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ARTICLE · 12 FEBRUARY 2021

Real Estate Transactions And Recent Changes To Environmental Management Act And Contaminated Sites Regulation

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On February 1, 2021, amendments to the Environmental Management Act (EMA) and associated changes to the Contaminated Sites Regulation relating to the process for identifying contaminated sites...

CanadaReal Estate and Construction
Mark V. Lewis
Mark V. Lewis
Mandev Mann
Mandev Mann
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On February 1, 2021, amendments to the Environmental Management Act (EMA) and associated changes to the Contaminated Sites Regulation relating to the process for identifying contaminated sites came into force. A notable amendment for commercial real estate lawyers is the replacement of the former "site profile" with a "site disclosure statement" in the context of a sale or redevelopment of a site that has been used for a specific industrial/commercial activity.

Site Disclosure Statements

Fundamentally serving the same purpose as a site profile, a site disclosure statement is a form that requires information about the past and present uses of a site to identify the potential requirement of a site investigation or to disclose past uses that may have caused land contamination to a prospective purchaser as a part of due diligence. Unless waived by a purchaser in its discretion (as permitted pursuant to the Regulation), a vendor of real property must deliver a site

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