To Whom It May Concern, The…

To Whom It May Concern,

The City of Brampton (hereinafter referred to as ‘the City’) appreciates Ministry’s efforts in reducing regulatory burdens to support faster development of housing and other infrastructure.
The City requests clarification on the following proposed amendments outlined in the Environmental Registry of Ontario (ERO) posting number - 019-9310:
• “It is proposed that the RSC Regulation be amended to prohibit an RSC, that was not otherwise required by the EPA or RSC regulation, from being submitted for filing in the RSC registry if the RSC was prepared solely on the basis of a phase one ESA, meaning that no potentially contaminating activities or areas of potential environmental concern were identified for that property.
For example, if a municipality seeks to require an RSC to be filed as a condition of a site plan approval under the Planning Act, this would generally be prohibited if the RSC would be based solely on a phase one ESA.”
• “where an RSC is not otherwise required by the EPA or RSC Regulation, but a phase two ESA (or phase two ESA and risk assessment) was required to be prepared, an RSC may still be submitted for filing.”

o Please clarify if Municipalities cannot request RSCs for properties otherwise not required by EPA or RSC regulations as a condition of any planning approval under the Planning Act., including Subdivision Approval/Agreement, Land Conveyances and/or Parkland Dedications
o Can Municipalities still request an RSC (including for properties otherwise not required by the EPA or RSC regulation )to be filed as a condition of any planning approval under the Planning Act., where a Phase One ESA has recommended a Phase Two ESA and impacts have been identified on the proposed development lands or can it only be requested for lands with identified impacts and require a risk assessment instead of a complete remediation?
o Can Municipalities continue to exercise their rights as a future property owner and request an RSC for any land (i.e. non brownfields property) as a condition of acquisition/realty transaction through a condition of Agreement of Purchase and Sale with the vendor, which does not qualify as a transaction under the Planning Act.?

While we are seeking the above clarifications, we would also like to share our comments on the proposed amendments, based on local knowledge and experience:
• s. 18 of Ontario's Environmental Protection Act ("EPA") applies to any person who "owns or owned or who has or had management or control of an undertaking or property". A wide range of potential regulatory orders are likely, in addition to the possibility of civil claims. Such orders can be and are issued to municipalities frequently. Experience has also shown in the event of identified contamination, the loss in value of the impacted parties’ properties/assets, as well as the legal costs of the impacted party bringing the lawsuit against the landowner.
The RSC has served as an essential tool to receive limited regulatory liability protection for historic contamination.
• Municipalities assume responsibility for maintenance of all municipal services for the subdivision after approving the assumption of the subdivision. RSCs and other due diligence requirements set forth by the Municipalities are aimed at preventing elevated environmental risks, worker safety, or public health risks.
• Knowledge of Local area has shown potentially contaminating activities frequently taking place on sensitive land uses including farmlands. For example, industrial type activities on farmlands, that have not been permitted or approved, including waste buried on lands, stockpiling of contaminated fill under the basis of normal farming practice, improper storage of chemicals, fuels, etc. Although, ESAs are typically requested by Municipalities as part of Planning Approval review process, the quality of information presented in the ESAs is largely dependent on the consultant/qualified person hired by the Developers of such properties. Most often technically not sound reports, seem to add more time to the review process.
The City of Brampton would like to thank the Ministry of Environment, Conservation and Parks for the opportunity to provide feedback and comments on the proposed changes.

Reshma Fazlullah, M.Eng., L.E.L. (She/her)
Manager, Environmental Compliance
Environment & Development Engineering Division
Planning, Building and Growth Management Department
City of Brampton
M: 416.848.5350
reshma.fazlullah@brampton.ca