NOTICE OF MANDATORY FILING REQUIREMENT FOR RECORDS OF SITE CONDITION AND PUBLIC NOTIFICATION REQUIREMENTS FOR CERTIFICATES OF PROPERTY USE
You have previously expressed an interest in changes to legislation and regulations related to brownfields. As you may be aware, the provincial government implemented amendments to the Environmental Protection Act on October 1, 2005, requiring the filing of records of site condition (RSCs) in relation to specified changes in property use. A regulation has also been implemented classifying certificates of property use as an instrument under the Environmental Bill of Rights.
Mandatory Filing Requirements
The Brownfields Statute Law Amendment Act, 2001 added provisions to the Environmental Protection Act that place restrictions on the change of use to a property and on circumstances when a building permit may be issued: section 168.3.1 and subsection 168.6 (6). These provisions came into effect on October 1, 2005. At the same time, related sections (Parts 4 and 10) of Ontario Regulation 153/04, Records of Site Condition, came into effect. Taken together, these provisions:
Require the filing of a RSC to the brownfields Environmental Site Registry before a property use can change from an industrial, commercial, or community use to a residential, institutional, parkland, or agricultural use;
Restrict construction of a building before filing a RSC, if the building will be used in connection with a specified change of property use; and
Prohibit the issuance of a building permit if it is in relation to a use of the property or construction of a building that is restricted by a Certificate of Property Use.
The Environmental Protection Act and O. Reg. 153/04 under that Act can be viewed at e-laws: http://www.e-laws.gov.on.ca
Amendments have also been made to the Building Code Regulation (O. Reg. 403/97) to make these provisions applicable law under the Building Code Act. These amendments were made through O. Reg. 389/05.
Classification of Certificates of Property Use
Ontario Regulation 681/94, Classification of Proposals for Instruments, under the Environmental Bill of Rights (EBR) has been amended to classify certificates of property use (CPUs) as a class II instrument under the EBR if the certificate of property use relates to a risk assessment submitted to the Ministry on or after October 1, 2005. This amendment was made through O. Reg. 505/05. This classification requires a minimum level of public notification, including a posting on the EBR, of certificate of property use proposals. The classification of certificates of property use as a Class II instrument also means that such decision will be subject to the third party leave application provisions under the EBR. The proposal to amend O. Reg. 681/94 was placed on the EBR Environmental Registry for comment from June 22, 2005 to July 22, 2005.
This regulation has been filed and can be viewed at e-laws: http://www.e-laws.gov.on.ca/DBLaws/Source/Regs/English/2005/R05505_e.htm .
Guidance Information
"Records of Site Condition: A Guide on Site Assessment, the Cleanup of Brownfield Sites and the Filing of Records of Site Condition" is currently available on the MOE record of site condition web-site: http://www.ene.gov.on.ca/envision/land/decomm/condition.htm .
The Ministry of the Environment (MOE) has also developed an internet-based training program to explain the requirements associated with the mandatory filing provisions of the Brownfields legislation and regulation. A link to this training program is also available on the MOE record of site condition web-site: http://www.ene.gov.on.ca/envision/land/decomm/condition.htm . The link is called "Brownfields E-Learning Training Opportunities."
MOE Contact Information
As mentioned above, material is available to assist with understanding the new regulatory and legislative provisions. For additional information, the following MOE contacts are provided:
Tim Krsul Chris Lompart
Program Land and Water Coordinator Policy Branch
416 326-4840 416 314-7051
Sincerely,
Stephen Carty
A/Director, Land and Water Policy Branch
Ministry of the Environment
