47.
 47. (1) Where a qualified person takes a sample of sediment, soil or ground water from the land or water on, in or under a property for the purpose of analysing the sample for a contaminant as part of a phase one or phase two environmental site assessment or a risk assessment or for the purpose of indicating the maximum concentration of a contaminant on, in or under the property in a record of site condition, the qualified person shall ensure that, (a)  the samples are handled and stored in accordance with the Analytical Protocol; (b)  the collection and chain of custody of samples is carried out in accordance with the requirements in Part VIII and Schedule E; (c)  the analyses of the samples mentioned in clause (a) are carried out by a laboratory that, (i)  has been accredited in accordance with the International Standard ISO/IEC 17025 – General Requirement for the Competence of Testing and Calibration Laboratories, dated May 5, 2005, as amended from time to time, and (ii)  has been accredited in accordance with the standards, if standards for proficiency testing have been developed by the Standards Council of Canada, the Canadian Association for Laboratory Accreditation or another accreditation body accepted by the Director for a parameter set out in the Soil, Ground Water and Sediment Standards; (d)  the laboratory provides the certificate of analysis or analytical report referred to in subsection (2) prepared in accordance with the Analytical Protocol and the requirements of subsection (3); and (e)  the laboratory is not instructed to exclude, from an analytical report or certificate of analysis, any of the parameters which were analyzed.  O. Reg. 511/09, s. 22; O. Reg. 407/19, s. 18. (2) If a sample mentioned in subsection (1) is submitted by a qualified person to a laboratory for analysis for a contaminant, the laboratory shall, (a)  conduct the analysis for the contaminant in accordance with the Analytical Protocol; and (b)  give a certificate of analysis or analytical report to the qualified person that specifies the analytical method used for conducting the analysis for the contaminant.  O. Reg. 511/09, s. 22. (3) The certificate of analysis or analytical report referenced in clause (2) (b) shall contain a complete record of the submission and analysis, including all correspondence between the laboratory and the qualified person or anyone under the supervision and control of the qualified person with respect to the sample collection, chain of custody, handling and analysis including, (a)  the laboratory name, address, contact and phone number; (b)  client name, client contact, address and phone number; (c)  sample identification number for tracking purposes; (d)  sample type and location; (e)  sampling date; (f)  date the sample was received; (g)  date the sample was analyzed; (h)  method identification and method reference as specified in the Analytical Protocol; (i)  chemical parameter measured; (j)  reporting limits, including adjustment for sample size, moisture content or dilution factor; (k)  method specific quality assurance and quality control requirements as specified in the Analytical Protocol; (l)  authorization to release the certificate including, (i)  the name, function, and signature or equivalent of any person authorizing the release, and (ii)  a statement that the results relate only to the items tested and to all the items tested; (m)  certification that the data met all analytical requirements in the Analytical Protocol with, if applicable, a detailed description of and rationale for qualification for required exceptions; and (n)  all information recorded by the laboratory with respect to the condition of samples brought to the laboratory, including information recorded with respect to, (i)  sample quality, holding time, preservation and storage, and (ii)  sample containers.  O. Reg. 511/09, s. 22. (4) Despite subsection (2), the analysis of a sample for a contaminant may be conducted by a laboratory using a method other than a method specified in the Analytical Protocol if the laboratory obtains the written permission of the Director to use that analytical method for that contaminant.  O. Reg. 511/09, s. 22. (5) The qualified person mentioned in subsection (2) shall obtain from the laboratory mentioned in subsection (2) written confirmation that the laboratory has, (a)  conducted its analysis for a contaminant, (i)  in accordance with the Analytical Protocol, or (ii)  in accordance with an analytical method for which the laboratory has obtained the written permission of the Director under subsection (4); and (b)  provided an analytical report or certificate of analysis referred to in subsection (2) that has been prepared in accordance with the Analytical Protocol and the requirements of subsection (3).  O. Reg. 511/09, s. 22. (6) If an analysis has been undertaken pursuant to subsection (4), the provisions of clause (2) (b) and subsection (3) apply with necessary modifications to the reporting of the results of the analysis.  O. Reg. 511/09, s. 22. (7) In this section, “Analytical Protocol”, means the “Protocol for Analytical Methods Used in the Assessment of Properties under Part XV.1 of the Environmental Protection Act” published by the Ministry and dated March 9, 2004, as it may be amended from time to time.  O. Reg. 511/09, s. 22.