When is a Record of Site Condition needed? In Ontario, the answer to that question has recently changed. The province has moved to streamline the development process. Recent amendments to the Environmental Protection Act (Records of Site Condition – O. Reg. 153/04) aim to reduce regulatory burden, speed up housing and infrastructure projects, and enhance brownfield reuse.
What is a RSC?
A Record of Site Condition (RSC) is a summary of the environmental condition of a property. It is a certification that the soil and groundwater concentrations satisfy standards that are appropriate for the (intended) property use, or that there is little to no risk of soil or groundwater contamination. Those who have experience with RSCs know that this is a legal process, and having the Ontario Ministry of Environment, Conservation and Parks (MECP) accept and file an RSC is not always simple.
When is an RSC Needed?
With some limited exemptions, RSCs are mandatory in Ontario when use of a property will be changing to incorporate more sensitive receptors, such as going from industrial/ commercial or community uses, to residential/parkland or institutional uses. This ensures that our most sensitive humans are protected from potential exposure to subsurface environmental contaminants where they are spending most of their time. RSCs are commonly tied to the property re-development process. In recent years, they have also been requested by municipalities, lawyers, insurance and financial institutions to support property transactions which are not associated with a change to more sensitive land uses.
New Exemptions for Filing RSCs
In the Fall of 2025, the MECP made amendments to Ontario Regulation 153/04 governing RSCs. These amendments were made to limit the need for RSC filing in situations that are not considered mandatory. They also expanded some existing exemptions, with changes including:
- If the property use will not become more sensitive AND a Phase One Environmental Site Assessment (ESA) determines that a Phase Two ESA is NOT required, RSC filing is now prohibited.
- Previously there were exemptions for mandatory RSC filing if the sensitive uses were restricted to upper levels of mixed-use buildings. These have been expanded to include additional building types and allow some building alterations on the ground level.
The most common example of this are commercial or industrial land conveyances to municipalities for road widening or similar purposes. An RSC may still be requested by a property owner, but they must declare that they are doing this voluntarily.
In short, property owners can no longer file an RSC in the Environmental Site Registry if it is based only on a Phase One Environmental Site Assessment (ESA), unless the filing is required under the Environmental Protection Act (EPA) or the RSC regulation. If an owner chooses to file voluntarily, they must submit a written declaration to the MECP Director confirming the filing is voluntary and not required by another party. RSCs filed before this rule change that need updates can still be resubmitted. There is also a one-year transition period (until October 23, 2026) allowing RSC filings where there was a pre-existing requirement (such as private contracts) in place before the amendments. A written declaration is required in these cases as well.
2025 was a historically slow year for residential development in Ontario. These changes have the potential to ease requirements for redevelopment and perhaps improve overall approval timelines in 2026.
When to Reach out to an Expert
The RSC process can sometimes surprise property owners or tenants seeking building permits. For instance, Premier has seen many instances of daycare tenants finding out that they need an RSC very late in the municipal approvals process.
Previously, some owners may have opted to file an RSC proactively, based on their Phase One ESA, to demonstrate due diligence. The new rules may make it harder to obtain regulatory approval without more detailed documentation and reduce owners’ abilities to manage risks early on. This can have potential impacts on transactions, as RSCs are regarded as evidence of clarity. While the one-year transition window (to October 23, 2026) helps some projects, it can also create confusion about eligibility and existing agreements.
If there is any doubt, we recommend reaching out to a qualified environmental consultant, or your local MECP District Engineer to discuss prior to moving forward with new tenant agreements of this nature.
What Can Experts Do?
Hiring an environmental consultant to complete an RSC is not just helpful, it’s often essential for protecting your project, your timeline, and your liability.
Under Ontario’s environmental regulations (O. Reg. 153/04), an RSC must be prepared and filed according to strict technical standards. Qualified environmental consultants (typically referred to Qualified Persons, or QPs) understand the requirements set by the Ontario Ministry of the Environment, Conservation and Parks and can help ensure that:
• Phase One and Phase Two ESAs meet regulatory standards
• Proper sampling and laboratory protocols are followed
• Correct RSC submission through the Environmental Site Registry
• Reduced risk of rejection or costly revisions
At the end of the day, an RSC is a key legal risk management tool. Qualified consultants help to identify contamination risks especially critical for brownfield redevelopment, develop remediation strategies, and document due diligence for protection against future liabilities.