22.
 22. (1) In Parts VII and VIII and Schedules D and E, “all reasonable inquiries” means review of current and historical sources of reasonably accessible information about a property to determine uses and occupancies of the property since the property’s first developed use; “building” means a building as defined in subsection 1 (1) of the Building Code Act, 1992; “contaminant of potential concern” includes a contaminant identified as potentially present on, in or under a phase one property in a phase one environmental site assessment report; “enhanced investigation property” means a property that is being used or has been used, in whole or in part, in a manner described in clause 32 (1) (b) to which subsection 32 (2) does not apply; “first developed use” means the earlier of, (a)  the first use of a phase one property in or after 1875 that resulted in the development of a building or structure on the property, and (b)  the first potentially contaminating use or activity on the phase one property; “monitoring well” means a well that is a test hole as defined in Regulation 903 of the Revised Regulations of Ontario 1990 (Wells) made under the Ontario Water Resources Act; “PCB” means PCB as defined in Regulation 362 of the Revised Regulations of Ontario, 1990 (Waste Management — PCB’s) made under the Act; “PCB waste” means PCB waste as defined in Regulation 362 of the Revised Regulations of Ontario, 1990 (Waste Management — PCB’s) made under the Act; “record”, when used as a noun, has the same meaning as “document” in subsection 1 (1) of the Act; “site”, when used in the phrase “site reconnaissance” means phase one study area; “spill” means spill as defined in subsection 91 (1) of the Act, other than a spill of a pollutant comprised solely of odour; “test hole” means a test hole as defined in Regulation 903 of the Revised Regulations of Ontario 1990 (Wells) made under the Ontario Water Resources Act; “waste” means waste as defined in section 25 of the Act; “waste generator” means a generator as defined in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act; “waste receiver” means a receiver as defined in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act.  O. Reg. 511/09, s. 14. (2) For purposes of Parts VII and VIII and Schedules D and E, information is reasonably accessible if, (a)  the information is provided by an owner of a phase one property or other person to a qualified person or someone supervised by a qualified person; (b)  subject to subsection (3), the information is relevant to the environmental condition of a phase one property, including the objectives and requirements of a phase one environmental site assessment or phase two environmental site assessment of the property, and the information is within the possession or control of any of the owners of the property or any other person funding the phase one environmental site assessment; (c)  the information is publicly available; or (d)  the information is available from government sources through access to information legislation.  O. Reg. 511/09, s. 14. (3) For the purposes of clause (2) (b), it is sufficient if an owner of the phase one property or any person funding the phase one environmental assessment provides a written statement to the qualified person, (a)  stating that the information referred to in clause (2) (b) has been provided to the qualified person or someone supervised by the qualified person in respect of the phase one environmental site assessment; (b)  detailing the information provided; (c)  providing details of any other information of which the owner or person is aware; and (d)  stating that all the information referred to in clause (c) of which the owner or person is aware has been included in the statement.  O. Reg. 511/09, s. 14. (4) The provisions of the
Ontario Water Resources Act and of Regulation 903 of the Revised Regulations of Ontario, 1990 (Wells) made under that Act, that would apply to a test hole but for section 1.1, and subsections 13 (2), 14.1 (2), 14.2 (3), 14.3 (2), 14.4 (4) and 14.5 (3) of that regulation, apply to a monitoring well installed for the purpose of, (a)  a phase one environmental site assessment; and (b)  a phase two environmental site assessment.  O. Reg. 511/09, s. 14.