Waterfront Toronto (WT) is…

Waterfront Toronto (WT) is supportive of the proposed amendments, and suggests that the prohibition on non-mandatory RSC submissions could be expanded. We anticipate that the subset of RSC submissions that are supported only by a Phase One ESA is quite limited, and that prohibiting these RSC submissions would not have a significant impact on reducing impediments to brownfield redevelopment, freeing up Ministry resources or expediting timelines for mandatory RSC submissions.

Our suggestion is that the Ministry consider expanding the proposed prohibition on the filing of RSCs to include a broader scope of submissions that are not required under Part XV.1 of the EPA. For example, submissions mandated solely by municipal planning requirements where there is no change to a more sensitive land use or being conducted as part of real estate due diligence could be replaced by alternative review procedures (either with or without direct Ministry involvement) rather than following the current RSC framework. The current approach of filing non-mandatory RSCs in these circumstances positions the Ministry as a de facto reviewer working without compensation on behalf of municipalities or transacting parties, and is a diversion of resources from review and expediting of RSC submissions where they were required and intended by the EPA and O. Reg. 153/04. The use of mechanisms such as the City of Toronto's Harmonized Peer Review Process or analogous processes could substitute for RSC submissions where there is not a change to a more sensitive land use. Similarly, a standardized peer review process could be established to support transaction due diligence without the need for RSC submissions.

Regarding the proposed expansions of RSC exemptions applicable to commercial building conversions, WT is supportive of this initiative.