In a previous e-alert
(http://mccarthy.ca/article_detail.aspx?id=4212), we reported on proposed amendments to Ontario
Regulation 153/04, Records of Site Condition – Part
XV.1 of the Act, under the Environmental Protection
Act (O. Reg. 153/04). The proposed amendments were
published in October 2008, and were open for comment until February
2009. The Ministry of the Environment (MOE), after considering the
comments received, filed an amending regulation (O. Reg. 511/09) to
O. Reg. 153/04 on December 30, 2009; accompanying fact sheets and
the soil and groundwater standards were published on January 6,
A small number of the amendments made to O. Reg. 153/04 (largely
the administrative amendments) have been in force since December
30, 2009, the date of filing of the amending regulation. However,
most of the amendments to O. Reg. 153/04 will come into force on
either July 1, 2010, July 1, 2011, or the later of July 1, 2011 and
the date certain further amendments to the Environmental
Protection Act come into force. A large portion of the
substantive amendments, such as changes to the soil and groundwater
standards applicable for the filing of Records of Site Condition
(RSCs), will come into force on July 1, 2011.
The following is a description of some of the significant
amendments made to O. Reg. 153/04:
The introduction of strengthened soil and groundwater site
condition standards, including updated standards for numerous
contaminants and new standards for several contaminants (these
strengthened standards will come into force on July 1, 2011).
The introduction of modified generic risk assessment, an
alternative risk assessment process that will allow the use of an
approved MOE model to modify generic site condition standards for
the purpose of filing RSCs (most changes related to modified
generic risk assessments will come into force on July 1,
The introduction of specific requirements for conducting Phase
1 and Phase 2 environmental site assessments. The new requirements
for Phase 1 and Phase 2 environmental site assessments replace the
previously used Phase 1 and Phase 2 standards published by the
Canadian Standards Association (most changes related to these
assessments will come into force on July 1, 2011 or at a later
The RSC submission process is changed to provide the Director
with 30 business days to review the RSC filing and to provide: a)
acknowledgement that the RSC was filed, b) notice that the RSC has
not been completed in accordance with the regulations, or c) notice
that the Director intends to conduct a technical review before the
RSC can be filed (this change will come into force on July 1, 2011
or at a later date).
MOE publications indicate that the changes in soil and
groundwater standards (or other changes to O. Reg. 153/04) will not
impact existing RSCs. However, going forward, the new rules and
standards will need to be met when the regulatory amendments come
into effect. There are special transition rules for projects that
will be underway but will not have reached the stage of RSC filing
by July 1, 2011. For such projects, an owner can submit a notice to
the MOE (with specified certifications) and receive an 18-month
extension (until January 1, 2013) to file a RSC that meets the
current soil, groundwater and sediment standards. In practice,
however, the new standards will likely be used in commercial
transactions prior to the date they are required to be used
pursuant to the regulatory amendments.
A more detailed overview of the amendments to O. Reg. 153/04,
with links to the new soil and groundwater standards and to
documents outlining the process and model for modified generic risk
assessments, is available on the Environmental
; EBR Registry Number 010-4642.
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.
The Imperial Oil refinery pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000...
Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
In June, 2016, Justice Faieta of the Ontario Superior Court of Justice awarded damages of $57,712.31 plus interest against legal counsel who failed to file a claim within the required limitation period.
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).