The Budget Measures and Interim Appropriation Act, 2007 assented to on May 17, 2007 amended the Records of Site Condition section of the Environmental Protection Act. The amendments clarified certain provisions of Part XV.1 For example, section 168.2 has been amended to provide that a property meets the applicable site condition standards if the concentration of the contaminants in the land and water on, or under the property does not exceed the standards prescribed by a Regulation or the standards specified in a risk assessment.

Other amendments addressed the powers of the Director upon filing of a Record of Site Condition. Subsection 168.4(3), which provides for the written acknowledgement from the Director of the filing of a Record of Site Condition on the Registry, has been substituted with language which permits the Director to give notice that a Record of Site Condition cannot be filed if it has not been completed in accordance with the Regulation or that the Director intends to conduct a review of the Record of Site Condition before it can be filed in the Registry. The Director will be required to provide notice of a defect in the Record of Site Condition and the owner may then submit further information and correct the defect. These amendments are not yet in force and will come into force upon proclamation.

Clarification has also been provided as to the consequences of filing a Record of Site Condition where contaminants subsequently move onto another property. The protection afforded by the Record of Site Condition from Ministry of the Environment orders will only be lost if the concentration of the contaminants at the other property exceeds the prescribed limits. Previously this protection was lost even if only minute levels of contaminants crossed the property line.

For more information see:

http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTAwMzY2&statusId=MTQ5OTUy&language=en