December 9, 2022 Building…

December 9, 2022

Building and Development Branch

Ministry of Municipal Affairs and Housing

777 Bay Street

Toronto, ON

M5G 2E5

Dear Building and Development Branch:

Re: Proposed Changes for the Next Edition of Ontario’s Building Code (ERO #019-6211)

Thank you for the opportunity to comment on proposed changes to Ontario’s Building Code. As the Co-chair of Bird Friendly Hamilton Burlington, I urge you to include provisions that would reduce bird collisions with buildings, based on the Canadian Standards Association A460:19 Bird-friendly building design standard. By mandating bird-friendly building construction measures in the Building Code, Ontario could significantly reduce the vast number of birds that die needlessly each year.

It is estimated that every year, a staggering 25 million birds are killed by colliding with windows in Canada. FLAP Canada has documented birds from 173 species – including 24 species at risk – colliding with buildings in the Greater Toronto Area alone, yet the risk to birds extends throughout the Province of Ontario. There are proven, affordable solutions to this problem. In 2019, the Ministry of Environment, Conservation and Parks funded the development of the Canadian Standards Association A460:19 Bird-friendly building design standard, which was later endorsed by the Ontario Association of Architects. However, the standard remains voluntary in Ontario.

The Building Code should be revised to incorporate the Bird Collision Mitigation Strategies from CSA A460:19, including the appropriate use of visual markers, specifications for window glazing and glass railings, and building-integrated structures. Implementing bird friendly design in new buildings typically represents a negligible (< 1%) increase in overall construction cost and does not impede development. By mandating bird-friendly building construction measures, Ontario could significantly reduce this leading source of bird mortality. In so doing, it could make meaningful progress on its stated goal of protecting species and supporting conservation efforts to preserve Ontario’s rich biodiversity (Made-in-Ontario Environment Plan).

The Ontario government is proposing changes to the City of Toronto Act and Planning Act through Bill 23 “More Homes Built Faster Act” 2022 that would remove the authority of municipal governments to enforce green building standards. This will result in the discontinuation of bird friendly building design guidelines that have been adopted and enforced through site plan control by numerous municipalities across Ontario, including our city, Burlington. The latest update to Ontario’s Building Code should include a harmonized approach to bird friendly building design under the A460:19 standard.

Birds provide essential services to humans including pollination, seed dispersal, and pest services. It is in our best interest to protect birds and the best way we can do this is by incorporating strategies from the CSA A60:19 standard into the next edition of Ontario's Building Code. I trust that the Building and Development Branch will make the right decision.

With Bill 23 eliminating municipal bird friendly building guidelines, now is the time to update the Ontario Building Code to expand protection for birds across the province.

Sincerely,

Sara Shwadchuck

Co-chair of Bird Friendly Hamilton Burlington

Resident of Hamilton, ON

birdfriendlycityhamburl@gmail.com