ENERGY EFFICIENCY ACT 

Last Spring the alarm was sounded in the heritage community when it became apparent that new regulations under the provincial Energy Efficiency Act could have serious consequences for heritage rehabilitation and restoration projects.  The new regulations place stringent requirements and limitations on the manufacture of new windows and doors, including replacement units in heritage buildings. Only designated heritage buildings would be exempt.

A series of meetings between the provincial Heritage Branch, Alternative Energy Branch, and representatives from the heritage sector established that the new regulations would be in conflict with the Local Government Act that provides for the creation of official registers of heritage property. In essence, it would not have been possible to comply with the new regulations and at same time maintain the heritage value of formally-recognized historic places that did not have the legal protection of designation.  There are many more register properties than designated.

As a direct result of these meetings, an updated exemption for heritage buildings was approved by Cabinet in September which includes properties on an official community heritage register.

This outcome should prevent a number of inappropriate window and door replacements in heritage buildings.  It will allow the continuation of innovative approaches to energy conservation in historic homes and other properties, including the use of storm windows. 

It may also serve as a precedent for other lobbying efforts by the heritage community seeking exemptions for heritage property from the inappropriate application of regulations such as the Homeowner Protection Act.  Finally, it should serve as a prompt to local governments to establish or update their official heritage registers.