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F O R B U I L D I N G O W N E R S , A S S E T A N D P R O P E R T Y M A N AG E R S

VOL. 25 NO. 6 â&#x20AC;¢ DECEMBER 2018

UNIVERSAL PERSPECTIVE DESIGN FOR ALL AGES AND ABILITIES PA R T O F T H E

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TABLE OF CONTENTS

CONTENTS 14

COVER STORY

BOOMING DEMAND FOR UNIMPEDED SPACE Accessibility certification bolsters a demographic in denial of its disabilities

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IN THIS ISSUE

NO ONE EXCLUDED

SALT DEMAND SNOWBALLS

HYGIENE HYPOTHESIS RAISES A STINK

Accessibility standards underpin design that works for all residents

Anticipated inventory storage could drive up winter maintenance costs

U.S. cleaning products industry gets defensive over Canadian health research

BATTERIES ASSAULT ELECTRICITY PRICES

CHARGING AHEAD

SAFETY NET FOR ENDANGERED SPECIES

Energy storage can support renewables and curb peak loads

Commercial buildings tagged to host more EV infrastructure

Court deems federal emergency orders constitutionally valid

22 34 46

FIZZY WATER EUREKA Queen's University researchers devise recipe for better performing latex paint

SUB-METERING BASICS FOR EMERGING TECHNOLOGIES Best practices for integration and accuracy in thermal energy systems

REPLICATING NATURE Humans are wired to respond to varying light conditions

ACCESSIBILITY

BOOMING DEMAND FOR UNIMPEDED

SPACE BY BARBARA CARSS

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Accessibility certification bolsters a demographic in denial of its disabilities

ACCESSIBILITY

Photos courtesy of the CN Tower

ne of Canada's most iconic buildings is one of the earliest adopters of Rick Hansen Foundation Accessibility Certification (RHFAC). That's fitting since Hansen was likewise a trailblazer at the CN Tower as the first wheelchair user to navigate the exhilarating EdgeWalk attraction, in sync with the Tower's partnership with the 2015 Parapan Am Games in Toronto. "That's when we launched our accessible EdgeWalk and he was able to give our staff direct feedback," recounts Patrick Leavey, Manager of Marketing and Communications at the CN Tower. "For us, or for any building manager, designer or architect, this kind of insight on accessibility is priceless." With the rollout of RHFAC â&#x20AC;&#x201D; based on inclusive design principles set out in CSA Standard B651, Accessible Design for the Built Environment â&#x20AC;&#x201D; real estate operators can look to CSA-accredited professionals for guidance on making their buildings more welcoming and workable for people of all abilities. In turn, earning an Accessibility Certified or Accessibility Gold rating could help a building stand out in the marketplace. Thus far, the program has the most presence in the Rick Hansen Foundation's home base of British Columbia, where the provincial government has allocated $9 million to underwrite free accessibility ratings of up to 1,100 commercial, multi-residential or institutional buildings by March 2019 and to provide grants of up to $20,000 for accessibility improvements. The CN Tower's commitment and a consultative relationship with the Building Owners and Managers Association (BOMA) of Canada signals burgeoning wider interest. "We attract tourists from around the world. We want to be fully inclusive and fully accessible," reiterates Jimmy Cheung, Director of Facilities and Engineering at the CN Tower. "We've got an aging population and accessibility has never been a more important issue," concurs Benjamin Shinewald, BOMA

Canada's President and Chief Executive Officer. "It affects our industry's customers. They are our tenants or guests in our tenants' suites in office buildings. They are our guests in malls. They live in our multi-res buildings." TRAINING RHFAC PROFESSIONALS RHFAC assesses and rates how people across the entire spectrum of mobility, vision and hearing abilities might navigate, interact with structural and design features and/or comprehend and respond to emergency signals and evacuation procedures within a building and its related site. Practitioners in a range of building-related services, such as design, construction, planning and code oversight, have the prerequisites for the specialized training now available in Vancouver, Calgary, Toronto and Halifax. "We are really looking forward to being able to do more work in Ontario," says Sarah McCarthy, Vice President, Strategic Initiatives, with the Rick Hansen Foundation. In November, an inaugural class of prospective RHFAC designated professionals completed the first intensive four-day training course to be offered in the province. Split over two separate weekends to accommodate students with fulltime work schedules, it included two days of classroom work at Toronto's George Brown College and two days of field experience, with trainees conducting supervised assessments in buildings and their surrounding sites. Following the course, candidates must pass a required exam (administered by CSA Group) within the next 12 months and complete further field training under the mentorship of an accredited assessor in order to attain an RHFAC professional designation. From there, RHFAC administrators foresee some graduates will apply it directly, conducting ratings and providing accessibility consulting services to the real estate sector, while others will use the knowledge to better inform their work designing and constructing built www.REMInetwork.com

ACCESSIBILITY

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space or approving plans and ensuring code compliance. "Sometimes it's a matter of thinking about things clients might not know they want and advising them that it will make their lives easier, either now or in the future," reflects Caleb van Esch, a principal in a Guelphbased family construction firm and one of the two designated RHFAC professionals currently working in Ontario. "I'm trying to help people understand what it's like to get around in a world that was not built for accessibility," says Julie Sawchuk, a paraplegic herself, who holds the other Ontario designation. Sawchuk and van Esch got their training in Vancouver and have helped lay the groundwork for some of the first certifications in Ontario. While they brought differing initial expertise — van Esch as a skilled tradesperson and Sawchuk as a teacher, writer and speaker with personal insight into mobility challenges — both commend the course for broadening their perspective. "It opened my eyes to other types of disabilities," Sawchuk acknowledges. Similarly, many people benefit from accessibility improvements passively rather than knowingly. "A lot of baby boomers don't really consider themselves to have a disability even though their hearing might be only 25%," van Esch notes. RETURN ON INVESTMENT Living in a small town near Lake Huron where tourism is a major driver of the local economy, Sawchuk reports contractors and businesses show strong interest in ensuring new projects are accessible from the beginning, and in making sensitive upgrades to existing buildings. That includes Cowbell, a local craft brewery with associated event and retail space where she has provided guidance.

ACCESSIBILITY "It will likely be Canada's first RHFAC Accessibility Gold brewery," she says. "Businesses need to do it because it increases their customer base. We see evidence of that every day at Cowbell." van Esch performed the first accessibility audit at the CN Tower and drafted the recommendations that led to its current Accessibility Certified rating — signifying that it scored 60 to 79% for meeting accessibility criteria across eight different aspects of built space. These include: vehicular access; exterior approach and entrance; interior

circulation; interior services and environment; sanitary facilities; signage, wayfinding and communications; emergency systems; and additional use of space. "Our next target is Accessibility Gold," Cheung reveals. "Caleb has done a more detailed audit that essentially spells out what we need to do to be best in class." This will serve as one of the strategic guides of the CN Tower's capital planning process. However — as accessibility advocates stress — many improvements aren't big-ticket investments. For example,

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the colours, type face and physical placement of signage can have a big impact on how people understand, move through and enjoy their surroundings. "There is a huge population of baby boomers and if local governments want them to be able to use libraries and recreation centres, these are things they have to think about," van Esch observes. PROGRESS AND CHALLENGES Recent CN Tower upgrades, unveiled earlier this year, are proving their worth. For example, the new floor-to-ceiling glass walls in the viewing area make the panorama universally accessible for everyone — including those with mobility challenges and children — replacing an opaque wall that previously rose up approximately three feet from floor level. The RHFAC label also confirms to prospective visitors that the premises meet accessibility standards. "People who have a person with a disability in their group will often have a concern about parking," Leavey says. "If someone is trying to plan a visit, and they see this information on our website, it will give them a measure of confidence." From her lived experience, Sawchuk judges that property and facilities managers and business operators are open to making improvements, but could benefit from the structured guidance that RHFAC provides. She cites the example of a hotel room's accessible shower where the taps are positioned out of reach from the bench where users sit. "When I go places that are not accessible and I say something about it, people are always receptive," she affirms. "Somehow, there needs to be an easier way to reach the people who are making the decisions about the details like where the taps and paper towel dispenser are located." Shinewald recalls his own immersion during the half-day training course he participated in through the Rick Hansen Foundation. Donning goggles to impede his vision, he was sent to complete normally routine tasks that suddenly became much more cumbersome and stressful. In contrast, prioritizing accessibility was an easy decision for BOMA Canada. "We want to shape the culture of the industry in a matter that is positive," he says. "It has been a good relationship with the Rick Hansen Foundation and the relationship continues." ■

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ACCESSIBILITY

NO ONE EXCLUDED Accessibility standards underpin design that works for all residents BY JOSE DE OLIVEIRA

n condominium corporations, accessibility is too often — and wrongly — associated with unexpected and significant costs and veiled threats of legal action against unresponsive boards and property managers. It may be more helpful to think of through the lens of inclusivity, which is warmer and more inviting and simply means not excluding anyone. It’s true: boards and property managers have certain obligations under the Accessibility for Ontarians with Disabilities Act (AODA), which has the ultimate goal of making Ontario barrier-free by 2025. This legislation is accompanied by the Integrated Accessibility Standards Regulation, which sets accessibility standards for customer service, information and communications, employment, transportation and the design of public spaces. The accessibility standards for customer service and the design of public spaces have particular relevance in condo communities. On-site property management, for example, is contracted to provide a standard of service to all of the corporation’s residents. AODA requires that the same standard of service be upheld for everyone, regardless of disability. The accessibility standards for the design of public spaces may apply to such features as

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parking and paths of travels when they’re either being newly created or undergoing major changes. IN STEP WITH REFURBISHMENT A condo refurbishment project is the perfect time to consider the physical building and come up with a cost-effective plan to provide a more inclusive and accessible environment. In undertaking any renovation, a board should always consider accessibility and inclusivity issues that may be more economical to address as part of a larger scale refurbishment. The trades are already on site, and considering the future needs of the condo community makes dollar sense in the actual construction costs, enhancing the environment of the community and adding real estate value. Boards in existing buildings — especially older ones — can be proactive by installing such features as automated doors, voice floor annunciators in elevators, lower elevator buttons and braille-stamped plates. Other measures might include removing existing stairs and creating a flat and/or sloped surface in the main lobby. Boards can go even further and build an accessible ramp for residents and guests alike to use.

Another benefit of adding accessibility and inclusivity features to renovation projects is that the enhancements can be incorporated so that, aesthetically, they become part of the overall fabric and palette of the refurbishment. Adding the accessibility features after the fact, in order to be compliant, means that these features will not exactly blend in with the renovation design, and as an add-on may even look out of place. The costs may also be significantly more as a smaller independent project which may even compromise the original finishes in order to install these features. Here’s a look at how the principles of accessibility and inclusivity might be proactively applied in two key common areas: the mail room and the management office. MANAGEMENT OFFICE Simple changes to a management office can make it more inviting to a greater number of residents in the community. Directors should make a number of considerations for this space. First of all, how will residents enter the management office? Is an accessible door, operated by push button or paddle, installed? The most recent upgrade to this technology

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ACCESSIBILITY also allows for a touchless activation sensor which will trigger the door opener with a simple wave in front of the device. Also in the entryway, the door threshold can create a tripping hazard. Removing the door threshold and installing a door sweep will level the floor, ensuring strollers, grocery buggies, scooters and walkers have easy access to the management office. Creating a welcoming space for everyone who enters the management office is not simply a matter of who can access the space. What do residents experience once inside? There are a number of ways to make the management office feel inviting and open. Push back the counter or reception desk to create a comfortable waiting area; provide standing and seated counter-height options; and provide enough surface space on the counter for any business transaction. There is nothing more annoying than sitting at a counter and organizing papers on one’s lap. Also consider a soft colour scheme and lighting, such as LED. Crowded spaces will simply make residents feel uncomfortable and irritable and deter them from coming in at all. The more inviting the management office, the more encouraged residents will be to engage with

their property manager in person rather than on the phone or by email. Speaking of which, the corporation also has a responsibility to provide management staff with the tools that they require to perform their duties efficiently. Those tools may include ergonomic office equipment such as chairs and keyboard trays. The management office itself should be an inclusive working environment, also allowing any potential future staff to transition into their new working space. Most managers tend to meet residents from across their desk, portraying a figure of unmoving authority. A round table creates an atmosphere of relaxed informality and is ideal for promoting discussion. The manager who invites residents to this different space still maintains authority but will diffuse feelings of anxiety and uncertainty. MAIL ROOM/MAIL LOUNGE Mail room areas can be tight quarters. Not everyone is comfortable with the close proximity of others as residents reach over and across, and move around each other, in an attempt to retrieve their mail. During a recent mail room refurbishment, board members were invited to walk the

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area pushing a standard-sized wheelchair in order to appreciate the overall physical requirements for space. Line drawings to scale and measurements are extremely useful but flat. Walking through an area can help provide a visual and physical sense of space. As a result of their experience, the directors worked with their contractor to divide the mail room and the lobby lounge more equitably to provide more space for people to pick up their mail — particularly parents with children, residents using wheelchairs and bundle buggies, and residents accompanied by caregivers. In addition, the width of the ledge at the mailboxes was increased, providing residents with more than adequate space to sort their mail and dispose of junk mail. Many of these improvements supported the corporation’s duty to provide inclusive customer service to all of its residents. Further, the redistribution of the space ensured that Canada Post personnel were able to manoeuvre their mail carts and trolleys confidently in the mail room, without damaging any of the wall finishes. So, while this was an improvement that would benefit all residents, it also was a proactive measure to limit the amount of damage that could potentially occur under normal circumstances. Before getting started on a renovation, boards need to understand their specific community. The refurbishment is not a wish list or a spending spree of “I want.” Boards must seriously consider what will enhance the greater community. And that community includes all ages, every type of family unit and people with visible and invisible physical, emotional and mental health challenges, which may be related, but not limited, to mobility, arthritis, anxiety or depression. Many boards have agreed to fund accessibility-driven modifications to common elements through their reserve funds in cases where the benefit is inclusive and community wide. Some accessibility and inclusivityoriented enhancements may end up being cost-prohibitive, but boards should at least consider possible alternatives before setting aside an idea altogether. ■ ________________________________________

JOSE DE OLIVEIRA IS A PRINCIPAL AND PROJECT MANAGER WITH JCO & ASSOCIATES, SPECIALIZING IN REFURBISHING CONDOMINIUM COMMON ELEMENTS. FOR MORE INFORMATION, SEE THE WEBSITE AT HTTPS://JCOANDASSOCIATES.COM.

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ENERGY MANAGEMENT

BATTERIES ASSAULT ELECTRICITY PRICES Energy storage can support renewables and curb peaks loads

BY ERIN RUDDY

ub-metering has been one of the most effective energy-saving solutions in the multi-residential sphere. Putting payment into the hands of tenants has prompted conservational behaviour, which, when combined with HVAC upgrades, lighting retrofits and other building improvements, has been proven to deliver savings of up to 30%. For landlords pursuing higher performance, additional consumption cuts could potentially come from the use of renewable energy sources, like solar and wind. However, a lack of intelligent management systems to store and deploy surplus energy has inhibited these intermittent sources from readily gaining favour. Enter behind-the-meter energy storage systems, a not-so-new technology that’s been making waves in the clean tech space. Simply put, energy storage is the process of capturing energy produced at one time to use at a later time. Business magnate Elon Musk has been popularizing this method since the launch of the Tesla electric car in 2003 and, more recently, with the Powerwall “at-home”

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battery. But Musk isn’t the only one touting the merits of this renewable energy solution. Heading into 2019, developers and distributors worldwide are working toward its mainstream integration. The advent of intelligent management software, enhanced regulatory measures and design improvements have incrementally lowered the cost of systems — making market conditions for customer-located energy storage ripe. Today, commercial building owners who are seeking more control over their energy costs and increased reliability have begun to take notice. COMMERCIAL BUILDING INSTALLATIONS Starlight Investments, a privately held Canadian real estate asset management company with more than 36,000 multiresidential units across North America, is buying in. In August, the company announced it had partnered with Peak Power Inc., an energy storage service provider, to install up to 2350 kilowatts (kW), or 4700 kilowatt-hours (kWh), of energy storage. The behind-the-meter battery systems at Bloor Islington Place

in Toronto are projected to cut electricity costs by up to 15% by reducing the need for power from the grid during times of peak demand. “We are delighted to be one of the first commercial building owners in Canada to install behind-the-meter battery energy storage,” says Perry Rose, Executive Director, Procurement and Technical Services, Starlight Investments. “Innovative technology, such as energy storage and Peak Power’s software, are providing options to building owners for better ways to manage their day-to-day energy needs.” The installation at Bloor Islington Place is one of six sites Peak Power installed with funding from the Sustainable Development Technology Canada — a foundation that supports Canadian research and development projects that harness clean, innovative technologies with viable, sustainable potential. Once complete, the six sites will be aggregated into a “virtual power plant” to provide additional services to the Ontario grid. Peak Power also has a site using a Tesla Energy Storage System at the

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Thomson Building at 65 Queen Street West in Toronto. “Starlight is committed to sustainability for the benefit of all stakeholders including residential and commercial tenants, as well as visitors to our properties,” Rose maintains. “We continue to seek new and innovative ways to improve our carbon foot print and minimize energy and physical waste. As this technology develops, we’ll certainly be watching for opportunities to integrate it on a larger scale.”

MITIGATING THE GLOBAL ADJUSTMENT As utility consumers are all-too aware, the Global Adjustment (GA) fee isn’t cheap. Accounting for up to 80% of the commodity cost of electricity, the GA covers a bucket of costs including contracted rates paid to regulated and contracted generators, the costs of refurbishing nuclear generating plants and conservation and demand management programs. For customers with a least one megawatt (MW) of demand, Global Adjustment charges are

calculated by looking a their energy use as a share of the total energy use during the five hours of the year when the overall demand for electricity is at its highest — known as the five coincident peaks. Forecasting these five peaks is complex. Analysts have relied on spreadsheets, regression analysis and general intuition to predict when peak events will occur. This was one of the driving factors that prompted Starlight Investments to pursue a partnership with Peak Power. “The electricity grid is changing due to the growth of new technologies, such as solar power and electric vehicles,” says Matthew Sachs, Chief Operating Officer with Peak Power. “Battery energy storage can help balance the grid by providing fast-acting response to short-term fluctuations in supply and demand, such as peak demand events, which put a strain on the grid. Installing energy storage at your building can help you save up to 25% on your electricity bills, while also providing grid services to utilities, reducing GHG emissions from electricity production, and improving grid resiliency.” Utility rates drive the business case. “Currently this technology makes the most sense in Ontario for Class A customers, which are large energy users. The tariff structures have been changing, however, and the trend has been to allow more participation,” Sachs says. A potential obstacle for multi-residential apartment buildings is that the technology can only be implemented if it’s a bulkmetered building. With plenty of those still in existence, though, this might be the option hesitant owners have been waiting for. Sachs makes the following arguments for batteries: • Batteries can improve data centre reliability; • They can provide power even without a cooling load; • They are a cleaner alternative to on-site fossil fuel generators; • They are a good fit for dispensing energy for short durations during power outages; and • Prices continue to drop as the market continues to develop. ■ ________________________________________

ERIN RUDDY IS THE EDITOR OF CANADIAN APARTMENT.

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ENVIRONMENTAL EXPOSURE

FIZZY WATER EUREKA Queen's University researchers devise recipe for better performing latex paint

BY DAVID MAHER

esearchers at Queen’s University in Kingston, Ontario, have developed a new more environmentally friendly type of paint. Philip Jessop, the Canada Research Chair in Green Chemistry, Michael Cunningham (Chemical Engineering), and graduate student Jaddie Ho have used carbonated water to replace the oil-based solvents that are typically needed for more durable performance. The resulting high-performance product with low environmental impact opens up a potentially broader range of applications than conventional latex paints now cover. “Most consumers already use waterbased paints because high performance isn’t needed when you paint your living room,” Dr. Jessop explains. “However, industry still uses oil-based paints when they paint something they just manufactured, because they need the paint to be hard, glossy, scratch-resistant and incredibly smooth. By giving industry a water-based paint that works the same way as an oil-based paint, we hope to reduce organic solvent emissions from industrial operations and thereby reduce harm to the environment and health risks to workers.” All paints are comprised of a liquid, a polymer and additives like pigments. In

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oil-based paints, the polymer actually dissolves in the liquid, which is an organic solvent. The polymer can then be applied as a smooth film on the wall, but, on the downside, the solvent evaporates into the environment. The chemistry of water-based paints is

polymer film in just the same way as an oil-based paint, but without the same risk to your health or the environment,” Dr Jessop says. The new paint is more resistant to water than a commercial latex paint and is non-flammable. It also works well at

“MOST CONSUMERS ALREADY USE WATER-BASED PAINTS BECAUSE HIGH PERFORMANCE ISN’T NEEDED WHEN YOU PAINT YOUR LIVING ROOM.” different because rather than dissolving, the polymer forms into tiny balls of plastic that float suspended in the water. These microscopic balls of plastic then merge to make a layer of plastic when they are applied on a wall — although not always effectively. The Queen's researchers found that some basic polymers will dissolve in carbonated water. “If you use our paint you’ll brush or spray our mixture of carbonated water and dissolved polymer onto a surface, and the club soda will evaporate — leaving behind a smooth, water-repelling

lower temperatures, allowing for exterior painting projects in the spring or fall. Dr. Jessop and his research team are currently working with GreenCentre Canada and a paint and coating company to refine the technology. “Paints and coatings are complicated mixtures of polymer, liquid, pigment, preservatives, opacity agents and other components," Dr. Jessop notes. "Finding the best recipe using these ingredients is a complex and time-consuming task, but necessary before a technology like this can be sold." ■

ENVIRONMENTAL IMPERATIVES

SALT DEMAND

SNOWBALLS

Anticipated inventory shortage could drive up winter maintenance costs BY MICHELLE ERVIN

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ENVIRONMENTAL IMPERATIVES

rivate property owners in Ontario could find themselves paying a premium to keep their walkways safe this winter. Rock salt is expected to be less available locally and cost more to source after flooding and a strike hampered output at two of three major mines, according to Landscape Ontario, a trades association whose members include snow contractors. Tony DiGiovanni, Executive Director of Landscape Ontario, explains that municipalities are at the front of the line to get the allocations they need for road-clearing operations from the mines. With only so much salt to go around, snow contractors for private properties, and their suppliers, have been informed they will need to make alternative arrangements. DiGiovanni said one option has been to establish new relationships overseas and pay higher prices upfront to have salt shipped in from Chile, Egypt and Morocco before the St. Lawrence River freezes. But he added that some contractors may need help from their clients to come up with the financial resources and storage space to pursue this route, and those who do may still find themselves coming up short. “There are two issues,” said DiGiovanni. “One is the extra cost. Two is, even with the barges coming in, there is not going to be enough supply, depending on the weather, because the inventory that was in place was knocked out with the late winter storm we had this year.”

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ANTICIPATING SURCHARGES, STRETCHING SUPPLIES Trusted by residents and home Landscape Ontario has been trying to get the word out about the owners for over 30 years. shortage in salt inventory so snow contractors and their clients can plan accordingly. Paul Chisholm, MBA CPA CA 905-763-8203 One condo management company has responded by encouraging Pchisholm@berkleypm.ca www.berkleypm.ca condo corporations to consider buying enough bagged salt and other de-icers to fill as much as an extra skid each. That way, staff can take steps to prevent slips and falls while waiting for snow contractors to attend to their properties following precipitation. Berkley_GTA_November_2016.indd 1 2016-11-11 “Depending on the terms of [their] landscaping contract, corporations should also be prepared for the budget impact,” Crossbridge Condominium Services advised recently. “Surcharges of $30/ton are anticipated from landscapers. As sites can use as much as 10 tons a month, the incremental costs could mount.” These figures suggest condo corporations may face a monthly premium of up to a few thousand dollars, assuming their snow contractors are able to satisfy that level of demand for salt on their site. But the question of cost will become academic if supplies run out before the end of the season. Full Service Maintenance since 1998 Landscape Ontario has also outlined a number of strategies for Building Maintenance & Janitorial Services stretching limited supplies. They include calibrating equipment, mixing salt and sand, reviewing which parts of properties require salt coverage, and using other de-icing alternatives, such as beet juice or treated salt. RISK SPURS PREVENTATIVE ACTION Property owners and their snow contractors have a compelling reason to salt generously: to avoid being accused of negligence and getting sued for damages by people injured in slip-and-fall accidents. The de-icing product is generally seen as the best way to melt and prevent the slippery patches that can form on pavement in the winter and pose a hazard. The Occupiers’ Liability Act imposes a legal duty on property owners to take reasonable steps to keep people safe on their premises. During the winter months, ploughing and putting down salt and sand after it snows are certainly among the steps that people expect property owners to take, but they alone may not be enough. “The courts have also been looking more and more at whether or not you took any preventative action,” said personal injury www.REMInetwork.com

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ENVIRONMENTAL IMPERATIVES

lawyer, Matthew Reid, an associate at Cohen Highley LLP. That includes the practice of monitoring the weather and salting before freeze-thaw cycles. He suggests other precautions could include blocking off and posting signage alerting people to non-maintained areas of the property, and surveying properties ahead of the winter season and fixing gaps in pavement where water could pool and freeze. Condo corporations generally offload their liability for seasonal slips and falls onto their

snow contractors, which Reid characterized as a best practice. But having this type of agreement in place doesn’t absolve property owners and managers of all responsibility. Snow contractors can’t address conditions they’re not aware of, and he noted that condo corporations have to exercise caution in implementing additional measures to mitigate slip-and-fall risks. “If a condo corporation farms out everything to a contractor, any other action that they take can be seen as basically taking over liability

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from them,” Reid explained. “So it’s really important, if there are problems, to connect with the maintenance company and let them know: I’ve put down some salt because there’s a bunch of ice, but can you come out and take a look at everything?” UNTENABLE MODEL The shortage in salt inventory this winter may be a short-term crisis, but one snow contractor suggested that extenuating factors have simply caused a spike in a longer term trend. David Lammers, president of Garden Grove Landscaping, said snow contractors who buy directly from the local major mines have not been able to get enough of the de-icing product to make it through the season without tapping into other sources for the last seven winters. Demand for salt has outpaced supply in recent years, snowballing due to client expectations, frivolous lawsuits and weather patterns. In Lammers' opinion, the current terms of the relationship between property owners and snow contractors, in which contractors bear the full brunt of exposure to slips and falls, is becoming increasingly untenable. “It’s going to come to a head because guys can still get insurance, but it’s getting harder and harder, and the rates are going up and up, and it’s all because of liability,” he asserted. “Guys have been putting down more and more salt, but that’s consuming too much product.” In the United States, the Accredited Snow Contractors Association has been advocating for legislation that would end the practice of property owners asking their snow contractors to hold them harmless in connection with seasonal slips and falls, with success in states including Colorado. “We’ve got to get to a place whether the property owner is taking responsibility for the property and the contractor is taking responsibility for the work they’re doing,” said Lammers. The shortage in salt inventory this winter could serve as a catalyst for snow contractors and property owners to recalibrate their relationship. “Ultimately, it’s the owner and the property managers who are responsible for their properties,” said DiGiovanni. “They transfer that responsibility to their contractor, but if the contractor’s in trouble, everybody’s in trouble.” ■

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Commercial buildings tagged to host more EV infrastructure

With global sales of electric vehicles now pegged at about one million per year, charging infrastructure is a critical companion piece that's increasingly in demand. Building owners and managers can expect to be among the suppliers. The International Energy Agency's EV Global Outlook 2018 explores some of the options in a comprehensive summary of all aspects of the industry, released earlier this year. The following is an excerpt â&#x20AC;&#x201C; Editor.

tatistics on private electric vehicle supply equipment (EVSE) are limited, given methodological challenges to track level 1 outlets (since they are not exclusively used for electric cars) and the lack of information collected on level 2 chargers installed on private property. The uncertainty on data accuracy is significant, calling for an improved capacity to track this type of information. The availability of private charging infrastructure is currently estimated to be approximately 1.1 charger per electric car in most global regions. Good evidence from Europe's Nordic region and the United States

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corroborates this assumption, which reflects that electric car owners, at this early point of the electric mobility transition, typically benefit from a private parking spot with an installed charging outlet. The emergence of workplace charging spots provide additional private charging opportunities, serving electric car adopters who both can or cannot charge at home. SUPPORTING POLICIES Charging infrastructure is dependent on local circumstances, national and supra-national policy frameworks, including the definition

of clear deployment targets, regulations and the mobilization of funding for direct investment and the provision of financial support. Effective frameworks help to catalyze the deployment of charging infrastructure by creating conditions to alleviate key challenges and by ensuring the availability of adequate funding to foster its deployment. Despite the increase in funding available for EVSE development, not all policies have worked as planned. In the United Kingdom, most local authorities have not taken advantage of a GBP $4.5 million (USD $5.8 million) fund for on-street residential charging. Many councils struggle to set up suitable projects to make use of the fund â&#x20AC;&#x201D; illustrating that, along with allocating a budget for charging infrastructure installation, there needs to be consideration into assistance for applicant funding.

SUSTAINABLE TECHNOLOGY

STABILIZING POTENTIAL FOR ENERGY LOADS Worldwide use of electric vehicles (EVs) is expected to increase steadily, from about 1% of the global light-duty fleet today to 7% by 2030 and 33% by 2040. EVs will present both challenges and opportunities to the electrical grid and buildings. From the grid perspective, EVs are expected to be a significant factor in an increasing overall demand for electricity. As they face selling less and less electricity, utilities may be looking to a more electrified transportation sector as a real benefit to their business model. Opportunities and incentives for the buildings sector already exist in some markets and could expand in the future. From a buildings perspective, EV owners will expect to have access to charging at home, at work and in public locations. The impact this transformation will have on buildings may include: • Benefits to the occupants from EV charging • Converting a fossil-fuel fleet to electric • EV charging incentives • Future EV charging needs and expectations. For the electricity and buildings sectors, EV charging has the potential to significantly change load patterns. HVAC and lighting loads, for example, are relatively predictable based on season and weather, but EV charging is based, at least in part, on personal preference, and that is more difficult to predict. Some utilities are already providing time-of-use electricity rates specifically to encourage EV charging during times of lower demand. EVs could increase demand charges for buildings. It’s a good idea for anyone considering installing EV charging equipment to contact the local utility before work begins. Because EV charging is often associated with buildings, it is important for buildings professionals to be aware of the challenges and opportunities EVs offer the grid. Whereas EVs are not expected to cause problems on larger electrical grid networks, they do have the potential to cause infrastructure problems at a local level. When a large enough number of EVs charge in the same area (known as cluster charging), they can put significant strain on local transformers, causing localized brown- or blackouts. This localized problem has the potential to become even greater during peak demand. On the other hand, the energy storage in EVs offers stability to both the grid and buildings, especially with distributed generation. EVs can, for example, offset the intermittency of solar PV or wind by charging mid-day or at night when these resources are at their peak generation, respectively. EVs can also minimize frequency and voltage fluctuation during a grid disturbance, benefiting both electricity providers and consumers. Also, with dynamic pricing as an option, the owners of EVs could charge batteries when demand and price are low, then sell electricity back to the grid at a higher price when demand spikes. This makes sense financially and prevents grid overload. Source: Building Our New Energy Future, What Buildings Professionals Need to Know About Changes Coming to the Electricity Sector. The complete text of the ASHRAE 2018 publication can be found at www.ashrae.org/about/leadership/ ashrae-president.

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SUSTAINABLE TECHNOLOGY Because private charging is dominant in most countries, it is important to enable electric car owners to install private charge points where they park. So far, most electric car owners in Europe and the United States have their own garage or driveway. However, in order to reach a larger market share, electric car owners who live in apartment blocks, condominiums and city centre dwellings, require charging infrastructure as well. Many building regulations proscribe parking facilities, but only a limited allow for or mandate Energy number Watch_GTA_NOV_2018_FINAL.pdf EV charging outlets.

The key barriers in building regulations are: the procedure to make changes to car parking spaces in existing buildings (installation of charging outlets); to ensure that new building developments have the capability to easily install charging infrastructure when needed; and the issue of the party liable for payment. One of the key regulatory policies ensuring a greater diffusion of electric cars in private households is the development of building codes embedding for EV1 2018-11-21 12:51requirements PM ready parking.

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The political agreement on the update of the European Directive on the energy performance of buildings is the most significant development finalized in 2017 in this respect. This agreement states that new and renovated non-residential buildings (>10 parking spaces) must install at least one charging point and must have a conduit installed for every five spaces. In new and renovated residential buildings (>10 parking spaces), every parking space must be equipped with a conduit. In addition, EU member states are asked to set up a requirement for a minimum number of recharging points to be installed in all buildings with more than 25 parking spaces. This would include provisions on minimum requirements for the installation of EVSE in new and refurbished buildings and in public parking lots. In Norway, it's stipulated that a minimum of 6% of parking lots and areas in new buildings must be allocated to electric cars. ROLE FOR UTILITIES EV charging stations are integrated in the electricity system and, as such, are subject to power sector regulation, which has strong implications for the ownership structure and organizational arrangements of emerging charging infrastructure. Depending on the specific regulatory approach of a country, and whether legislation considers EV charging stations as a retailer or as a distributor of electricity, the regulatory environment can facilitate or hinder investments by actors in the electricity sectors and private companies. In a number of countries, the regulatory environment limits the possibilities for utilities to invest or own EVSE. This is because they receive regulated revenues from network operations, which bestows an advantage when competing with companies that do not have a regulated income stream in the market for charging infrastructure. Relaxing some of these restrictions and allowing utilities to invest in the development of EVSE can promote the expansion of charging infrastructure, as seen in the case of regulatory reform in California. An even more progressive approach is rate basing, in which utilities levy investment costs for charging infrastructure across all network users. The possibility to integrate charging infrastructure in demand-side management (DSM) can reduce overall system costs, lower the network charges and benefit all network users regardless of whether they are EV owners.

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A Toronto condominium has adopted San Francisco-based technology that promises a tenfold boost to electric vehicle (EV) charging capacity. This could allow One Bedford Condo to support as many as 200 EVs on Level 2 chargers, versus just 20, to cover almost every exclusive-use space in its parking garage. One Bedford Condo's board president, David Forgione, reports the search for a service provider, and eventual deal with EverCharge, was prompted by two Tesla owners in the building, but it also aligns with a new provincial regulation that requires condo corporations to accommodate EV owners' needs regardless of electrical capacity challenges. Now, he's sharing details of the experience. "It’s not easy to implement large-scale projects in the context of a condo corporation, and we made it work and we wanted to help other Condo corporations do the same,” Forgione says. One Bedford Condo may be EverCharge’s first residential installation in Canada, but it’s one of thousands across North America. The solution runs on proprietary SmartPower technology, which helps increase EV charging capacity by managing loads in real time. Condo corporations typically bear the costs associated with any shared infrastructure required to support the installation. “When a charger’s not in use, which is a substantial part of time, that available capacity can then be used by other charge stations,” explains Kyle Lyons, Director of Member Services. “(In) most buildings, you’re going to often need a transformer installed to access some of the building power, so it’s usually a small transformer upgrade, distribution panel, and then we wire from the resident’s parking space to those breaker panels." Since One Bedford Condo didn’t require electrical upgrades to accommodate the solution and faced no upfront costs, there was no need to seek owner approval or potentially issue a special assessment to fund the project. The condo corporation negotiated a deal that effectively gave EverCharge exclusive rights as a service provider to a set amount of the building’s transformer capacity. Once any shared infrastructure is in place, owners pay for the installation of their personal EV charging station, which typically ranges from $2,500 to $4,500, depending largely on how far the wire needs to be run to reach the distribution panel. The board and property manager handle the basic paperwork associated with registering individual installations while EverCharge handles requests from owners for EV charging stations, along with their setup, submetering and billing, which includes a monthly service fee. – REMI Network

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INCENTIVES Fiscal incentives and regulatory measures can support private charging installations for electric cars. Requirements that prioritize these installations over public charging are justified by the fact that they typically cost less to install and generally have less impact on the power grid, as they enable night-time charging and tend to use lower wattage than public fast chargers. Publicly accessible chargers need to complement the availability of private chargers. Even though the frequency of use of publicly accessible charging infrastructure is fairly low in comparison with private installations today, public chargers are an important component of the EV charging infrastructure. Publicly accessible chargers are subject to greater attention in terms of regulations and market structure since they need to cater to the emergence of new players and new business models. Collaborative approaches and programs that engage multiple stakeholders have been most successful in promoting the development of early charging infrastructure. Examples include: the integration of driver feedback on charger deployment; implementation of smart charging systems; distribution of funding to local governments; creation of public-private partnerships; and consultation with utilities to minimize grid impacts and limit costs. ■

10:16 AM SUSTAINABLE TECHNOLOGY

2016-06-23

Expertise. Insight. Trust.

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Rules that prevent utilities from retaining incremental profits can limit incentives to investment in infrastructure that has the capacity to reduce system costs. The International Council on Clean Technology (ICCT) recommends reform of the regulatory environment to reward actors making investments enabling lower system costs, in which utility and EV owners can share investment costs and profits. C Promoting investment or ownership by M utilities in home chargers can maximize their Y contribution to DSM. Distribution system operators (DSOs) can integrate chargers CM through smart charging or delayed charging, MY and are able to offset investment costs through CY increased system performance. EV users have less incentive to adjust charging patterns CMY to system optimization and therefore do not K prioritize system costs when investing in home chargers.

tc Ki

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MEASUREMENT & VERIFICATION

SUB-METERING BASICS FOR EMERGING

TECHNOLOGIES Best practices for integration and accuracy in thermal energy systems BY DUSTIN INGRAM

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MEASUREMENT & VERIFICATION

SMART SENSORS FACILITATE ANALOG-TO-IIOT TRANSITION By Simone Wendler

ub-metering of electricity, gas and water utilities is now common practice, but its integration with thermal energy systems (TES) — district energy utilities (DEU), hydronic systems and combined heat and power (CHP) — is less understood. Promoting best practices for this relatively new technology is a challenge, particularly in the absence of a regulatory body to provide an operational framework and police the quality of technology and practices in the market. The development community is demanding more tenant metering, which responds to consumer pressure for a user-pay system, as well as the essential and underlying need to charge for expenses resulting from increasing utility costs. Yet, as installation becomes a routine aspect of the construction process, diligence is increasingly important.

Electric motors drive the pumps, fans and compressors that are ubiquitous in the commercial, industrial, agricultural and transport sectors so it's not surprising that motors account for an estimated 45% of global electricity demand. Continuously running low-voltage motors, frequently found in the food and beverage industry, contribute unduly to that load, as operators often choose to simply run the motor until it fails and then replace it with another one. This may be a preferred low-cost option to motor condition monitoring, which can be expensive and time-consuming, but it comes with risks of unexpected downtime, lost production and possible secondary damage to other equipment. Perishable food and drink items can spoil when the motor fails, forcing factory staff to spend precious time cleaning and preparing equipment to return it to operation. The Industrial Internet of Things (IIoT) introduces an opportunity to improve operations. IIoT devices employ big-data analytics and machine-to-machine (M2M) communication to improve energy efficiency and diagnose faults from afar. Engineers, working remotely, can monitor and collect operational trend data, enabling enhanced condition monitoring and minimizing unexpected downtime. Nevertheless, few plant managers will be replacing an entire fleet of analog motors in a single system overhaul. Conventional motor technology dates back to the first commutated DC electric motor that British scientist William Sturgeon invented in 1833 and — although modern, three-phase induction motors are much more efficient, smaller and lighter than motors from the 19th century — the basic concept has not changed much since that time. This can be a barrier to adopting smart technology. Smart sensors offer an interim solution. They can be attached to a motor frame without wires and use Bluetooth Low Energy to communicate operational data to a smartphone app, desktop PC or even in encrypted form to the cloud for advanced analytics. A range of data can be collected, including: various types of vibration; bearing health; cooling efficiency; air gap eccentricity; rotor winding health; skin temperature; energy consumption; loading; operating hours; number of starts; and RPM speed. In essence, the motor lets the operator know when it's time for service. Advanced analytics from the cloud can also provide advice on the status and health of the entire fleet. There is evidence that smart sensors can help users reduce motor downtime by up to 70%, extend the lifetime by as much as 30% and curb energy use by up to 10% — a clear indicator that predictive, rather than reactive, maintenance increases reliability. Simone Wendler is the Food and Beverage Segment Manager in ABB’s motors and generators division. For more information about wireless motor sensors, see the website at https://new.abb.com/ food-beverage.

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MEASUREMENT & VERIFICATION

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Notably, in an unregulated environment inferior heat measuring equipment and billing practices were introduced to the Alberta market around 2010. The quality and accuracy of such systems was heavily scrutinized and forced the Alberta Utilities Commission to ban thermal sub-metering. This has an obvious impact on the metering industry, but also limits consumers' ability to effectively reduce consumption and costs. Measuring devices have an immediate impact on building performance, operations and asset management because they ensure accurate revenue generation and cost allocation for the most costly operating expense for buildings today — utilities. As an initial step, investors in the technology should assess the total cost of ownership, including but not limited to: initial purchase price: cost of installation; product quality; lifespan limitations; quality of data; AMR (automated meter reading) capabilities; and maintenance requirements. Metering system suppliers and integrators should be able to guide stakeholders though complicated and niche applications such as hardware composition, testing requirements, system integration and communications, quality assurance and data transparency. In addition, the service provider should illustrate multiple options for services such as real-time access to data, billing services and customer service levels. AVOID SILOS Meter data within a metering system should aim for full system integration and should veer away from a siloed approach. Key systems must communicate properly with each other. Integration from a metering system or directly from key load and main meters should often be shared with direct digital controls (DDC) or building automations systems (BAS) to improve system awareness, and can also lower the cost of implementation. The coordination of this should be done through the metering integrator.

MEASUREMENT & VERIFICATION Thermal meters that need to be observed in both the metering system and the DDC or BAS should have dual communication outputs. The collection of data by one service provider should never rely on the performance and operation of the other. Data sets from main system meters are valuable to building engineers and consultants. Often, these main meters are also billing meters and should have direct interrogation by the metering system supplier. For example, a main meter should come with both BACnet and M-Bus outputs. SERVICE ENHANCEMENT There may be opportunities to enhance services from the utilities, which are looking to continuously improve customer satisfaction and the billing process, and/or integrate additional revenue streams. For example, tenant engagement portals, alarming, energy management and reporting to third party services like ENERGY STAR are opportunities to add value based on an existing meter system as an asset. Understanding input costs is just as crucial as tenant consumption. This might be accomplished by adding in electrical, water and gas meters to complement thermal meters. Transparency in thermal rate calculations (total central plant/total cooling or heating generated), provides insight into the central plant and key equipment, and can point to potential signs of aging (as part of a continuous monitoring program). Considering the cost of thermal metering, the incremental cost to having the central plant metered may very well be worth it to maximize the value of the investment. Those wanting to charge for domestic hot water heating should be sure to allow for appropriate metering infrastructure for any DHW heat exchangers or boilers. Customer focused features such as online invoice tracking and secure tenant engagement portals enhance the utility value chain. In addition, these systems provide security and a layer of transparency for customers not accustomed to alternative energy suppliers.

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Winter is quickly approaching, but a look at recent energy bills may rekindle memories of summer 2018 — one of the hottest recorded. A variable refrigerant flow (VRF) system is a flexible heating and cooling option for both seasons. VRF is a ductless HVAC system that provides heating and cooling to a space. Since it’s ductless, the installation process is non-intrusive and only requires a three-inch opening to connect the piping between the indoor and outdoor units. The system is made up of a condensing unit and an indoor head unit. The head unit conditions the air in the space, while the condenser unit sits outdoors. A set of copper pipes connect the two pieces of equipment. The installation process is minimally invasive. Because the VRF system is ductless, there is no need to install ducting or core-drill for hydronic loops. Instead, DX copper pipe — which can be covered with decorative moulding — connects the indoor and outdoor VRF units. A VRF system also offers a way to introduce sub-metering in bulk-metered multi-residential buildings or to convert units now relying on electric space heating. It enables zone-based heating/ cooling within the building. Tenants gain control over energy use within their suites, providing a cost-saving opportunity. Scott Beneteau is the General Manager of Enercare Commercial Services. For more information, see the website at www.enercare.ca/commercial.

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OVERSIGHT Measurement Canada and more specifically, Weights and Measures Canada, is the regulatory authority in the Canadian market for utility trade measuring devices in electricity and gas. Thermal metering devices now come under the scope of regulation and type approval. In a 2009 trade sector review, the steam sub-sector indicated it did not want Measurement Canada involvement at the industrial, commercial and institutional levels of trade. However, the thermal sub-sector welcomed involvement to provide the services needed to maintain accuracy and confidence in markets outside of industrial use. Last year, Measurement Canada released two key documents relating to approval and regulation of thermal meters. Terms and conditions were developed making reference to existing international specifications in order to reduce compliance costs and simplify the process of meeting these requirements. ■ _______________________________________________________________

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HYGIENE HYPOTHESIS

RAISES A STINK U.S. cleaning products industry gets defensive over Canadian health research BY BARBARA CARSS

ecent research conducted as part of the Canadian Healthy Infant Longitudinal Development (CHILD) study has prompted a rebuke from the cleaning products industry. The American Cleaning Institute (ACI) suggests a paper examining the links between exposure to household disinfectants and childhood obesity, published in the peer-reviewed Canadian Medical Association Journal earlier this fall, makes “sensational claims”. Richard Sedlak, ACI’s Executive Vice President, Technical and International Affairs, chastises the slate of 15 authors affiliated

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with health sciences faculties of six Canadian universities — the Universities of Alberta, British Columbia, Manitoba and Toronto; and McMaster and Simon Fraser Universities — for overlooking the role disinfectants play in infection control and public health. “These products are trusted by families to effectively clean, sanitize and disinfect areas of their homes, reducing opportunities for these young ages to suffer significant illnesses,” asserts Sedlak, who holds a Master of Science in Engineering degree. “Coming off a deadly flu season in 2017-18, it is a crucial reminder

ENVIRONMENTAL EXPOSURE

“CHILD IS THE LARGEST MULTIDISCIPLINARY, LONGITUDINAL, POPULATION-BASED BIRTH COHORT STUDY IN CANADA AND IS DESIGNED TO BE ONE OF THE MOST INFORMATIVE STUDIES OF ITS KIND IN THE WORLD.” that proper use of EPA-registered disinfectants play an important role in helping prevent the spread of flu.” However, CHILD study research is focused on the genetic and environmental determinants of hypersensitive allergic reactions that underlie diseases such as asthma, eczema and a range of allergies. It is following a cohort of approximately 3,500 children born in Vancouver, Edmonton, Winnipeg and Toronto between 2009 and 2012, capturing information as they grow. Researchers from more than 20 interrelated scientific disciplines are involved, building biological, psychological, genetic and environmental profiles of participating children and their parents. “These profiles enable researchers to track the onset of asthma, allergies, obesity, diabetes and other chronic diseases across a large group of individuals,” an explanatory synopsis on the CHILD study website states. “CHILD is the largest multidisciplinary,

longitudinal, population-based birth cohort study in Canada and is designed to be one of the most informative studies of its kind in the world.” The scrutiny of disinfectants’ impact on gut microbial ecosystems was meant to fill in one of the many pieces of that comprehensive picture. It is also in line with a range of accredited research underpinning what’s known as the hygiene hypothesis of allergic and autoimmune diseases. This has shown that exposure to environmental microbes contributes to resistance to allergic and metabolic disease. In this case, the CHILD study researchers tracked the relationship between the balance of microbes in infants’ guts and propensity to obesity, and then made connections to the environmental influences on those microbes. They explored data from 757 children, and compared exposures to three product categories

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— disinfectants, detergents and eco-friendly formulations — to draw their conclusions. “We found that infants living in households where disinfectants were used a least weekly were twice as likely to have higher levels of the bacteria called Lachnospiraceae at three to four months of age. At three years of age, those same children had a higher body mass index than children who were not exposed to frequent home use of disinfectants as infants,” reports Anita Kozyrskyj, the study’s principal investigator and a pediatrics professor at the University of Alberta. In keeping with reputable scientific research, the authors were transparent about three limitations in their work: reliance on parental reporting which could be subject to “recall bias”; the generic division of products into the three categories of disinfectant, detergent and eco-friendly rather than a specific breakdown by brand name and ingredients; and reliance on infant gut microbiota profiled at a single time point. While referring to these as “notable limitations”, Sedlak also critiques the study’s failure to look at “all interventions in the children’s lives between three months and three years of age” or the timing of when various foods were introduced into children’s diets. “We are disappointed at the sensational claims made by the researchers in this study,” Sedlak reiterates, but does not comment on researchers’ findings related to eco-friendly formulations.

HOARDING DEFINED AS A MEDICAL CONDITION Mental health advocates and clinicians are calling for more targeted research and hoping for less public stigma now that the World Health Organization has recognized hoarding as a medical condition, distinct from other disorders with which it is often associated. The new definition is found in the recently released 11th edition of International Classification of Diseases (ICD), the international standard for diagnosing and reporting diseases, disorders, injuries and related health conditions. This updates the circa 1990 ICD 10th edition and now aligns with the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, which categorized hoarding separately from obsessive compulsive disorder in 2013. A report in the international medical research and news digest, The Lancet, reiterates that ever-expanding stashes of collectables also present a health and safety hazard for residents and neighbours of hoarders’ properties, while the treatment is far more complex than simply removing accumulated materials and/or menageries. Although ICD-11 clarifies that excessive acquisition and extreme aversion to discarding possessions can be a unique condition, many sufferers have other diagnoses or emotional stresses such as bereavement. The Lancet report notes that individuals with autism spectrum disorder may be prone to hoard certain kinds of items, while in comparison to the general population, hoarders “are more likely to depressed, overweight or to have chronic medical conditions”. Psychiatric researchers are focused on identifying triggers and positive interventions. The new ICD-11 classification is considered a boost for the relatively nascent field of study. “There are frequently early signs of hoarding disorders in adolescence, although presentations do not tend to occur until much later in life,” the Lancet report states. “There is emerging evidence that cognitive behavioural therapy is an effective treatment; whether this is best delivered individually or in groups is yet to be confirmed.” Landlords could be among the beneficiaries of better awareness and kinder perceptions of hoarding. They are currently among the most common discoverers and reporters of tenants with the condition since those afflicted may neither see their behaviour as problematic, nor wish to expose it by seeking help. – REMI Network “We found Lachnospiraceae to be enriched in infant gut microbiota with frequent postnatal use of domestic disinfectants, but not eco-friendly products,” the study’s conclusion states. “Further study is required on the mechanisms through which household cleaning products alter gut microbial composition and the subsequent role this might have on metabolic disease.” ■

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MORE INFORMATION ABOUT THE STUDY, POSTNATAL EXPOSURE TO HOUSEHOLD DISINFECTANTS, INFANT GUT MICROBIOTA AND SUBSEQUENT RISK OF OVERWEIGHT IN CHILDREN, CAN BE FOUND ON THE CANADIAN HEALTHY INFANT LONGITUDINAL DEVELOPMENT (CHILD) STUDY WEBSITE AT HTTP://CHILDSTUDY.CA

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MARKET TRENDS LAW ENVIRONMENTAL

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ENDANGERED SPECIES Court Deems Federal Emergency Orders Constitutionally Valid BY JANICE WALTON, ANNE-CATHERINE BOUCHER AND ROCHELLE COLLETTE

n a recent ruling, the Federal Court of Canada confirmed the validity of an emergency order that impacts a private housing development in the suburbs of Montréal and the constitutional validity of the provision of the Species at Risk Act (SARA), which allows such emergency orders to be made. This is the first decision from a Canadian court that considers the constitutional validity of SARA. The Court also confirmed that compensation for losses associated with the order may be available under SARA even though the federal government has never adopted any regulations setting out the circumstances under which compensation will be available. This aspect of the decision may take on heightened significance if (or perhaps when) emergency or other “safety net” orders are made that create restrictions on the use of large areas of provincial Crown or private lands, or the resources that lie within them. JURISDICTIONAL ARGUMENTS In an application for judicial review regarding the emergency order for the western chorus frog issued by the federal cabinet, one of the developers affected by the order asserted that the provision of SARA that allows emergency orders to impose restrictions on activities on private land is unconstitutional. The developer argued the provision went beyond Parliament’s jurisdiction over criminal law because it is purely regulatory in nature and constitutes a colourable attempt, under

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the guise of the criminal law power, to invade the provinces’ jurisdiction over wildlife. The developer also argued that it constitutes a form of “disguised expropriation” without compensation. The Court referred to the emergency order power as part of the “safety net” under SARA, which would, in an emergency, fill in the gaps in existing provincial and territorial regimes. The Court ruled that the government can rely on the criminal law power under section 91(27) of the Constitution Act, 1867 to justify the provision because it aims to suppress an evil accompanied by a sanction, and is for a legitimate public purpose — that is, to protect against an imminent threat, caused by human activity, to the survival or recovery of a species at risk. While the emergency order powers grant the cabinet discretion regarding the activities that are to be prohibited, which allows them to be adapted to the particularities of the species, its habitat and the circumstances creating the imminent threat to its survival or recovery, the Court concluded the power was nonetheless a valid exercise of Parliament’s criminal law power. The Court concluded that the provision was safeguarded by the doctrine of ancillary powers, noting that overlap between federal and provincial powers when regulating the environment is inevitable. The Court also rejected the argument that the emergency order resulted in disguised expropriation.

COMPENSATION Part of the argument regarding “disguised expropriation” related to the compensation provisions in section 64 of SARA. Section 64 provides that fair and reasonable compensation may be paid for “extraordinary” losses arising from the application of the prohibitions on destroying critical habitat, or in respect of habitat necessary for the survival and recovery of a species that is identified in emergency orders. “Extraordinary” is not defined in the Act. SARA requires the governor-in-council to make regulations that it considers necessary to establish the conditions for the payment of compensation. No compensation regulations have been made to date and, as a result, there has been some confusion as to whether compensation is available if an order under SARA results in loss. In this case, when the western chorus frog emergency order was issued, the Minister made a statement that the owners of the properties located in the areas affected by the order would not be compensated. The developer argued that because there were no regulations, no compensation was available, and thus the order resulted in a de facto expropriation without compensation. Such an outcome is not permitted under Canadian law, but the threshold for establishing de facto expropriation is high. The Court held that the inability to obtain compensation from the Minister was not

ENVIRONMENTAL LAW

relevant to the determination of whether an order made by the governor-in-council is valid. In doing so, it also addressed the underlying assertion that compensation was unavailable. The Court held that the absence of regulations does not prevent the Minister from exercising the authority to issue compensation. The Court stated: “…an administrative decision-maker cannot invoke the absence of a regulation to not act when this inaction is equivalent to stripping a law or countering its application”. The Court also suggested that the Minister's public statement that no compensation would be paid to property owners indicated that she had made a decision regarding compensation in this case. IMPLICATIONS The Court’s determination that the provisions of SARA, which effectively allow the federal government to impose restrictions on activities on private or provincial Crown lands are within the authority of Parliament to make, while significant, is not particularly surprising given similar decisions of the courts regarding other federal environmental laws over the past 25 years. The comments suggesting that SARA’s compensation provisions are available despite the absence of regulations may be the more significant aspect of this decision. The Court has effectively said that individuals and entities adversely impacted by emergency or other orders under SARA, which establish protection of critical habitat, are able to seek compensation from the federal government. There is currently a strong likelihood of additional emergency or other “safety net” orders protecting the critical habitat of wide ranging species such as killer whales and mountain or boreal caribou. There is a very real potential for these orders to result in significant adverse impacts on Indigenous people, private property owners and tenure holders. What remains unanswered is what impacts will qualify as “extraordinary” in order for a party to be eligible

SCOPED PROCESS PENDING IN THE UNITED STATES Proposed new rules for defining and protecting endangered species in the United States could speed up development approvals and/or allow development in areas where it has been prohibited. Stakeholders with differing views now await a final version of the regulations after the U.S. Fish & Wildlife Service (FWS) and National Oceanic Atmospheric Administration (NOAA) Fisheries released a slate of amendments in late July, followed by a 60-day period for public comment. The initiative complies with 2017 presidential executive orders instructing U.S. government agencies to streamline and the reduce the costs of regulatory processes. The resulting recommendations address endangered and threatened species, critical habitats and presumed redundancies or unwarranted requirements for obtaining approvals and permits. "The changes incorporate public input, best science and best practices to improve reliability, regulatory efficiency and environmental stewardship," the two agencies maintained in a joint statement accompanying the release of the proposed rule changes. This includes a relaxing of some of the Endangered Species Act's more recently implemented criteria. For example, habitat assessments will once again begin with an evaluation of whether an endangered species is currently present rather than more broadly considering whether it's an area where an endangered species could reside. As proposed, the Fish & Wildlife Service would rescind the so-called blanket rule,

for compensation, and under which circumstances the Minister would exercise the discretion to pay it. However, this decision has confirmed that the federal government’s failure to clarify such questions through regulation is not a bar to such compensation being sought. ■

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JANICE WALTON IS COUNSEL, BASED IN VANCOUVER; ANNE-CATHERINE BOUCHER IS AN ASSOCIATE BASED IN MONTREAL; AND ROCHELLE COLLETTE IS AN ASSOCIATE BASED IN VANCOUVER WITH BLAKE, CASSELS & GRAYDON LLP. THE PRECEDING ARTICLE IS REPRINTED FROM A BLAKES' ENVIRONMENTAL LAW BULLETIN. FOR MORE INFORMATION, SEE THE WEBSITE AT WWW.BLAKES.COM.

which until now has automatically conveyed the same protections to threatened and endangered species. In future, rules for newly designated threatened species would be applied on a case-specific basis. The agencies plan to scope determinations of whether a species might face extinction, by clarifying that the term "foreseeable future" refers to known and probable threats rather than unsubstantiated scenarios. Although the Act decrees that decisions related to designating species must be based solely on biological considerations, the agencies would now have the option of presenting economic analyses and other types of non-biological assessments as supplemental information. Critics are concerned that this opens up the designation of threatened and endangered species to cost-benefits debates — something that the legislation did not intend. Ten U.S. state Attorneys General — representing California, the District of Columbia, Maryland, Massachusetts, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington — are among those taking this stance. "Congress enacted the ESA nearly fortyfive years ago in a bipartisan effort 'to halt and reverse the trend toward species extinction, whatever the cost'," their joint submission states. "The ESA accordingly enshrines a national policy of 'institutionalized caution' in recognition of the 'overriding need to devote whatever effort and resources [are] necessary to avoid further diminution of national and worldwide wildlife resources'." – REMI Network

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REPLICATING NATURE Humans are wired to respond to varying light conditions BY JOSÉ RAMOS

he early 20th century saw large numbers of workers switching from outdoor tasks to occupations in indoor spaces. This massive shift toward working long hours indoors — under common lighting conditions — has had an enormous impact on people’s daily lives. By some estimates, such as the U.S. Environmental Protection Agency’s (EPA), 90% of people’s lives takes place indoors, with limited exposure to natural light. As a result, the indoor environment has put significant stress on human health and well-being. Yet, most efforts to improve people’s increasingly sedentary indoor lives have focused on air quality, ergonomic and physical activity — which, ironically, also happens inside in gyms and yoga studios — but not on lighting. This is changing with the growth of humancentric lighting (HCL). HCL may seem an overly broad term since, after all, the lighting installed within buildings is meant for humans, but it focuses on the idea that humans’ well-being must be one of the goals of lighting systems. At the heart of this idea is the fact that the human body follows a circadian or daily rhythm, which is a type of time clock that takes its cues from the day/night cycle. Artificial lighting, starting with Edison’s light bulb, began to significantly disrupt it. The predominance of interior lighting which, unlike the outdoors, does not vary over the course of a day means that conventional lighting is not

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considering the human body’s need for light that varies in intensity and colour. HCL is a relatively simple concept, made possible by the advent and widespread adoption of LEDs. In general, traditional lighting is static as it just turns on and off, or perhaps has dimming functionalities. A typical ceiling fixture — found in many offices and factory floors — delivers only one type of light at a fixed intensity and spectra. Conversely, HCL fixtures generate light that varies in intensity and spectra over the course of the day. Spectra refers to the various colours that make up white light. Most people are familiar with “cool” or “warm” light bulbs or fluorescent tubes. Cool white light tilts more toward the blue spectra, while warm white light tilts toward the red. During bright daylight hours, HCL fixtures deliver light with higher amounts of blue spectra, but as the evening approaches, the fixtures deliver less blue. This is in sync with typical natural lighting, when the sky is blue during the day with the lighting “warming” as natural light does in the late afternoon. Spaces with HCL systems also are generally brighter than traditional workplaces since natural sunlight is actually quite bright compared to typical indoor spaces. WELL-BEING AND PRODUCTIVITY A seven-month study by the University of Twente VU in Amsterdam and CBRE Group Inc.

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revealed a 12% increase in task performance metrics for office workers who worked under HCL, sometimes called circadian lighting. The control study participants worked under conventional lighting. The HCL systems varied light over the course of the day, looking to mimic the natural daily fluctuation in exterior light levels. Participants in the HCL areas also reported feeling in a better mood (76%), more energetic (71%) and healthier (50%). While past standards to improve building performance have largely focused on efficiency, newer approaches like the WELL Building Standard have started to aim at occupant well-being. One of the pillars of the standard is lighting that contributes to well-being, based on the established science around circadian cycles. CBRE’s Global Corporate Headquarters in downtown Los Angeles, which was one of the first WELL-certified pilot offices in the world, provides an example in its bright and airy space. Employees have reported that they greatly enjoy this type of office configuration. Such spaces are not confined to a research facility, art museum or educational institution. They arise from profit-driven decisions based on financial metrics such as return on investment. There is a realization and an understanding that HCL has real and tangible benefits to a company’s bottom line. If a labour force is the largest financial piece of a company’s balance sheet, it’s only logical to take steps to increase the value and output of this resource. This applies equally to an office or factory floor. Even small productivity gains can mean large financial returns when they are associated with a company’s largest business expense. ■ ________________________________________ JOSÉ RAMOS IS ENGINEERING/ BUSINESS INNOVATION MANAGER, OSRAM INNOVATION, AMERICAS REGION. FOR MORE INFORMATION, SEE THE WEBSITE AT W W W.OSR AM.US/CB.

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