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REAL ESTATE Association of Canada (REALPac), which has drafted and posted online a specimen lease designed to help imple- ment sustainable building standards (www.realpac.ca/s_223.asp). The crucial role that green build- ing standards and energy conservation measures can play in addressing global warming is now well documented and widely accepted. The Ottawa-based Canada Green Building Council esti- mates that buildings account for the use of a third of Canada's energy produc- tion, 50 per cent of the extracted natural resources, 25 per cent of landfill waste, 10 per cent of airborne particulates, and 35 per cent of greenhouse gases. Yet, the council maintains, the inefficiencies of conventional construction and proper- ty-management practices are such that new environmentally sustainable stan- dards and practices could reduce the contribution of buildings to global cli- mate change by as much as 70 per cent, at the same time benefiting tenants and landlords, not only by cutting costs, but also by improving people's working and living environments. All this makes sense to many property developers, owners, and tenants, who want to incorporate green standards in new developments and make existing buildings greener. As Celia Hitch, coun- sel to the real estate group at Lang Mi- chener LLP, puts it, "This whole green thing has gone from Birkenstocks to Bay Street in five years." there were no leases that I was aware of that remotely contemplated this stuff." — MICHAEL BROOKS, AIRD & BERLIS LLP But real estate lawyers have come to Innovative Thinking Helps Close More Commercial Deals At First Canadian Title we thrive on professional challenges, we take pride in the commercial services we provide and we share in your enthusiasm when helping close a transaction — large or small. Let us help you close your next commercial deal by providing innovative thinking backed by the protection of a First Canadian Title commercial title insurance policy. www.firstcanadiantitle.com CALL FIRST 1.866.804.3112 Insurance by FCT Insurance Company Ltd., with the exception of commercial policies by First American Title Insurance Company. Services by First Canadian Title Company Limited. This material is intended to provide general information only. For specific coverage and exclusions, refer to the policy. Copies are available upon request. Some products/services may vary by province. Prices and products offered are subject to change without notice. TM Trademark of The First American Corporation. realize that green buildings need green leases. Standard lease agreements that have remained unchanged for years do a good job of spelling out everyone's responsibilities and expectations in black and white, but leave no room for green. They typically fail to address is- sues such as how to mandate and en- force energy conservation measures or the use of environmentally sensitive cleaning products. Emerging issues such as how to allocate carbon credits are completely out of the picture. Fur- thermore, the strict terms of a lease agreement may actively prevent green initiatives — for example, a tenant may be unable to use recycled materials in renovations or building improvements because the lease stipulates the use of new materials. "Until recently, there were no leases that I was aware of that remotely con- templated this stuff," says Brooks. When 22 SEPTEMBER 2008 www. C ANADIAN Law ye rmag.com ntitled-5 1 7/29/08 12:16:20 PM "Until recently,