To whom brownfields legislation applies
The ministry legislation applies to more than just former industrial properties.
Anyone who wants to change the use of their property should review the requirements under Ontario Regulation 153/04 and Part XV.1 of the Environmental Protection Act (EPA). This legislation specifically defines the property use changes where a "record of site condition" (RSC) is required.
In general, an RSC must be filed when a property's use is changing from "less sensitive" to "more sensitive." For example, if a property owner wishes to redevelop a former industrial building into residential properties, the owner must conduct an assessment and file an RSC.
What is a record of site condition (RSC)?
A record of site condition (RSC) is a document that summarizes the environmental condition of a property, as certified by a "Qualified Person", as of a particular date.
These Qualified Persons are defined within Ontario Regulation 153/04. Before an RSC can be filed, the Qualified Person must assess the property and find that any concentration of contaminants meets the soil, sediment and groundwater standards applicable to the proposed use.
The ministry's standards are set out in the Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act.
A property owner may also develop property-specific standards by preparing a risk assessment. For more information please read our fact sheet, Understanding Risk Assessment.
Requirements of a Qualified Person
Generally, "Qualified Persons" are licensed under the Professional Engineers Act, or are members of the Association of Professional Geoscientists of Ontario.
A Qualified Person supervises or conducts environmental site assessments in support of an RSC. They also make the certifications in an RSC that are filed to the Environmental Site Registry.
How to access or file records of site condition
Once the owner and the Qualified Person make the required certifications, and the records of site condition (RSC) is filed and acknowledged on the Environmental Site Registry, the owner receives limited liability protection from some environmental orders.
You can search for and/or file records of site condition easily on the Environmental Site Registry.