01/14/2010

Ontario Regulation 153/04 under the Environmental Protection Act has been amended to address a number of issues related to Brownfield clean-up.
In the 2007 Budget, the government announced a comprehensive package of reforms that would address the barriers to brownfield redevelopment. The first change was implemented in October 2007 with an amendment related to the Qualified Persons which specified who can conduct or supervise site assessments for the filing of a Record of Site Condition.

The Amendments recently posted implement the balance of the legislative reforms passed in 2007 and they address the following:

  • Enhanced Record of Site Condition (RSC) Integrity
  • Streamlined Risk Assessment
  • Strengthened Standards
  • Other Technical Improvements and
  • Implementation and Transition
It is important to note that the amendments will come into force on July 1, 2011 (approximately 18 months) after the regulation is filed. For those that qualify under the transition provisions, an additional 18 months will be provided. Grandfathering will only apply to soil, ground water and sediment standards (not new ESA requirements).

This is for your Information.