[CPEO-BIF] Additional background info for MAH Brownfields legislation

[CPEO Moderator <cpeo@cpeo.org>]

Ontario, Canada
Ministry of Municipal Affairs and Housing

Release: March 2, 2001 

BROWNFIELDS: PROPOSALS FOR LEGISLATION 
On March 2, 2001, the Minister of Municipal Affairs and Housing announced, on
behalf of the ministers of the Environment and Economic Development and Trade,
the government's intention to introduce legislation that would encourage the
clean up and redevelopment of former industrial and commercial sites known as
brownfields. 

Environmental benefits of brownfields cleanup and redevelopment
Brownfields cleanup and redevelopment represent an enormous opportunity to
protect and enhance the environment.

• Cleanup of brownfield sites can improve soil and water quality and protect
human health by removing existing environmental contaminants.

• Redevelopment provides opportunities to manage development pressures.
Brownfields are usually located in well serviced areas where infrastructure
already exists. By bringing abandoned commercial or industrial sites in the
cities back to life, unused land in the suburbs and rural areas that would
otherwise be dug up and paved over can be preserved.

• Redeveloping brownfields encourages community building and revitalizes
neighbourhoods. Neighbourhood eyesores can be turned into attractive
developments, parks, open green spaces and new employment and housing
opportunities that greatly enhance a local community and contribute to a better
quality of life. 

Key points of the proposed legislation
The proposed brownfields legislation forms part of the government's
made-in-Ontario Smart Growth initiative, launched on January 31, 2001. It is
based on three principles: a strong, efficient economy, strong communities and
neighbourhoods and a clean, healthy environment

The proposed legislation would incorporate many of the recommendations made by
a panel of brownfields experts appointed by the province in September 2000. It
would address the key challenges to brownfield cleanup and redevelopment:
environmental liability, planning processes and financing.


Environmental liability
The most significant impediment to widespread brownfield redevelopment is
concern over environmental liability. Despite the tremendous benefits to be
gained from developing brownfields, financial institutions and developers are
often reluctant to invest in these sites. Their caution stems from concerns
over broad environmental liability rules and the financial implications of this
liability.

If passed the legislation would:

• address environmental liability for municipalities, lenders, owners and
developers involved with the clean up of brownfield properties

• set out clear rules for the cleanup of contaminated brownfield sites while
ensuring that the environment and the people of Ontario are protected

Proposed changes to legislation would not alter the Ministry of the
Environment's powers to issue orders to address significant environmental
contamination, nor would it affect the ‘polluter pay' principle. 

Planning processes

The proposed legislation would streamline and clarify planning processes to
expedite brownfields projects; and provide municipalities flexibility to
facilitate the cleanup and redevelopment of individual and scattered brownfield
properties.

Financing

Brownfields projects often don't get off the ground because of 
lenders' reluctance to finance site assessment and cleanup costs. The proposed
legislation would:

• seek to encourage developers to take on brownfields projects by providing
municipalities with increased ability to provide grants and loans for
brownfields remediation to parties that meet 
municipal eligibility criteria 

The province will also seek to stimulate brownfield redevelopment through its
SuperBuild Partnership Initiatives.
30-

Contacts:
Alexandra Gillespie 
Minister's Office
Ministry of Municipal Affairs and Housing
(416) 585-6932 

John Whytock
Minister's Office 
Ministry of the Environment
(416) 327-9720

Audrey Bennett 
Ministry of Municipal Affairs and Housing 
(416) 585-6072

Brian Nixon
Ministry of the Environment 
(416) 314-7020 

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