A proposal for amending Ontario Regulation 153/04, Records of Site Condition, under the Environmental Protection Act (the Brownfields Regulation) was posted on the Environmental Registry in October 2008. The proposal is open for comment until February 3, 2009. The proposed amending regulation makes a number of significant changes to the current Brownfields Regulation, including the following:

  • Changes to the Ministry of Environment’s (MOE) Soil and Groundwater Standards, including the introduction of more stringent standards for certain substances and new tables for shallow soil properties and for properties within 30 m of a water body.
  • Introduction of specific minimum requirements for conducting Phase I and II environmental site assessments in the context of filing Records of Site Condition (RSCs). These amendments specify what Qualified Persons (QPs) must do in the course of a Phase I or II environmental site assessment.
  • Amendments to the RSC filing process to introduce a 30-day Notice Period between submission of an RSC and filing of an RSC to allow the MOE to undertake an administrative review.
  • Changes to off-site liability provisions to allow owners, in certain cases and subject to certain conditions, to obtain optional off-site liability protection from MOE orders once they file an RSC for a property.
  • Introduction of a modified generic risk assessment approach to use as an alternative to meeting generic MOE standards for certain properties.

A detailed overview of the proposed changes is available on the Environmental Registry at http://www.ebr.gov.on.ca/ERS-WEB-External/; EBR Registry Number 010-4642. Fact sheets regarding some of the main changes are available at http://www.mah.gov.on.ca/Page1513.aspx.

For further information about any of the proposed amendments, including assistance in drafting comments on the proposal, please contact the author or other members of McCarthy Tétrault’s Environment, Health and Safety Group.

See other articles on the same topic:

Ontario Ministry of the Environment Implements Next Phase of Brownfields Legislation

The Ontario Ministry of the Environment's New Brownfields Legislation

The MOE’s New RSC Process - Will It Actually Encourage Brownfield Redevelopment?