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Brownfields Statute Law - Bill 56 Backgrounder

Brownfields Regulation has been amended!

A draft regulation made under the Environmental Protection Act to amend Regulation 153/04 was filed with the Registrar of Regulations on March 31, 2008 and published on e-Laws on April 1, 2008.

The amendments to Regulation 153/04 that came into effect on April 1, 2008, revised the list of qualified persons to define a qualified person as a person who “holds a licence, limited licence or temporary licence under the Professional Engineers Act”, or a person who “holds a certificate of registration under the Professional Geoscientists Act, 2000 and is a practising member, temporary member or limited member of the Association of Professional Geoscientists of Ontario”. Previously, PEO limited licence holders had been explicitly excluded from the list of qualified persons, who are authorized under the regulation to conduct or supervise phase one and phase two environmental site assessments, and certify records of site condition.

The amendment to Regulation 153/04 that comes into effect on October 1, 2008 will revoke the list of qualified persons in Regulation 153/04, so that the only qualified persons after that date will be PEO and APGO licensees.

The following is a summary of PEO's involvement with the Brownfields legislation, along with the Association of Professional Geoscientists of Ontario.

February 22, 2008 - Letter to Tim Krsul, Senior Policy Analyst, Ministry of the Environment, Integrated Environmental Planning Division Land and Water Policy Branch :Re: EBR Registry Number 010-2364, Proposal to amend Ontario Regulation 153/04 – Records of Site Condition – Part XV.1 of the Environmental Protection Act (EPA)

August 16, 2006 - Letter to Chris Lompart, Manager (A) Land and Water Policy Branch, Ministery of the Environment, Re:EBR Registry Number RA6E0009; and Proposal to amend Ontario Regulation 153/04 - Records of Site Condition - Part XV.1 of the Environmental Protection Act (EPA)

August 9, 2006 - Letter to The Honourable Laurel Broten, Minister of the Environment & Kelly Charnetski, Senior Policy Adviser-Land, from Patrick Quinn, P.Eng., Re: Our July 26, 2086 Meeting

July, 11, 2006 - Letter to: Mr. Robert Merrick, Manager, Public Affairs, Brown, Cohen Communications & Public Affairs,from John Wilkinson, MPP, Parliamentary Assistant for/The Honourable Laurel Broten, Minister of the Environment Re: e-mail of June 8,2006 to Mr. Linley

November 25, 2004 - Letter to the Honourable Leona Dombrowsky, Minister of the Environment, Re:Thank you for your letter of September 27,2004 requesting clarification for the omission of limited license holders as qualified persons for the purpose of supervising environmental site assessments and certifying records of site condition under Ontario Regulation 153/04.

October 8, 2004 - Letter to the Honourable Leona Dombrowsky, Minister of the Environment, Re:Outlining Ministry's accomplishments and leadership over the past year.

September 27, 2004 - Letter to the Honourable Leona Dombrowsky, Minister of the Environment, Re: Ontario Regulation 153/04 - Seeking further clarification of, and justification for, the regulatory shortcomings brought about by the Regulation.

August 10, 2004 - Letter from the Honourable Leona Dombrowsky, Minister of the Environment to Kim Allen, Re: Ontario Regulation 153/04.

June 14, 2004 - Letter to the Honourable Leona Dombrowsky, Minister of the Environment, Re: Ontario Regulation 153/04 - Records of Site Condition - Part XV.1 of the Environmental Protection Act.

March 15, 2004 - Letter to the Honourable Leona Dombrowsky, Minister of the Environment, Re: Importance of the Qualified Person Designation and Public safety Draft Regulation Relating to the Filing of a Record of Site Condition (RSC) White Paper on Watershed Source Protection Planning.

February 10, 2004 - Letter to Ms. Nicola Crawhall, Policy Advisor, Ministry of the Environment, Re: Brownfields Regulations.

January 28, 2004 - Letter to Leona Dombrowsky, Minister of the Environment regarding Brownfields draft regulation.

May 1, 2003 - PEO writes letter to the Attorney General, with copies of the submissions of the Association of Professional Geocientists (APGO) and the Canadian Bankers Association

April 30, 2003 - Covering letter to the Attorney General Norman Sterling, P.Eng. LLB that was sent with the April 25 submission

April 25, 2003 - PEO writes to to Chris Lompart, Ontario Ministry of the Environment Program and Development Section commenting on the proposed Brownfields Draft Regulation - Relating to the Filing of a Record of Site Condition, which has been reviewed by members of our Environment Committee.

March 14, 2003 - PEO writes to Attorney General Norman Sterling, P.Eng., LLB, requesting an immediate meeting to discuss the draft Regulation.

March 10, 2003 - The joint PEO/APGO Brownfields Working Group, a subcommittee of the EVC, meets to discuss PEO's response to the EBR Registry posting, and to assign responsibilities for drafting a response.

February 28, 2003 - Brownfields Draft Regulation - Relating to the Filing of a Record of Site Condition, EBR Registry Number RA03E0002.

PEO also meets with Attorney General David Young to brief him on the situation and understands that he will communicate directly with Minister Stockwell on the conflict with the Professional Engineers Act if a QP is defined as other than a P.Eng. or a P.Geo.

December 5, 2002 - PEO writes to Environment Minister Chris Stockwell's Policy Advisor, Jasmine Igneski, providing her with a complete chronological history of PEO's involvement with Bill 56. A similar binder had been provided to John Twohig, Senior Counsel, of the Office of the Attorney General for his reference.

November 11 and 18, 2002 - PEO sends comments to MOE on draft Record of Site Condition and forwards comments to the Ministry from insurance industry.

November 1, 2002 - President Braddock writes to Brian Nixon to confirm PEO's position on the necessary qualifications of a QP.

October 30, 2002 - A joint meeting is held with Brian Nixon and his staff with PEO President Richard Braddock and EVC representatives, including APGO representatives. The meeting was to clarify PEO's position that the two existing statutes (P.Engs and APGO Acts) provide the only vehicles for public accountability required to effect Bill 56. Furthermore, the meeting again puts on record that, as written in Bill 56, a QP would be practising professional engineering and/or professional geoscience.

September 5, 2002 - Joint response from PEO and APGO to questions posed in an MOE discussion paper concerning the need for a QP to be a licensed practitioner. (Appendix)

June 11, 2002 - Response from Brian Nixon was non-committal with no indication on the acceptance by Ministry staff that a QP needs to be a licensed practitioner.

May 10, 2002 - A joint letter signed by the presidents of both PEO and APGO to Brian Nixon asks the following two questions:

  • Is the Ministry's intention to define a QP as a licensed P.Eng. and/or P.Geo?
  • Is the Ministry's desire to avoid creating a separate regulatory framework and to make use of the legislative instruments available in the two Acts, to maximize fulfillment of the Ministry's public policy objectives relating to environmental site assessment and remediation?

November 2, 2001 - Brownfields Statute Law Amendment Act, 2001, receives Royal Assent.

August 31, 2001 - PEO/APGO make a presentation to the Standing Committee on General Government to reiterate our position.

June 15, 2001 - In response to the Environmental Bill of Rights Registry posting for Bill 56 (The Brownfields Statute Law Amendment Act), PEO and the Association of Professional Geoscientists of Ontario (APGO) send a joint submission under the signatures of the presidents of both organizations to MOE staff.

The main points were:

  • Qualified Persons should be provincially licensed;
  • PEO/APGO will jointly develop a recommended regime to identify and qualify individuals as QPs;
  • PEO/APGO will be required to maintain a public register to identify QPs.

April 2001 - At PEO's AGM in April 2001, Council accepts a proposal from EVC on its working with MOE on the subject and passes motions that:

  • EVC be directed to define in consultation with relevant stakeholders a scope of practice and the requisite qualifications of professional engineers practicing in this area;
  • EVC, in consultation with the Academic Requirements Committee, Experience Requirements Committee and other stakeholders, be directed to propose an appropriate certification protocol for determining the qualifications of professional engineers in this area for approval by Council at its earliest opportunity.

December 18, 2000 - Brian Whiffin, P.Eng., chair of EVC, sends a letter to Brian Nixon, Director, Land Use Policy Branch of the MOE, outlining PEO's mandate and what it can offer for public protection in this area. The involvement of professional geoscientists is also introduced.

November 1, 2000 - Members of PEO's Environment Committee (EVC) attend a Brownfields Policy Review meeting organized by:

  • Ministry of Municipal Affairs and Housing (MMAH);
  • Ministry of Economic Development and Trade (MEDT); and
  • Ministry of the Environment (MOE).

PEO's comments were:

  • Significant part of site assessment and remediation is the practice of engineering;
    PEO is responsible by law for the qualifications and competencies of P.Engs.;
  • PEO will work with MOE to provide assurances through our Act;
  • Having a P.Eng. sign the Record of Site Condition (RSC) provides public accountability and assurance.

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