EJQ7 - Winter 2026 - Journal - Page 26
and other critical infrastructure while maintaining environmental and
human health protections.
cases, the owner must provide a written declaration to the MECP Director
stating that the owner is submitting the RSC for 昀椀ling voluntarily, and not to
comply with a requirement imposed on the owner by another person or body.
Amendments to Records of Site Condition Regulation
MECP amended the Records of Site Condition Regulation to reduce
unnecessary 昀椀lings of RSCs in low-risk circumstances and to
expand an existing exemption for certain building conversions to
residential or mixed use. These measures aim to accelerate brown昀椀eld
redevelopment and housing construction while maintaining
environmental protection. The proposed amendments were posted on
the Environmental Registry back in November 2024.
The key changes include the following:
1. Prohibition on submitting certain low-risk RSCs
Property owners are now prohibited from submitting an RSC for 昀椀ling
in the Environmental Site Registry if the RSC was prepared solely on
the basis of a phase one Environmental Site Assessment (ESA), and the
RSC is not otherwise required by EPA or the RSC Regulation. In such
RSCs submitted before the prohibition that require revision may still
be resubmitted. A one-year transition period (until October 23, 2026)
allows 昀椀ling where an RSC is required under a pre-existing obligation or
agreement in place before the amendments took e昀昀ect, including public body
instruments (e.g., draft plan of subdivision conditions) or private agreements,
with a written declaration also required.
Alternatives to RSCs: The October 2025 amendments prohibit 昀椀ling RSCs in
speci昀椀ed low-risk circumstances, speci昀椀cally where an RSC would be based
solely on a phase one ESA and is not otherwise required under the EPA or the
RSC Regulation. Following this proposed change, stakeholders, including
municipalities, requested guidance on how to maintain environmental due
diligence while complying with the new prohibition. In response, the MECP
issued guidance outlining permitted alternatives.
Municipalities and other parties may request phase one or phase two ESAs to
evaluate a property’s environmental condition, and independent peer review
E N V I RON M E N T J OURN A L QUA RT E RLY RE PORT • W I N T ER 2 02 6 • P AGE 2 6
