On December 29, 2009, without press release or Internet
explanation, the Ontario government quietly filed the extensive and
long-awaited changes to its brownfields regulations (O. Reg.
153/04). The amendments include
a complete rewrite of the requirements for Phase I and II
Environmental Site Assessments (including new Schedules covering
the application, site investigations, review and evaluation of the
information, and preparation of the assessment report for each
reference to new Soil, Ground Water and Sediment Standards
(which, although dated July 27, 2009, apparently haven't been
a new definition of an "owner" under section 4
further clarification on who is and who may not be a
new site condition standards for shallow soil properties or
new analytical procedures and protocols
new provisions addressing soil brought from another
extensive revisions to Schedule A, which deal with the contents
and submission of the Record of Site Condition (RSC)
revisions to the "limited scope risk assessment"
provisions in Schedule C
new mandatory requirements for risk assessment reports in
We haven't finished going through the amendments in detail,
but will be analyzing and summarizing the changes in the next issue
of our newsletter.
In the meantime, there's no need to panic; you still have
considerable time to prepare for the new brownfield regime. Just a
handful of rather limited revisions (ss. 1.7, 12, 19, 23, 24, 26
and 32) came into force when the amending regulation (O. Reg.
511/09) was filed. The bulk of the amendments don't come into
force until July 1, 2011. Even the transition provisions (in
section 13) don't come into effect until July 1, 2010.
There hasn't been a posting on the Environmental Registry
(yet) and the amending regulation won't be published in The
Ontario Gazette till the next issue. But you can find O. Reg.
511/09 on the "Source" law section of the province's
e-laws website at http://www.elaws.gov.on.ca/html/source/regs/english/2009/elaws_src_regs_r09511_e.htm
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