- November 26, 2024
- Posted by: Chris Croft
- Categories: Excess Soils, News
Overview of Amendments to Reduce Records of Site Condition That Are Not Supporting Brownfields
The Ministry of Environment, Conservation and Parks (MECP) is proposing amendments to Ontario Regulation 153/04 (Records of Site Condition Regulation). These changes are intended to remove barriers to the redevelopment of brownfields and commercial properties for residential purposes.
These proposed regulatory amendments (ERO 019-9310) are linked to legislative amendments to the Environmental Protection Act (EPA) included in Bill 227, Cutting Red Tape, Building Ontario Act, 2024.
The proposal includes two key components:
Prohibiting the submission of certain RSCs in circumstances where they are deemed unnecessary
Some RSCs are submitted in scenarios where they are not legally required under the EPA or the RSC Regulation. Often, these are filed at the request of municipalities, lenders, or other stakeholders to address perceived risks or satisfy planning or financing conditions, even in the absence of contamination concerns.
To reduce unnecessary filings, the proposal introduces a prohibition on submitting RSCs that are not mandated by law and are solely based on Phase I ESAs (i.e., where no PCAs or APECs have been identified). An exception would allow property owners to voluntarily submit an RSC at their discretion, provided the requirement does not originate from another party. For example:
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Prohibited: A municipality requiring an RSC for site plan approval based solely on a Phase I ESA.
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Allowed: A property owner voluntarily filing an RSC for reasons such as liability protection or a property transaction.
Expanding the exemption criteria for RSC requirements when converting commercial or community-use buildings to mixed-use properties with residential components
Currently, the RSC Regulation provides an exemption for RSC filing when converting existing commercial or community-use buildings to mixed-use (commercial and residential) properties, subject to strict criteria:
- The building is no more than six storeys.
- Residential or institutional uses are limited to floors above the ground level.
- The property has no history of industrial use, garages, bulk liquid dispensing, or dry-cleaning operations.
- No changes are made to the building’s exterior or footprint.
The MECP proposes modifications to these restrictions to facilitate greater flexibility:
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Building Height: The six-storey limit would be removed, allowing taller buildings (e.g., office towers) to qualify for the exemption.
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Building Modifications: Minor external changes, such as additions to upper floors or structures for safety and accessibility on the ground floor (e.g., ramps or porticos), would be allowed under the exemption.
All other conditions designed to mitigate risks associated with potential contamination, such as prohibiting properties with a history of industrial use, would remain unchanged.
Implementation Timeline
The comment period is between November 20, 2024 – January 10, 2025.
If approved, these changes would take effect immediately after the regulations are finalized.
They are expected to streamline redevelopment processes, encourage adaptive reuse of existing properties, and reduce unnecessary costs and delays while upholding environmental and health standards.
If you have any questions or need further information, please don’t hesitate to reach out to us. We’re here to help!
