Canada: Contaminated Sites Reminder

Last Updated: May 20 2011
Article by Dianne Saxe

The Ministry of the Environment is trying to remind everyone that significant changes to O. Reg. 153/04 (Records of Site Condition) will take effect on July 1, 2011. These changes will affect all sites for which Records of Site Condition are sought after July 1, 2011. The impact of the changes on other sites is yet to be determined.

"If a qualified person and owner of property wish to have a record of site condition (RSC) filed and acknowledged before the changes come into effect, and have not yet submitted the RSC, the Ministry strongly encourages them to submit the RSC with all required documentation well before June 30, 2011. RSCs which are incomplete (e.g. missing supporting documentation) cannot be filed and acknowledged.

If you have already submitted a RSC and problems were identified by the Ministry, please contact the Ministry with any questions before re-submitting the RSC to minimize delays.

Set out below are some common errors found in RSC submissions, and a list of the supporting documents required for filing a RSC.

If you would like a RSC to be filed and acknowledged before July 1, 2011, you should ensure that your RSC contains no errors and the submission includes all relevant and required supporting documents.

Common Errors

The most common types of errors found in RSC submissions are as follows:

* The legal description of the RSC property supplied in supporting documents does not match what has been entered in the RSC.

The documentation you provide with the legal description of the RSC property must match the legal description that is entered on the RSC unless the RSC property is part of the property described in the supporting documents. Please call the Ministry before you submit the RSC if you have any questions. * The RSC is being filed for a property that is part of a larger property that is the subject of a deed or transfer; however, no plan of survey is provided with the RSC and the legal description bears no likeness to any documentation provided. If the RSC property applies to a portion of an entire legal property, there are a few things that need to be identified in the RSC.

First, when you see the question, "Does the RSC apply to the entire legal property"? Answer with "No".

Second, ensure that the survey provided identifies the RSC property boundaries, and that it has been prepared by an Ontario Land Surveyor (additional information provided below).

And lastly, the Ministry recommends that you include a letter that describes the legal description of the property prepared by a lawyer. Inclusion of this letter in this situation will help prevent delays. Please note that the RSC property provided in the letter must match the legal description of the RSC property entered in the RSC, .

* Required supporting documents are missing.

If you're not sure what documents you need to include with the RSC submission, please check the list below. If you still are unsure, please contact the Ministry for clarification.

* The dates on Page 3 of the RSC do not match (Owner's Certifications).

Please note that the owner is required to insert two dates on Page 3 of the RSC – these must be the same, as required by Schedule A of O.Reg. 153/04. The owner is required to certify, among others, the following statement: "To my knowledge, the statements made in this part of the RSC are true as of [insert date on which the owner or the owner's agent signs the RSC]". If you have any questions about this, please contact the Ministry before submitting the RSC.

* The survey provided has not been prepared by an Ontario Land Surveyor.

If a survey is required, the regulation requires that it be prepared by an Ontario Land Surveyor. This requires that the survey be signed and dated . The survey does not have to have been deposited with the Land Registry office in order to be used in a record of site condition. Required Supporting Documents

1. Certificate of Status or Equivalent (Qualified Person's corporate employer) – If the qualified person is an employee of a corporation, please provide a certificate of status (if a corporation incorporated under the Business Corporations Act) or equivalent document. If the corporation is not incorporated under the Business Corporations Act, please provide official documentation that demonstrates that the company or corporate employer still exists. If you are unsure what is needed, please contact the Ministry for clarification.

2. Business Names Report (Qualified Person's partnership employer) - If the qualified person is an employee of a partnership or a member of a partnership, please provide a copy of the Business Names Report, if one exists.

3. Certificate of Status or Equivalent (owner) – If the owner is a corporation, please provide a certificate of status (if a corporation incorporated under the Business Corporations Act) or equivalent document. If the company or corporate employer is not incorporated under the Business Corporations Act, please provide official documentation that demonstrates that the company or corporate employer still exists. If you are unsure what is needed, please contact the Ministry for clarification.

4. Business Names Report (owner) – If the owner is a partnership, please provide a Business Names Report, if one exists.

5. Deed or Transfer – A copy of the deed or transfer by which the RSC property was acquired by the owner (even if the deed or transfer includes other property in addition to the RSC property). If you are not sure what document is required, please contact the Ministry for clarification.

6. Letter Authorizing Person to Sign on Behalf of Owner – If the person filing the RSC is not the owner of the property, include a letter that demonstrates that the person is authorized to file the RSC on the owner's behalf. For example, if the owner is "ABC Company" and you work for "ABC Company", you will need to provide a letter from "ABC Company" authorizing you to file the RSC on "ABC Company's" behalf. If you are not sure what document is required, please contact the Ministry for clarification.

7. Survey – If the RSC property is part of a larger property that is the subject of the deed or transfer, attach a copy of a survey of the RSC property prepared by an Ontario Land Surveyor (that identifies the surveyed bounds of the RSC property). The survey must be signed and dated.

8. Letter Authorizing an Agent – If you are an agent for the owner, include a letter that demonstrates that you, the agent, are authorized by the owner to "make the statements required under subsection 6(1) of Schedule A and to sign the RSC on behalf of the owner". What is identified in quotes needs to appear in the letter. If you are not sure what document is required, please contact the Ministry for clarification.

9. Proof of Appointment as Receiver – If the person filing the RSC as owner is a receiver, include proof of appointment as receiver, including any order, or proof that the receiver has taken possession or control of the property.

10. Survey showing Where the Phase Two Environmental Site assessment Was Conducted – if the QP certifies that no phase two environmental site assessment is required by the regulation for a particular part of the RSC property, include a survey identifying the surveyed boundaries of the phase two environmental site assessment prepared by an Ontario Land Surveyor. The survey must be signed and dated.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Dianne Saxe
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions