Bill 211 2009

An Act to amend the Municipal Act, 2001 to encourage the construction of green roofs

Note: This Act amends the Municipal Act, 2001.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  The Municipal Act, 2001 is amended by adding the following section:

Construction of green roofs

   97.1  (1)  Without limiting sections 9, 10 and 11, those sections authorize a municipality to pass a by-law requiring and governing the construction of green roofs if the provisions of the by-law do not conflict with the provisions of a regulation made under the Building Code Act, 1992 respecting public health and safety, fire protection, structural sufficiency, conservation and environmental protection and the requirements respecting barrier-free access.

Same

   (2)  A by-law under subsection (1) prevails over a regulation made under the Building Code Act, 1992, despite section 35 of that Act.

Definition

   (3)  For the purposes of subsection (1),

"green roof" means a roof surface that supports the growth of vegetation over a substantial portion of its area for the purposes of,

  (a)  water conservation,

  (b)  energy conservation,

   (c)  creating green space, or

  (d)  local production of healthy food.

Local food production

   (4)  If any food is produced on a green roof required by a by-law mentioned in subsection (1), the food shall be,

  (a)  consumed by the residents of the building on which the green roof is constructed; or

  (b)  donated to a local non-profit organization.

Commencement

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

Short title

   3.  The short title of this Act is the Municipal Amendment Act (Green Roofs), 2009.

EXPLANATORY NOTE

The Bill amends the Municipal Act, 2001 to expressly authorize municipalities to pass by-laws requiring and governing the construction of green roofs.