Originally published in Blakes Bulletin on Environmental
Law, May 2011
On July 1, 2011, the new Ontario "Brownfields" rules
and standards take effect. Enacted, but suspended since December
2009, the amendments to Ontario's contaminated sites
remediation regulation represents the latest update to the
province's environmental soil and groundwater standards, site
assessment procedures and risk assessment rules, to name but a few
The existing Ontario Brownfields regulation is named the
"Records of Site Condition" regulation (O. Reg.
153/04) after the official record that is available to
landowners who wish or need to document a site assessment or
remediation that is compliant with the regulation, for the purposes
of filing the record with the Ontario Ministry of the Environment.
Such a filing may be required of the landowner by municipal
building and land use authorities before certain land use changes
can proceed or it may be required by purchasers and lending
establishments in order ensure that the site is environmentally
clean and to obtain the legal protection from further remediation
obligations that is available under the regulations and its
enabling statute, the Environmental Protection Act.
An overview of the current Ontario Brownfields regime, including
the changes that take effect this July, entitled Brownfields
Reform in Ontario, written by Robert Fishlock and published by
Canada Law Book as part of Key Developments in Environmental
Law 2010, can be accessed here.
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guide to the subject matter. Specialist advice should be sought
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