The purpose of the policy proposal is to obtain public input into the development of plain language guidance relating to the completion of phase one and two ESAs that are prepared for the purpose of submitting and filing a RSC on the Environmental Site Registry under O. Reg. 153/04, Record of Site Condition.
Specifically, this guidance is being developed to assist in the implementation of amendments made to O. Reg. 153/04 on December 29, 2009 that were filed as part of O. Reg. 511/09. Amendments to O. Reg. 153/04 implement the legislative reforms passed in 2007 that address identified barriers to brownfield redevelopment. Brownfields are underdeveloped or previously developed properties that may be contaminated. They are usually, but not exclusively, former industrial or commercial properties. Most of the regulatory amendments come into effect on July 1, 2011.
The Ontario legislative framework for brownfields was established in 2001 through the Brownfields Statute Law Amendment Act, 2001. Legislative and regulatory amendments were made to a number of Acts, including the Environmental Protection Act (EPA), to facilitate brownfield redevelopment. Under the EPA and O. Reg. 153/04 (Records of Site Condition, Part XV.1 of the Act), a RSC must be filed whenever property use changes to a more sensitive use (e.g. industrial to residential).