BROWNFIELDS
BILL PASSES - IMPLEMENTATION WILL TAKE TIME
Bill 56 - the
Brownfields Statute Law Amendment Act, 2001, passed Third Reading
on October 31, 2001. It is unlikely to be proclaimed in force before
mid-2002 at the earliest, given the need for consultation and extensive
drafting of regulations.
The Bill will: regulate standards for contaminated site clean-ups;
create a public Environmental Site Registry; and exempt developers
and purchasers from future government clean-up orders once a property
clean-up is registered. Additional, statutory protection is included
for secured creditors, receivers and trustees and municipalities.
Municipalities will gain a uniform planning process, and will be able
to stimulate clean-up and redevelopment through tax relief and grants.
The Ministry of the Environment must meet deadlines when giving developers
approvals or refusals of risk assessments. The Bill will not limit
civil liability, nor limit regulatory liability for off-site contamination.
A number of regulations must be in place before the Bill is proclaimed
and takes legal effect. These include: regulations to adapt the Clean-up
Guideline; implement the Environmental Site Registry; deal with the
issue of "qualified person"; establish classes of persons
who may be able to share in the exemption from regulatory liability;
establish soil management standards; design forms, including certificates
for registration on title; and implement the tax incremental financing
provisions in the Municipal Act.
The passing of the Bill was not accompanied by any announcement of
provincial or federal funding programs to help municipalities stimulate
brownfield redevelopment. We hope that financial assistance and a
commitment to staff up the MOE will be forthcoming when the Bill is
proclaimed.
For legal
compliance advice or contaminated site transactions, call Donna
Shier at (416) 862-4822.
For response to regulatory investigations,
orders or prosecutions, call Doug Petrie at (416) 862-4835.
For contaminated land lawsuits, call
Marc McAree at (416) 862-4820.
Visit the Willms & Shier
Environmental Lawyers Online Compliance Centre to download the
Bill.
