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BILL NO. 312

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2023

 

Private Member's Bill

 

Net Zero Buildings, An Act to Encourage

 

Susan Leblanc
Dartmouth North



First Reading: April 11, 2023

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 amends the Building Code Act to

(a) allow municipalities to make by-laws encouraging or requiring construction to achieve net-zero energy status;

(b) permit the by-laws to exceed the standards set by the Building Code or the regulations; and

(c) allow for financial incentives.

Clause 2 requires the Minister of Public Works to make regulations within 12 months of the coming into force of the Section to adopt and enforce the energy performance tiers in the 2020 National Building Code and 2020 National Energy Code.

Clause 3 amends the Real Estate Trading Act to require the Minister of Service Nova Scotia and Internal Services to develop a Real Estate Efficiency Disclosure Program that ensures disclosure of a building's energy efficiency performance at the time of sale of the building.

Clause 4 requires a real estate efficiency disclosure statement in every agreement of purchase and sale for real estate that includes a building.

An Act to Encourage Net Zero Buildings

Be it enacted by the Governor and Assembly as follows:

BUILDING CODE ACT

1 Section 7 of Chapter 46 of the Revised Statutes, 1989, the Building Code Act, as amended by Chapter 18 of the Acts of 1998 and Chapter 47 of the Acts of 2005, is further amended by adding immediately after subsection (2) the following subsections:

    (3) Notwithstanding subsection (1), the council of a municipality may pass by-laws adopting programs to encourage or require construction to achieve net-zero energy status.

    (4) A by-law passed under subsection (3) may

    (a) be inconsistent with this Act and the regulations to the extent that it imposes a higher standard of energy efficiency than that required by this Act, the regulations or the Building Code;

    (b) extend to new construction, renovations or both;

    (c) apply to buildings or specific components or elements of buildings; and

    (d) include financial incentives.

2 Chapter 46 is further amended by adding immediately after Section 27 the following Section:

    28 (1) Within 12 months of the coming into force of this Section, the Minister shall make regulations respecting the adoption and enforcement of the energy performance tiers in the 2020 National Building Code and 2020 National Energy Code on a prescribed schedule with the last tier's adoption occurring no later than December 31, 2030.

    (2) The exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.

REAL ESTATE TRADING ACT

3 Chapter 28 of the Acts of 1996, the Real Estate Trading Act, is amended by adding immediately after Section 29 the following Section:

    29A (1) The Minister shall develop a Real Estate Efficiency Disclosure Program that ensures disclosure by a seller of a building's energy efficiency performance at the time of a sale of real estate including a building.

    (2) The Program must include a real estate efficiency disclosure statement to be completed by the seller of real estate including a building and provided to the buyer before the execution of an offer to purchase the real estate.

4 Subsection 30(1) of Chapter 28 is amended by adding immediately after clause (c) the following clause:

    (ca) where the real estate includes a building, the information contained in the real estate efficiency disclosure statement for the building;

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2023 Crown in right of Nova Scotia. Created April 11, 2023. Send comments to legc.office@novascotia.ca.