PART XV.1 RECORDS OF SITE CONDITION
Submission for filing, record of site condition
168.4 (1) An owner of a property may submit for filing in the Registry a record of site condition in respect of the property if all of the following criteria are satisfied: 1. A qualified person has certified in the record of site condition that a phase one environmental site assessment of the property has been conducted. 2. A qualified person has certified in the record of site condition that, i. a phase two environmental site assessment of all or part of the property was conducted with respect to one or more contaminants, or ii. as of the certification date, no phase two environmental site assessment is required by the regulations for any part of the property and, in the opinion of the qualified person, it is not necessary for any other reason to conduct a phase two environmental site assessment for any part of the property. 3. If a phase two environmental site assessment was conducted but for only part of the property, a qualified person has certified in the record of site condition that, as of the certification date, i. no phase two environmental site assessment was required by the regulations for any other part of the property, and ii. in the opinion of the qualified person, it was not necessary for any other reason to conduct a phase two environmental site assessment for any other part of the property. 4. If a phase two environmental site assessment was conducted for all or part of the property, a qualified person has certified in the record of site condition that, i. as of the certification date, the property for which the phase two environmental site assessment was conducted meets, A. the applicable full depth background site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person, B. the applicable full depth generic site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person, or C. the applicable stratified site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person, and ii. for each contaminant excepted by the qualified person from the certification under subparagraph i, A. a risk assessment was prepared for the contaminant with respect to the property for which the phase two environmental site assessment was conducted, B. the Director has accepted the risk assessment under clause 168.5 (1) (a), and C. as of the certification date, the property for which the phase two environmental site assessment was conducted meets the standards specified in the risk assessment for the contaminant. 5. The record of site condition contains everything required by subsection (2) and has been completed in accordance with the regulations.  2001, c. 17, s. 2 (36); 2007, c. 7, Sched. 13, s. 6 (1). Contents of record of site condition (2) The person who submits for filing a record of site condition in respect of a property shall ensure that, in accordance with the regulations, the record of site condition contains the following: 1. A description of the property. 2. The name of the person submitting the record of site condition for filing and the names of any other owners of the property. 3. The type of property use to which the property for which the record of site condition is submitted for filing is to be put. 4. Which standards prescribed by the regulations were applied for the purpose of the record of site condition. 5. A description of any soil removals or other action taken to reduce the concentration of contaminants on, in or under the property. 6. For each contaminant for which sampling and analysis has been performed, the maximum known concentration of the contaminant on, in or under the property as of the certification date. 7. A statement indicating whether a certificate of property use has been issued in respect of the property. 8. A list of all reports relied on by qualified persons in making the certifications referred to in subsection (1). 9. Such other certifications, information and documents as are prescribed by the regulations.  2001, c. 17, s. 2 (36); 2007, c. 7, Sched. 13, s. 6 (2-5). Submitting a record of site condition (3) If a record of site condition is submitted for filing under this section in respect of a property, the Director shall, (a) give a notice of receipt to the owner who submitted the record of site condition, once the Director is satisfied that everything required by subsection (2) has been submitted for filing; and (b) within the time prescribed by the regulations from the date set out in the notice of receipt given under clause (a), give a notice or acknowledgement under subsection (3.1) to the owner who submitted the record of site condition.  2007, c. 7, Sched. 13, s. 6 (6). Same (3.1) The Director shall give one of the following to the person to whom the Director has given a notice of receipt under clause (3) (a): 1. Written notice that the record of site condition cannot be filed because it has not been completed in accordance with the regulations. 2. Written notice stating that the Director intends to conduct a review in relation to the record of site condition before the record of site condition can be filed in the Registry. 3. Written acknowledgement, specifying the date, that the record of site condition has been filed in the Registry.  2007, c. 7, Sched. 13, s. 6 (6). Notice that a record of site condition cannot be filed (3.2) A notice given under paragraph 1 of subsection (3.1) shall identify the manner in which the record of site condition has not been completed in accordance with the regulations.  2007, c. 7, Sched. 13, s. 6 (6). Notice after review relating to record of site condition (3.3) If a notice is given under paragraph 2 of subsection (3.1), after conducting the review, the Director shall, (a) give a notice to the owner indicating that a defect prescribed by the regulations has been found in relation to the record of site condition; or (b) give a written acknowledgment to the owner, specifying the date, that the record of site condition has been filed in the Registry.  2007, c. 7, Sched. 13, s. 6 (6). Correction of defect (3.4) If an owner to whom notice has been given under clause (3.3) (a), (a) submits for filing a new record of site condition in respect of the property under subsection (1); or (b) submits further information or documents to the Director in relation to the original record of site condition that was submitted under subsection (1), and the Director is satisfied that, as a result of the submission, there is no defect prescribed by the regulations in relation to the record of site condition, the Director shall give a written acknowledgment to the owner, specifying the date, that the record of site condition has been filed in the Registry.  2007, c. 7, Sched. 13, s. 6 (6). Date of filing (4) A record of site condition is deemed to have been filed in the Registry under this section on the date specified in the acknowledgement given by the Director under this section.  2007, c. 7, Sched. 13, s. 6 (7). Retention of reports (5) If a qualified person has relied on a report in making a certification referred to in subsection (1) or (2) in a record of site condition that has been filed under this section, the following persons shall retain a copy of the report for the period prescribed by the regulations: 1. The owner of the property who submitted the record of site condition for filing or who filed the record of site condition. 2. The qualified person who made the certification.  2007, c. 7, Sched. 13, s. 6 (8, 9). Transition (6) If, pursuant to the Ministry publication entitled “Guideline for Use at Contaminated Sites in Ontario”, originally dated June 1996 and later revised, a record of site condition in respect of a property was submitted to the Ministry before this section came into force, the owner of the property may, despite subsections (1) and (2), file the record of site condition in the Registry if both of the following criteria are satisfied: 1. The Ministry has acknowledged in writing receipt of the record of site condition. 2. The owner of the property files a notice in the Registry certifying that the requirements prescribed by the regulations have been complied with.  2001, c. 17, s. 2 (36). Same (7) If a record of site condition is filed in the Registry under subsection (6), (a) the notice referred to in paragraph 2 of subsection (6) shall be deemed to be part of the record of site condition; (b) the land use specified in the record of site condition shall be deemed to have been specified as the type of property use under paragraph 3 of subsection (2); and (c) the record of site condition shall be deemed to contain, (i) a certification under sub-subparagraph 4 i A of subsection (1), if the record of site condition indicates that a background assessment or restoration approach was used, (ii) a certification under sub-subparagraph 4 i B of subsection (1), if the record of site condition indicates that a generic full depth assessment or restoration approach was used, (iii) a certification under sub-subparagraph 4 i C of subsection (1), if the record of site condition indicates that a generic stratified assessment or restoration approach was used, or (iv) a certification under subparagraph 4 ii of subsection (1), if the record of site condition indicates that a site specific risk assessment approach was used.  2001, c. 17, s. 2 (36). Acknowledgment of filing (8) If a record of site condition is filed in the Registry under subsection (6), the Director shall promptly give the person who filed the record of site condition a written acknowledgment.  2007, c. 7, Sched. 13, s. 6 (10). Date of filing (9) A record of site condition that is filed in the Registry under subsection (6) shall be deemed to have been filed in the Registry on the date specified in the acknowledgment given under subsection (8).  2007, c. 7, Sched. 13, s. 6 (10). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004 2007, c. 7, Sched. 13, s. 6 (1-3, 5-10) - 01/07/2011; 2007, c. 7, Sched. 13, s. 6 (4) - 17/05/2007; 2007, c. 7, Sched. 13, s. 6 (11) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017