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As noted, the NBC 2010 provisions are advisory, and become legally binding only if

incorporated into provincial/territorial law, that is, into provincial/territorial building codes (or, in some cases via provincially-delegated municipal authority). Enforcement tends to fall to local governments.

Provincial/territorial adoption of the NBC 2010 (with the 2012 revisions and errata)115 would generally entail adoption of the Appendix Notes to the NBC in which the Radon Guideline reference level of 200 Bq/m3 is included. The appendix notes to provincial/territorial codes are not legally binding but provide guidance on how to interpret the code(s).

Unlike other statutes, several provincial/territorial building codes are not publicly available on- line. Nor is the NBC, 2010 upon which the majority of codes are based (in whole or in part), and, like some provincial/territorial building codes, it must be purchased, at considerable cost. The federal government provides an on-line summary of Building Codes across Canada116 and Appendix 2 to this report provides a comprehensive survey of the radon protection provisions in the NBC, 2010 and details whether and where radon protection provisions are incorporated into

115 _{As discussed in Section 3.6 above, measures to prevent soil gas from entering homes were first introduced into} the National Building Code in 1995. Updates occurred in 2005 and 2010 with further revisions and errata published in 2012. These post-2010 revisions are implicitly included in this report, when the document is referred to as the

National Building Code, 2010 (NBC 2010).

116

Government of Canada Website, Canada Business Network “Building Codes, Regulations, and Related Standards”: http://canadabusiness.ca/eng/page/3941/

36 provincial/territorial building codes. Given the provincial/territorial jurisdiction over the design and construction of buildings and the advisory nature of NBC 2010, adoption into

provincial/territorial building codes varies depending on the degree to which the NBC, 2010 radon protective provisions have been adopted.117

To facilitate comparison, most provincial/territorial building codes can be easily cross-referenced with the NBC 2010 as section titles and numbering have been made consistent. To date, all provinces but Ontario and Prince Edward Island have substantially adopted, in some cases with additions and modifications, the NBC 2010. Where existing codes only incorporate the radon provisions from the NBC 2005, plans are generally in place to update to the NBC 2010

provisions (and related 2012 revisions and errata). Notably, only Ontario has adopted the federal Radon Guideline’s reference level of 200 Bq/m3 into the provincial building code and only in certain parts of the province. Some other provinces have noted the reference level in their Building Code appendices but not in the Code text. Hence, for provinces/territories where the NBC 2010 has been adopted in full, including the 2012 revisions and errata, it can be assumed that the NBC 2010 appendix notes containing radon protection explanations and reference to the 200 Bq/m3 reference level are adopted unless otherwise specified (these would include British Columbia, Nova Scotia, Manitoba, Saskatchewan, Yukon, Northwest Territories, Newfoundland, and New Brunswick).

A summary is provided in the following table.

Summary of Provincial/Territorial Adoption of NBC 2010 Radon Provisions

(see Appendix 2 to this report for full details)

Provincial/Territorial Building/Construction Code Adoption of NBC Radon Provisions (Yes/No/Partial) Variations

Alberta Partial. Includes

some but not all of NBC provisions. Updates to adopt the NBC, 2010 are anticipated in the fall of 2014.118

Alberta Building Code includes revisions and errata approved to June 2009, but does not include any of the 2012 radon related additions to the NBC, 2010.

Does not include explicit radon protection provisions in Section 5.4, as does the same section in the NBC 2010 but provides some comparable measures for addressing air leakage.

Does not refer to Good Engineering Practice reference for radon as provided in NBC.

Addresses only some of the radon provisions of Section 9 of the NBC.

British Columbia Yes. Substantially based on the NBC.

Manitoba Yes. Incorporates all the NBC radon-protection provisions and includes

additional Manitoba-specific provisions.

New Brunswick Partial. Updates

currently

Municipalities directed to enact standards that adopt the NBC, 2005. Regulatory amendments currently proposed would update

117

Ibid. 118

Personal communication with James Orr, Director, Standards Development, Building and Fire Safety Services Alberta Municipal Affairs, July 18, 2014.

37 Provincial/Territorial Building/Construction Code Adoption of NBC Radon Provisions (Yes/No/Partial) Variations

proposed. these requirements to NBC, 2010. Where municipalities have not enacted bylaws, Provincial Building Regulation applies and it also still refers to NBC, 2005.

Newfoundland and Labrador

Yes, where municipalities act.

Municipalities empowered to pass regulations related to building design and construction which must incorporate NBC, 2010. For small number of municipalities not thus empowered, different but similar requirements apply.

Nova Scotia Yes

Northwest Territories Yes

Nunavut No. Pending. Building Code Act not yet in force but provides for reference to NBC in whole or in part via regulations. Existing Guidelines allow for application of NBC under various circumstances but does not refer to radon specifically. Law governing municipalities allows for bylaw powers that can directly reference the NBC.

Ontario Partial. Does not adopt the model NBC but considerable harmonization

including the adoption of the federal Radon Guideline reference level of 200 Bq/m3 in three regions known to have high radon levels. Other radon protection provisions apply across Ontario. Prince Edward Island Partial. Non-municipally incorporated areas under provincial jurisdiction

(about 70% of PEI) not subject to NBC but regulation-making power exists to do so. Municipally incorporated areas have jurisdiction over issuing building/development permits and three municipalities have fully adopted the NBC.

Quebec Partial. Quebec Construction Code includes NBC 2005 radon provisions

and some but not all of the NBC 2010 provisions.

Saskatchewan Yes

Yukon Yes

In the West Kootenay’s, a high radon area of British Columbia, a pilot study investigated radon levels in a subdivision constructed in compliance with 2006 NBC provisions, including radon protective provisions. The pilot study results found that newly constructed homes had higher radon levels than older homes, and that 32 of 33 new homes tested had radon levels in excess of the federal Radon Guideline reference level of 200 Bq/m3.119 Additional studies are underway in BC to assess the efficacy of updated (that is, incorporating NBC 2010 radon provisions)

construction standards on radon protection. A pilot project led by the BC Lung Association in partnership with the City of Castlegar and the Fraser Basin Council is designed to acquire information about the types of homes with high radon levels and to inform provincial health policies and building construction standards. The pilot project is taking place in the Prince George and Castlegar areas. An Indoor Radon Study being conducted in both communities is

119

“Golder Associates Ltd., “Radon Reduction in the West Kootenays: Case Studies of Mitigation Effectiveness”, BC Lung Association Workshop Presentation to the Castlegar Rotary Club (February 19, 2013), online:

38 evaluating the efficacy of the British Columbia Building Code’s radon protection measures. The BC Building Code adopts the NBC 2010 radon protection provisions. In the winter of 2014, testing was conducted to compare radon levels in homes built pre-2006 with homes built on or after 2006. As of November, 2014, study results have not yet been released.120

Given that the federal government’s Radon Guideline is voluntary and, when provincially/locally mandated (currently only in three high radon areas in Ontario) is required during new

construction and major renovations, its influence on existing homes is purely advisory. Hence, for existing homes not undergoing major renovations, the Radon Guideline can at best inform and motivate the population at an individual level. Testing and remediation (if need be) of existing homes is at the discretion of the property owner. An Ontario study using Statistics Canada data found that mandatory radon protection measures in building codes would be a more effective long-term approach to reducing radon-induced cancer risk than a

retrofitting/remediation approach. Assuming development trends in Ontario remain consistent the study estimates that if radon-related building code measures were implemented in 2014, then in 37 years 50% of the Ontario housing stock would be built to that radon protective standard. The report concludes that if effective building codes were implemented, they could reduce between 23-50% of the radon-related illness burden 37 years from now.121

Finally, the opportunity to address radon health risks in Ontario in new and existing homes is the motivation behind a private member’s bill in Ontario that has been introduced for a third time during 2014 and is scheduled for committee review in the fall. The purpose of Bill 11, the proposed Radon Awareness and Prevention Act, 122 is to raise awareness about radon, to

establish the Ontario Radon Registry, and to reduce radon levels in homes and workplaces. The proposed Ontario Radon Registry would collate and map the results of radon testing across the province and make this information publicly available (absent disclosure of personal

information). The bill proposes to require the Minister of Municipal Affairs and Housing to test for radon in the “normal occupancy area” of “provincially owned dwellings” (by Dec 31 2021), and to require reasonable action be taken to reduce the radon level if found to be above 200 Bq/m3. Also included are amendments to the Ontario Building Code Act with the aim of

strengthening radon protection provisions and to require a review of these requirements after five years.