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Real Estate

How does an environmental due diligence period fit into a typical Ontario closing timeline?

TSL Written by the Treadstone Law team· Updated August 2026

An environmental due diligence period is generally built into the Agreement of Purchase and Sale as a condition period running from acceptance of the offer to a specified deadline, during which the buyer arranges and reviews the results of at least a Phase 1 Environmental Site Assessment before deciding whether to waive the condition and firm up the deal. How long this period needs to be depends heavily on the property: a straightforward Phase 1 on a low-risk property can often be completed relatively quickly, while a property flagged for Phase 2 sampling needs meaningfully more time, since drilling, lab analysis, and report preparation all take longer than a records review.

Because rushing this process to fit an unrealistic deadline is one of the more common ways buyers end up skipping real due diligence, the practical approach is to have the environmental consultant estimate a realistic timeline before the offer is finalized, then negotiate a condition period that actually reflects that estimate, with a mechanism to extend if a Phase 1 recommends a Phase 2. Coordinating this timeline with financing conditions and the lawyer handling closing helps avoid a last-minute scramble.

Key takeaways

  • The due diligence period is a condition built into the purchase agreement with a set deadline.
  • A straightforward Phase 1 typically takes less time than a property requiring Phase 2 sampling.
  • Get a realistic timeline estimate from your consultant before finalizing the offer's deadline.
  • Coordinate the environmental condition with financing conditions and your lawyer's closing schedule.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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