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April 01, 2008

Ontario Brownfields: New QP Regulation Cedes Control to Engineers and Geoscientists

Summary

As of October 1, 2009, MOE has ceded control over who is a QP to the PEO and Professional Geoscientists. No more agrologists or technologists, unless they get temporary or limited licenses or memberships. Some minor changes come into force immediately.

In addition, the regulation authorizes the MOE to use the Environmental Site Registry to provide information to the public about Qualified Persons.

Details

Newly promulgated, O. Reg. 66/08 amends the Brownfields Records of Site Condition regulation O. Reg. 153/04.

Effective April 1, 2008:

1. The regulation now qualifies as QPs for Phase 1 the following previously excluded persons:

a) persons holding a limited license under the Professional Engineers Act.

b) persons who hold certificate of registration under the Professional Geoscientists Act, 2000, now including persons who hold limited membership in the Association of Professional Geoscientists of Ontario. It also appears that non-practising members are no longer excluded.

2. The Environmental Site Registry can now be used to post information to the public about qualified persons.

New qualification provisions are being phased in as follows:

Effective October 1, 2009:

The only persons entitled to act as QPs for Phase One or Phase Two ESAs and RSCs will be:

a) professional engineers or those who obtain temporary or limited engineering licenses under the Professional Engineers Act; and

b) registered geoscientists (under Professional Geoscientists Act, 2000) who are practising, limited or temporary members of the Association of Professional Geoscientists of Ontario.