Require energy and emissions benchmarking for existing buildings

Legal Memorandum

Read the legal version from Lidstone & Co.

Benchmarking is the practice of measuring and tracking a building’s energy performance over time and comparing it to similar properties. Local governments across British Columbia are increasingly interested in implementing benchmarking and reporting requirements for subsets of the building stock as an initial step toward enabling energy retrofits and broader climate action.

Whether required by law or adopted voluntarily, benchmarking measures a building’s actual performance over time, relative to itself and to other similar buildings. It is distinct from energy code compliance, which is based on modelled simulations; however, benchmarking data can inform future compliance evaluations and help prioritize retrofit opportunities.

Many BC local governments have begun exploring benchmarking, reporting, and disclosure as part of their decarbonization toolkit. Building Benchmark BC, a voluntary initiative led by multiple jurisdictions, has laid important groundwork for a future transition to mandatory reporting.

Local governments considering regulatory approaches should also take steps to build a supportive enabling environment, including stakeholder engagement, data infrastructure, and legal clarity.

Related Reading

For detailed guidance on program design, implementation, communication, enforcement, and evaluation, see the Step-By-Step Guide: Supporting Local Governments in British Columbia to Implement Energy Benchmarking.

Regulatory pathways

Require energy and emissions reporting through Section 8 of the Community Charter

Last update: Aug. 2025

Municipalities in British Columbia can likely require energy and emissions reporting—including home energy labelling—by enacting a bylaw under section 8(3)(l) of the Community Charter.

How it works

  • Section 8(3)(l) grants municipalities the authority to regulate matters in relation to buildings and other structures. However, this authority is constrained by section 53, which limits its use to purposes such as energy conservation, greenhouse gas (GHG) reduction, public health and safety, and protection of persons or property.
  • Energy and emissions reporting aligns with the permitted purposes of energy conservation and GHG reduction under section 53.
  • The Building Act also applies. Section 5(3) of the Building Act invalidates any local building requirement that:
    • overlaps with a requirement set by an existing building regulation; or
    • is designated as a restricted matter.
  • However, section 5(4) clarifies that these limitations do not apply to “unrestricted matters” as defined in regulation.
  • Energy and emissions reporting is not currently addressed by the BC Building Code or other building regulations and is not designated as a restricted matter. Even if it were, section 2.2 of the Building Act General Regulation designates energy conservation and GHG reduction as unrestricted matters.
  • As long as the reporting requirement does not impose new construction standards beyond those set out in the Step Code or modify a requirement or impose a requirement in addition to those in the Step Code, it would likely be considered valid.
  • This pathway applies only to municipalities and not to regional districts.
  • Municipalities can also use this pathway for home energy labelling.

Glossary Entry

Bylaws Under the Community Charter

The Community Charter gives municipalities the authority to regulate specific local matters by bylaw.

Part 2 of the Community Charter outlines the powers municipalities have to pass bylaws in defined areas, following a “spheres of jurisdiction” model. This means local governments can regulate, require, or prohibit certain activities—such as animal control or public health—within specific policy areas, or “spheres.”

Some of these areas are classified as spheres of concurrent authority under Section 9 of the Charter. This includes:

  • Section 8(3)(i) – public health
  • Section 8(3)(j) – protection of the natural environment

In these cases, municipalities must receive approval from the relevant provincial minister before adopting a bylaw—even if the bylaw also addresses issues in non-concurrent areas.

Glossary Entry

Require energy and emissions benchmarking for existing buildings

Benchmarking is the practice of measuring and tracking a building’s energy performance over time and comparing it to similar properties. Local governments across British Columbia are increasingly interested in implementing benchmarking and reporting requirements for subsets of the building stock as an initial step toward enabling energy retrofits and broader climate action.

Whether required by law or adopted voluntarily, benchmarking measures a building’s actual performance over time, relative to itself and to other similar buildings. It is distinct from energy code compliance, which is based on modelled simulations; however, benchmarking data can inform future compliance evaluations and help prioritize retrofit opportunities.

Many BC local governments have begun exploring benchmarking, reporting, and disclosure as part of their decarbonization toolkit. Building Benchmark BC, a voluntary initiative led by multiple jurisdictions, has laid important groundwork for a future transition to mandatory reporting.

Local governments considering regulatory approaches should also take steps to build a supportive enabling environment, including stakeholder engagement, data infrastructure, and legal clarity.