Greening
Canada’s Brownfields:
A
National Framework for Encouraging Redevelopment of Qualifying
Brownfields through Removal of Crown Liens and Tax Arrears |
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Prepared for The Government of Canada
and Provincial and Municipal Governments
By
The National Round Table on the Environment and the Economy
and The Canadian Brownfields Network
March
2005
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Annex 2 - Glossary of Selected Brownfield
Redevelopment Terms
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.
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.
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 time frame. 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 clean up, contain, or remove the risk posed
by contamination at a site.
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 (typically Phase 1 & 2 Environmental
Site Assessments as described by the Canadian Standards Association).
Site-specific
risk assessment (SSRA)
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.
Vested
Having the rights of ownership, although enjoyment of those rights
may be delayed until a future date.
Source:
Cleaning
up the Past, Building the Future:
A National Brownfield Redevelopment Strategy for Canada
(National Round Table on the Environment and the Economy, 2003)
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