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  • Environmental Protection Act (e-laws)
    Part XV.1 of the Environmental Protection Act establishes a regime for site assessment and clean-up, including requirements for site assessment methodology, qualifications of persons conducting site assessment, and requirements for submitting a risk assessment. It also makes the change to a use of a property that is considered more sensitive contingent upon the filing of a Record of Site Condition.
  • Records of Site Condition Regulation (O.Reg. 153/04) (e-laws) (consolidated)
    Regulation 153/04, made under the Environmental Protection Act, sets out requirements for conducting site assessments and defines who may be a “qualified person” for purposes of conducting environmental site assessments and making Record of Site Condition certifications.
  • 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)
    Regulations 298/02 (under the Environmental Protection Act) and 299/02 (under the Ontario Water Resource Act) offer limited regulatory liability protection to municipalities, secured creditors, trustees who take action on brownfield sites.
  • Building Code (O.Reg. 389/05) (e-laws)
    Section 8 (1) of the Building Code Act requires that a building permit be issued before the construction of a building can commence. A building permit can only be issued once a building official has determined that the permit application complies with the list of “applicable law” as found in the Building Code Act, 1992.
    Applicable law includes Section 168.3.1 of the Environmental Protection Act, which requires the filing of an Record of Site Condition prior to changing the use of a property to a use which is considered more sensitive.
    These parts of the legislation work together to help ensure that obtaining a building permit is contingent on compliance with Section 168.3.1 of the Environmental Protection Act , which will require the filing of a Record of Site Condition in certain circumstances.
  • Classification of Proposals for Instruments (O.Reg. 681/94) (e-laws)
    Regulation 681/94 names a Certificate of Property Use as a Class II instrument under the Environmental Bill of Rights, if the proposed Certificate of Property Use relates to a risk assessment submitted to the Ministry of the Environment, but does not include a proposed Certificate of Property Use in respect of a Modified Generic Risk Assessment (provisions for the latter also came in force July 1, 2011.)
    The classification of Certificates of Property Use as a Class II instrument under the Environmental Bill of Rights impacts the minimum level of public notification required before the Government of Ontario makes decisions about proposed Certificates of Property Use, and requires the posting of draft Certificates of Property Use to the Environmental Registry.