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The MOE has pushed ahead with its regulation to restrict Environmental Site Assessments to professional engineers and geoscientists, as of October, 2009. O. Reg. 66/08 amends the definition of Qualified Person in O. Reg. 153/04. This will exclude agrologists and technologists, who now perform some ESAs. Some minor changes come into force immediately, allowing engineers and geoscientists with limited licences to perform Phase I ESAs.

The MOE has not explained

how the new system can be reconciled with Professional Engineers Ontario’s reported decision that Phase I ESAs are not “engineering”, and are therefore not governed by professional competence regulation.

ONTARIO REGULATION 66/08

made under the

ENVIRONMENTAL PROTECTION ACT

Made: March 19, 2008
Filed: March 31, 2008
Published on e-Laws: April 1, 2008
Printed in The Ontario Gazette: April 19, 2008

Amending O. Reg. 153/04

(Records of Site Condition — Part XV.1 of the Act)

Note: Ontario Regulation 153/04 has previously been amended. Those amendments are listed in the Table of Current Consolidated Regulations – Legislative History Overview which can be found at www.e-Laws.gov.on.ca.

1. (1) Clauses 5 (2) (a) and (b) of Ontario Regulation 153/04 are revoked and the following substituted:
(a) the person holds a licence, limited licence or temporary licence under the Professional Engineers Act;
(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;
(2) Subsection 5 (5) of the Regulation is revoked.
2. Section 5 of the Regulation is revoked and the following substituted:
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.
(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.
3. Part III of the Regulation is amended by adding the following section:
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.
4. (1) Subsection 1 (1) and section 3 come into force on April 1, 2008.
(2) Subsection 1 (2) and this section come into force on the day this Regulation is filed.
(3) Section 2 comes into force on October 1, 2009.

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