Recommendations for Municipalities: Mandatory Building Performance Standards by the Canadian Environmental Law Association (CELA) and TAF

The report explores the legal authority of municipalities in Ontario to enact BEPS, referencing the Municipal Act, the Ontario Building Code Act, and relevant jurisprudence, while also addressing potential conflicts with provincial laws and the impact of recent legislation like Bill 23. Furthermore, the document discusses implementation strategies, including compliance and enforcement mechanisms, drawing lessons from case studies like New York City and Vancouver, and emphasizing the importance of addressing equity considerations and establishing a supportive framework for building owners. The report also includes a model by-law as a practical tool for municipalities.

Municipal Powers to Address Climate Change by the Canadian Environmental Law Association by the Canadian Environmental Law Association (CELA)

This resource provides an overview of the legal capacity of municipalities to address climate change in Ontario. It examines key jurisprudence, highlighting a trend towards a broader interpretation of municipal powers. The document also reviews relevant provincial legislation such as the Municipal Act and the Planning Act, which grant municipalities specific environmental jurisdiction. Furthermore, it offers examples of municipal by-laws implemented to safeguard environmental health. The paper argues that recent legal interpretations and legislative provisions empower municipalities to enact measures to mitigate greenhouse gas emissions and adapt to a changing climate, despite potential conflicts with provincial or federal regulations.