripts.