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