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April 13, 2021

The Ministry of the Environment, Conservation and Parks (MECP) has finalized regulatory amendments to O. Reg. 153/04 (Records of Site Condition) related to ground water sampling at sites that no longer have soil to be sampled and that meet a range of other prescribed conditions. The amendments support commitments in the Made-in-Ontario Environment Plan to remove barriers to redevelopment and revitalization of brownfields in a way that continues to be protective of human health and the environment.

The amendments allow a qualified person (a professional engineer or professional geoscientist), to use their professional judgement to assess the need for ground water sampling. This discretion is limited to sites required to complete a phase two environmental site assessment in order to file a record of site condition, where all the soil down to the bedrock surface was removed from the site without adequate soil sampling being completed.

Previously, O. Reg. 153/04 required the sampling and analysis of ground water as part of the site assessment.  In accordance with the new amendments and other ministry conditions, ground water sampling is not necessary provided a qualified person submits a written rationale that considers factors such as the types of contaminants present, the type of soil and the type of bedrock geology and stating that they believe the ground water meets applicable standards. To ensure ground water sources stay protected, along with other ministry conditions, the existing ground water testing will still be required on sites that:

• use ground water as drinking water or for agricultural purposes;
• are located in a designated well-head protection area; and
• are within 30 meters of a surface water body. 

MECP appreciated the input it received on the regulatory amendments and have made revisions based on what they heard.  For example, a restriction was added that the use of "professional judgement" cannot be applied at sites in well-head protection areas as defined in the Clean Water Act, 2006. 

For more information on the amendments, please visit the Environmental Registry posting at https://ero.ontario.ca/notice/019-0987.  Guidance material will be available through this notice posting in the coming weeks.

Questions or comments regarding the amendments can be directed to Sanjay Coelho, Senior Policy Analyst, Environmental Policy Branch at 437-770-1249 or mecp.landpolicy@ontario.ca.