Bill 101 2008

An Act respecting energy rating for specified residential buildings

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  In this Act,

"prescribed" means prescribed by the regulations; ("prescrit")

"regulations" means the regulations made under this Act. ("règlements")

Application

   2.  Subject to the regulations, this Act applies to the following residential buildings:

    1.  Detached homes.

    2.  Semi-detached homes.

    3.  Low rise multi-unit buildings that,

            i.  have no more than three stories, and

           ii.  have an area of no more than 600 square metres.

Home Energy Rating Report

   3.  (1)  Subject to subsection (2), no person shall sell or lease a building described in section 2 unless a Home Energy Rating Report for the building is provided to the prospective owner or tenant.

Same

   (2)  This section applies if,

  (a)  the building is a new building for which an application for a building permit is made on or after January 1, 2010; or

  (b)  in any other case,

           (i)  an agreement for purchase and sale of the building is entered into on or after January 1, 2011, or

          (ii)  a tenancy agreement for the lease of the building is entered into on or after January 1, 2012.

Preparation of report

   4.  (1)  The Home Energy Rating Report required under section 3 shall be prepared by a prescribed person who has completed an audit of the building in the prescribed manner.

Contents of report

   (2)  The Home Energy Rating Report required under section 3 shall indicate the energy efficiency of the building, calculated using the prescribed methodology, and any other prescribed information.

Period of validity

   (3)  A Home Energy Rating Report is valid for the prescribed period of time.

Regulations

   5.  The Lieutenant Governor in Council may make regulations,

  (a)  exempting a type of residential building from section 2; and

  (b)  prescribing anything that is required or permitted by this Act to be prescribed.

Commencement

   6.  This Act comes into force on the day it receives Royal Assent.

Short title

   7.  The short title of this Act is the Home Energy Rating Act, 2008.

EXPLANATORY NOTE

The Bill requires the preparation of Home Energy Rating Reports with respect to detached and semi-detached homes and low rise multi-unit residential buildings.  The requirement to prepare the report applies to persons who sell or lease a building for which a building permit application was made on or after January 1, 2010.  For all other buildings, the requirement applies to persons who enter into an agreement for purchase and sale on or after January 1, 2011 and persons who enter into a tenancy agreement on or after January 1, 2012.  The report must indicate the energy efficiency of the building in accordance with prescribed methodology and provide any other prescribed information.