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What’s the right brownfields regulation?

Many consultants are confused about the correct way to refer to the Ontario regulation on contaminated sites and records of site condition. As one wrote,

Hi Dianne,

The new regulation is Ontario Regulation 511, 2009 (O.Reg.511/09).This replaces O. Reg.153/04. Shouldn’t O. Reg.511/09 replace O.Reg.153/04 everywhere in the contract?


In fact, this is a widespread fallacy. No, the correct reference is still O.Reg. 153/04. O. Reg.511/09 amended O.Reg.153/04, it did not replace it, even though the Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act, April 15, 2011 replaced the 2004 standards.

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