55.1
 55.1 Excess soil may be brought to an RSC property and may be finally placed at the RSC property if a qualified person ensures, in the course of the phase two environmental site assessment with respect to the RSC property, that the following conditions are satisfied: 1.  The RSC property must be the same as or within the phase two property. 2.  Unless a certificate of property use issued in respect of the property provides otherwise, i.  the requirements of Schedule E must be met with respect to excess soil brought to the phase two property, and ii.  the quality of the soil finally placed at the RSC property must be such that the concentration of contaminants in the soil does not exceed the applicable soil quality standards, as determined in accordance with the Excess Soil Standards. O. Reg. 407/19, s. 21. SCHEDULE A   RECORD OF SITE CONDITION Part I   interpretation and Application 1. (1) In this Schedule, “certification date”, in relation to a record of site condition, means the certification date applicable to the record of site condition; “RSC” means a record of site condition under Part XV.1 of the Act; “RSC property”, in relation to a record of site condition, means the property in respect of which the record of site condition is filed. (2) The certifications, information and documents required by this Schedule are in addition to the information required under section 168.4 of the Act. (3) For the purposes of this Schedule, when reference is made to information relevant to this RSC it includes reports prepared by or on behalf of any person, including a current or former owner of the property, containing information in respect of the environmental condition of all or part of a phase one or phase two property. (4) Without limiting the generality of subsection (3), information relevant to this RSC includes the following: 1.  Environmental site assessment reports. 2.  Remediation reports. 3.  Reports prepared in response to an order or request of the Ministry. 4.  Any other reports relating to the presence of a contaminant on, in or under the phase one property or the existence of an area of potential environmental concern. 2. The RSC and documents included in the RSC shall be submitted for filing in a form acceptable to the Director and the Director may require that the RSC and documents be submitted for filing in an acceptable electronic form. Part II   Owner’s obligations 3. This Part applies to every RSC that is submitted for filing in respect of a property. 4. (1) The person who is submitting the RSC for filing in respect of the property shall ensure that the RSC contains the following information: 1.  The name, mailing address, postal code and telephone number of the owner of the RSC property who is submitting the RSC for filing or is authorizing the submission of the RSC for filing. 2.  The e-mail address and fax number, if any, of the owner of the RSC property who is submitting the RSC for filing or who is authorizing that another person submit the RSC for filing. 3.  If the owner is a firm, company or partnership, the name of the person who is authorizing the filing on behalf of the firm, company or partnership. 4.  The name and mailing address of any other current owner of the RSC property and, if the other owner is a firm, company or partnership, the name of a contact person for the other owner. 4.1  For the RSC property, i.  a legal description of the property and a list of its owners and a description of the nature of their interest and any municipal address, assessment roll number and property identifier number applicable to the property, prepared by a lawyer after reviewing a current plan of survey of the property that has been prepared, signed and sealed by a surveyor and all other necessary documents, and ii.  geographic coordinates of the centroid of the property measured using a Global Positioning System receiver and projected on the UTM grid coordinate system identifying easting, northing and zone based on NAD 83 datum. 4.2  Whether there are one or more properties at or below the ground surface that are above or below the RSC property and the property identification numbers, if any, of those properties. 5.  The current type of use of the property and, if the owner intends to change the type of use of the property, the proposed type of use. 6.  An indication of whether a certificate of property use has been issued under section 168.6 of the Act for the RSC property and if so, the certificate of property use number. (2) Despite paragraph 4.1 of subsection (1), where the RSC property consists of land that is administered by the Ministry of Natural Resources under the Public Lands Act, a description approved by the Surveyor General may be used instead of a plan of survey. 5. (1) The person who is submitting the RSC for filing in respect of the property shall ensure that the following documents are contained in the RSC: 1.  If the owner is a corporation, other than a municipal corporation that is a beneficial owner, a copy of the Certificate of Status in the case of a corporation incorporated or continued under the Business Corporations Act or an equivalent document in the case of any other corporation.  The Certificate of Status or other document must be dated no earlier than one month before the RSC is submitted for filing. 2.  If the owner is an entity other than a corporation or an individual, a copy of a document that is equivalent to the documents referred to in paragraph 1, dated no earlier than one month before the date on which the RSC is submitted for filing. 3.  If the owner has authorized an agent to make the statements required under subsection 6 (1) on their behalf, proof in a form approved by the Director of the owner’s authorization to make the statements and to sign the RSC on the owner’s behalf. 4.  Revoked:  O. Reg. 511/09, s. 28 (8). 5.  If the owner is a receiver, proof of appointment as receiver, including any order, or proof that the receiver has taken possession or control of the property. 6.  If the owner is not a receiver, a copy of any deed, transfer or other document by which the RSC property was in whole or part acquired by the owner, as determined by the lawyer providing the legal description required by paragraph 4.1 of subsection 4 (1), even if the deed, transfer or other document includes other property in addition to the RSC property. 7.  A copy of a current plan of survey, prepared, signed and sealed by a surveyor showing, i.  the RSC property, ii.  any RA property within which the RSC property is located, and iii.  the phase one property and any phase two property within which the RSC property is located. 8.  Revoked:  O. Reg. 511/09, s. 28 (9). (2) Revoked: O. Reg. 407/19, s. 22 (2). (3) Paragraphs 1 and 2 of subsection (1) do not apply if the beneficial owner of the RSC property is the Queen in right of Ontario or in right of Canada. (4) Paragraph 7 of subsection (1) does not apply where the RSC property consists of land that is administered by the Ministry of Natural Resources under the Public Lands Act, but a description approved by the Surveyor General showing the RSC property, any RA property within which the RSC property is located and the phase one property and any phase two property within which the RSC property is located shall be contained in the RSC. 6. (1) The person who is submitting the RSC for filing shall ensure that the owner of the RSC property or their agent signs and dates the RSC and makes the following statements in the RSC, in the language set out in this section, in relation to the part of the RSC that includes the information and statements required by this Part: 1.  I acknowledge that the RSC will be submitted for filing in the Environmental Site Registry, that records of site condition that are filed in the Registry are available for examination by the public and that the Registry contains a notice advising users of the Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Registry. 2.  I have conducted reasonable inquiries to obtain all information relevant to this RSC, including information from the other current owners of the RSC property named in this part of the RSC and I have obtained all information relevant to this RSC of which I am aware. 3.  I have disclosed all information referred to in paragraph 2 to any qualified person named in this RSC. 4.  To my knowledge, the statements made in this part of the RSC are true as of [insert date on which the owner or the owner’s agent signs the RSC]. 5.  I have ensured that access to the entire property, including the phase one property, any phase two property and the RSC property, has been afforded to the qualified person and to persons supervised by the qualified person, for purposes of conducting the site reconnaissance. (2) If an agent makes the certifications on behalf of the owner under subsections (1), the agent shall make the following statement, using the language set out in this subsection: I certify that I have been authorized by the owner of the RSC property to make the statements prescribed by this section on their behalf and that the owner of the RSC property has read and understands the statements being made on their behalf. Part III   no phase two esa conducted 7. This Part applies to a RSC submitted for filing in respect of a property if a phase two environmental site assessment was not conducted for the property. 8. A qualified person shall complete, sign and date the part of the RSC that includes the information, certifications and statements required by this Part. 9. The qualified person shall provide in the RSC the following information: 1.  Their name, mailing address, telephone number, e-mail address and fax number. 2.  The name of the local municipality and of any upper-tier municipality in which the property is located. 10. The qualified person shall certify, in the language set out in this section, the following in the RSC: 1.  A phase one environmental site assessment of the RSC property, which includes the evaluation of the information gathered from a records review, site reconnaissance, interviews, a report and any updates as required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. 2.  As of [insert the certification date], no phase two environmental site assessment is required by the regulation for the RSC property and based on the phase one environmental site assessment for the RSC property, in my opinion, it is not necessary for any other reason to conduct a phase two environmental site assessment for the RSC property. 3.  As of [insert the certification date], in my opinion, based on the phase one environmental site assessment, there is no evidence of any contaminants in the soil, ground water or sediment on, in or under the RSC property that, if the RSC property were put to any of the types of property uses listed in subsection 1 (2) of the regulation, are likely to  interfere with any of those types of property uses. 11. The qualified person shall provide in the RSC the following information and documents: 1.  The total area of the RSC property in hectares. 2.  The title, author and date of the document used as the phase one environmental site assessment report in submitting the record of site condition for filing. 3.  The RSC number of any previous RSC that has been filed in the Registry, if the previous RSC applies to any part of the RSC property. 4.  The transition notice number of any previous transition notice that has been filed in the Registry, if the previous transition notice applies to any part of the RSC property. 5.  A list of reports or other documents, other than the documents referred to in paragraph 2, setting out title, author and date, relied upon in certifying the information set out in section 10 or otherwise used in conducting the phase one environmental site assessment. 6.  The table of current and past uses of the phase one property prepared during the phase one environmental site assessment. 7.  The phase one conceptual site model prepared during the phase one environmental site assessment. 8.  The date of the last work done on the records review, interviews and site reconnaissance components of the phase one environmental site assessment. 9.  The document prepared pursuant to subsection 55 (3) of the regulation, if section 55 of the regulation applies to the RSC. 12. The qualified person shall, in the RSC, make, using the language set out in this section, the following statements in relation to the part of the RSC that includes the information, certifications and statements required by this Part: 1.  I am a qualified person and have the qualifications required by section 5 of the regulation. 2.  I have in place an insurance policy that satisfies the requirements of section 7 of the regulation. 3.  I acknowledge that the RSC will be submitted for filing in the Environmental Site Registry, that records of site condition that are filed in the Registry are available for examination by the public and that the Registry contains a notice advising users of the Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Registry. 4.  The opinions expressed in this RSC are engineering or scientific opinions made in accordance with generally accepted principles and practices as recognized by members of the environmental engineering or science profession or discipline practising at the same time and in the same or similar location. 4.1  I do not hold and have not held and my employer, if any, does not hold and has not held a direct or indirect interest in the RSC property or any property which includes the RSC property and was the subject of a phase one or two environmental site assessment or risk assessment upon which this record of site condition is based. 5.  To the best of my knowledge, the certifications and statements in this part of the RSC are true as of [insert certification date]. 6.  By signing this RSC, I make no express or implied warranties or guarantees. Part IV   phase two esa conducted General 13. This Part applies to a RSC submitted for filing in respect of a property if a phase two environmental site assessment was conducted for the property. 14. A qualified person shall complete, sign and date the part of the RSC that includes the information, certifications and statements required by this Part. 15. The qualified person shall provide in the RSC the following information and documents: 1.  The name, mailing address, telephone number, e-mail address and fax number of the qualified person. 2.  The date of the last work done on the planning of the site investigation, conducting the site investigation and reviewing and evaluating the information gathered through the site investigation components of the phase two environmental site assessment. 3.  The table of current and past uses of the phase one property prepared during the phase one environmental site assessment. 4.  The phase two conceptual site model prepared during the phase two environmental site assessment. 5.  The name of the laboratory used to analyze any samples collected of soil, ground water or sediment on, in or under the RSC property. Environmental Site Assessments and Risk Assessments 16. (1) The qualified person shall certify, in the language set out in paragraph 1, the following in the RSC: 1.  A phase one environmental site assessment of the RSC property, which includes the evaluation of the information gathered from a records review, site reconnaissance, interviews, a report and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. (2) Revoked:  O. Reg. 511/09, s. 28 (24). 17. The qualified person shall certify, in the language set out in this subsection, the following in the RSC: 1.  A phase two environmental site assessment of the RSC property, which includes the evaluation of the information gathered from planning and conducting a site investigation, a report, and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. 2.  The information represents the site conditions at the sampling points at the time of sampling only and the conditions between and beyond the sampling points may vary. 3.  As of [insert certification date], in my opinion, based on the phase one environmental site assessment and the phase two environmental site assessment, and any confirmatory sampling, there is no evidence of any contaminants in the soil, ground water or sediment on, in or under the RSC property that would interfere with the type of property use to which the RSC property will be put, as specified in the RSC. 18. The qualified person shall provide in the RSC information and documents in respect of, (a)  the total area of the RSC property in hectares; (b)  Revoked:  O. Reg. 511/09, s. 28 (27). (c)  the RSC number of any previous RSC that has been filed in the Registry, if the previous RSC applies to any part of the RSC property; (d)  the transition notice number of any previous transition notice that has been filed in the Registry, if the previous transition notice applies to any part of the RSC property; (e)  if a risk assessment has been accepted by the Director in relation to the RSC property under section 168.5 of the Act, the identification number of the risk assessment and, if a non-standard delineation was conducted in accordance with section 7.1 of Schedule E as part of the phase two environmental site assessment, an indication that such a non-standard delineation was conducted. (f)  if a risk assessment has been conducted in relation to the RSC property, an indication of whether the risk assessment was a site specific risk assessment completed and approved in accordance with the Cleanup Guideline 1996. Site Condition Standards 19. (1) The qualified person shall make a statement in the RSC as to which of the site condition standards has been applied to the RSC property and shall specify in the statement whether potable ground water site condition standards or non-potable site condition standards were applied to the RSC property. (2) If non-potable ground water standards prescribed under section 37 or 39 of the regulation have been applied, the qualified person shall certify, in the language set out in this subsection, the following: 1.  The RSC property and all other properties located, in whole or in part, within 250 metres of the boundary of the property are supplied by a municipal drinking water system, as defined in the
Safe Drinking Water Act, 2002. 2.  One of the following certifications, as the case may be: i.  The RSC property is located in an area designated in a municipal official plan as a well-head protection area or other designation identified in a municipal official plan for the protection of ground water and I have, or the owner of the property, or a person authorized by the owner of the property, has, A.  received a written consent from the municipality referred to in subsection 35 (3) of the regulation for the use of site condition standards in a non-potable groundwater condition, and B.  not received notice from the municipality that the consent has been withdrawn. ii.  The property, or one of the properties in the phase one study area, has a well used or intended for use as a source of water for human consumption or agriculture and I have, or the owner of the property, or a person authorized by the owner of the property, has, A.  received a written consent from the municipality referred to in subsection 35 (3) of the regulation for the use of site condition standards in a non-potable groundwater condition, and B.  not received notice from the municipality that the consent has been withdrawn. iii.  The RSC property is not located in an area mentioned in subparagraph i and I have or the owner of the property or a person authorized by the owner of the property has, within the year immediately before the submission of this record of site condition, given written notice of intention to apply non-potable ground water site condition standards to the clerk of the municipality mentioned in subsection 35 (3) of the regulation. 3.  If a notice described in subparagraph 2 iii was given, one of the following certifications, as the case may be: i.  The owner of the property has informed me that no notice of objection was received within 30 days after receiving the notice described in subparagraph 2 iii, nor have I received such a notice. ii.  I or the owner of the property received a notice of objection but it was subsequently withdrawn. (3) If non-potable ground water standards prescribed under section 37 or 39 of the regulation have been applied and any of the following documents were prepared as described in subsection (2), the qualified person shall attach them to the RSC: 1.  A written consent mentioned in subparagraph 2 i or ii of subsection (2). 2.  A written notice mentioned in subparagraph 2 iii of subsection (2). 3.  A written notice of the withdrawal of an objection under subparagraph 3 ii of subsection (2). Ground Water Sampling 20. (1) Where ground water sampling at the RSC property is required, the qualified person shall certify in the RSC, in the language set out in this subsection, the following in relation to the RSC property: 1.  Ground water sampling has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. (2) Where ground water sampling at the RSC property is not required, the qualified person shall make a statement in the RSC as to whether ground water sampling has been carried out at the RSC property and, if not, the qualified person shall certify, in the language set out in this subsection, the following: 1.  As of [insert certification date], in my opinion, based on the phase one and phase two environmental site assessments, and any confirmatory sampling, which included the sampling and analysis of soil, it is not necessary to conduct sampling and analysis of ground water quality for the RSC property to make the certified statement set out in paragraph 3 of section 17 of Schedule A. Full Depth Background Site Condition Standards 21. (1) The qualified person shall certify in the RSC, in the language set out in this subsection, the following in relation to the RSC property, if the full depth background site condition standards prescribed by section 34 of the regulation were applied to the RSC property: 1.  As of [insert certification date], in my opinion, based on the phase one and phase two environmental site assessments and any confirmatory sampling, the RSC property meets the applicable full depth background site condition standards prescribed by section 34 of the regulation for all contaminants prescribed by the regulation in relation to the type of property use for which this RSC is filed, except for those contaminants (if any) specified in this RSC at [insert Table number]. 2.  As of [insert certification date], the maximum known concentration of each contaminant in soil, sediment and ground water at the RSC property for which sampling and analysis has been performed is specified in this RSC at [insert Table number]. (2) In addition to the information certified under subsection (1), the qualified person shall certify, in the language set out in this subsection, the following in the RSC, if there is any contaminant excepted from the certification mentioned in paragraph 1 of subsection (1) or if there is any other contaminant that in the opinion of the qualified person is likely to cause an adverse effect: 1.  A risk assessment was prepared for the contaminant with respect to the property for which the phase two environmental site assessment was conducted. 2.  The Director has accepted the risk assessment under clause 168.5 (1) (a) of the Act. 3.  As of [insert 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. Full Depth Generic Site Condition Standards, Potable Ground Water 22. (1) If the full depth generic site condition standards prescribed by section 36 of the regulation were applied to the RSC property, the qualified person shall certify in the RSC, in the language set out in this subsection, the following in relation to the RSC property: 1.  As of [insert certification date], in my opinion, based on the phase one and phase two environmental site assessments and any confirmatory sampling, the RSC property meets the applicable full depth generic site condition standards prescribed by section 36 of the regulation for all contaminants prescribed by the regulation in relation to the type of property use for which this RSC is filed, except for those contaminants (if any) specified in this RSC at [insert Table number]. 2.  As of [insert certification date], the maximum known concentration of each contaminant in soil, sediment and ground water at the RSC property for which sampling and analysis has been performed is specified in this RSC at [insert Table number]. (2) In addition to the information certified under subsection (1), the qualified person shall certify, in the language set out in this subsection, the following in the RSC, if there is any contaminant excepted from the certification mentioned in paragraph 1 of subsection (1) or if there is any other contaminant that in the opinion of the qualified person is likely to cause an adverse effect: 1.  A risk assessment was prepared for the contaminant with respect to the property for which the phase two environmental site assessment was conducted. 2.  The Director has accepted the risk assessment under clause 168.5 (1) (a) of the Act. 3.  As of [insert 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. Full Depth Generic Site Condition Standards, Non-Potable Ground Water 23. (1) If the full depth generic site condition standards prescribed by section 37 of the regulation were applied to the RSC property, the qualified person shall certify in the RSC, in the language set out in this subsection, the following in relation to the RSC property: 1.  As of [insert certification date], in my opinion, based on the phase one and phase  two environmental site assessments and any confirmatory sampling, the RSC property meets the applicable full depth generic site condition standards prescribed by section 37 of the regulation for all contaminants prescribed by the regulation in relation to the type of property use for which this RSC is filed, except for those contaminants (if any) specified in this RSC at [insert Table number]. 2.  As of [insert certification date], the maximum known concentration of each contaminant in soil, sediment and ground water at the RSC property for which sampling and analysis has been performed is specified in this RSC at [insert Table number]. (2) In addition to the information certified under subsection (1), the qualified person shall certify, in the language set out in this subsection, the following in the RSC, if there is any contaminant excepted from the certification mentioned in paragraph 1 of subsection (1) or if there is any other contaminant that in the opinion of the qualified person is likely to cause an adverse effect: 1.  A risk assessment was prepared for the contaminant with respect to the property for which the phase two environmental site assessment was conducted. 2.  The Director has accepted the risk assessment under clause 168.5 (1) (a) of the Act. 3.  As of [insert 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. Stratified Site Condition Standards, Potable Ground Water 24. (1) If the stratified site condition standards prescribed by section 38 of the regulation were applied to the RSC property, the qualified person shall certify in the RSC, in the language set out in this subsection, the following in relation to the RSC property: 1.  As of [insert certification date], in my opinion, based on the phase one and phase two environmental site assessments and any confirmatory sampling, the RSC property meets the applicable stratified site condition standards prescribed by section 38 of the regulation for all contaminants prescribed by the regulation in relation to the type of property use for which this RSC is filed, except for those contaminants (if any) specified in this RSC at [insert Table number]. 2.  As of [insert certification date], the maximum known concentration of each contaminant in soil, sediment and ground water at the RSC property for which sampling and analysis has been performed is specified in this RSC at [insert Table number]. (2) In addition to the information certified under subsection (1), the qualified person shall certify, in the language set out in this subsection, the following in the RSC, if there is any contaminant excepted from the certification mentioned in paragraph 1 of subsection (1) or if there is any other contaminant that in the opinion of the qualified person is likely to cause an adverse effect: 1.  A risk assessment was prepared for the contaminant with respect to the property for which the phase two environmental site assessment was conducted. 2.  The Director has accepted the risk assessment under clause 168.5 (1) (a) of the Act. 3.  As of [insert 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. Stratified Site Condition Standards, Non-Potable Ground Water 25. (1) If the stratified site condition standards prescribed by section 39 of the regulation were applied to the RSC property, the qualified person shall certify in the RSC, in the language set out in this subsection, the following in relation to the RSC property: 1.  As of [insert certification date], in my opinion, based on the phase one and phase two environmental site assessments and any confirmatory sampling, the RSC property meets the applicable stratified site condition standards prescribed by section 39 of the regulation for all contaminants prescribed by the regulation in relation to the type of property use for which this RSC is filed, except for those contaminants (if any) specified in this RSC at [insert Table number]. 2.  As of [insert certification date], the maximum known concentration of each contaminant in soil, sediment and ground water at the RSC property for which sampling and analysis has been performed is specified in this RSC at [insert Table number]. (2) In addition to the information certified under subsection (1), the qualified person shall certify, in the language set out in this subsection, the following in the RSC, if there is any contaminant excepted from the certification mentioned in paragraph 1 of subsection (1) or if there is any other contaminant that in the opinion of the qualified person is likely to cause an adverse effect: 1.  A risk assessment was prepared for the contaminant with respect to the property for which the phase two environmental site assessment was conducted. 2.  The Director has accepted the risk assessment under clause 168.5 (1) (a) of the Act. 3.  As of [insert 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. Reports and Other Documents 26. The qualified person shall provide the following: 1.  The title, author and date of the document used as the phase two environmental site assessment report in submitting the record of site condition for filing. 2.  A list of reports or other documents, other than the document referred to in paragraph 1, setting out title, author and date, relied upon in making any certifications in the RSC for the purposes of this Part or otherwise used in conducting the phase two environmental site assessment. Remedial Action and Mitigation 27. The qualified person shall provide a description of any soil removals or other action taken to reduce the concentration of contaminants on, in or under the RSC property for the purposes of submitting the RSC for filing, in accordance with sections 28 to 34.2. 28. (1) The qualified person shall identify the estimated quantities of the soil, if any, originating at and remaining on the RSC property that have been remediated, at a location either on or off the property, to reduce the concentration of contaminants in the soil. (2) The qualified person shall report estimated soil quantities as measured in, or equivalent to, in-ground volume in cubic metres. (3) In identifying the quantities of any soil for the purposes of subsection (1), the qualified person shall indicate the remediation process or processes used and the estimated amount of soil remediated by each identified process. 29. (1) The qualified person shall identify the estimated quantities of soil or sediment, if any, removed from and not returned to the RSC property. (2) The qualified person shall report the estimated soil and sediment quantities as measured in, or equivalent to, the in-ground volume in cubic metres. 30. (1) The qualified person shall identify the estimated quantity of any excess soil being deposited at the RSC property. (2) The qualified person shall report the estimated soil quantity as measured in, or equivalent to, the in-ground volume in cubic metres. 31. The qualified person shall identify and describe any ground water control or treatment measures that, (a)  were required for the RSC property prior to the certification date for the purpose of submitting the RSC for filing; or (b)  are or will be required for the RSC property after the certification date. 32. The qualified person shall identify the estimated volume in litres of ground water, if any, removed from and not returned to the RSC property. 33. Revoked:  O. Reg. 179/11, s. 5. 34. Other than the activities identified in sections 28 to 33, the qualified person shall identify any constructed works that, (a)  prior to the certification date for the purpose of submitting the RSC for filing, were required to control or otherwise mitigate the release or movement of known existing contaminants at the RSC property; or (b)  after the certification date, are required to control or otherwise mitigate the release or movement of known existing contaminants at the RSC property. 34.1 (1) The qualified person shall indicate whether there are any monitoring requirements or any requirements for care, maintenance or replacement of any monitoring or control works for known existing contaminants, if any, on the RSC property, after the certification date. (2) A qualified person who indicates that there are monitoring requirements or requirements for care, maintenance or replacement of any monitoring or control works shall indicate whether those requirements are ground water management measures or soil management measures. 34.2 The qualified person shall indicate if any soil, sediment or ground water at the RSC property that is or was located within 3 metres of the RSC property boundary has been remediated or removed for the purpose of remediation. Covering Statements 35. The qualified person shall make the following statements in the RSC, using the language set out in this section, in relation to the part of the RSC that includes the information, certifications and statements required by this Part: 1.  I am a qualified person, as defined in section 168.1 of the Act and have the qualifications required by section 5 of the regulation. 2.  I have in place an insurance policy that satisfies the requirements of section 7 of the regulation 3.  I acknowledge the RSC will be submitted for filing in the Environmental Site Registry, that records of site condition that are filed in the Registry are available for examination by the public and that the Registry contains a notice advising users of the Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Registry. 4.  The opinions expressed in this RSC are engineering or scientific opinions made in accordance with generally accepted principles and practices as recognized by members of the environmental engineering or science profession or discipline practising at the same time and in the same or similar location. 4.1  I do not hold and have not held [add, where the qualified person is employed – and my employer does not hold and has not held] a direct or indirect interest in the RSC property or any property which includes the RSC property and was the subject of a phase one or two environmental site assessment or risk assessment upon which this record of site condition is based. 5.  To the best of my knowledge, the certifications and statements in this part of the RSC are true as of [insert certification date]. 6.  By signing this RSC, I make no express or implied warranties or guarantees. O. Reg. 153/04, Sched. A; O. Reg. 366/05, s. 4; O. Reg. 511/09, s. 28; O. Reg. 245/10, s. 2; O. Reg. 179/11, s. 5; O. Reg. 407/19, s. 22. Schedule B Revoked: O. Reg. 407/19, s. 23. SCHEDULE C   RISK ASSESSMENTS Part I   Mandatory Requirements