Codes, Standards & Regulations
Ron Kato
In This Chapter
Building codes articulate the minimum acceptable standard of construction and have been developed to require industry wide adherence to quality and life safety systems standards. Areas that have emerged that are particularly relevant to the design of environmentally responsive buildings include energy performance and water systems.
Architectural Building Codes
National Building Code of Canada (NBCC)
The NBCC is updated regularly on a five year cycle. All provincial building codes use the NBCC as the base document and add / delete specific aspects to address local practices and concerns.
The Illustrated User’s Guide: NBC 2015 Part 9 of Division B: Housing and Small Buildings is helpful to explain many confusing aspects of the Code.
Provincial Building Codes
Construction standards and public safety are under provincial jurisdiction which allow for regional differences. In general terms the provincial codes are updated following the revision schedule, and revised codes are usually issued shortly after the NBCC. The current version of the BCBC is available here
Energy Codes
In Canada energy usage in complex buildings governed by Part 3 of the NBCC is regulated by the National Energy Code of Canada for Buildings (NECB) and by Part 9 of the NBCC – for small buildings. Having recently committed to a long-term strategy to develop and implement more stringent energy performance targets, each iteration of the code has raised the minimum standard which may be built.
User’s Guide: National Energy Code of Canada for Buildings 2017
What you need to know about the new building codes
British Columbia Step Code
After introducing energy performance targets in 2008, an alternate compliance path for the BC Building Code (BCBC) – has also been defined – the BC Step Code – which offers an optional performance based approach to meet BCBC energy efficiency requirements to local Authorities.
The Step code has a tiered approach as indicated in Figure 5.1 and Figure 5.2 below with the overall objective of requiring buildings to be net-zero ready by 2032.
More detailed information on the intent and details of the implementation of the BC Step Code.
Following the lead of the BCBC, the NBCC is also intending to introduce similar tiered energy targets will also be introduced in the 2020 NBCC.
Plumbing Codes
The systems and appliances that convey water within buildings are governed by Plumbing Codes, which are developed in conjunction with the Building Code. The BC Plumbing Code addresses safety, health & sanitation, environmental protection concerns and efficiency
Download the 2015 National Plumbing Code of Canada
Download the 2018 British Columbia Plumbing Code
Buildings within rural contexts cannot depend on the centralized systems & services available in urban areas for either their domestic potable water needs or to convey waste water away, but must depend on site-based systems. Domestic water may be obtained from subsurface aquifers or from water bodies on the site if present, or from rain falling on the site. Site-based sanitary disposal systems are also generally a requirement – these systems offer a range of levels of waste water treatment depending on the treated quality of water that is desired.
Despite the technological advances in recent years that enable the tertiary treatment and polishing of water to meet the a range of standards for human consumption and other uses, The Code has not been updated to address this and still defines the use of water using just 2 distinct water qualities: Potable or Effluent.
There are 3 areas of concern for buildings in rural settings:
Potable Water
For the vast majority of buildings in Canada, potable water is available at the property line, provided by the local AHJ. As the Code requires that all buildings in Canada be provided with potable water, buildings in remote locations must include for a water treatment system to upgrade water available at the site to potable standard.
All buildings in Canada regulated by the Building Code are required to be supplied with a potable water supply. Health Canada regulates Potable water quality through its Guidelines for Canadian Drinking Water Quality
In BC, potable water is regulated by the Drinking Water Protection Act.
Waste water
The treatment of all wastewater to recognized health standards, its separation from clean water sources and from coming into contact with people are fundamental principles of how wastewater is regulated in Canada.
Once potable water has been used, it is considered by the Code as effluent. Building Codes & Health guidelines require all effluent to be kept physically separated and treated prior to discharge. For buildings in urban areas, this requires simply being connected to the local sanitary sewer which transports liquid waste to a central processing facility. For buildings in rural or remote locations, all sanitary wastes must be treated prior to being discharged to the environment.
In BC, The Sewerage System Regulation governs the management and performance of on-site sewerage systems.
Grey Water
Gray water is a term used to label used water that has not been heavily contaminated with pathogens. According to the State of Victoria department of Health (Australia) grey water is “Waste water from non-toilet plumbing systems such as handbasins, washing machines, showers and baths …” see https://www.epa.vic.gov.au/for-community/environmental-information/water/about-wastewater/about-greywater
In Canada there is an abundance of fresh water in comparison with many other jurisdictions that are located within drier climatic zones such as Australia and California. Both of these jurisdictions have been forced to adapt to chronic water shortages using reclaimed water to supplement the limited fresh water supply available. In response to increasing interest in water reclamation, the federal government developed a regulatory framework to allow the reclamation of gray water for re-use.
The Federal Government has published the Canadian Guidelines for Domestic Reclaimed Water for Use in Toilet and Urinal Flushing [PDF]
In British Columbia, the Reclaimed Water Guideline has been developed as a companion document to the BC Municipal Wastewater Regulation which regulates how grey water can be re-used.
Other Guidelines:
- CSA Standards: These standards specify requirements for the design and installation of non-potable water systems for applications such as flushing toilets, irrigating lawns and gardens, washing automobiles, showering, bathing, washing clothes, or heating and cooling. The B128.2 Standard specifies requirements for the maintenance and field testing of non-potable water systems.
- CSA B128.1-06 Design And Installation Of Non-Potable Water Systems
- CSA B128.2-06 Maintenance And Field Testing Of Non-Potable Water Systems
- B128.3-12 Performance Of Non-Potable Water Treatment Systems
Regulatory Framework – the Natural World
There are numerous Federal and Provincial acts, regulations and other documents that have been enacted with the objective to help protect various aspects of the Natural World from the damaging effects of human activity. Construction of buildings and other infrastructure in natural settings can result in disruption and lasting damage to the ecological integrity of the site – together the following documents provide a level of limited protection for the environment that should be considered in the design process
Federal Acts
Species-At Risk Act
The Species at Risk Act (SARA) provides protection to plant and animal species listed under Schedule 1 of SARA. Listing of species by Schedule 1 imposes statutory requirements for the management of listed species, which includes monitoring, assessment, response, recovery, and program evaluation of each species.
SARA makes it an offence to:
- Kill, harm, harass, capture, or take an individual of a listed species that is extirpated, endangered, or threatened
- Possess, collect, buy, sell, or trade an individual of a listed species that is extirpated, endangered, or threatened, or its part or derivative,
- Damage or destroy the residence of one or more individuals of a listed endangered or threatened species or of a listed extirpated species if a recovery strategy has recommended its reintroduction.
Fisheries Act
The Fisheries Act provides for the management of fisheries resources and the protection of fish and fish habitats. Fish are defined by the Act as “fish, shellfish, crustaceans, and marine animals” as well as the “eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans, and marine animals.” Further, fish habitats are defined by the Act as “spawning grounds and nursery, rearing, food supply, and migration areas on which fish depend directly or indirectly in order to carry out their life processes.” The Fisheries Act is administered by Fisheries and Oceans Canada (DFO).
The Act prohibits:
- any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational, or Aboriginal fishery, or to fish that support such a fishery
- the deposit or allowing the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance may enter any such water.
- the carrying on of a work, undertaking or activity, other than fishing, that results in the death of fish or activity that results in the harmful alteration, disruption or destruction of fish habitat.
Migratory Birds Convention Act, 1994
The Migratory Birds Convention Act provides for the protection of migratory birds and migratory bird and is administered by the Canadian Wildlife Service (CWS) of Environment and Climate Change Canada. The Migratory Birds Convention Act provides protection for migratory birds regardless of whether formal approval is required. The inadvertent harm, killing, disturbance or destruction of migratory birds, their nests and/or eggs as a result of activities such as clearing trees and other vegetation, draining, and flooding land, or using fishing gear is known as incidental take.
To achieve compliance with the law and to minimize the risk of incidental take, all vegetation removal should be conducted outside the bird-nesting season (March 15 to August 31) as identified on the Environment Canada website.
Canadian Environmental Assessment Act.
The Canadian Environmental Assessment Act (CEAA) was established to ensure that the environmental effects of federal projects are fully considered, to promote sustainable development, and to ensure public participation in the environmental assessment process. The Environmental Protection Branch of Environment Canada is responsible for administering CEAA. The CEAA project review process is triggered when a federal authority either proposes a project, grants money to a project, grants an interest in land to a project and/or, exercises a regulatory duty in relation to a project. The proponent is typically responsible for addressing the information needs of the CEAA regulatory agency.
Provincial Acts
BC Wildlife Act
Management of wildlife in Canada is shared responsibility by the federal, provincial, and territorial governments. Federal responsibility includes protection of migratory birds, significant wildlife habitat, for endangered species, research and international issues.
Section 34 of the Wildlife Act provides specific protection for nesting birds.
The Forest and Range Practices Act:
The Forest & Range Practices Act (FRPA) outlines how all forest and range practices and resource-based activities are to be conducted on Crown land. This ensures protection of everything in and on the landbase such as plants, animals and ecosystems.
The Private Managed Forest Land Act
The Private Managed Forest Land Program was established in 2003 under the Private Managed Forest Land Act, under which landowners commit to manage their property for long-term forest production, including meeting legislated objectives for key public environmental values.
The Water Sustainability Act
The intent of the Water Sustainability Act (WSA) is to ensure a sustainable supply of fresh, clean water that meets the needs of B.C. residents today and in the future. The WSA is the principal law for managing the diversion and use of water resources. The WSA provides important new tools and updates B.C.’s strategy for protecting, managing and using water efficiently throughout the province. The act provides for the protection of groundwater and regulates groundwater wells and aquifers
The Weed Control Act
Within the Weed Control Act are regulations that address how to manage Invasive species that may be found in BC.
Riparian Area Protection Regulation
The Riparian Areas Protection Regulation (RAPR) provides legislated direction to achieve improved fish and fish habitat protection. The RAPR calls on local governments to protect riparian areas during residential, commercial, and industrial development by ensuring that a Qualified Environmental Professional (QEP) conducts a science-based assessment of proposed activities.
BC Environmental Assessment Act
The BC Environmental Assessment Act provides a mechanism for reviewing major projects to assess their potential impacts. British Columbia’s environmental assessment process is important to ensure that major projects meet the goals of environmental, economic and social sustainability.
Learn more about the BC Environmental Assessment Act
Media Attributions
- Figure 5.1 Pathway to 2032: Part 3 (Wood-Frame Residential) © BC Energy Step Code is licensed under a All Rights Reserved license
- Figure 5.2 Pathway to 2032: Part 9 (Homes) © BC Energy Step Code is licensed under a All Rights Reserved license