AGENDA

Canadian Contaminated Sites Regulation

  • BC
  • Federal

Liability of Consultants

A CONTAMINATION SCENARIO

WHAT ARE THE CONTAMINATED SITE RISKS?

  • Contractual risk
  • Development risk
  • Operational risk
  • Liability (regulatory, civil, criminal) risk
  • Financial risk
  • Litigation risk

LIABILITY RISK – ENVIRONMENTAL REGIME

  • Provincial

    • Environmental Management Act
    • Contaminated Sites Regulation
  • Federal

    • Fisheries Act

LIABILITY REGIME OVERVIEW

  • Regulatory

    • Remediation order (EMA)
    • Inspector's direction (Fisheries Act)
  • Civil

    • Cost recovery action (EMA)
    • Common law claims (negligence, nuisance, etc)
    • Contractual (retainer agreement)
  • Criminal

    • Pollution/ spills (EMA)
    • Fisheries Act charges ("deleterious substances"/ s35)

BC CONTAMINATED SITES REGIME

  • 1997: New contaminated sites regime came into operation in BC under the Waste Management Act
  • Later changed to Environmental Management Act
  • Regime based on U.S. CERCLA/ Superfund

BC REGIME – SOME KEY TERMS/

CONCEPTS

  • Identification of sites

    • site profile
    • Notice to neighbours of migrating contamination
  • Investigation of sites

    • Site investigation
    • Remediation order
    • PSI (stage 1, 2), DSI
  • Remediation

    • Numeric or risk based
    • No obligation to remediate unless ordered to do so
  • Certificate of compliance

    • Approved professional
    • Govt sign off but limited protection
    • conditions

SOME KEY TERMS/CONCEPTS

  • Remediation order
  • Cost recovery action
  • Allocation of liability – s35 of CSR

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.