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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:

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.

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

Legislative Framework