Ontario Condo Law Blog : Toronto Condominium Lawyer & Attorney : Gardiner Miller Arnold Law Firm : Ontario, Ottawa, Hamilton, Kitchener

Anyone following the progress of Ontario’s Smart Metering Initiative and wondering how it applies to condominiums should read an August 2009 decision of the Ontario Energy Board (“OEB”) on smart sub-metering in rental buildings. See the decision here.

This case was commenced by the OEB on its own initiative as a stop-gap interim measure to try and guide a widespread frenzy of landlords outfitting their rental buildings with smart sub-metering equipment despite the fact that such installations have been expressly prohibited by law since 2005. Some landlords have actively begun downloading electricity costs to tenants, which is similarly illegal.

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Now that most condo corporations in the Greater Toronto Area are paying for garbage disposal on the basis of volume or weight, it is increasingly important to divert heavy, bulky and recyclable items from the regular garbage stream.   Electronic waste (or "e-waste") is a big issue.

A recent story in the Toronto Star summarizes a number of new options for the proper disposal of e-waste such as computers, printers and televisions.   Check out the story here.

Then consider things that you can do at your condominium:

1. Organize a special day to collect and dispose of e-waste for your residents.
2. Spread information about new municipal and provincial initiatives and how owners can use them to safely dispose of unwanted electronics.
3. Let owners know the cost of garbage collection and encourage responsible disposal to help minimize these growing costs.

Not only does diverting e-waste help your condo corporation's bottom line, it helps protect the environment by keeping heavy metal and toxic waste out of our landfills and allows those components to be recycled.

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The proposed Green Energy Act (“GEA”) is moving forward quickly and will be considered in committee later this month. As it now reads, nothing in the GEA contemplates any amendment to the Condominium Act, 1998 (“the Condo Act”).

That may change, but not in a way we would like.

The Toronto Atmospheric Fund (“TAF”), together with a local condo developer and their respective lawyers, made a written submission to the Minister of Energy and Infrastructure on the implementation of the GEA. A copy of the submission is available here. [Hat tip to environmental law blogger Dianne Saxe.]

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One of the more controversial aspects of the proposed Green Energy Act (“GEA”) is the requirement that owners who offer to sell or lease prescribed properties must obtain (at a prescribed cost) and give to the prospective purchaser or tenant a prescribed report or rating of that property’s energy consumption and energy efficiency. All of the particulars will be prescribed in a regulation after the GEA is passed into law.

The fine details have not yet been announced but the current plan seems to be that an energy audit will need to be obtained and paid for by anyone selling a new or used house or condo unit, and that part of the cost will refundable as a tax credit, grant or rebate. The current proposal will saddle each owner with a $300 upfront cost of the audit and stick the taxpayers with the $150 cost of the rebate plus the unknown cost of the extra bureaucracy needed to administer all of this. Burdening homeowners and taxpayers with that kind of cost in the current climate is decidedly unwise, but the proposal will certainly expand the ranks of the energy auditors by creating a large captive market.

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The Ontario Government unveiled its proposed Green Energy Act ("GEA") this week, amidst much fanfare.   According to the Ministry's News Release, the GEA should attract new investment, create new green economy jobs and better protect the climate.

While big on hype but short on specific details, the two main thrusts of the proposed GEA are described by the Ministry as:

• making it easier to bring renewable energy projects to life, and
• fostering a culture of conservation by assisting homeowners, government, schools and industrial employers to transition to lower energy use.

More info on the GEA is available here and here.

The idea of condominium corporations generating electricity from solar or wind power for their own use and selling the surplus is an interesting concept that may not be too far off.  Given the right incentives, any condo board would closely consider whatever green energy options may be available. 

One area of concern is the type of projects that unit owners may undertake on their own, especially if those projects affect other units, the common elements or life safety.   As with the regulation enacted last summer that permits the use of clotheslines and clothestrees where otherwise restricted, the proposed GEA will permit certain renewable energy projects to be undertaken notwithstanding restrictions imposed by municipal by-laws and condominium by-laws.  While it appears that section 117 of the Condominium Act ("no dangerous activities") will continue to prevail, we will be watching closely to see what comes of this.

For information on what steps you or your condominium corporation can take to save energy today, see The Ontario Energy Efficiency Resource Guide, which provides information about the many programs, financial incentives, and resources available to help Ontarians conserve energy and achieve greater energy efficiency.   View and download a PDF copy of the Guide here.

If your condo is currently planning or implementing a renewable energy project, post a comment and share the details.  

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Condominiums play an important role in making our city a greener place.   Has yours helped to make a difference?

If your condominium in the City of Toronto has undertaken an environmental or conservation project in recent months, consider making a nomination for the 2009 Green Toronto Awards.

Launched by the City in 2005, the Green Toronto Awards honour and celebrate the individuals, organizations and companies that are leading the way towards a cleaner, greener and more liveable Toronto. 

Award categories (described here) include:

• Community Projects
• Energy Conservation
• Environmental Awareness
• Green Design
• Green Roof
• Leadership
• Water Efficiency

Last year's award winners included the condo corporations at South Kingsway Village, whose projects have set a framework for all condominiums to follow.   Details of their achievements are reported here and here.  

Nominations close on Friday, February 27.

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Toronto lawyer Dianne Saxe, one of Canada’s foremost environmental law practitioners, has posted a short but thoughtful blog entry on indoor air quality in homes.

After suggesting that indoor air quality (IAQ) in homes is significantly under-regulated, she goes on and:

• Identifies the most common indoor air pollutants;
• Outlines the problems arising from poor IAQ;
• Describes existing Canadian guidelines that may apply;
• Provides tips to improve IAQ; and
• Offers links to resources.

This is worthwhile reading for anyone seeking a crash course in indoor air quality. Check it out.

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