jswizzle3737/ontario_laws_and_regs huggingface dataset:
Unused property, most recent use
 2. For the purposes of this Regulation, if property is unused, the property is deemed to have the type of property use to which the property was most recently put.  O. Reg. 153/04, s. 2.
Mixed use property, most sensitive use
 3. (1) If a property is used for more than one type of property use, the site condition standards that are applicable to the property are the standards that are applicable to the most sensitive type of property use.  O. Reg. 153/04, s. 3 (1). (2) The following rules apply in determining which type of property use is the most sensitive type of property use: 1.  An agricultural or other use is the most sensitive of any type of property use. 2.  A residential use, parkland use or institutional use is more sensitive than an industrial use, commercial use or community use.  O. Reg. 153/04, s. 3 (2). part II   defined persons
PART II DEFINED PERSONS
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Owner of property
 4. For the purposes of Part XV.1 of the Act, “owner”, in relation to a record of site condition or risk assessment, includes a beneficial owner of or receiver in respect of the property for which the record of site condition is submitted for filing, is to be submitted for filing or is filed or for which the risk assessment is submitted.  O. Reg. 511/09, s. 2.
Qualified persons, other than risk assessment
 5. (1) A person referred to in subsection (2) meets the qualifications to be a qualified person for the purposes of, (a)  conducting or supervising a phase one environmental site assessment; (b)  conducting or supervising a phase two environmental site assessment; and (c)  completing the certifications that must be completed by a qualified person in a record of site condition in respect of a property.  O. Reg. 66/08, s. 2. (2) A person meets the qualifications to be a qualified person for the purposes of subsection (1) if, (a)  the person holds a licence, limited licence or temporary licence under the Professional Engineers Act; or (b)  the person holds a certificate of registration under the Professional Geoscientists Act, 2000 and is a practising member, temporary member or limited member of the Association of Professional Geoscientists of Ontario.  O. Reg. 66/08, s. 2.
Qualified persons, risk assessment
 6. (1) A person meets the qualifications to be a qualified person for the purposes of section 168.1 of the Act in relation to the preparation or supervision of a risk assessment if, (a)  the person holds a bachelor’s degree in science, engineering or applied technology from a post-secondary institution; (b)  the person has experience in the conduct or supervision of environmental site assessments, or in the conduct, supervision or review of assessment of risk described in clause (c), or in any combination of both, as follows: (i)  if the person holds a doctoral degree in science or engineering from a university, five years’ experience, (ii)  if the person holds a master’s degree in science or engineering from a university, seven years’ experience, (iii)  in any other case, eight years’ experience; and (c)  within the period of experience required by clause (b), the person has two years’ experience, (i)  in the conduct or supervision of an assessment of risk, or (ii)  in the technical or scientific review of an assessment of risk on behalf of a public authority.  O. Reg. 153/04, s. 6 (1). (2) In this section, “assessment of risk” means an assessment of human health risks and ecological risks associated with the presence or discharge of contaminants on, in or under property, and includes the preparation of a risk assessment or a site specific risk assessment under the Cleanup Guideline 1996; “environmental site assessment” means an investigation in relation to land to determine the environmental condition of property, and includes a phase one environmental site assessment and a phase two environmental site assessment; “university” means a university within or outside of Ontario.  O. Reg. 153/04, s. 6 (2); O. Reg. 366/05, s. 2.
Qualified persons, conflict of interest
 6.1 (1) No qualified person mentioned in section 5 or 6 shall, in respect of a RSC property or RA property in which the qualified person or his or her employer holds a direct or indirect interest, (a)  conduct or supervise a phase one or phase two environmental site assessment; (b)  complete the certifications that must be completed by a qualified person in a record of site condition in respect of a property; or (c)  prepare or supervise a risk assessment.  O. Reg. 511/09, s. 3. (2) Nothing in subsection (1) shall be construed so as to derogate from any obligations imposed on the qualified person under the Professional Engineers Act
or the Professional Geoscientists Act, 2000.  O. Reg. 511/09, s. 3. 6.2 Revoked: O. Reg. 407/19, s. 2.
Qualified persons, insurance
 7. (1) Subject to subsection (3), every qualified person mentioned in sections 5 and 6 shall maintain insurance coverage under an insurance policy that satisfies the requirements in subsection (2), (a)  at all times when the person, (i)  undertakes or supervises any work in their capacity as a qualified person, including any work associated with a phase one environmental site assessment, a phase two environmental site assessment or a risk assessment that is completed for the purposes of filing a record of site condition under section 168.4 of the Act, or (ii)  makes a statement required by this Regulation; and (b)  for a period of two years after the date the qualified person ceases to act in his or her capacity as a qualified person, including doing anything described in clause (a).  O. Reg. 153/04, s. 7 (1). (2) The insurance policy must satisfy the following criteria: 1.  The policy shall indemnify the qualified person against liability imposed by law arising out of the performance of or the failure to perform any activity described in subsection (1) for claims whenever occurring that are first made and reported to the insurer during the period of insurance coverage. 2.  The insurance policy shall, at a minimum, specify an indemnity limit of $1,000,000 per claim and $1,000,000 in the aggregate during the period of the insurance. 3.  The insurance policy shall provide for the continuation of coverage if the insured is adjudged as bankrupt, insolvent, incompetent or dies during the period of insurance.  O. Reg. 153/04, s. 7 (2); O. Reg. 366/05, s. 3 (1). (3) This section does not apply to a qualified person who undertakes the work described in section 5 or 6 on behalf of his or her employer.  O. Reg. 153/04, s. 7 (3); O. Reg. 511/09, s. 4. (4) A qualified person shall be deemed to be maintaining the insurance coverage required by this section if his or her employer maintains an insurance policy that covers the activities of the qualified person in accordance with subsection (1) and the policy satisfies the requirements in subsection (2).  O. Reg. 366/05, s. 3 (2). part III   Environmental site registry
PART III ENVIRONMENTAL SITE REGISTRY
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Additional purpose of Registry
 7.1 For the purpose of paragraph 3 of subsection 168.3 (2) of the Act, the Registry has the purpose of facilitating public access to information respecting qualified persons.  O. Reg. 66/08, s. 3.
Contents public
 8. (1) The Director shall ensure that records of site condition, notices and other documents that are filed in the Registry are available for examination by the public.  O. Reg. 153/04, s. 8 (1). (2) If the Director becomes aware of a clerical, grammatical or typographical error in a record of site condition, notice or other document that has been filed in the Registry, the Director may cause the error to be corrected and the correction shall not require a new filing.  O. Reg. 153/04, s. 8 (2). (3) The Director may cause a record of site condition, notice, certificate of property use or other document that has been filed in the Registry to be updated to add new information and remove previous information and the change shall not require a new filing, if the Director becomes aware of, and the update relates to, a change to, (a)  a mailing address, fax number, postal code or e-mail address or a change in the mailing address, fax number, postal code or e-mail address of the owner of an RSC property who has submitted the record of site condition for filing or on whose behalf the record of site condition was submitted for filing; (b)  a municipal address or a change in the municipal address of an RSC property; (c)  a notice of a certificate of property use or an altered or revoked certificate of property use related to an RSC property; or (d)  the mailing address for an owner of the RSC property at the time the record of site condition was filed, other than an owner referenced in clause (a).  O. Reg. 511/09, s. 5.
Notice to users
 9. (1) The Director shall ensure 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.  O. Reg. 153/04, s. 9. (2) If a record of site condition is filed in respect of a phase two property that meets the criteria set out in subsection 6 (2) of Schedule E, the Director shall ensure that users of the Registry are notified of the following: 1.  That the exemption in subsection 6 (2) of Schedule E was relied upon in filing the record of site condition. 2.  That, as part of the phase two environmental site assessment for the property, no confirmatory sampling and analysis of the soil, sediment and ground water has been undertaken to support the certifications made by the qualified person in the record of site condition. O. Reg. 214/21, s. 1.
Notice of order in Registry
 10. (1) The Director may require that the Registry contain notice of a certificate of property use issued, altered or revoked pursuant to section 168.6 of the Act, with respect to a property for which a record of site condition has been filed.  O. Reg. 511/09, s. 6. (2) Revoked:  O. Reg. 511/09, s. 6. (3) The Director may require that the Registry contain notice of a proceeding commenced under the Provincial Offences Act, if the proceeding relates to a false or misleading statement made in a record of site condition or a risk assessment.  O. Reg. 153/04, s. 10 (3). (4) If the Director requires that a notice be contained in the Registry under this section and the circumstances giving rise to the notice no longer exist, the Director may require that the notice be withdrawn from the Registry.  O. Reg. 153/04, s. 10 (4). part IV   Change of property use
PART IV CHANGE OF PROPERTY USE
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Definitions for the Act, industrial, commercial, residential and parkland use
 11. (1) For the purposes of section 168.3.1 of the Act, “industrial use”, “commercial use”, “residential use” and “parkland use”, in relation to the use of property, have the meanings given by subsection 1 (3) of this Regulation.  O. Reg. 153/04, s. 11 (1). (2) For the purposes of the Act and this Regulation, a reference to a change in the use of a property does not include a reference to a change in the zoning of the property under a municipal by-law.  O. Reg. 153/04, s. 11 (2).
Exemption, construction, s. 168.3.1 of the Act
 12. Despite clause 168.3.1 (1) (c) of the Act, subsection 168.3.1 (1) of the Act does not apply to the issuance of a building permit under section 8 of the Building Code Act, 1992 if the only construction authorized by the permit is,  (a)  the removal of soil, rock or fill for the purpose of making an excavation; or (b)  the erection of a retaining structure or other structure, (i)  to support the sides of the excavation, (ii)  that are erected to assist in the conduct of an investigation in relation to property, or (iii)  for any other activity necessary for the purpose of filing a record of site condition.  O. Reg. 153/04, s. 12.
Exemptions, change of use, s. 168.3.1 (1) (a) of the Act
 13. (1) Despite clause 168.3.1 (1) (a) of the Act, a person may change the use of a property from a railway line to a trail used for recreational activities, subject to subsection (2).  O. Reg. 153/04, s. 13 (1). (2) Clause 168.3.1 (1) (a) of the Act applies to a change of use of a portion of a property described in subsection (1), if the use of the portion is changed to a playground, a playing field, a day camp, an overnight camp or an overnight camping facility, whether the use of the portion is for the use of trail users only or for the general public.  O. Reg. 153/04, s. 13 (2). (3) Despite clause 168.3.1 (1) (a) of the Act, a person may change the use of a property from a landfilling site that is subject to an environmental compliance approval to any property use.  O. Reg. 153/04, s. 13 (3); O. Reg. 269/11, s. 1.
Changes of use, s. 168.3.1 (1) (b) of the Act
 14. A person shall not change the use of property for the purposes of clause 168.3.1 (1) (b) of the Act in any of the following manners: 1.  A change from an industrial use to an agricultural or other use or to an institutional use. 2.  A change from an industrial use to more than one type of property use, including any or all of the following: i.  Agricultural or other use. ii.  Institutional use. iii.  Parkland use. iv.  Residential use. 3.  If the property is used for an industrial use as well as any other type or types of property use, a change in the use of part or all of the property used for industrial use to any or all of the following types of property uses: i.  Agricultural or other use. ii.  Institutional use. iii.  Parkland use. iv.  Residential use. 4.  A change from a commercial use to an agricultural or other use or to an institutional use. 5.  A change from a commercial use to more than one type of property use including any or all of the following types of property use: i.  Agricultural or other use. ii.  Institutional use. iii.  Parkland use. iv.  Residential use. 6.  If the property is used for a commercial use as well as any other type or types of property use, a change in the use of part or all of the property used for commercial use to any or all of the following types of property uses: i.  Agricultural or other use. ii.  Institutional use. iii.  Parkland use. iv.  Residential use. 7.  A change from a community use to an agricultural or other use or to an institutional use, a parkland use or a residential use. 8.  A change from a community use to more than one type of property use, including any or all of the following types of property use: i.  Agricultural or other use. ii.  Institutional use. iii.  Parkland use. iv.  Residential use. 9.  If the property is used for a community use as well as any other type or types of property use, a change in the use of part or all of the property used for community use to any or all of the following types of property uses: i.  Agricultural or other use. ii.  Institutional use. iii.  Parkland use. iv.  Residential use. 10.  A change from an industrial use, a commercial use or a community use, other than a community use described in subparagraphs i and ii, to a community use, i.  that falls within the classification of occupancies in Group A of Table 3.1.2.1. of Division B of the building code, and ii.  that is an indoor swimming pool, an indoor ice rink, an indoor arena, an enclosed stadium, an indoor sports field or an indoor gymnasium.  O. Reg. 153/04, s. 14; O. Reg. 179/11, s. 2; O. Reg. 333/13, s. 2; O. Reg. 407/19, s. 3.
Exemptions, change of use, s. 168.3.1 (1) (b) of the Act
 14.1 (1) Despite clause 168.3.1 (1) (b) of the Act and section 14 of this Regulation, a person may change the use of a building on a property from an industrial use, commercial use or community use to an agricultural or other use if the building is to be used for the cultivation, growing and harvesting of agricultural commodities, where the cultivation and growing of the agricultural commodities is achieved through hydroponics or other methods that do not rely on cultivating and growing the commodities using the soil from the property. O. Reg. 407/19, s. 4. (2) Despite clause 168.3.1 (1) (b) of the Act and section 14 of this Regulation, a person may change the use of a property to any use from any of the following uses: 1.  Use of property for a road that is temporarily required during the construction of a new development and will no longer exist as a road when all phases of the development are complete. 2.  Use of property for a road within the meaning of section 48 of the Public Lands Act. 3.  Use of property for a road governed by the Provincial Parks and Conservation Reserves Act, 2006.
O. Reg. 407/19, s. 4.
Exemptions
 15. (1) Section 168.3.1 of the Act and section 14 of this Regulation do not apply to any of the following changes in use to a building, nor do those sections apply to the construction of a building that will be used in connection with any of the following changes in use: 1.  A change that meets all of the following criteria: i.  Before the change in use to the building, part of the building is used for residential use or institutional use and another part of the building is used for commercial use or community use. ii.  After the change in use to the building, the existing building envelope is to remain unchanged and there will be no addition to the exterior portions of the building. iii.  The property on which the building is located is not used or has not ever been used, in whole or in part, for an industrial use, as a garage, as a bulk liquid dispensing facility, including a gasoline outlet, or for the operation of dry cleaning equipment. iv.  The property on which the building is located was not exempt under paragraph 2 of this subsection from section 168.3.1 of the Act and section 14 of this Regulation with respect to conversion from a commercial or community use to a use specified in subparagraph 2 ii of this subsection. 2.  A change that meets all of the following criteria: i.  Before the change, the property is used for a commercial or community use. ii.  After the change, the property will be used, A.  for a commercial or community use as well as for a residential use, B.  for a commercial or community use as well as for an institutional use, or C.  for a commercial or community use as well as for both a residential use and an institutional use. iii  The change to residential use or institutional use is restricted to floors above the ground floor. iv.  The building has no more than six storeys before the change and will have no more than six storeys after the change. v.  The existing building envelope is to remain unchanged and there will be no addition to the exterior portions of the building. vi.  The property on which the building is located is not used or has not ever been used, in whole or in part, for an industrial use, as a garage, as a bulk liquid dispensing facility, including a gasoline outlet, or for the operation of dry cleaning equipment. O. Reg. 407/19, s. 5 (1). (2) Revoked: O. Reg. 407/19, s. 5 (2).
Exemption, change of use, temporary health or residential facility
 15.1 (1) Section 168.3.1 of the Act and section 14 of this Regulation do not apply to the change in use of a property or building if the use is for a temporary health or residential facility. O. Reg. 274/20, s. 1. (2) For the purposes of this section, “temporary health or residential facility” means a building or structure that is used or intended to be used to provide, on a temporary basis for the purpose of responding to the COVID-19 pandemic and its effects or to an emergency declared under the Emergency Management and Civil Protection Act, health care or sleeping accommodation by or on behalf of, (a)  any health service provider as defined in paragraphs 1 to 5 of the definition of “health service provider” in subsection 1 (2) of the Connecting Care Act, 2019, or (b)  any government, including, for greater certainty, a municipality. O. Reg. 274/20, s. 1; O. Reg. 776/20, s. 1. part V   records of site condition
PART V RECORDS OF SITE CONDITION
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Records of site condition, requirements
 16. (1) A record of site condition shall be completed and submitted for filing in accordance with the requirements set out in Schedule A.  O. Reg. 153/04, s. 16 (1); O. Reg. 511/09, s. 7 (1). (2) Paragraph 4 of subsection 168.4 (2) of the Act does not apply to a record of site condition filed in respect of a property if a phase two environmental site assessment has not been conducted for the property.  O. Reg. 153/04, s. 16 (2); O. Reg. 511/09, s. 7 (2). (3) Paragraph 6 of subsection 168.4 (2) of the Act does not apply in respect of a phase two property if the criteria set out in subsection 6 (2) of Schedule E to this Regulation are met. O. Reg. 214/21, s. 2.
Prescribed time for notice or acknowledgement
 16.1 Thirty days, excluding holidays and Saturdays, is the time prescribed for the purposes of clause 168.4 (3) (b) of the Act.  O. Reg. 511/09, s. 8.
Prescribed defects
 16.2 (1) The following are prescribed defects for the purposes of clause 168.4 (3.3) (a) of the Act: 1.  Failure to comply with a requirement of this Regulation for a phase one environmental site assessment or a phase two environmental site assessment. 2.  Failure to comply with any requirement referred to in paragraph 1 because the manner in which the requirement is addressed fails to achieve the general or specific objectives of the assessment. 3.  Failure to complete a record of site condition in accordance with the Act or this Regulation.  O. Reg. 511/09, s. 8. (2) The notice of a defect provided by the Director shall be of sufficient detail so as to alert the owner to the nature of the defect.  O. Reg. 511/09, s. 8.
Certification date
 17. (1) This section applies to the certification date of a record of site condition filed in the Registry under section 168.4 of the Act in relation to a property.  O. Reg. 153/04, s. 17 (1). (2) If a phase two environmental site assessment is not conducted for the property, the certification date is the day on which the qualified person forms the conclusion that the certifications made in the record of site condition are true.  O. Reg. 153/04, s. 17 (2); O. Reg. 511/09, s. 9 (1). (3) If a phase two environmental site assessment is conducted for the property, the certification date is the last day on which sampling was done that confirms that the property meets any applicable site condition standards, or any standard specified in a risk assessment, in relation to a contaminant.  O. Reg. 153/04, s. 17 (3); O. Reg. 511/09, s. 9 (2). (4) For the purposes of a record of site condition filed in the Registry under subsection 168.4 (6) of the Act, the certification date is the date set out in Part 5 (Affidavit of Principal Consultant) of the record of site condition that was acknowledged by the Ministry under the Cleanup Guideline 1996.  O. Reg. 153/04, s. 17 (4). (5) If the criteria set out in subsection 6 (2) of Schedule E are met, the certification date in respect of the phase two property is the day on which the qualified person forms the conclusion that the certifications made in the record of site condition are true. O. Reg. 214/21, s. 3.
Retention and storage of reports
 18. (1) For the purposes of subsection 168.4 (5) of the Act, the prescribed period for the retention of a report is seven years after the date the record of site condition listing the report is filed in the Registry.  O. Reg. 511/09, s. 10. (2) Subsection (1) and subsection 168.4 (5) of the Act do not apply in respect of a qualified person if a qualified person takes all reasonable steps to ensure that a copy of the report is stored for the period referred to in subsection (1) in the offices of the firm, company or partnership where the qualified person was employed at the time when the record of site condition was completed.  O. Reg. 511/09, s. 10. 19. Revoked: O. Reg. 407/19, s. 7.
Past owners, immunity
 20. (1) This section applies to a person who, before the certification date of a record of site condition filed in the Registry, owned the property for which the record of site condition was filed.  O. Reg. 153/04, s. 20 (1). (2) A person meets the requirements for the purposes of paragraph 4 of subsection 168.7 (1) of the Act if the person satisfies one of the following requirements: 1.  The person sold the property to a purchaser pursuant to an agreement for the purchase and sale of land that included a condition, covenant or term that the purchaser would file a record of site condition for the property in the Registry under section 168.4 of the Act and the purchaser has filed a record of site condition for the property in the Registry. 1.1  The person sold the property to a purchaser pursuant to an agreement for the purchase and sale of land that included a condition, covenant or term that the purchaser would submit a record of site condition for filing in the Registry under section 168.4 of the Act and the filing of a record of site condition by the purchaser in respect of the property has been acknowledged by the Director under section 168.4 of the Act. 2.  The person was the owner of the property at the time that a record of site condition in respect of the property was submitted to the Ministry pursuant to the Cleanup Guideline 1996, if the record of site condition was filed pursuant to subsection 168.4 (6) of the Act.  O. Reg. 153/04, s. 20 (2); O. Reg. 511/09, s. 11 (1, 2). (3) If an agreement mentioned in paragraph 1 of subsection (2) is made before the day subsection 6 (1) of Schedule 13 to the Budget Measures and Interim Appropriation Act, 2007 comes into force, it is sufficient for the purpose of satisfying the requirement in that paragraph if the purchaser has submitted for filing a record of site condition in respect of the property that was the subject of the agreement and the filing of the record of site condition by the purchaser in respect of the property has been acknowledged by the Director under section 168.4 of the Act.  O. Reg. 511/09, s. 11 (3).
Soil Management
 21. (1) This section applies in relation to a property if a record of site condition has been filed in the Registry containing a certification under sub-subparagraph 4 i C of subsection 168.4 (1) of the Act by a qualified person that the property meets the applicable stratified site condition standards for all prescribed contaminants subject to any exceptions specified by the qualified person.  O. Reg. 511/09, s. 12. (2) A person who owns or occupies the property, or a person who has charge, management or control of the property, shall ensure that surface soil and subsurface soil on, in or under the property meets the applicable stratified site condition standards for all prescribed contaminants subject to any exceptions specified by the qualified person in the certification referred to in subsection (1).  O. Reg. 511/09, s. 12. 21.1 Revoked: O. Reg. 407/19, s. 8. part vI   definitions for and interpretation of phase One and phase Two Environmental Site Assessments
PART VI DEFINITIONS FOR AND INTERPRETATION OF PHASE ONE AND PHASE TWO ENVIRONMENTAL SITE ASSESSMENTS
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22.1
 22.1 A phase one or phase two environmental site assessment shall take into account every property at or below the ground surface that is above or below the phase one or phase two property. O. Reg. 407/19, s. 9. part VII   phase one environmental site assessments
PART VII PHASE ONE ENVIRONMENTAL SITE ASSESSMENTS
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23.
 23. A phase one environmental site assessment shall be conducted in accordance with this Part and shall meet the requirements set out in Schedule D.  O. Reg. 511/09, s. 14.
24.
 24. The general objectives of a phase one environmental site assessment are to do the following: 1.  To develop a preliminary determination of the likelihood that one or more contaminants have affected any land or water on, in or under the phase one property. 2.  To determine the need for a phase two environmental site assessment. 3.  To provide a basis for carrying out any phase two environmental site assessment required. 4.  To provide adequate preliminary information about environmental conditions in the land or water on, in or under the phase one property for the conduct of a risk assessment following completion of a phase two environmental site assessment.  O. Reg. 511/09, s. 14.
25.
 25. Subject to section 31, a phase one environmental site assessment of a property shall include the following components: 1.  A records review. 2.  Interviews. 3.  Site reconnaissance. 4.  An evaluation of the information gathered from the records review, interviews and site reconnaissance. 5.  A phase one environmental site assessment report. 6.  The submission of the phase one environmental site assessment report to the owner of the phase one property.  O. Reg. 511/09, s. 14.
26.
 26. (1) A qualified person shall conduct or supervise a phase one environmental site assessment.  O. Reg. 511/09, s. 14. (2) Where this Regulation or Schedule D specifies that an aspect of a phase one environmental site assessment is to be conducted by a qualified person, a qualified person shall conduct that aspect of the assessment.  O. Reg. 511/09, s. 14. (3) In all cases, the qualified person shall ensure that the phase one environmental site assessment is conducted in accordance with this Part and meets the requirements of Schedule D.  O. Reg. 511/09, s. 14.
27.
 27. (1) The qualified person shall identify physical impediments that interfere with or may limit the ability to conduct investigations or to meet any general or specific objectives, components or requirements of a phase one environmental site assessment.  O. Reg. 511/09, s. 14. (2) The qualified person shall ensure that no impediment precludes meeting the general or specific objectives, components or requirements of a phase one environmental site assessment.  O. Reg. 511/09, s. 14. (3) Denial of access to a qualified person, or someone supervised by a qualified person, to a structure or building or to any other part of the phase one property or any area under the phase one property, for any reason other than safety or inaccessibility, is an impediment that precludes meeting the general or specific objectives, components or requirements of a phase one environmental site assessment.  O. Reg. 511/09, s. 14. (4) The qualified person shall document the denial of access, where access to a structure or building or to any other part of the phase one property or any area under the phase one property is denied to the qualified person, or someone supervised by a qualified person, because of safety or inaccessibility.  O. Reg. 511/09, s. 14.
28.
 28. (1) A report may be used by a qualified person as a phase one environmental site assessment report in a record of site condition or used as a phase one environmental site assessment report in planning, conducting or supervising a phase two environmental site assessment, for the phase one property that is the subject of the report or an RSC property within it, if, (a)  the date the last work on all of the records review, interviews and site reconnaissance required for the phase one environmental site assessment that is the subject of the report was done is no later than 18 months before, (i)  the submission of the record of site condition, in the case of a report being used in a record of site condition, and (ii)  the commencement of the phase two environmental site assessment, in the case of a report being used in a phase two environmental site assessment; (b)  in the professional opinion of the qualified person, there is no new or materially changed area of potential environmental concern at the property that has arisen since the date of the last work on all of the records review, interviews and site reconnaissance required for the phase one environmental site assessment that is the subject of the report; (c)  the phase one environmental site assessment meets all other requirements of this Part and Schedule D for a phase one environmental site assessment, including the requirements for a phase one environmental site assessment report; (d)  the report is a single document; and (e)  the report is the most recent document that meets the requirements of this Part and Schedule D for a phase one environmental site assessment report.  O. Reg. 511/09, s. 14; O. Reg. 407/19, s. 10. (2) If subsection (1) does not apply, the qualified person shall, before submitting the record of site condition or commencing the phase two environmental site assessment, update the phase one environmental site assessment by conducting or supervising such further portions of a phase one environmental site assessment as may be necessary to achieve, (a)  the general objectives in section 24; and (b)  the specific objectives and requirements for the components of the assessment set out in Schedule D.  O. Reg. 511/09, s. 14. (3) Subsection (1) applies to a report of an update undertaken pursuant to subsection (2), except clause (1) (d) does not apply and clauses (1) (c) and (e) apply with necessary modifications.  O. Reg. 511/09, s. 14.
29.
 29. The qualified person who is conducting or supervising the phase one environmental site assessment shall, (a)  use all reasonably accessible environmental site assessment reports and other reports and data, as appropriate, to conduct a phase one environmental site assessment; and (b)  document all reports and data consulted, and indicate what was used and how it was used in the phase one environmental site assessment.  O. Reg. 511/09, s. 14.
30.
 30. (1) Where a qualified person retained by or on behalf of an owner who wishes to submit a record of site condition for filing is not the same qualified person who conducted or supervised the phase one environmental site assessment, the qualified person who has been retained with respect to the submission of the record of site condition for filing shall review the phase one environmental site assessment and any other material necessary to determine whether,  (a)  the phase one environmental site assessment meets the requirements of this Part and Schedule D for a phase one environmental site assessment, including the requirements for a phase one environmental site assessment report; (b)  the phase one conceptual site model accurately reflects the environmental condition of the phase one property and any need for a phase two environmental site assessment; and (c)  there is no new or materially changed area of potential environmental concern at the phase one property.  O. Reg. 511/09, s. 14. (2) The qualified person referred to in subsection (1) shall, before submitting the record of site condition or commencing the phase two environmental site assessment, conduct or supervise such work on a phase one environmental site assessment as may be necessary, to achieve the general objectives in section 24 and the specific objectives and requirements for the components of the assessment set out in Schedule D, if the qualified person determines that, (a)  the phase one environmental site assessment conducted or supervised by another qualified person does not meet the requirements referred to in clause (1) (a); (b)  the phase one conceptual site model does not accurately reflect the environmental condition of the phase one property and any need for a phase two environmental site assessment; or (c)  there is a new or materially changed area of potential environmental concern at the phase one property.  O. Reg. 511/09, s. 14. (3) The work referred to in subsection (2) includes the conduct and supervision of all or part of a phase one environmental site assessment, the preparation of all or part of a phase one environmental site assessment report or update to the report and the preparation of any documentary components of the report, such as a phase one conceptual site model.  O. Reg. 511/09, s. 14. (4) Nothing in this section shall be construed so as to derogate from any obligations imposed on the qualified person under the Professional Engineers Act or the Professional Geoscientists Act, 2000.  O. Reg. 511/09, s. 14.
31.
 31. (1) If, before October 1, 2004, a report was completed for the purposes of an initial site assessment as referred to in section 8.1 of the Cleanup Guideline 1996, the initial site assessment is deemed to be a phase one environmental site assessment for the purpose of section 168.1 of the Act if a qualified person reviews the report and certifies that the initial site assessment was completed in accordance with this Part, except clause 28 (1) (a).  O. Reg. 511/09, s. 14. (2) If, before October 1, 2004, an initial site assessment, as referred to in section 8.1 of the Cleanup Guideline 1996, was commenced, but not completed, the initial site assessment satisfies the requirements of this Regulation for a phase one environmental site assessment if, (a)  a qualified person certifies in writing in the phase one environmental assessment report required under section 25 that the components of the initial site assessment completed before this Regulation came into force meet the requirements of this Regulation, except clause 28 (1) (a), with respect to a phase one environmental site assessment, except that they were not conducted or supervised by a qualified person; and (b)  a phase one environmental site assessment is completed that consists of, (i)  a review by a qualified person of those components of the initial site assessment completed before October 1, 2004, and (ii)  the completion of those components required under this Part that were not completed before October 1, 2004.  O. Reg. 511/09, s. 14. part VIiI   phase TWO environmental site assessments
PART VIII PHASE TWO ENVIRONMENTAL SITE ASSESSMENTS
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32.
 32. (1) For the purposes of submitting a record of site condition for filing under subsection 168.4 (1) of the Act in respect of a property, a phase two environmental site assessment is required, (a)  if during a phase one environmental site assessment of the property, a potentially contaminating activity is identified on, in or under the property; or (b)  if the property is used, or has ever been used, in whole or in part, for any of the following: (i)  An industrial use. (ii)  Any of the following commercial uses: (A)  As a garage. (B)  As a bulk liquid dispensing facility, including a gasoline outlet. (C)  For the operation of dry cleaning equipment. O. Reg. 511/09, s. 14; O. Reg. 407/19, s. 11. (1.1) Clause (1) (a) does not apply if, (a)  a record of site condition has been filed in the Registry under section 168.4 of the Act with respect to the property; (b)  during the phase one environmental site assessment of the property referred to in clause (1) (a), there was no potentially contaminating activity on, in or under the property identified other than potentially contaminating activity identified in the phase one environmental site assessment report of the property which was listed in support of the record of site condition referred to in clause (a); and (c)  the qualified person conducting or supervising the phase one environmental site assessment referred to in clause (1) (a) determines there is no area of potential environmental concern.  O. Reg. 179/11, s. 3. (2) Clause (1) (b) does not apply if, (a)  the property is currently used for an agricultural or other use, or a community use, an institutional use, a parkland use or a residential use; and (b)  since the latest date on which the property stopped being used for any of the types of property uses described in clause (1) (b), a record of site condition has been filed in the Registry under section 168.4 of the Act for the use described in clause (a).  O. Reg. 511/09, s. 14. (3) Clause (1) (b) does not apply with respect to the part of a property that is being used or has ever been used, (a)  for quarrying to excavate consolidated or unconsolidated aggregate; or (b)  for that aspect of the production of oil and gas consisting of the presence of an oil well or gas well on, in or under the property.  O. Reg. 511/09, s. 14.
33.
 33. A phase two environmental site assessment shall be conducted in accordance with this Part and shall meet the requirements set out in Schedule E.  O. Reg. 511/09, s. 14.
33.1
 33.1 (1) The general objectives of a phase two environmental site assessment are to do the following: 1.  To determine the location and concentration of contaminants in the land or water on, in or under the phase two property. 2.  To obtain information about environmental conditions in the land or water on, in or under the phase two property necessary to undertake a risk assessment, in accordance with this Regulation, with respect to one or more contaminants of concern. 3.  To determine if applicable site condition standards and standards specified in a risk assessment for contaminants on, in or under the phase two property were met as of the certification date.  O. Reg. 511/09, s. 14. (2) The qualified person shall ensure that the general objectives of a phase two environmental site assessment are achieved by, (a)  developing an understanding of the geological and hydrogeological conditions at the phase two property; and (b)  conducting one or more rounds of field sampling for all contaminants associated with any area of potential environmental concern identified in the phase two sampling and analysis plan and for any such contaminants identified during subsequent phase two activities and analyses of environmental conditions at the phase two property.  O. Reg. 511/09, s. 14.
33.2
 33.2 Subject to section 33.8, a phase two environmental site assessment shall include the following components: 1.  The planning of a site investigation. 2.  A site investigation. 3.  A review and evaluation of the information gathered through the site investigation. 4.  A phase two environmental site assessment report. 5.  The submission of the phase two environmental site assessment report to the owner of the phase two property.  O. Reg. 511/09, s. 14.
33.3
 33.3 (1) A qualified person shall conduct or supervise a phase two environmental site assessment.  O. Reg. 511/09, s. 14. (2) Where this Regulation or Schedule E specifies that an aspect of a phase two environmental site assessment is to be conducted by a qualified person, a qualified person shall conduct that aspect of the assessment.  O. Reg. 511/09, s. 14. (3) In all cases, the qualified person shall ensure that the phase two environmental site assessment is conducted in accordance with this Part and meets the requirements of Schedule E.  O. Reg. 511/09, s. 14.
33.4
 33.4 (1) The qualified person shall identify physical impediments that interfere with or may limit the ability to conduct investigations, sampling or analyses or to meet any general or specific objectives, components or requirements of a phase two environmental site assessment.  O. Reg. 511/09, s. 14. (2) The qualified person shall ensure that no impediment precludes meeting the general or specific objectives, components or requirements of a phase two environmental site assessment.  O. Reg. 511/09, s. 14. (3) Denial of access to a qualified person, or someone supervised by a qualified person, to a structure or building or to any other part of the phase two property or any area under the phase two property, for any reason other than safety or inaccessibility, is an impediment that precludes meeting the general or specific objectives, components or requirements of a phase two environmental site assessment.  O. Reg. 511/09, s. 14. (4) The qualified person shall document the denial of access, where access to a structure or building or to any other part of the phase two property or any area under the phase two property is denied to the qualified person, or someone supervised by a qualified person, because of safety or inaccessibility.  O. Reg. 511/09, s. 14.
33.5
 33.5 (1) A report may be used by a qualified person as a phase two environmental site assessment report in a record of site condition or used as a phase two environmental site assessment report in planning, conducting or supervising a risk assessment, for the phase two property that is the subject of the report or an RSC property within it, if, (a)  the date the last work on all of the planning of the site investigation, conducting the site investigation and reviewing and evaluating the information gathered through the site investigation required for the phase two environmental site assessment that is the subject of the report was done is no later than 18 months before, (i)  the submission of the record of site condition, in the case of a report being used in a record of site condition, and (ii)  the commencement of the risk assessment, in the case of a report being used in planning, conducting or supervising a risk assessment; (b)  in the professional opinion of the qualified person, there is no new or materially changed area of potential environmental concern at the property; (c)  the phase two environmental site assessment meets all other requirements of this Part and Schedule E for a phase two environmental site assessment, including the requirements for a phase two environmental site assessment report; (d)  the report is a single document; and (e)  the report is the most recent document that meets the requirements of this Part and Schedule E for a phase two environmental site assessment report.  O. Reg. 511/09, s. 14; O. Reg. 407/19, s. 12. (2) If subsection (1) does not apply, the qualified person shall, before submitting the record of site condition or commencing the risk assessment, update the phase two environmental site assessment by conducting or supervising such further portions of a phase two environmental site assessment as may be necessary to achieve, (a)  the general objectives in subsection 33.1 (1); and (b)  the specific objectives and requirements for the components of the assessment set out in Schedule E.  O. Reg. 511/09, s. 14. (3) Subsection (1) applies to a report of an update undertaken pursuant to subsection (2) except clause (1) (d) does not apply and clauses (1) (c) and (e) apply with necessary modifications.  O. Reg. 511/09, s. 14.
33.6
 33.6 The qualified person who is conducting or supervising the phase two environmental site assessment shall,  (a)  use all reasonably accessible environmental site assessment reports and other reports and data, as appropriate, to conduct a phase two environmental site assessment; and (b)  document all reports and data consulted, and indicate what was used and how it was used in the phase two environmental site assessment.  O. Reg. 511/09, s. 14.