More stringent cleanup standards for contaminated sites will
come into effect July 1, 2011, under 2009 amendments to Regulation 153/04. Some property owners
with ongoing cleanups may prefer to use the old numbers, i.e. the
"March 9, 2004 Soil, Ground Water and Sediment Standards"
("2004 standards") to obtain a record of site condition
after July 1, 2011. If they do, they must file a notice, which is
Section 21.1 of the Regulation allows such owners to extend the
use of the 2004 standards and certain associated provisions if the
meets the requirements of section 21.1;
chooses to use the 2004 standards;
submits a Record of Site Condition for filing after July 1,
2011 but before January 1, 2013.
For an owner to be eligible to use the 2004 standards,
aNoticemust be completed and submitted via email to the
Ministry of Environment between July 1, 2010 and December 31, 2010
along with the necessary supporting documents.
The Notice under Section 21.1 has been posted on the
ministry's website along with additional instructions at the
following link: http://www.ene.gov.on.ca/en/land/brownfields/amendments.php.
However, many owners of contaminated sites are finding that it
makes limited financial sense to extend the use of the 2004
numbers, given the requirement to prepare new Phase I and Phase II
environmental site assessments for any Record of Site Condition
filed after July 1, 2011.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In Crombie Property Holdings Limited v McColl-Frontenac Inc. (Texaco Canada Limited), 2017 ONCA 15 (Crombie v McColl ), the Ontario Court of Appeal released an important decision regarding environmental due diligence in a real estate transaction, . . .
Last August, we reported on recent case law dealing with the difficult question of how to determine limitation periods in environmental claims. In the January 2017 Court of Appeal decision of Crombie Property Holdings Limited v. McColl-Frontenac Inc., the court overturned the trial court's decision that the case was started too late on the basis of "palpable and overriding errors".
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