Enabling Legislation for Green Roofs

Year
2021
Number
EB3
Sponsor(s)
North Vancouver District
Port Moody

Whereas green roofs serve multiple societal goals, including improved stormwater management, better regulation of building temperatures, reduced urban heat island effects, and increased urban wildlife habitat and biodiversity; And whereas currently the Local Government Act allows a local government to require landscaping under section 527 and to control runoff under section 523, but the Local Government Act and Community Charter do not empower local governments to require and enforce the related building standard of construction prohibited under the Building Act or require and enforce maintenance of green roofs, including with security requirements: Therefore be it resolved that UBCM request that the Province amend the Local Government Act to empower local governments with enabling legislation, should they choose to implement it, to expressly require green roofs and enforce the related building standard of construction and maintenance of green roofs, including with security requirements.

Provincial Response

Ministry of Municipal Affairs The Local Government Act covers important authorities for municipalities and regional districts, including planning and land use regulation powers as well as some authority to regulate buildings and other structures. Core building regulation authority is, however, governed by the Building Act and establishes the BC government as the primary authority for setting building requirements, making local government building regulation bylaws subject to provincially legislated requirements. The Building Act empowers the Province to set the BC Building Code and other provincial building regulations. Setting regulations provincially helps foster more consistent requirements throughout BC that support efficiency in the building construction industry and lower costs for builders and consumers. The BC Building Code establishes a performance standard for roofs. Green roofs are able to meet these performance standards and have been an acceptable roofing practice for many years in BC. If a local government wants to create a local building requirement to supplement the existing provisions of the BC Building Code for green roofs, it can apply to the Province for a variation. If the minister responsible for the Building Act the Attorney General and Minister responsible for Housing approves the request, the Province may adopt it as a regulation. Local governments can follow up with staff in the Policy Research and Legislation Branch, Local Government Division at: LG.PRLgov.bc.ca for more information.

Convention Decision
Endorsed