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The Ministry of the Environment is trying to remind everyone that significant changes to O. Reg. 153/04 (Records of Site Condition) will take effect on July 1, 2011. These changes will affect all sites for which Records of Site Condition are sought after July 1, 2011. The impact of the changes on other sites is yet to be determined.

“If a qualified person and owner of property wish to have a record of

site condition (RSC) filed and acknowledged before the changes come into

effect, and have not yet submitted the RSC, the Ministry strongly

encourages them to submit the RSC with all required documentation well

before June 30, 2011. RSCs which are incomplete (e.g. missing

supporting documentation) cannot be filed and acknowledged.

 

If you have already submitted a RSC and problems were identified by the

Ministry, please contact the Ministry with any questions before

re-submitting the RSC to minimize delays.

 

Set out below are some common errors found in RSC submissions, and a

list of the supporting documents required for filing a RSC.

 

If you would like a RSC to be filed and acknowledged before July 1,

2011, you should ensure that your RSC contains no errors and the

submission includes all relevant and required supporting documents.

 

Common Errors

 

The most common types of errors found in RSC submissions are as follows:

 

*    The legal description of the RSC property supplied in

supporting documents does not match what has been entered in the RSC.

 

The documentation you provide with the legal description of the RSC

property must match the legal description that is entered on the RSC

unless the RSC property is part of the property described in the

supporting documents. Please call the Ministry before you submit the

RSC if you have any questions.

 

*    The RSC is being filed for a property that is part of a larger

property that is the subject of a deed or transfer; however, no plan of

survey is provided with the RSC and the legal description bears no

likeness to any documentation provided.

 

If the RSC property applies to a portion of an entire legal property,

there are a few things that need to be identified in the RSC.

 

First, when you see the question, “Does the RSC apply to the entire

legal property”? Answer with “No”.

 

Second, ensure that the survey provided identifies the RSC property

boundaries, and that it has been prepared by an Ontario Land Surveyor

(additional information provided below).

 

And lastly, the Ministry recommends that you include a letter that

describes the legal description of the property prepared by a lawyer.

Inclusion of this letter in this situation will help prevent delays.

Please note that the RSC property provided in the letter must match the

legal description of the RSC property entered in the RSC, .

 

*    Required supporting documents are missing.

 

If you’re not sure what documents you need to include with the RSC

submission, please check the list below. If you still are unsure,

please contact the Ministry for clarification.

 

*    The dates on Page 3 of the RSC do not match (Owner’s

Certifications).

 

Please note that the owner is required to insert two dates on Page 3 of

the RSC – these must be the same, as required by Schedule A of O.Reg.

153/04. The owner is required to certify, among others, the following

statement: “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]”. If you have any questions about this, please contact

the Ministry before submitting the RSC.

 

*    The survey provided has not been prepared by an Ontario Land

Surveyor.

 

If a survey is required, the regulation requires that it be prepared by

an Ontario Land Surveyor. This requires that the survey be signed and

dated . The survey does not have to have been deposited with the Land

Registry office in order to be used in a record of site condition.

 

Required Supporting Documents

 

1.   Certificate of Status or Equivalent (Qualified Person’s

corporate employer) – If the qualified person is an employee of a

corporation, please provide a certificate of status (if a corporation

incorporated under the Business Corporations Act) or equivalent

document. If the corporation is not incorporated under the Business

Corporations Act, please provide official documentation that

demonstrates that the company or corporate employer still exists. If

you are unsure what is needed, please contact the Ministry for

clarification.

 

2.   Business Names Report (Qualified Person’s partnership employer)

– If the qualified person is an employee of a partnership or a member of

a partnership, please provide a copy of the Business Names Report, if

one exists.

 

3.   Certificate of Status or Equivalent (owner) – If the owner is a

corporation, please provide a certificate of status (if a corporation

incorporated under the Business Corporations Act) or equivalent

document. If the company or corporate employer is not incorporated

under the Business Corporations Act, please provide official

documentation that demonstrates that the company or corporate employer

still exists. If you are unsure what is needed, please contact the

Ministry for clarification.

 

4.   Business Names Report (owner) – If the owner is a partnership,

please provide a Business Names Report, if one exists.

 

5.   Deed or Transfer – A copy of the deed or transfer by which the

RSC property was acquired by the owner (even if the deed or transfer

includes other property in addition to the RSC property). If you are

not sure what document is required, please contact the Ministry for

clarification.

 

6.   Letter Authorizing Person to Sign on Behalf of Owner – If the

person filing the RSC is not the owner of the property, include a letter

that demonstrates that the person is authorized to file the RSC on the

owner’s behalf. For example, if the owner is “ABC Company” and you work

for “ABC Company”, you will need to provide a letter from “ABC Company”

authorizing you to file the RSC on “ABC Company’s” behalf. If you are

not sure what document is required, please contact the Ministry for

clarification.

 

7.   Survey – If the RSC property is part of a larger property that

is the subject of the deed or transfer, attach a copy of a survey of the

RSC property prepared by an Ontario Land Surveyor (that identifies the

surveyed bounds of the RSC property). The survey must be signed and

dated.

 

8.   Letter Authorizing an Agent – If you are an agent for the owner,

include a letter that demonstrates that you, the agent, are authorized

by the owner to “make the statements required under subsection 6(1) of

Schedule A and to sign the RSC on behalf of the owner”. What is

identified in quotes needs to appear in the letter. If you are not sure

what document is required, please contact the Ministry for

clarification.

 

9.   Proof of Appointment as Receiver – If the person filing the RSC

as owner is a receiver, include proof of appointment as receiver,

including any order, or proof that the receiver has taken possession or

control of the property.

 

10. Survey showing Where the Phase Two Environmental Site assessment

Was Conducted – if the QP certifies that no phase two environmental site

assessment is required by the regulation for a particular part of the

RSC property, include a survey identifying the surveyed boundaries of

the phase two environmental site assessment prepared by an Ontario Land

Surveyor. The survey must be signed and dated.

 

If you have any questions, please email one of our Brownfields Filing

and Review staff:

 

Rosemary Ash

Email: [email protected] <mailto:[email protected]>

Phone: 416-314-9058

 

Jonathan Bower

Email: [email protected]

Phone: 416-326-2945

 

Mahmood Hasan

Email: [email protected]

Phone: 416-314-7226

 

Wilson Liu

Email: [email protected]

Phone: 416-326-1187

 

Sridhar Sangaraju

Email: [email protected]

Phone: 416-326-1192

 

We apologize if you have received this email in error. Please note that

future email updates on brownfields will NO LONGER use these email

addresses. If you wish to continue to be advised on topics related to

brownfields from the Ontario Ministry of the Environment, we encourage

you to sign up for email updates on the Ministry’s website and select

brownfields:

 

http://www.ene.gov.on.ca/environment/en/main/subscription/index.htm

 

Please pass this email along to your colleagues. Thank you.

 

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