What is a Certificate of Property Use and how does it restrict what I can do with remediated land in Ontario?
A Certificate of Property Use is a tool the environment ministry can issue under the Environmental Protection Act to place ongoing, legally binding conditions on how a property can be used, typically issued where land has been remediated to a standard suitable for a specific use rather than to the highest possible standard, or where some residual contamination remains that is considered acceptable only if certain conditions are followed.
Common conditions can include restrictions on excavation or soil disturbance without prior approval, requirements to maintain an engineered cap or barrier over residual contamination, prohibitions on certain more sensitive future uses like residential development without further work, and ongoing monitoring or reporting obligations. A Certificate of Property Use is generally registered so it runs with the land, meaning it binds future owners, not just the person who was there when it was issued. Anyone buying remediated land, particularly a former industrial or commercial site marketed as "cleaned up," should specifically check whether a Certificate of Property Use is registered against the property, obtain and carefully review its actual conditions, and confirm their intended use is actually permitted under it before finalizing a purchase.
Key takeaways
- A Certificate of Property Use imposes binding, ongoing conditions on remediated land's use.
- It's typically used where remediation meets a specific use standard, not the highest possible one.
- Conditions can restrict excavation, require capping, or limit future sensitive uses.
- It generally runs with the land, so buyers must check for and review it before purchasing.