Whereas climate change is worsening conditions, increasing daytime and nighttime temperatures and other vulnerabilities for low-income residents of multi-unit residential buildings; And whereas the current Strata Property Act permits Strata Councils to enact bylaws that permit or restrict the addition of mechanical cooling to an individual unit within a strata property, and therefore this restriction creates an unsafe interior environment in the case of heat domes and other high temperatures: Therefore be it resolved that UBCM ask the Province of BC to amend the Strata Property Act to allow the addition of heat pumps or other efficient mechanical cooling systems without the need to amend individual Strata corporation bylaws.
Ministry of Housing Government recognizes the public safety risks associated with extreme heat and has taken a number of steps to protect vulnerable British Columbians. As weather conditions change due to climate change, it is important for housing providers, including landlords and strata corporations, to reduce unnecessary barriers to the installation and use of cooling measures. The Province encourages strata corporations to carefully review their bylaws and rules to help protect residents. The Province regularly reviews and amends strata legislation to meet both the needs of the strata community and serve the public interest. The Province is aware of the barriers strata owners can face in seeking permission for the installation of heat pumps and air conditioners. However, given the huge variety of BCs 34,000 strata corporations, from strata-titled duplexes to high-rise condo towers, it is not possible to mandate a one-size-fits-all solution. Some strata buildings have complex building envelopes where it may not be possible to install some types of cooling equipment and others may not have sufficient electrical capacity. On May 11, 2023, Bill 22 amended the Strata Property Act to require strata corporations to obtain an electrical planning report that will help them understand current and future demands on their electrical systems. This requirement, which will be phased in over several years, will help stratas make informed decisions and plan for the installation of new equipment, including heat pumps and air conditioners. It is important to note, also, that strata corporations must comply with the BC Human Rights Code. This includes a duty to accommodate to the point of undue hardship, residents and prospective purchasers in a designated class. Designated classes include physical and mental disability, age, Indigenous identity, race, gender identity or expression, sex, sexual orientation, family status, religion, and more. Stratas therefore may be required to accommodate individual requests for the installation of cooling equipment when the request relates to a health concern such as a vulnerability to heat.