The Ontario Ministry of the Environment is proposing to change the definition of Qualified Persons who conduct or supervise environmental site assessments and who make certifications in Records of Site Condition filed with the Brownfield Environmental Site Registry.

The following amendments would be made to the definition of Qualified Persons, other than for the purposes of a risk assessment, as of April 1, 2008, to permanently include:

  • Persons holding a limited licence under the Professional Engineers Act;
  • Persons holding a certificate of registration under the Professional Geoscientists Act, 2000 who are limited members of the Association of Professional Geoscientists of Ontario

Provisions are to be made to allow all persons who are currently recognized as qualified persons to continue to work as qualified persons until March 31, 2009.

The amendment would also prescribe a purpose for the Registry that includes facilitating public access to information respecting qualified persons.

In the period of October 1, 2004, when the Environmental Site Registry began, and October 1, 2007, 866 RSCs were acknowledged and posted on the Registry. In about 98% of the filings, the certification statements were made by Professional Engineers or Professional Geoscientists.

The proposed amendment to the Regulation is intended to enhance the quality of Records of Site Condition, ensure accountability of qualified persons, and to encourage brownfield redevelopment. It is also intended to enhance the protection of the public interest to ensure that brownfield redevelopment projects are conducted or supervised by professionals who are accountable and qualified.