EJQ7 - Winter 2026 - Journal - Page 27
of existing site information or ESAs may also be used to provide assurance
regarding environmental conditions. Where appropriate, additional
environmental studies or assessments may be requested to ensure a
property is suitable for its intended use or to support 昀椀nancing. These
alternatives con昀椀rm that even without a mandatory RSC 昀椀ling, public
bodies and other stakeholders retain the ability to require environmental
studies to maintain con昀椀dence in site conditions. However, as no RSC is
issued, there is no statutory protection from various EPA orders and this
will be a signi昀椀cant change in practice for many parties. There will be a
ripple e昀昀ect in property transactions, 昀椀nancing and developments that
will need to consider how they will manage this change.
All other protective conditions remain to mitigate potential
contamination risks. These amendments aim to accelerate adaptive
reuse of existing buildings, particularly in urban areas.
Consultation outcomes and implementation
The MECP received 36 submissions, primarily supporting both
amendments. Stakeholders showed broad support for the restriction,
generally reacting that it is low-risk and will help achieve housing and
development objectives. Stakeholders also explicitly requested guidance,
clarifying the use of alternative processes (like ESAs and peer review)
that municipalities could use instead of mandatory RSCs.
2. Expanded exemption for building conversions
Ontario has broadened an existing RSC exemption to facilitate
redevelopment of commercial or community use buildings into mixeduse developments with residential or other sensitive uses. The previous
six-storey height limit has been removed, and exterior additions are now
allowed above the ground 昀氀oor. Ground-昀氀oor additions are permitted
where necessary for 昀椀re safety, accessibility, or attached outdoor
structures.
The ministry responded by con昀椀rming that municipalities and other
parties can continue to require environmental due diligence even
where an RSC is not mandatory. The MECP’s guidance, “Alternatives to
Records of Site Condition When Not Mandatory,” outlines permissible
approaches, including requesting phase one or phase two ESAs and
conducting independent peer reviews of site information. These
alternatives allow public bodies, 昀椀nancial institutions, and other
stakeholders to assess a property’s environmental condition and ensure
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 AG E 2 7
