Building Experts Canada Ltd

Record of Site Condition (RSC)

In 2004, the Ontario Ministry of the Environment enacted Ontario Regulation 153/04 under the Environmental Protection Act to require a Record of Site Condition. When land use changes from a less sensitive use to a more sensitive use (e.g., when industrial or commercial lands are proposed to be converted to residential or parkland use, the more sensitive use must be considered.

A Record of Site Condition (RSC) sets out the environmental condition of a property at the time of the environmental assessment, based on its intended use. Under Part XV.1 of the Environmental Protection Act, a property owner may file a Record of Site Condition (RSC) on the Registry if the applicable standards are met for soil, ground water and sediment, if any. Section 168.3.1 of the Environmental Protection Act requires the filing of a Record of Site Condition (RSC) in the Registry prior to a change in property use from a commercial or industrial use to a residential or parkland use or other change in use specified by regulation. Section 168.3.1 has been included in Part XV.1 of the Environmental Protection Act  to ensure that properties being converted to a more sensitive use meet the appropriate standards. Ontario Regulation 153/04 includes details of the types of property use changes affected by this mandatory filing provision. It is expected that many municipalities will continue to identify other circumstances requiring the filing of a Record of Site Condition (RSC).

The mandatory filing provisions of Section 168.3.1 of the Environmental Protection Act are linked to the Building Code Act, 1992 by requiring that a Record of Site Condition (RSC) be filed before construction, if the building will be used in connection with the regulated change in use. This means that a building permit cannot be issued in relation to the regulated changes in property use (e.g. from industrial use to residential use) until a Record of Site Condition (RSC) is filed for that property. Subsection 11(2) of Ontario Regulation 153/04 stipulates that the term “change in use” does not include a reference to a change in the zoning of the property under a municipal by-law. A change in use therefore refers to a change in the actual use of the property

Section 168.3.1 of the Environmental Protection Act  and Ontario Regulation 153/04 require that a Record of Site Condition (RSC) must be filed before a change in use is allowed when there is a change (in all or in part of the property) from an industrial, commercial or community property use to residential, institutional, parkland or agricultural or other property use

Municipalities review the provisions of each planning mechanism under the Planning Act, to determine if and how a Record of Site Condition (RSC) requirement can be imposed during a development review and approval process

The amended Ontario Regulation153/04 requires that Environmental Site Assessment reports must be completed within 18 months of the submission of the Record of Site Condition (RSC) or the commencement of the Environmental Site Assessment. Furthermore, the Phase 1 Environmental Site Assessment must conform to the specific objectives and requirements for the components of the assessment and Phase 1 Environmental Site Assessment Report set out in Parts VI, VII, VIII and Schedule D of the regulation.

As described by Ontario Regulation 153/04— Part XV.1 of the Environmental Protection Act, amended by Ontario Regulation 511/09, Ontario Regulation 245/10, Ontario Regulation 179/11 and Ontario Regulation 269/11,
Phase 1 Environmental Site Assessment is comprised of:

• Collection of Records & Research including ERIS Report, Aerial Photographs, Title Search, Municipal Directory Search, and Fire Insurance Plans, Review of Historical land use, Public Databases and Records, Previous Environmental Reports, Environmental Source Information, Physical Setting Sources, Site Operating Records;
• Visual assessment of the site and neighboring properties up to 250 m around the subject property boundaries with identification of any potentially contaminating activities, including identification of any liquid or chemical storage (i.e. tanks), staining, potential contaminant transport pathways, site photographs;
• Interviews with key site manager and relevant personnel, and determination of possible impacts from former and current on-site and/or off-site operations;
• Locating on-site underground public and private utilities;
• Compilation of a Conceptual Site Model that is based on available environmental information;
• Evaluation of the requirement for Phase 2 Environmental Site Assessment, including recommended locations for subsurface investigations at areas of potential environmental concern, if necessary, and
• Reporting.

Our cost of carrying out the Phase 1 - Environmental Site Assessment as per Ontario Regulation 153/04 Records of Site Condition — Part XV.1 of The Environmental Protection Act, amended by Ontario Regulation 511/09, Ontario Regulation 245/10, Ontario Regulation 179/11 and Ontario Regulation 269/11  in Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (Town of Richmond Hill), Whitchurch - Stouffville (Town of Whitchurch-Stouffville), King (Township of King). is $5,990.

Phase 2 Environmental Site Assessment involves sampling and testing of materials considered to be possible instances of environmental contamination, based on the findings and recommendations of a Phase 1 Environmental Site Assessment  or other investigation. The project fulfills the scope of a ‘Reconnaissance’ type investigation in which conditions are unknown, and the aim is to confirm or refute the presence of Contaminants of Potential Concern in, on or under the subject property. Normal environmental assessment protocol reserves a detailed investigation for a subsequent phase if the reconnaissance/delineation survey indicates a requirement for further contaminant delineation.

The scope of the Phase 2 Environmental Site Assessment is based on the findings and recommendations of the Phase 1 Environmental Site Assessment, and it generally consists of the following:

• Establish current and proposed uses of the property, and applicable site condition standards for soil, groundwater and sediment, including submission to the Municipality of a notice of intention to apply the non-potable groundwater site condition standards;
• Review of physical settings and past environmental investigations;
• Field Program consisting of drilling boreholes, installation of monitoring wells, excavation of test pits (if necessary), soil and low flow groundwater sampling, and elevations survey;
• Laboratory Testing Program including testing of soil sample(s) for Volatile Organic Compounds (VOCs), Petroleum Hydrocarbons (PHCs) in four fractions F1-F4, Metals, Polycyclic Aromatic Hydrocarbons (PAHs), Soil pH, Electrical Conductivity (EC) and/or Sodium Adsorption Ratio (SAR) and grain size, and testing of groundwater sample(s) for Volatile Organic Compounds (VOCs), Petroleum Hydrocarbons (PHCs) in four fractions F1-F4, Metals, Polycyclic Aromatic Hydrocarbons (PAHs)
  
• Data Evaluation, including presentation of location and concentration of contaminants at the property (if encountered), and compliance with site condition standards;
• Compilation of a Conceptual Site Model that is based on available environmental information; and
• Reporting.

Descriptions of soil types will be recorded, and samples will be collected at approximately 0.6 m intervals. Representative soil and groundwater samples from each borehole or monitoring well will be analyzed for Volatile Organic Compounds (VOCs), Petroleum Hydrocarbons (PHCs) in four fractions F1-F4, Metals, Polycyclic Aromatic Hydrocarbons (PAHs), soil pH, Electrical Conductivity (EC) and/or Sodium Adsorption Ratio (SAR). Following samples’ analysis, we will present recommendations based on all available information.

The legislative requirements for completing and filing a Record of Site Condition (RSC) are set out in Part XV.1 of the Environmental Protection Act, as set out in Ontario Regulation 153/04. The type of information to be contained in a Record of Site Condition (RSC) includes a site description, property ownership and property use, site assessment information, the standards that were applied to the site, certification statements and a description of any site remediation/cleanup activities. In addition to this information, supporting documentation for the submitted Record of Site Condition (RSC) such as a legal survey and a copy of the deed for the property are also required.

A Record of Site Condition (RSC) must include the following types of certifications made by the property owner:

• The owner has conducted reasonable enquiries for information relevant to the Record of Site Condition (RSC) and has disclosed this information to the Qualified Person.
• The owner acknowledges the Record of Site Condition (RSC) is being filed in a public registry and the registry contains a notice advising the public to consider conducting their own due diligence with respect to the environmental condition of the property.
• The certification statements made by the owner are true.

A Record of Site Condition (RSC) must include the following types of certifications made by the qualified person who assessed the site:

• There is no evidence of any contaminants on the property that would interfere with the property use.
• If non-potable site condition standards have been used for the site, the municipality does not object to their use.
• The opinions expressed by the Qualified Person are engineering or scientific opinions.
• The qualified person acknowledges the Record of Site Condition (RSC) is being filed in a public registry and the registry contains a notice advising users of the registry to consider conducting their own due diligence with respect to the environmental condition of the property.
• The certification statements made by the qualified person are true. 

Modified Generic Risk Assessment (MGRA)  - an amendment to Ontario Regulation 153/04 - provides quicker and  cost-effective approach to obtain a Record of Site Condition for redevelopment on a contaminated property with on-going risk management measures in place.

Where a Record of Site Condition has been submitted to the Ministry of the Environment, the Ministry of Environment reserves the right to place a Certificate of Property Use (CPU) on a Record of Site Condition. A Certificate of Property Use (CPU) includes a of risk management measures identified through Record of Site Condition Assessment.   Certificate of Property Use (CPU) prevents and limits the usage of the property in order to protect health and safety of the public and is registered on title of the property.  Certificate of Property Use (CPU) which requires the property owners and occupants to take proper action to:

•     Prevent or eliminate any problems with contamination on the property;
•     Monitor contamination; and/or
•     Follow specified use or restrictions set out in the Risk Assessment.

If a Certificate of Property Use (CPU) is registered on the title of a property, future property owners, municipal officials, and occupants of a property will be aware of any property use restrictions, building restrictions or equipment installation required to be sure that contaminants remaining on a site meet the Ministry of the Environment Guidelines.

Our cost of carrying out the Phase 2 Environmental Site Assessment work as per Ontario Regulation 153/04 Records of Site Condition Part XV.1 of The Environmental Protection Act, amended by Ontario Regulation 511/09, Ontario Regulation, 245/10,Ontario Regulation 179/11 and Ontario Regulation 269/11 - which is suitable for filing a record of site condition and/or to submit with a building permit application is $9,950 plus $1,665 per borehole

^{Drilling inside a building may cost additional $900.}

^{We provide Record of Site Condition RSC Submission in Ontario including Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (Town of Richmond Hill), Whitchurch - Stouffville (Town of Whitchurch-Stouffville), King (Township of King).}

Our fee for Filing for Record of Site Condition is  $1,975.

After a completed Record of Site Condition is submitted, the Ministry of Environment will have 30 business days to review the Record of Site Condition submission.

We provide Record of Site Condition RSC Submission in Ontario including Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (Town of Richmond Hill), Whitchurch - Stouffville (Town of Whitchurch-Stouffville), King (Township of King).

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