The debate whether or not Ottawa residents have the “right to light” is heating up.
The campaign originated as an easement in English law after the Second World War with citizens wanting the right to sunlight in their homes. Recently, the campaign has been re-defined to include solar energy and the blocking of solar panels.
Residents who have invested in solar energy want a bylaw passed to protect their investments from being blocked out by construction.
Paul Couvrette, a Centretown resident, says he believes that the “right to light” must be protected.
He fears the solar energy systems in which he has invested will be wasted with local construction taking place nearby.
“Some sort of protection for an individual where he is trying to do the right thing is needed,” he says. “There should be a law in order to negotiate solar rights. There should be laws but there are none.”
The Property Limitations Act of Ontario states that no resident has the “right to light.” Therefore, unless a new bylaw is created, solar enthusiasts such as Couvrette have little to no argument in the legal system.
Janice Ashworth of Ecology Ottawa, a non-profit organization focused on local environmental issues, says she isn't sure how legal a “right to light” bylaw could be. She wants the federal government to regulate solar energy.
Couvrette brought the right to light issue to the public’s attention after several trees on a property adjacent to his Florence Street home were cut down by developers who want to build condos.
Couvrette is considering legal action after the developers removed trees from his lot, decreasing shading and increasing air conditioning costs for his home.
“Trees are part of the solar heating system,” he says. “I am losing on solar gain and losing on solar energy. City planning and city zoning have missed the boat on this issue.”