CANADIAN REPORT
         

       
 

New Brownfield Remediation Funding Opportunity
New Ontario Brownfield Filing Requirements
Panel to Assess Nova Scotia Site

 

New Brownfield Remediation Funding Opportunity

In the 2005 budget, the Government of Canada contributed an additional $300 million to the Green Municipal Fund (GMF), $150 million of which is targeted to brownfield remediation. This allocation is a long-term source of funding intended to assist municipal governments through grants and loans.

Annual funding caps have been established, limiting the number of projects that will be supported each year. The Fund will use a competitive request for proposals (RFP) process to determine which projects best meet program goals and requirements.

The first RFP is for brownfield remediation, with up to $20 million in GMF low interest loans available. For GMF eligibility, a brownfield is defined as “an abandoned, vacant, derelict or underutilized commercial or industrial property where past actions have resulted in actual or perceived contamination and/or threat to public health and safety and where there is an active potential for remediation.”

The brownfield RFP intent to apply form, along with details of the RFP requirements and process, is available online. The deadline for completed intent to apply forms was October 14, 2005. Applicants will be notified if their intents to apply are accepted and asked to submit a detailed proposal that will be reviewed by a team of independent, third-party experts. This RFP will close on November 28, 2005.

There will be at least one RFP each year in the other GMF categories such as energy, waste, water, sustainable transportation, and integrated community planning. In addition to the brownfield remediation RFP, applications for grants for feasibility studies, field tests and sustainable community plans in all GMF categories will be accepted as of October 24, 2005. There is no closing date for these applications. BFN

New Ontario Brownfield Filing Requirements

As of October 1, 2005, owners of Ontario property are required to file a record of site condition before a property’s use is changed from an industrial, commercial, or community use to a more sensitive use, such as residential. Where there is a restriction on changing a property’s use, a record of site condition (RSC) will have to be filed before a building permit can be issued for the construction of a new building. These restrictions ensure that properties are safe to be used for a new sensitive use before construction begins or the new use is established.

The Brownfields Statute Law Amendment Act of 2001 provides clear rules and incentives for the redevelopment of brownfields. This legislation provides property owners with general protection from future environmental cleanup orders after they have appropriately cleaned up a site. This liability protection removes a key barrier to brownfield redevelopment.

This protection is contingent upon a record of site condition being filed. The framework and standards for voluntarily completing and filing an RSC came into force on October 1, 2004. An RSC is the key to knowing whether a site has been properly assessed and, if necessary, cleaned up.
In order to file an RSC in the Brownfields Environmental Site Registry, the property must have been properly assessed and shown to meet the soil and groundwater standards appropriate for the new use for the property. The detailed requirements for filing an RSC are set out in Ontario Regulation 153/04.

“By providing clear and environmentally sound rules to accelerate the cleanup of contaminated sites, we are delivering real, positive change to protect our environment and our health,” said Environment Minister Laurel Broten.

“Redeveloping brownfields is an important part of our government’s strategy to make Ontario communities stronger, healthier and more prosperous,” Broten said. “Returning these sites to productive use makes better use of existing infrastructure, revitalizes neighborhoods, protects the environment and helps curb urban sprawl.” BFN

Panel to Assess Nova Scotia Site

A three-person panel was established to review the proposal from the Sydney Tar Ponds Agency for the remediation of the Sydney Tar Ponds and Coke Oven sites in Nova Scotia.

The panel was established on the basis of an agreement signed by Nova Scotia Minister of Environment and Labour Kerry Morash and Stéphane Dion, the federal Minister of the Environment for Canada. The agreement sets out the rules for conducting the joint review process, the procedures for appointing panel members and the panel’s terms of reference. Under the agreement, the panel is expected to undertake a timely and efficient review of the project. Based on the timelines provided for in the agreement, the panel could submit its report to the ministers as early as the end of June 2006.

On August 30, the ministers released the final guidelines for the preparation of the environmental impact statement and provided them to the Sydney Tar Ponds Agency. The environmental impact statement is expected to be submitted to the joint review panel by December 30. BFN

 

 

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