In Ontario, for example, under O.Reg. • completing a record of site condition (Section 9.0); • filing and viewing records of site condition on the Environmental Site Registry (Section 10.0); • when it is mandatory to file a record of site condition (Section 11.0); and • liability protection from orders provided for property owners who file a record of RSC’s can be publically viewed and searched for on the following registry (https://www.ontario.ca/environment-and-energy/records-site-condition).

These amendments are found in Records of Site Condition (Regulation 153/04) (the "Regulation").

if a past owner wants to benefit from the statutory protection of an RSC, the agreement of purchase and sale must contain a specific covenant requiring the purchaser to file an RSC. A Record of Site Condition (RSC) sets out the environmental condition of a property at a particular point in time, based on its intended use. Record of Site Condition 1REPORT AND FORM INFORMATION Title of report Report date (dd-mon-yyyy) Record of Site Condition (RSC) ID No.Ψ 2 SITE IDENTIFICATION and Physical Location 2.1 Site name 2.2 Address of site Municipality Alberta 2.3 Legal land description of site (if multiple, list all.) The RSC must be completed by a Qualified Person (as defined in O. Reg. A Risk Assessment is the development of site specific standards for a property, and is typically completed when there is contamination on site and there are economical or physical restrictions for remediation. a Phase Two ESA, is required. Record of Site Condition Records of Site Condition – What is it and who needs one. Before filing an RSC, the property must be properly assessed and shown to meet the soil, sediment and groundwater standards applicable to the intended use for which the RSC is being filed. Practical Considerations for Private Placements, it applies only to administrative orders under sections 7, 8, 12, 17, 18, 97, 157 and 157.1 of the. A common question we get at G2S, is “what is a Record of Site Condition (RSC)?” A RSC is filed with the Ministry of the Environment and Climate Change (MOECC) and summarizes the environmental condition of a property at a particular time, based on the completion of environmental site assessments (ESAs). The RSC may also include remedial work to address any contamination and/or a Risk Assessment. A Record of Site Condition (RSC) sets out the environmental condition of a property at a particular point in time, based on its intended use.

product recall and regulatory compliance services, document preservation/destruction crisis service, structured finance, securitization and derivatives, real estate acquisitions and divestitures, unilateral conduct and distribution practices, international economic and trade sanctions, freedom of information and access to information, bondholder, ad hoc committee and indenture trustee representations, white collar defence and government investigations, automotive manufacturers and distributors, private equity - buyouts & venture capital investment, The Intersection between Drop-Shipping and Patent Infringement, OSFI's New Draft Guideline E-4 Relating to Foreign Entity Branches: A Comparative Analysis to Existing Guidance, Raising Capital in Mining? Records of Site Condition and Regulatory Closure Every province has its own process of demonstrating the environmental condition of a property. 153/04 (as amended), a Record of Site Condition (RSC) sets out the environmental condition of a property at a particular point in time, based on its intended use.

When the MOECC has provided their approval, the RSC is filed. 153/04). For example, a developer who purchases a property currently being used as an automotive repair shop with the intent of redeveloping the property as a residential building, would be required to file a RSC. A Qualified Person prepares the RSC.

A notice that the Ministry intends to conduct a technical review before the RSC can be filed. Once an RSC is filed, it provides protection from some environmental cleanup orders for property owners who want to redevelop a brownfield site. Voluntary Records of Site Condition On October 1, 2004, amendments came into effect which provide new protection for environmental liability and new clean-up standards. https://www.ontario.ca/environment-and-energy/records-site-condition.

This article deals with some common pitfalls to avoid when making a record of site condition (RSC) submission.

it does not apply to emergencies or off-site migration; it is not retroactive; it applies only to the person who filed the RSC or a subsequent owner of the property; and. An RSC must be filed to the Brownfields Environmental Site Registry when a property use changes from an industrial to a residential use. A common question we get at G2S, is “what is a Record of Site Condition (RSC)?”  A RSC is filed with the Ministry of the Environment and Climate Change (MOECC) and summarizes the environmental condition of a property at a particular time, based on the completion of environmental site assessments (ESAs). The form is a summary document to track major environmental characteristics for an assessed site. Residential land use standards for soil and groundwater are more stringent than commercial/industrial standards, and consequently the completion of ESAs are required to ensure that a property meets the appropriate standards. In April 2009, Alberta Environment released the revised Record of Site Condition form (RSC), which must accompany all Phase 2 environmental site assessment reports, remediation reports, and risk management plans submitted to the Department. Most commonly, a RSC is required when changing the land use (zoning) of a property to a more sensitive land use. This part of the registry includes RSCs filed since July 1, 2011. An RSC must be filed to the Brownfields Environmental Site Registry when a property use changes from an industrial to a residential use. A RSC can take approximately four to six months to complete, depending on the complexity of the ESAs. Once the environmental assessments are completed, the RSC is submitted to the MOECC. The article focuses on issues with RSC submissions themselves, rather than on details of the underlying scientific environmental site assessment (ESA) work. A Qualified Person prepares the RSC. The Record of Site Condition (RSC) form is used for release reporting under section 111 of the Environmental Protection and Enhancement Act. A RSC starts with a Phase One ESA, which determines if additional work, ie. A record of site condition (RSC) sets out the environmental condition of a property at a particular point in time, based on environmental site assessments conducted by a qualified person. On July 1, 2011, the RSC process will change so that after a completed RSC is submitted, the Ministry of the Environment will have 30 business days to review the RSC and provide the property owner with: An acknowledgement that the RSC has been filed, A notice that the RSC has not been completed in accordance with the regulations, or. An RSC must be filed in this registry before property use changes in certain ways.

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