Brownfield Remediation

What is the fundamental issue?
Brownfield remediation is often hindered by legislative and regulatory restrictions that deter new investment in such sites.

I’m a REALTOR^®. What does this mean to me?
Brownfield redevelopment has a number of inherent business opportunities for Ontario’s REALTORS^®. To date, legislative and regulatory restrictions have prevented the redevelopment of many brownfield sites in Ontario. Specifically, uncertainties regarding legal liability have deterred many investors from developing brownfield sites.

Legislative/Regulatory Status/Outlook
In January 2007, the Government of Ontario introduced a suite of legislative reform proposals to facilitate brownfield redevelopment.

The proposed amendments to Ontario Regulation 153/04 would implement reforms made to the Environmental Protection Act (EPA) and the Ontario Water Resources Act in 2007. It would also update the site condition standards to reflect current science and introduce a streamlined generic risk assessment for brownfields sites.

OREA made a submission on Ontario Regulation 153/04 calling on the government to conduct an economic assessment on the impact of the proposed brownfield regulation on the real estate market

In addition, OREA noted that the province has not studied the impact of the proposed regulation on the broader provincial economy. OREA also noted that the proposed site condition standards will result in an increased number of properties being identified as “contaminated.” This will include not only industrial and commercial properties but also residential properties.

The Ministry of the Environment is reviewing submissions on Ontario Regulation 153/04 and will post the revised regulation at a later date.

OREA Position
OREA supports the easing of legislative and regulatory restrictions on the rehabilitation of brownfields. OREA also supports government policy that encourages rehabilitation of brownfields.

Last updated: May 19, 2009