PART XV.1 RECORDS OF SITE CONDITION
Certificate of property use
168.6 (1) If a risk assessment relating to a property has been accepted under clause 168.5 (1) (a), the Director may issue a certificate of property use to the owner of the property, requiring the owner to do any of the following things: 1. Take any action that is specified in the certificate and that, in the Director’s opinion, is necessary to prevent, eliminate or ameliorate any adverse effect that has been identified in the risk assessment, including installing any equipment, monitoring any contaminant or recording or reporting information for that purpose. 2. Refrain from using the property for any use specified in the certificate or from constructing any building specified in the certificate on the property.  2001, c. 17, s. 2 (36); 2006, c. 19, Sched. K, s. 2 (5, 6); 2007, c. 7, Sched. 13, s  7. Restriction (2) A certificate of property use shall not require an owner of property to take any action that would have the effect of reducing the concentration of a contaminant on, in or under the property to a level below the level that is required to meet the standards specified for the contaminant in the risk assessment.  2001, c. 17, s. 2 (36). Revocation or amendment (3) The Director may, on his or her own initiative or on application by the owner of the property in respect of which a certificate has been issued under subsection (1), (a) alter any terms and conditions in the certificate or impose new terms and conditions; or (b) revoke the certificate.  2001, c. 17, s. 2 (36). Occupants (4) If a certificate of property use contains a provision requiring the owner of property to refrain from using the property for a specified use or from constructing a specified building on the property, (a) the owner of the property shall ensure that a copy of the provision is given to every occupant of the property; (b) the provision applies, with necessary modifications, to every occupant of the property who receives a copy of the provision; and (c) the owner of the property shall ensure that every occupant of the property complies with the provision.  2001, c. 17, s. 2 (36). Notice to prescribed persons (5) If a certificate of property use is issued, altered or revoked under this section, the Director shall give notice of the certificate, alteration or revocation to the persons prescribed by the regulations.  2001, c. 17, s. 2 (38). Prohibition on construction or use (6) Despite any other Act, if a certificate of property use contains a provision requiring the owner of property to refrain from using the property for a specified use or from constructing a specified building on the property, no permit, licence, approval or other instrument shall be issued to any person, under any provision prescribed by the regulations, that would authorize the person to use the property for the specified use, to construct the specified building or to construct a building that will be used for the specified use.  2001, c. 17, s. 2 (38). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004; 2001, c. 17, s. 2 (38)
- 01/10/2005 2006, c. 19, Sched. K, s. 2 (5, 6) - 22/06/2006 2007, c. 7, Sched. 13, s. 7 - 17/05/2007