One question we get frequently is “What exactly is the difference between a Phase I under the CSA Standard(CSA Z768-01 (R2016)) and a Phase I for a Record of Site Condition (RSC)?” so we have put together a detailed comparison!

Purpose and Regulatory Context

CSA Z768-01 Phase I (R2016)

• A national voluntary standard developed by the Canadian Standards Association.
• Its purpose is to identify actual and potential contamination for due diligence, real estate transactions, financing, and/or risk management.
• It is not tied to any specific provincial regulation and does not result in any statutory approval.
• Typically used for private or corporate environmental due diligence.

O. Reg. 153/04 Phase I (RSC Standard)

• A provincial regulation under Ontario’s Environmental Protection Act (EPA) that governs Records of Site Condition (RSCs).
• The RSC process is legally binding and required when changing a property’s use to a more sensitive category (e.g., industrial → residential).
• The Phase I ESA under this regulation is a mandatory, prescriptive process intended to support filing of an RSC with the Ministry of the Environment, Conservation and Parks (MECP).
• Must be performed or supervised by a Qualified Person (QP) as defined in the Regulation (a licensed Professional Engineer or Geoscientist).

Qualified Person (QP ESA) Requirements

CSA Z768-01 Phase I (R2016)

• Must be conducted by an “Environmental Professional”, defined as someone with the appropriate education, training, and experience to conduct the assessment.
• No licensing or provincial registration required.

O. Reg. 153/04 Phase I (RSC Standard)

• Must be conducted by or under the supervision of a QP (ESA) as defined by O. Reg. 153/04, s. 5–7.
• QP must hold a valid P.Eng. or P.Geo. designation in Ontario and carry appropriate liability insurance.
• The QP must certify the ESA and take legal responsibility for its content.

Scope and Content Requirements

CSA Z768-01 Phase I (R2016)

• Focuses on identifying Actual or Potential Environmental Concerns (APECs) and Areas of Potential Environmental Concern (APECs) based on:
  • Historical records review
  • Site reconnaissance
  • Interviews
  • Evaluation and reporting
• The scope can be modified based on client needs or property type.
• Provides flexibility in interpretation and reporting.

O. Reg. 153/04 Phase I (RSC Standard)

• Heavily prescriptive; defined in O. Reg. 153/04, Part VII and Schedule D.
• Requires:
  • Detailed records review (chain of title, aerials, topographic maps, waste generators, etc.)
  • Mandatory interviews with owners, occupants, and key persons
  • Comprehensive site reconnaissance, including subsurface structures and utilities
  • Evaluation of Potentially Contaminating Activities (PCAs) from Table 2 of Schedule D
  • Mapping and tabulation of Areas of Potential Environmental Concern (APECs)
  • Documentation of current and past property uses for both the Phase I Property and surrounding lands
• Cannot deviate from the regulatory format if the report is intended for RSC filing.
• Strict report formatting and QP certification statements are required.

Standards for Review and Data Sources

CSA Z768-01 Phase I (R2016)

• The review may include any available sources deemed relevant, such as aerial photos, title records, directories, or interviews.
• The number and types of records are at the discretion of the assessor.

O. Reg. 153/04 Phase I (RSC Standard)

• Specifies mandatory sources that must be reviewed, such as:
  • Land title abstract
  • MECP and municipal environmental databases
  • Waste generator and receiver lists
  • Historical topographic and fire insurance maps
  • City directories (multiple years)
  • Chain of title for at least 25 years
  • Environmental reports for adjoining properties (if available)
• All sources consulted must be listed in the report, along with their dates and findings.

Definition and Evaluation of Contamination Potential

CSA Z768-01 Phase I (R2016)

• Uses the term “Actual or Potential Environmental Concern” (APEC) — defined more generally.
• Allows professional judgment and site context to guide whether an APEC exists.

O. Reg. 153/04 Phase I (RSC Standard)

• Requires identification of Potentially Contaminating Activities (PCAs) from Table 2 of Schedule D and their resulting APECs.
• The QP must explicitly connect PCAs to APECs and map them spatially.
• The framework is rigidly structured to determine whether a Phase II ESA is required.

Format, Certification, and Submission

CSA Z768-01 Phase I (R2016)

• Final report format is flexible — typically includes executive summary, site description, historical use summary, findings, and conclusions.
• No formal submission to a regulator.
• Can be issued in digital or printed format directly to the client.

O. Reg. 153/04 Phase I (RSC Standard)

• Strictly defined report structure under Schedule D.
• Must include a QP Declaration and Owner’s Acknowledgment.
• Accompanies a Phase II ESA (if needed) and other documentation (survey plans, property information forms) for RSC submission.
• Must be electronically filed with MECP via the Environmental Site Registry.

Validity Period

CSA Z768-01 Phase I (R2016)

• Generally considered valid for 6–12 months depending on client or lender requirements.
• Can be updated by the consultant if site conditions have not changed.

O. Reg. 153/04 Phase I (RSC Standard)

• Valid for 18 months from the date of the last component completed (records review, interviews, or site visit) under O. Reg. 153/04 s. 28.
• If more than 18 months old, it must be updated before use in an RSC filing.

Outcome and Next Steps

CSA Z768-01 Phase I (R2016)

• Identifies potential environmental concerns; may recommend:
  • No further work
  • Additional investigation (Phase II ESA)
• The decision is advisory and non-binding.

O. Reg. 153/04 Phase I (RSC Standard)

• A formal triggering document in the RSC process.
• If any APECs are identified, a Phase II ESA must be performed before the RSC can be filed.
• The QP’s findings directly affect the legal eligibility of the site for a Record of Site Condition.

Legal and Liability Implications

CSA Z768-01 Phase I (R2016)

• Used primarily for business and financial risk management.
• Legal exposure is contractual between consultant and client.
• Does not provide statutory protection from environmental liability.

O. Reg. 153/04 Phase I (RSC Standard)

• Filing a compliant RSC provides statutory protection under the Ontario EPA, limiting future environmental orders against the property owner for historical contamination.
• The QP and property owner assume legal accountability for the accuracy of the report and representations made to MECP.

Summary Table

If you have any questions related to the Environmental Site Assessment process, whether it is following the CSA standard or Ontario Regulation 153/04 for the purposes of a Record of Site Condition, reach out to IES today.