O. Reg. 274/20: RECORDS OF SITE CONDITION - PART XV.1 OF THE ACT
filed June 12, 2020 under Environmental Protection Act, R.S.O. 1990, c. E.19Skip to content
ontario regulation 274/20
made under the
Environmental Protection Act
Made: June 11, 2020
Filed: June 12, 2020
Published on e-Laws: June 12, 2020
Printed in The Ontario Gazette: June 27, 2020
Amending O. Reg. 153/04
(RECORDS OF SITE CONDITION - PART XV.1 OF THE ACT)
1. Ontario Regulation 153/04 is amended by adding the following section:
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.
(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 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.
2. (1) The Regulation is amended by adding the following Schedule:
Requirements for Soil re paragraph 2 of subsection 55 (3) of the Regulation
1. (1) This Schedule sets out the requirements for the purposes of paragraph 2 of subsection 55 (3) of the regulation for determining whether soil described in subsection (2) of this section meets the standards set out in Table 1 of the Soil, Ground Water and Sediment Standards with respect to all contaminants in the soil.
(2) Subsection (1) applies to soil that,
(a) originated at a property other than the one to which it is to be brought;
(b) is intended to be brought to an RSC property that is an RSC property for which a record of site condition may be submitted solely based on a phase one environmental site assessment; and
(c) is intended to remain at the RSC property after a record of site condition has been filed.
2. A qualified person shall ensure that the following requirements are met:
1. The concentration of each contaminant in the soil to be brought to the RSC must be equal to or lesser than the standard for the contaminant set out in Table 1 of the Soil, Ground Water and Sediment Standards.
2. Samples must be collected from the soil to be brought to the RSC property.
3. The samples must be analyzed in accordance with this section, and the concentrations of contaminants in the soil when it is to be brought to the RSC property must be known, before any soil is brought to the RSC property in order to determine what contaminants are in the soil, and whether the standards referred to in paragraph 1 are met for each contaminant in the soil.
4. The samples that are collected and analyzed must be,
i. representative samples collected for the purpose of determining the concentration of contaminants in the soil to be brought to the RSC property and at locations and frequencies which will be adequate to allow the concentrations of contaminants in the soil to be known,
ii. collected by the qualified person, or under the supervision of the qualified person by an individual qualified to take samples for such purpose, following a plan determined by the qualified person to collect samples at locations and frequencies which will be adequate to allow the concentrations of contaminants in the soil to be known, and
iii. collected for the purpose of determining if contaminants are present in the soil as a result of any potentially contaminating activity or other environmental condition,
A. at the property from which the soil originated while the soil was there,
B. at any property at which the soil has subsequently been stored while the soil was being stored at that property, and
C. while the soil was being handled, stored or transported at any time before its final placement on, in or under the RSC property.
5. The samples must be analyzed for contaminants that may reasonably be expected to be present in the soil, having regard to,
i. the property from which the soil was taken before being brought to the RSC property,
ii. the handling of the soil, including its storage and transport, following its original excavation, and
iii. any other relevant factors, including potentially contaminating activity.
6. The samples of the soil must be collected and selected for analysis so as to obtain representative results that locate any areas in the soil being sampled where a contaminant may be present at a concentration greater than the standard in Table 1 of the Soil, Ground Water and Sediment Standards for the contaminant and at least one soil sample must be analyzed for each 160 cubic metres of soil for the first 5,000 cubic metres to be assessed at each source from which soil is being brought to the RSC property, following which at least one sample for each additional 300 cubic metres of soil which is to remain on, in or under the RSC property must be analyzed.
7. Analysis of the samples referred to in paragraph 6 is carried out at an accredited laboratory.
Application of Schedule E, etc.
3. (1) The provisions of Schedule E and sections 47 and 48 of the regulation applicable to the collection and recording of samples of soil and the methods of sampling, analysis of samples and reporting of analytical results apply with necessary modifications to the determination of whether soil to be brought to the RSC property meets the standards set out in Table 1 of the Soil, Ground Water and Sediment Standards for the contaminants in the soil.
(2) For purposes of subsection (1), the applicable provisions include the requirements for sampling and analysis for the purpose of determining whether a standard for a contaminant set out in Table 1 of the Soil, Ground Water and Sediment Standards has been met.
(3) The qualified person shall ensure that a document which meets the requirements of Sub-Heading (i) (Soil Brought to the Phase Two Property) in Heading (c) (Soil Excavated at or Brought to the Phase Two Property) in Report Section 10 (Appendices) of Table 1 of Schedule E is prepared with respect to the sampling and analysis of soil brought to the RSC property.
(4) For the purposes of subsection (3), the sub-heading described in that subsection shall be read as follows:
1. References to section 32 are deemed to be references to section 2 of this Schedule.
2. References to “phase two property” are deemed to be references to the “RSC property”.
3. References to “applicable site condition standard” are deemed to be references to “standard set out in Table 1 of the Soil, Ground Water and Sediment Standards”.
(2) Schedule F to the Regulation, as made by subsection (1), is revoked.
3. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Subsection 2 (2) comes into force on the later of January 1, 2021 and the day this Regulation is filed.