Record of Site Condition (RSC) Services

The concentration limits for a property are based on its intended use. A property intended for residential use will have more stringent standards than a property which will become an industrial plant. An RSC must be filed by a Qualified Person (QP) under O. Reg. 153. The QP is a Professional Engineer or Professional Geoscientist who has registered with the MOE in order to complete Record of Site Conditions and ESAs.

AEL has successfully filed dozens of RSCs for a wide variety of clients in recent years, including several post-2011 (Amendment 269/11). The AEL team is well-versed in the requirements and opportunities in the Record of Site Condition process and fully understands the associated regulations.

For some, property financing is dependent on the site receiving an Record of Site Condition. This is because financial institutions are concerned about the environmental liability which may be present at a site. An RSC can substantially reduce associated liabilities. Another common issue is that a municipality requires an Record of Site Condition before they will allow zoning changes to a property. This occurs when a client wants to rezone a property to more sensitive land use (for example, an industrial zoned property which will change to residential).

Some clients, such as municipalities and private owners, wish to have an Record of Site Condition in order to protect themselves from specific environmental orders regarding a site. Municipalities may carry properties with an RSC which are in tax arrears (and have not been purchased) for one year without being considered “a person responsible” for the property, which can greatly reduce liabilities to municipalities.

Aside from protection from liability, obtaining Records of Site Condition shows commitment towards a more sustainable future both environmentally and economically. To encourage these positive changes, municipal and provincial governments may provide incentives to their citizens for remediating brownfields properties and under Community Improvement Plans, municipalities may provide property tax assistance to offset site remediation costs which may be matched by the provincial government.