The document summarizes Ontario's brownfield regulatory update. It discusses amendments to Regulation 153/04 governing brownfield remediation that came into effect in December 2009. Key changes include more transparent environmental site assessments, a streamlined risk assessment process, and updated soil and groundwater standards. Further amendments are proposed to improve standards, clarify policies around wells, contaminated activities and properties with no remaining soil. The Ministry of the Environment is preparing guidance materials and conducting education sessions to support implementation of the updated regulations by July 1, 2011.

1. Ministry of Municipal Affairs and Housing
Ministère des Affaires municipales et du Logement
Ontario Brownfield Regulatory
Update
ONEIA Brownfields/Remediation
Forum
March 3, 2011

2. Brownfield Framework
▪ Ontario is committed to facilitating brownfield redevelopment
to both safeguard the health of Ontarians and provide
economic opportunities.
▪ Brownfield redevelopment supports the provincial
government’s direction, including intensification, employment
and environmental protection under:
 Growth Plan for the Greater Golden Horseshoe
 Provincial Policy Statement.
▪ Remediation of brownfield sites is governed by the
Environmental Protection Act and O. Reg 153/04.
 O. Reg 153/04 was amended in December 2009.
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3. Brownfield Regulations - Overview
▪ Extensive consultations were undertaken starting in 2007 on
amendments which affect four main areas:
1. New Phase I and Phase II Environmental Site Assessment (ESA)
and Record of Site Condition (RSC) procedures  more
transparency and integrity.
2. New streamlined (tier 2) risk assessment  timelier and more
cost-effective alternative to meeting generic standards.
3. Updated soil and groundwater standards  to reflect advances in
science, approximately 120 chemicals were updated.
4. Variable standards for quality of soil brought to RSC properties.
▪ Most of the amendments will come into effect on July 1, 2011.
▪ Transition rules allow the use of existing standards (up to Jan 1, 2013)
for projects significantly underway prior to Jan 1, 2011.
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4. Proposed Further Amendments
▪ Proposed further amendments were posted to the EBR on Feb 25 (#11-2347).
▪ Reflects issues identified by stakeholders and ministry staff, including:
Make improvements (e.g. sodium equivalent to chloride and PHC background
1. Standards
standards) and correct errors
2. Approved
Correct errors and alignment with regulation
Model
3. Wells Clarify intent of policy in relation to non-potable situations (ie dewatering wells)
4. PCA List Clarify intent of policy related to potentially contaminating activities (PCA) list
5. No soil on
Clarify requirements where no soil remains following excavation or remediation
property
6. Arenas Apply appropriate standards and better align with similar occupancies
▪ Some issues could warrant regulatory amendments prior to July 1, 2011.
▪ Guidance and Qs and As would also be used to clarify some of these issues.
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5. Brownfield Regulations -
Implementation
Next steps on implementation of the regulatory amendments include:
Preparation of Guidance
▪ The Ministry of the Environment (MOE) is preparing a series of Guidance
documents, Technical Bulletins, Fact Sheets and FAQs.
▪ Guidance Document Review Reference Group.
Delivery of Education and Outreach: On track for July 1, 2011
▪ MOE, with the assistance of MAH, has held and attended several sessions
targeting key organizations and sectors including Ministry staff, Qualified
Persons, Site Developers, lenders, and municipalities and other
governmental agencies.
▪ These sessions are on-going and will continue through to July 1, 2011.
▪ MAH is working with stakeholders to identify opportunities participate
additional outreach.
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6. Other Provincial Activity
▪ MAH is developing Community Improvement Plan
resources:
 Summary table of municipal CIP’s with brownfield
provisions – posted Feb 17
 Trends Analysis document – in development
 Internet “Symposia” for municipal staff – in
development.
▪ Several PanAm Games sites are brownfields:
 West Don Lands Athletes Village, Scarborough
Aquatics Centre
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