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Implementing Ontario's Brownfield Reform

In January 2007, the government of Ontario introduced a suite of legislative reform proposals to facilitate brownfield redevelopment. These reforms received Royal Assent on May 17, 2007 as part of the Budget Measures and Interim Appropriation Act, 2007 (Bill 187).

MOE has now released the proposed amendments to Ontario Regulation 153/04 that would implement the balance of the legislative reforms made to the Environmental Protection Act (EPA) and the Ontario Water Resources Act in 2007. These regulatory amendments would also update the site condition standards to reflect current science; and would introduce a streamlined modified generic risk assessment for brownfield sites.

For more information:

• Stepping up Ontario’s Action on Brownfields: New Regulations and Standards ( 177K)
  A brochure providing an overview of the proposed regulatory changes

• EBR Posting (EBR# 010-4642), Proposal for Amending Ontario Regulation 153/04, Brownfields Records of Site Condition.

• Fact Sheets - Provide background information on each of the major policy areas and the location of specific changes in the amending regulation:
  • Enhanced Record of Site Condition Integrity
  • Off-site Liability Protection
  • Streamlined Risk Assessment
  • Strengthened Standards
  • Complementary Amendments to Ontario Regulation 153/04
• Proposed Regulatory Amendments:
  These proposed amendments include a new process and requirements for submitting RSCs, strengthened contaminant standards, streamlined risk assessment procedures, and address regulatory liability.

• Ontario Regulation made under the Environmental Protection Act, Amending O. Reg. 153/04 (Records of Site Condition - Part XV.1 of the Act)

• Related Regulatory Amendments:
  These proposed amendments streamline the adoption of certificates of property use for risk management measures where there is a streamlined risk assessment.

• Ontario Regulation made under the Environmental Bill of Rights, 1993 Amending O. Reg. 681/94 (Classification of Proposals for Instruments)
• Ontario Regulation made under the Environmental Bill of Rights, 1993 Amending O. Reg. 73/94 (General)
• Tables of Site Condition Standards
  Includes a comparison of the existing standards and the proposed new standards.

• Rationale for the Development of Generic Soil and Ground water standards for Use at Contaminated Sites in Ontario (September 18, 2008)
  A revised version of the technical document outlining the methodology used to develop the standards.

• Protocol for Analytical Methods Used in the Assessment of Properties under Part XV.1 of the Environmental Protection Act. Version 2.0. Proposed Amendments - Final Draft
  Technical document outlining the requirements for laboratory analysis.

Records of Site Condition

Protection from environmental liability together with new cleanup standards came into effect as of October 1, 2004. Protection from environmental cleanup orders for property owners is contingent upon documentation known as a record of site condition (RSC) being filed in the Brownfields Environmental Site Registry. Before an RSC can be filed, the property must have been properly assessed and shown to meet the soil, sediment and groundwater standards appropriate for the proposed use. The Records of Site Condition Regulation (O. Reg. 153/04) (e-laws) details the requirements that property owners must meet in order to file a record of site condition.

• Records of Site Condition - A Guide on Site Assessment, the Cleanup of Brownfield Sites and the Filing of Records of Site Conditions  (1.04 MB)

Certification of Qualified Persons

The government has amended O.Reg. 153/04 setting out new requirements for Qualified Persons. This change affects only those individuals who supervise or conduct environmental site assessments associated with a Record of Site Condition (RSC) and who make certifications in a RSC filed to the Brownfields Environmental Site Registry.

• As of April 1, 2008 persons holding limited licences with the Professional Engineers of Ontario and limited membership with the Association of Professional Geoscientists of Ontario are prescribed as qualified persons.

   

• Until September 30, 2009, all persons who are currently recognized as qualified persons can continue to act in this capacity, i.e., to supervise or conduct environmental site assessments supporting records of site condition and make certifications in RSCs.

• As of October 1, 2009, qualified persons are defined as people licenced under the Professional Engineers Act or the Professional Geoscientists Act, 2000, including limited licensees and limited members.

The amendment also expanded the role of the Brownfields Environmental Site Registry to include facilitating public access to information respecting qualified persons. This permits the Ministry of the Environment to further develop the Registry potentially giving the public more access to information about qualified persons, such as the development of a roster.

Education and Resource Materials

• Issuing Building Permits for Former Brownfield Properties
  Applicable law is defined in Article 1.4.1.3 of Division A of the Building Code. Under this provision no building permit may be issued for construction if section 168.3.1 of the EPA applies and the RSC has not been filed; nor may a building permit be issued that would allow construction prohibited by a certificate of property use under the EPA.

• Procedures for the Use of Risk Assessments under Part XV.1 of the Environmental Protection Act (2005)  (912 KB)
  This is a plain language guide on how to conduct risk assessment work and draft a risk assessment report for submission to the Ministry of the Environment.

• Preparation and Review of Risk Assessments under O.Reg 153/04 (February 2006)  (354 KB)

• Guideline for Phase II Environmental Site Assessments in Ontario  (930 KB)
  This draft document is intended to provide guidance on planning and conducting Phase II environmental site assessments.

• Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act, March 9, 2004  (961 KB)

• Understanding Brownfield Standards  (91 KB)

• Protocol for Analytical Methods Used in the Assessment of Properties under Part XV.1 of the Environmental Protection Act, March 9, 2004  (1.02 MB)

Legislative Framework 

• Environmental Protection Act (e-laws)

• Records of Site Condition Regulation (O.Reg. 153/04) (e-laws)

• Records of Site Condition Regulation (O.Reg. 366/05) (e-laws)

• Municipalities, Secured Creditors, Receivers, Trustees in Bankruptcy and Fiduciaries Regulation (O.Reg. 298/02) (e-laws)

• Secured Creditors, Receivers and Trustees in Bankruptcy Regulation (O.Reg. 299/02) (e-laws)

• Building Code (O.Reg. 389/05) (e-laws)

• Classification of Proposals for Instruments (O.Reg. 505/05) (e-laws)