Stewart McKelvey

GREEN BUILDINGS AND GREEN LEASES By Brian Tabor, Q.C. and John Eric Pöllabauer The Environmental Background I ncreased public awareness and genuine over- all concern, in connection with the ever in- creasing levels of carbon dioxide emissions, have led to a recent surge in popularity, as well as increasing acceptance, of many of the ideas and goals espoused by the green building and environ- mental sustainability movement. Surveys carried out by leading industry as- sociations have all confirmed that the Canadian commercial real estate industry, by and large, has bought into the green building movement. Embra- cing "green" as a key component of developing, building, renovating, managing, leasing and oper- ating commercial buildings can greatly reduce a significant portion of the harmful environmental impacts of our buildings. Green Buildings What is a "Green Building"? A true "green building" is a structure purposely de- signed to reduce both the direct and indirect environ- mental consequences associated with its design, de- velopment, construction, renovation, occupancy, oper- ation, maintenance and eventual decommissioning. Green buildings differ from conventional buildings by integrating environmental and social initiatives that result in a material reduction of their environmental impacts while improving building performance and providing safer and healthier interiors and exteriors for their occupants. Codes, Standards and Green Rating Systems Constructing a green building requires everyone in- volved in the design, development and building pro- cess to follow and adopt all applicable standards, codes and green rating systems. Codes require manda- tory compliance and a building either complies with building codes or it does not. On the other hand, stan- dards and green rating systems which are for the most part voluntary, exceed the minimum code construc- tion requirements and the parties have more choice and selection as to which of the standards and green rating systems they wish to have incorporated into their commercial building. 4 WINTER 2011 DOING BUSINESS IN ATLANTIC CANADA Boma BESt (Building Environment Standards) In 2005, BOMA Canada rolled out its green building rating system called BOMA Go Green and Go Green Plus. In 2009, BOMA Go Green and Go Green Plus were integrated into the current BOMA BESt pro- gram. BOMA Canada's BOMA BESt program is designed to be practical and assessable, while provid- ing marketing and cost-saving opportunities obtained from lessening and reducing environmental impacts. Its aim is to increase energy efficiency while integrat- ing sustainability in the building. Using an online audit, BOMA BESt assesses and rates existing commercial buildings against best prac- tices, standards and principles of green building sys- tems and management. BOMA International has the largest database for externally verified existing build- ings in North America. Leadership in Energy and Environmental Design (LEED® The LEED® ) Green Program green building certification program is addresses all building types and empha- sizes state-of-the-art strategies in five areas: sustain- able site development, water savings, energy efficiency, material and resource selection, and indoor environ- mental quality. The LEED® a voluntary, consensus-based national rating system for buildings designed, constructed and operated for improved environmental and human health perform- ance. LEED® rating system is an adaptation of the United States Green Building Council (UsGBC) LEED Green Building Rating System for which the Canadian Green Building Council (CaGBC) is the sole licensee. The Canadian LEED rating systems are tailored specifically for Canadian climates, con- struction codes, standards and regulations. Like several other green rating systems in North America, LEED® is an independent third party cer- rating system accommodates a wider range of green building strategies that best fit the tification program based on the total point score achieved, following an independent review. The LEED®

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