by Willms & Shier Environmental Lawyers LLP
Would limit “reopeners”, civil liability for municipalities, but no protection from civil claims for property owners.
After extensive stakeholder consultation, the MOE is finally proposing amendments to its Brownfields laws and regulations.
Some proposed changes, including clarification of various “reopener” provisions will be welcomed by property owners and developers. Municipalities will gain civil immunity for issuing building permits based on incorrect RSCs.
Many stakeholders will be disappointed that nothing has been done to limit exposure of property owners to civil lawsuits. Also controversial is the proposal to eliminate horizontal severances – a legal technique that appears to offer potential to encourage lenders to finance Brownfields projects.
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