When leasing commercial property in Ontario, one of the most
significant risks faced by both landlords and tenants relates to
potential liability for environmental contamination on the
property.
There are a number of Ontario statutes that, directly or
indirectly deal with the protection of the environment.
Although the main Act is the Environmental Protection Act
("EPA"), a number of other Acts may also apply.
The basic prohibition in the EPA deals with the discharge of a
contaminant into the natural environment in an amount,
concentration or level in excess of that prescribed by
regulation. EPA defines "contaminant" very broadly,
to include almost everything that results, directly or indirectly,
from human activities that cause an adverse effect on the
environment. There is a duty imposed on a person having
control of a spilled contaminant and every person who causes or
permits the spill to notify the Ministry of Environment
("MOE"), to take steps to prevent
