ontario regulation 236/25

made under the

Environmental Protection Act

Made: October 23, 2025
Filed: October 23, 2025
Published on e-Laws: October 23, 2025
Published in The Ontario Gazette: November 8, 2025

Amending O. Reg. 153/04

(RECORDS OF SITE CONDITION — PART XV.1 OF THE ACT)

1. The definition of “Excess Soil Standards” in subsection 1 (1) of Ontario Regulation 153/04 is amended by striking out “November 19, 2019” and substituting “October 10, 2025”.

2. (1) The Regulation is amended by adding the following section:

Prohibition, submission for filing

11.1 (1) No owner of a property shall submit for filing in the Registry a record of site assessment in respect of the property if the following conditions apply:

1. The submission of a record of site condition for filing is not required in order for the person to be exempt under subsection 168.3.1 (2) of the Act from subsection 168.3.1 (1) of the Act.

2. The record of site condition that would be submitted for filing would be based solely on the completion of a phase one environmental site assessment.

3. No phase two environmental site assessment is required for the purposes of submitting the record of site condition for filing.

(2) Despite subsection (1), the prohibition in that subsection does not apply if the owner of the property submits to the Director a written declaration when submitting the record of site condition for filing in the Registry that the owner is submitting the record of site condition for filing voluntarily and not in order to comply with a requirement imposed on the owner by another person or body.

(3) Despite subsection (1), the prohibition in that subsection does not apply if the owner of the property submits to the Director a written declaration when submitting the record of site condition for filing in the Registry that the owner is submitting the record of site condition for filing in order to comply with a requirement imposed on the owner by another person or body and the requirement arose before the day this section comes into force.

(4) For the purposes of subsections (2) and (3), a requirement imposed on an owner by another person or body includes,

(a) a requirement imposed by a public body under a legal instrument issued by the public body; and

(b) a requirement arising from an agreement the owner enters into with another person or body.

(5) For the purposes of subsections (2) and (3), if the Director approves a form in which the written declaration must be submitted, the written declaration shall be submitted in that form.

(6) Despite subsection (1), the prohibition in that section does not apply if the owner of the property resubmits a record of site condition for filing, including in circumstances where the owner submits a new record of site condition as described in clause 168.4 (3.4) (a) of the Act after receiving a written notice from the Director under paragraph 1 of subsection 168.4 (3.1) of the Act.

(2) Subsection 11.1 (3) of the Regulation, as made by subsection (1), is revoked.

3. Subparagraphs 2 iv and v of subsection 15 (1) of the Regulation are revoked and the following substituted:

iv. The existing building envelope for the ground floor is to remain unchanged, other than a change related to,

A. accessibility for persons with disabilities, or

B. fire safety.

v. There will be no addition to the exterior portions of the building, other than an addition of an outdoor structure attached to an exterior portion of the building.

Commencement

4. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Subsection 2 (2) comes into force on the first anniversary of the day this Regulation is filed.