1B – Brownfields 2018: Regulation, Liability & Best Practices


2018 Preliminary Course Description

This popular one-day compliance “clinic” provides an essential update to enable consultants, governments, proponents, developers, municipalities and environmental professionals to successfully navigate practical issues arising from the new rules governing contaminated sites, risk assessment and liability.

Course Chair

Janet Bobechko, Senior Partner, Certified Specialist (Environmental Law), Norton Rose Fulbright LLP


9:00 AM

Overview of the regulatory regime, review of current issues and status regarding new amendments to brownfields legislation

Ontario Regulation 153/04 – Records of Site Condition.


What’s new: Managing Excess Soil – Overview of the Proposed Excess Soil Regulatory Package

  • Ontario’s new excess soils regulation
  • Rules for bringing soil to a property where an RSC will be filed
  • Ontario’s best management practices policy and framework
  • Compliance and enforcement of excess soil management laws
  • Registry
  • Training outreach, education and certification: QP Certification and other incentives
  • Implications of the excess soil regulations on infrastructure

New developments in the Site and Risk Assessment regime

  • Phase I and Phase II ESAs
  • Changes from old RAs
  • Certification for property use
  • Risk management measures to prevent vapours from entering buildings
  • Land use control measures to ensure drinking water safety
  • Additional risk management options for capping a site
  • Health and safety and groundwater management plans
  • Using the new risk assessment submission form
  • Using soil vapour sampling to show that the site meets standards
  • Using new Ministry endorsed Toxicity Reference Values (TRVs)

Law, liability and due diligence: What site owners and consultants need to know

  • Case studies
  • Holding parties responsible for migration
  • Health aspects

Remediation revisited: What happens when remediation fails

Re-assessment of aging/failing remediation technologies.


Planning and Policy: Municipalities and Brownfield Development

  • Municipal responses to Ministry requirements
  • Impact on planning permissions
  • Risks for developers and municipalities

Case study illustrating new approaches to municipal issues


5:00 PM

End of session


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