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B.C. Reg. 375/96
O.C. 1480/96
Deposited December 16, 1996
effective April 1, 1997
This consolidation is current to March 9, 2021.
See the Cumulative B.C. Regulations Bulletin 2021
for amendments effective after March 9, 2021.
Link to consolidated regulation (PDF)
Link to Point in Time

Environmental Management Act

Contaminated Sites Regulation

[Last amended February 1, 2021 by B.C. Reg. 161/2020]

Contents
Part 1 — Interpretation
1Definitions
1.1Interpretation — specified industrial or commercial uses
Part 2 — Site Disclosure Statements
2Repealed
Division 1 — Interpretation
2.1Interpretation — decommissioning a site
2.2Interpretation — ceasing operations at a site
Division 2 — When Site Disclosure Statements Must Be Provided
3Site disclosure statements by persons applying to approving officers or municipalities
3.1Site disclosure statements by municipalities undertaking zoning or rezoning
3.2Site disclosure statements by owners or operators of land
3.3Site disclosure statements by vendors of real property
3.4Site disclosure statements by persons who take possession or control of real property
3.5Request for information by municipality or approving officer
Division 3 — Exemptions from Providing Site Disclosure Statements
4Exemption — other processes apply under the Act
4.1Exemption — persons applying to approving officers
4.2Exemption — persons applying to municipalities
4.3Exemption — municipalities undertaking zoning or rezoning
4.4Exemption — more than one owner or operator required to provide site disclosure statement when ceasing operations on land
4.5Exemption — operating areas under the Oil and Gas Activities Act
4.6Exemption — vendors of real property
4.7Exemption — previous submission of site profile
Division 4 — Requirements for Site Disclosure Statement
5Requirements for completing site disclosure statement
Division 5 — Assessment of Site Disclosure Statement
6Assessing and forwarding site disclosure statements
Division 6 — Investigations
6.1Application
6.2Investigations and reports required on submission of site disclosure statements to municipalities or approving officers
6.3Investigations required on submission of site disclosure statements under section 40 (2) (a) or (7) of the Act
6.4Information required on submission of site disclosure statements by insolvent owners or operators
7Repealed
Part 2.1 — Summaries of Site Condition
7.1Duty to provide director with summary of site condition
Part 3 — Site Registry
8Site registry
Part 4 — Fees
9Fees
10Review of report or plan by external contract reviewer
Part 5 — Contaminated Site Definition and Determination
11Definition of contaminated site
12Specification of applicable land, water, sediment and vapour uses and site-specific factors
13Repealed
14Environmental management area
15Procedures for determination of contaminated site
Part 6 — Remediation Standards
16Remediation options
17Application of numerical standards for remediation
18Application of risk-based standards for remediation
18.1Application of risk-based standards for remediation at environmental management areas
Part 7 — Liability
19Persons not responsible — transporters and arrangers
20Persons not responsible — sureties
21Persons not responsible — insurers and insurance brokers
22Persons not responsible — certain owners
23Persons not responsible — producers arranging for transportation
24Persons not responsible — construction on contaminated sites
25Persons not responsible — secured creditors
26Persons not responsible — receivers, receiver managers and bankruptcy trustees
27Persons not responsible — trustees, executors, administrators and other fiduciaries
28Persons not responsible — clarification of innocent acquisition exemption
29Persons not responsible — modification of lessor liability under section 46 (1) (e) of the Act
30Persons not responsible — lessors who provide surface access for subsurface use
31Persons responsible — municipalities
32Persons not responsible — transporters of contaminated soil
33Persons not responsible — contamination which is subject to a wide area remediation plan
34Repealed
35Determining compensation under section 47 (5) of the Act
36Remediation orders — timing for consent and notice
37Remediation orders — diminishing or reducing assets
38Minor contributors
39Voluntary remediation agreements
Part 8 — Contaminated Soil Relocation
40Class of sites defined for Part 8
41Exemptions for soil relocation and disposal
42Soil relocation to a landfill without a contaminated soil relocation agreement
43Application for a contaminated soil relocation agreement
44Conditions pertaining to a contaminated soil relocation agreement
45-46Repealed
46.1Standards for contaminated soil relocation
46.2Procedures for contaminated soil relocation
Part 9 — Remediation Plan Approval and Completion
47Approval in principle
48Covenants and financial security — general principles
49Requests for certificates
49.1Director may consider recommendations of approved professionals
50Financial security as a condition of a certificate
51Approvals in principle and certificates for part of a site
52Duties of director respecting approvals in principle and certificates of compliance
Part 10
53Repealed
Part 11 — Allocation Panel
54Allocation panel procedures
Part 12 — Public Consultation and Review
55Director's powers
Part 13 — Independent Remediation Procedures
56Repealed
57Notifications for independent remediation
Part 14 — Site Investigations
58Preliminary site investigations
59Detailed site investigations
60Summary of site investigations and remediation plans
60.1Notification of neighbouring site owners after site investigations
Part 15 — Orphan Sites
61Criteria for determining orphan sites
62High risk orphan sites
Part 16 — Professional Statements
63Professional statements
Part 17
64-66Repealed
Part 18 — Director's Protocols
67Director's protocols
Part 19 — Miscellaneous
68Review of numerical standards
69Manner of publication
Part 20 — Transition
70Transition — matters in progress
71Transition — wide area site
Schedule 1
Schedule 1.1
Schedule 2
Schedule 2.1
Schedule 3
Schedule 3.1
Schedule 3.2
Schedule 3.3
Schedule 3.4
Schedules 4 to 7
Schedule 8
Schedules 9 to 11