Catherine Willson and Jordan Barris, Goldman Sloan Nash & Haber LLP
An important environmental issue with respect to construction that does not attract a lot of notoriety is that of bird-friendly construction bylaws.
An advocacy group called FLAP (Fatal Light Awareness Program) claims that in North America, a staggering ONE BILLION birds die each year from crashing into high-rise buildings. The group claims that an estimated 10 birds die per building per year; and with 950,000 registered buildings in the City of Toronto, there is the potential for those buildings to annually cause the death of over nine million birds.
The problem with the buildings is glass reflection. Birds are unable to perceive images reflected in glass as reflections. Birds will fly into windows thinking that it is the sky, or a tree. FLAP estimates that at least one million birds die each year in Toronto alone, from window collisions.
The Bird Friendly Guidelines in Toronto’s Green Standard outlines all of the rules that developers must meet to prevent the death of migrant birds. Since 2010, the windows of all new buildings must be clearly marked up to 12 metres, the approximate height of mature trees.
As for existing buildings constructed prior to 2010, a case against Cadillac Fairview can shed some light on the duties of building owners as they relate to bird safety.
In 2012, a group called Ecojustice brought lawsuit against Cadillac Fairview claiming that the company was using highly reflective glass on their windows which caused the death of thousands of birds.
In Court, it was determined that Cadillac Fairview was in violation of Ontario’s Environmental Protection Act and Canada’s Species at Risk Act. Despite Cadillac Fairview’s contravention of both Federal and Provincial legislation, the company was acquitted because it had begun work to install window film that would deter birds from its properties. This case created a recognizable legal precedent for owners of glass buildings – in order to avoid legal liability, take measures to prevent the death of migrant birds!
FLAP claims that it is very easy for buildings to eliminate bird collisions. All a developer or architect has to do is place visual markers on the glass that alert the birds as to the presence of the glass.
There are a number of ways to create visual markers. You can have a pattern on the outside of the building that meets a certain density (i.e. a checkerboard type effect); You can apply film collages to the class that you can see through from the inside but not from the outside. Also, a company called Feather Friendly Technologies makes dots that are one eighth of an inch in size, which are practically invisible. Placing them about two-inches apart will achieve the objectives of the Bird Friendly Guidelines.
For a more detailed understating, the Bird Friendly Guidelines outlined in Toronto’s Green Standard can be accessed here: at the following link:
Contact Catherine at: willson@gsnh.com, 416-597-6488