Glossary Brownfield An abandoned, vacant, derelict or underutilized commercial or industrial property where past actions have resulted in actual or perceived contamination and where there is an active potential for redevelopment. Escheat The reversion of property to the federal or provincial Crown, as provided by law, for example when property is abandoned.

Table of contents PDF version (1.67 MB) Glossary of Terms Brownfield Redevelopment Projects in Canada International Activities on Brownfield Redevelopment Recommendations To order

Greenfield

A vacant property with no actual or perceived contamination, usually located outside urban centres and without municipal services.

Liability

Civil Liability

A legal obligation that arises under the law of private rights, referred to as common law, in comparison with the criminal or administrative law. Civil liability is an action commenced by a court action.

Regulatory Liability

A legal obligation laid out by a statute that creates a regulatory offence. Regulatory offences are usually considered more minor than criminal offences, since they are only intended to secure the effective regulation of conduct in the interest of the community.

Joint and Several Liability

The doctrine of joint and several liability makes any joint defendant against whom a judgment is entered in an action liable to the claimant for the entire judgment, regardless of the defendant's share of fault. The defendant then has right of contribution and indemnification against the other defendants. If the other defendants are insolvent, then, despite being as little as 1 percent responsible for the damages, the sole remaining solvent defendant must contribute 100 percent of the award.

Lien

The right to retain the lawful possession of the property of another until the owner fulfils a legal duty to the person holding the property, such as the payment of lawful charges for work done on the property. A mortgage is a common lien. In its widest meaning, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense, it is defined to be a right of detaining the property of another until some claim is satisfied.

Limitation period

The time within which regulatory or civil actions can be commenced. If a limitation period is established in statute, then actions would be barred once the assigned time expires.

Municipal tax sale

This is the statutory process followed by municipalities to recover property tax arrears. There is an initial notice period during which the municipality sends notices to the property owner initiating the process and requesting payment of a "cancellation price" within a specified timeframe. If the cancellation price is not paid, then the property is offered for sale to the highest bidder. If there are no bidders, the property vests in the municipality.

Quitclaim

A transfer of land or real property without guarantee of a clear title.

Quitclaim Deed

A deed that transfers the owner's interest to a buyer but does not guarantee that there are no other claims against the property.

Remediation

The action taken to cleanup, contain or remove the risk posed by contamination at a site.

Reopener

An event (e.g. fraud) that would allow claims and/or orders to be made against a party that has been granted some form of liability closure.

Risk assessment

The process of identifying and evaluating risks to human health, human safety and/or the environment from the actual or potential presence and/or use of specific pollutants.

Site assessment (environmental)

An approach for identifying and assessing potential environmental concerns in respect of activities conducted at a facility and/or the potential presence of contamination at a site in accordance with accepted standards.

Site-specific risk assessment

A risk assessment that incorporates characteristics of a site (e.g. physical and chemical characteristics, geology, soil type and biology) to establish the risk posed by a specific contaminant or hazard present at a site.

Generic criteria

Numerical values for soil, groundwater and air quality that are published by a regulatory agency or other body to gauge whether the presence of a contaminant is above, at or below an accepted limit.

Tax Increment Financing (TIF)

A tool used by municipalities to freeze local and state/provincial taxes to the level before redevelopment. Any tax increase stemming from the redevelopment can be used to provide financial incentives for site remediation, new development and rehabilitation of existing buildings.

Vested

Having the rights of ownership, although enjoyment of those rights may be delayed until a future date.