519 672 2121
Close mobile menu

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.

News & Views

Blog

The more you understand, the easier it is to manage well.

View Blog

Important changes to automobile insurance

On October 16, 2024, the Ontario Government confirmed an amendment to the Insurance Act, and…

Privacy pulse: Addressing Google’s Monopoly; Apple told TikTok to raise its Age Rating; and Cyber Risks for AI Guidance and Enforcement

The Siskinds Privacy, Cyber and Data Governance team is focused on providing businesses and …