1993 Legislative Session: 2nd Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 15th day of June, 1993
Ian D. Izard, Law Clerk.


HONOURABLE JOHN CASHORE
MINISTER OF ENVIRONMENT,
LANDS AND PARKS

BILL 26 -- 1993

WASTE MANAGEMENT AMENDMENT ACT, 1993

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The definition of "remediate" in section 1 (1) of the Waste Management Act, S.B.C. 1982, c. 41, is repealed and the following substituted:

"remediation" means action to eliminate, limit, correct, counteract, mitigate or remove any contaminant or the negative effects on the environment or human health of any contaminant, and includes, but is not limited to, the following:

(a) preliminary site investigations, detailed site investigations, analysis and interpretation, including tests, sampling, surveys, data evaluation, risk assessment and environmental impact assessment;

(b) evaluation of alternative methods of remediation;

(c) preparation of a remediation plan, satisfactory to the manager, including a plan for any consequential or associated removal of soil or soil relocation from the site;

(d) implementation of a remediation plan;

(e) monitoring, verification and confirmation of whether the remediation complies with the remediation plan, applicable standards and requirements imposed by the manager;

(f) other action that the Lieutenant Governor in Council may prescribe; .

2 Part 3.1 is repealed and the following substituted:

PART 3.1 CONTAMINATED SITE REMEDIATION

Division 1 - Interpretation Interpretation

20.1 (1) In this Part "allocation panel" means an allocation panel established under section 20.51;

"approval in principle" means an approval in principle described in section 20.71;

"approving officer" means an approving officer as defined in the Land Title Act;

"certificate of compliance" means a certificate of compliance described in section 20.71;

"conditional certificate of compliance" means a conditional certificate of compliance described in section 20.71;

"contaminated site" means an area of land in which the soil or any groundwater lying beneath it, or the water or the underlying sediment, contains

(a) a special waste, or

(b) another prescribed substance in quantities or concentrations exceeding prescribed criteria, standards or conditions;

"contaminated soil relocation agreement" means a contaminated soil relocation agreement referred to in section 20.81;

"contamination" means the presence, in soil, sediment or groundwater, of special waste or another substance in quantities or concentrations exceeding prescribed criteria, standards or conditions;

"detailed site investigation" means a detailed site investigation referred to in section 20.2;

"district inspector" means a district inspector as defined in the Mines Act;

"division head" means a division head as defined in the Petroleum and Natural Gas Act;

"government body" means a federal, provincial or municipal body, including an agency or ministry of the Crown in right of Canada or British Columbia or an agency of a municipality;

"high risk orphan site" means an orphan site determined to be a high risk orphan site under section 20.92;

"minor contributor" means a responsible person determined to be a minor contributor under section 20.6;

"municipality" means a municipality as defined in section 1, and includes the Islands Trust but does not include an improvement district or the Greater Vancouver Sewerage and Drainage District;

"operator" means, subject to subsection (2), a person who is or was in control of or responsible for any operation located at a contaminated site, but does not include a secured creditor unless the secured creditor is described in section 20.31 (3);

"orphan site" means

(a) a contaminated site for which a responsible person cannot be found or is not willing or financially able to carry out remediation in a time frame specified by a manager, or

(b) a contaminated site of which a government body has become the owner subsequent to the failure of the former owner to comply with a requirement to carry out remediation at the site;

"owner" means a person who is in possession of, has the right of control of, occupies or controls the use of real property, including without limitation a person who has any estate or interest, legal or equitable, in the real property, but does not include a secured creditor unless the secured creditor is described in section 20.31 (3);

"person" includes a government body and any director, officer, employee or agent of a person or government body;

"preliminary site investigation" means a preliminary site investigation referred to in section 20.2;

"registrar" means the registrar of the site registry established under section 20.21;

"remediation order" means a remediation order under section 20.5;

"remediation standards" means numerical standards relating to concentrations of substances and standards relating to risk assessment, as prescribed in the regulations;

"responsible person" means a person described in section 20.31;

"secured creditor" means a person who holds a mortgage, charge, debenture, hypothecation or other security interest in property at a contaminated site, and includes an agent for such a person;

"site investigation" means a site investigation and report referred to in section 20.2;

"site profile" means a site profile referred to in section 20.11;

"subdivision" means

(a) a subdivision as defined in the Land Title Act, or

(b) a subdivision under the Condominium Act;

"voluntary remediation agreement" means a voluntary remediation agreement referred to in section 20.61.

(2) A government body is not an operator only as a result of

(a) exercising regulatory authority with respect to a contaminated site,

(b) carrying out remediation at a contaminated site, or

(c) providing advice or information with respect to a contaminated site or any activity which took place on the contaminated site.

Division 2 - Identification of Contaminated Sites

Site profiles

20.11 (1) A person shall provide a site profile in accordance with the regulations

(a) to the approving officer when the person applies for or otherwise seeks approval for a subdivision of land that the person knows or reasonably should know is or was used for industrial or commercial activity, and

(b) to the applicable municipality when the person applies for or otherwise seeks approval for

(i) zoning of land that the person knows or reasonably should know is or was used for industrial or commercial activity,

(ii) a development permit or a development variance permit for land that the person knows or reasonably should know is or was used for industrial or commercial activity,

(iii) removal of soil from property that the person knows or reasonably should know is or was used for industrial or commercial activity,

(iv) a demolition permit respecting a structure that the person knows or reasonably should know is or was used for industrial or commercial activity, or

(v) an activity prescribed by regulation.

(2) Subject to the regulations, an owner of real property shall provide a site profile to a manager, where the owner

(a) owns real property that is used or has been used for activities specified in the regulations,

(b) dismantles a building or structure or otherwise decommissions a type of site specified in the regulations,

(c) applies for or otherwise seeks approval for any other activity specified in the regulations, or

(d) undertakes activities or receives information prescribed in the regulations.

(3) Subject to the regulations, an owner under the Petroleum and Natural Gas Act shall provide a site profile to a division head where the owner applies for a certificate of restoration respecting a well, test hole or production facility in accordance with section 96 of that Act.

(4) Subject to the regulations, an owner under the Mines Act, including the agent or manager of the owner, shall provide a site profile to a district inspector where the owner

(a) applies for a permit or for revisions to conditions of an existing permit under section 10 of the Mines Act, or

(b) gives notice of intention to stop work in, on or near a mine prior to abandonment in accordance with the Health, Safety and Reclamation Code for Mines in British Columbia prepared under the Mines Act.

(5) A municipality, approving officer, division head or district inspector shall

(a) assess a site profile received under subsections (1), (2), (3) or (4) in accordance with the regulations,

(b) if the assessment of the site profile under paragraph (a) indicates that a manager should review the site profile to determine if a site investigation is required, forward a copy of the site profile to a manager, and

(c) forward a copy of the site profile to any other person specified in the regulations.

(6) A municipality, approving officer, division head or district inspector may impose reasonable fees for an assessment under subsection (5) (a).

(7) A vendor of real property who knows or reasonably should know that real property has been used for

(a) an industrial or commercial purpose, or

(b) a purpose or activity prescribed by the regulations, shall provide a site profile to a prospective purchaser of the real property and a manager in accordance with the regulations.

(8) A trustee, receiver and liquidator or a person commencing foreclosure proceedings, who takes possession or control of real property for the benefit of one or more creditors, shall provide a site profile to the manager immediately on taking possession or control, if the real property has been used for

(a) an industrial or commercial purpose, or

(b) a purpose or activity prescribed by the regulations.

(9) A manager may order a person to prepare and provide to a manager a site profile if that person

(a) owns or occupies land that, in the opinion of the manager, may be a contaminated site on account of any past or current use on that or other land, or

(b) is a person referred to in subsections (1) to (8) and fails to provide a satisfactorily completed site profile.

(10) If a manager orders the preparation of a site profile respecting land that is subsequently determined not to be a contaminated site, the manager is not liable for any costs incurred by a person in preparing the site profile.

(11) Except for the duty of a vendor to provide a site profile to a prospective purchaser under subsection (7), the duty to provide a site profile does not apply if a person

(a) has been ordered to undertake a site investigation under section 20.2,

(b) seeks and obtains a determination that the site is a contaminated site under section 20.3 (3) if prior to the determination the affected person notifies in writing the applicable municipality, approving officer, division head or district inspector, of his or her request for a determination, or

(c) has already provided a site profile for the site under subsection (1).

Site investigations

20.2 (1) A manager may order an owner or operator of a site, at the owner's or operator's own expense, to undertake a preliminary site investigation or a detailed site investigation and to prepare a report of the investigation in accordance with the regulations if the manager reasonably suspects on the basis of a site profile, or any other information, that the site

(a) may be a contaminated site, or

(b) contains substances that may cause or threaten to cause adverse effects on human health or the environment.

(2) If a manager orders a preliminary site investigation or a detailed site investigation respecting a site that is subsequently determined not to be a contaminated site, the manager is not liable for any costs incurred by a person for completing the investigation and the related report.

(3) When a manager receives a report of a preliminary site investigation or a detailed site investigation submitted under this section, the manager shall

(a) determine if the report and investigation comply with any applicable regulations and orders, and

(b) give notice of the determination under paragraph (a), and may require additional investigation and reporting as the manager considers necessary to satisfy any orders or investigation and reporting requirements.

(4) The duty to undertake a preliminary site investigation or a detailed site investigation and to prepare a report of the investigation under this section does not apply if a person seeks and obtains a determination that a site is a contaminated site under section 20.3 (3).

Site registry

20.21 (1) The minister shall

(a) establish a site registry, and

(b) appoint a registrar to manage the site registry.

(2) A manager shall provide to the registrar, in a form suitable for inclusion in the site registry, information respecting

(a) all site profiles, preliminary site investigations and detailed site investigations that the manager receives,

(b) all orders, approvals, voluntary remediation agreements and decisions, including determinations under section 20.3 (3), made by the manager under this Part,

(c) pollution abatement orders requiring remediation under section 22,

(d) notifications of independent remediation under section 20.8 (2),

(e) declarations and orders made by the minister under section 20.92, and

(f) other information required by the regulations.

(3) A manager may request the registrar to enter, by notation in the site registry, information that

(a) is already available to the manager, and

(b) would normally be obtained through a site profile or site investigation, if, before requesting the registrar to do so, the manager provides

(c) notice to owners or operators known to the manager of the intention to make the request specified in paragraphs (a) and (b), and

(d) an opportunity for owners or operators to show cause to the manager why the information contained in the request should not be entered into the site registry.

(4) The registrar shall enter by notation into the site registry information referred to in subsections (2) and (3) and decisions of the appeal board.

(5) In accordance with the regulations, the registrar

(a) shall provide for reasonable public access to information in the site registry, and

(b) may impose fees for providing services and supplying information from the site registry.

Determination of contaminated sites

20.3 (1) A manager may determine whether a site is a contaminated site and, if the site is a contaminated site, the manager may determine the boundaries of the contaminated site.

(2) Subject to subsection (3), in determining whether a site is a contaminated site, a manager shall

(a) make a preliminary determination of whether or not a site is a contaminated site, on the basis of a site profile, a preliminary site investigation, a detailed site investigation or other available information,

(b) give notice in writing of the preliminary determination to

(i) the person submitting a site profile, a preliminary site investigation or a detailed site investigation for the site,

(ii) any municipality, approving officer, division head or district inspector that has received and forwarded to the manager a site profile for the site to which the preliminary determination pertains,

(iii) any person with a registered interest in the site as shown in the records of the land title office at the time the manager searches the land title records, and

(iv) any person known to a manager who may be a responsible person under section 20.31 if the site is finally determined to be a contaminated site,

(c) provide an opportunity for any person to comment on the preliminary determination,

(d) make a final determination of whether or not a site is a contaminated site,

(e) give notice in writing of the final determination to

(i) the person submitting a site profile, a preliminary site investigation or a detailed site investigation for the site,

(ii) any municipality, approving officer, division head or district inspector that received, assessed and forwarded to the manager a site profile for the site to which the final determination pertains,

(iii) any person with a registered interest in the site as shown in the records of the land title office at the time of the final determination,

(iv) any person known to the manager who may be a responsible person under section 20.31, and

(v) any person who has commented under paragraph (c), and

(f) carry out other procedures, if any, specified in the regulations.

(3) A manager, on request by any person, may dispense with the procedures set out in subsection (2) (a) to (c) and make a final determination that a site is a contaminated site if the person

(a) provides reasonably sufficient information to determine that the site is a contaminated site, and

(b) agrees to be a responsible person for the contaminated site.

(4) The lack of a determination under subsection (2) or (3) does not mean that a site is not a contaminated site.

(5) A final determination made under this section is a decision that may be appealed under Part 5 of this Act.

Division 3 - Liability

Persons responsible for remediation at contaminated sites

20.31 (1) Subject to section 20.4, the following persons are responsible for remediation at a contaminated site:

(a) a current owner or operator of the site;

(b) a previous owner or operator of the site;

(c) a person who

(i) produced a substance, and

(ii) by contract, agreement or otherwise caused the substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the site to become a contaminated site;

(d) a person who

(i) transported or arranged for transport of a substance, and

(ii) by contract, agreement or otherwise caused the substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the site to become a contaminated site;

(e) a person who is in a class designated in the regulations as responsible for remediation.

(2) In addition to the persons referred to in subsection (1), the following persons are responsible for remediation at a contaminated site that was contaminated by migration of a substance to the contaminated site:

(a) a current owner or operator of the site from which the substance migrated;

(b) a previous owner or operator of the site from which the substance migrated;

(c) a person who

(i) produced the substance, and

(ii) by contract, agreement or otherwise caused the substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the substance to migrate to the contaminated site;

(d) a person who

(i) transported or arranged for transport of the substance, and

(ii) by contract, agreement or otherwise caused the substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the substance to migrate to the contaminated site.

(3) A secured creditor is responsible for remediation at a contaminated site if

(a) the secured creditor at any time exercised control over or imposed requirements on any person regarding the manner of treatment, disposal or handling of a substance and the control or requirements, in whole or in part, caused the site to become a contaminated site, or

(b) the secured creditor becomes the registered owner in fee simple of the real property at the contaminated site, but a secured creditor is not responsible for remediation where it acts primarily to protect its security interest, including without limitation where the secured creditor

(c) participates only in purely financial matters related to the site,

(d) has the capacity or ability to influence any operation at the contaminated site in a way that would have the effect of causing or increasing contamination, but does not exercise that capacity or ability in such a way as to cause or increase contamination,

(e) imposes requirements on any person if the requirements do not have a reasonable probability of causing or increasing contamination at the site, or

(f) appoints a person to inspect or investigate a contaminated site to determine future steps or actions that the secured creditor might take.

Persons not responsible for remediation

20.4 (1) The following persons are not responsible for remediation at a contaminated site:

(a) a person who would become a responsible person only because of an act of God that occurred before the coming into force of this section and who exercised due diligence with respect to any substance that, in whole or in part, caused the site to become a contaminated site;

(b) a person who would become a responsible person only because of an act of war and who exercised due diligence with respect to any substance that, in whole or in part, caused the site to become a contaminated site;

(c) a person who would become a responsible person only because of an act or omission of a third party, other than

(i) an employee,

(ii) an agent, or

(iii) a party with whom the person has a contractual relationship, if the person exercised due diligence with respect to any substance that, in whole or in part, caused the site to become a contaminated site;

(d) an owner or operator who establishes that

(i) at the time the person became an owner or operator of the site,

(A) the site was a contaminated site,

(B) the person had no knowledge or reason to know or suspect that the site was a contaminated site, and

(C) the person undertook all appropriate inquiries into the previous ownership and uses of the site and undertook other investigations, consistent with good commercial or customary practice at that time, in an effort to minimize potential liability,

(ii) while the person was an owner of the site, the person did not transfer any interest in the site without first disclosing any known contamination to the transferee, and

(iii) the owner or operator did not, by any act or omission, cause or contribute to the contamination of the site;

(e) an owner or operator who owned or occupied a site that at the time of acquisition was not a contaminated site and during the ownership or operation the owner or operator did not dispose of, handle or treat a substance in a manner that, in whole or in part, caused the site to become a contaminated site;

(f) a person described in section 20.31 (1) (c) or (d) or (2) (c) or (d) who

(i) transported or arranged to transport a substance to a site where the owner or operator of the site was authorized by or under statute to accept the substance at the time of its deposit, and

(ii) received permission to deposit the substance from the owner or operator described in subparagraph (i);

(g) a government body that involuntarily acquires an ownership interest in the contaminated site, other than by government restructuring or expropriation, unless the government body caused or contributed to the contamination of the site;

(h) a person who provides assistance or advice respecting remediation work at a contaminated site in accordance with this Act, unless the assistance or advice was carried out in a negligent fashion;

(i) a person who owns or operates a contaminated site that was contaminated only by the migration of a substance from other real property not owned or operated by the person;

(j) an owner or operator of a contaminated site containing substances that are present only as natural occurrences not assisted by human activity and where those substances alone caused the site to be a contaminated site;

(k) subject to subsection (2), a government body that possesses, owns or operates a roadway, highway or right of way for sewer or water on a contaminated site, to the extent of the possession, ownership or operation;

(l) a person who was a responsible person for a contaminated site for which a conditional certificate of compliance or a certificate of compliance was issued and for which another person subsequently proposes or undertakes to

(i) change the use of the contaminated site, and

(ii) provide additional remediation;

(m) a person who is in a class designated in the regulations as not responsible for remediation.

(2) Subsection (1) (k) does not apply with respect to contamination placed or deposited below a roadway, highway or right of way for sewer or water by the government body that possesses, owns or operates the roadway, highway or right of way for sewer or water.

(3) A person seeking to establish that he or she is not a responsible person pursuant to subsection (1) has the burden to prove all elements of the exemption on a balance of probabilities.

General principles of liability for remediation

20.41 (1) A person who is responsible for remediation at a contaminated site is absolutely, retroactively and jointly and severally liable to any person or government body for reasonably incurred costs of remediation of the contaminated site, whether incurred on or off the contaminated site.

(2) For the purpose of this section, costs of remediation means all costs of remediation and includes, without limitation,

(a) costs of preparing a site profile,

(b) costs of carrying out a site investigation and preparing a report, whether or not there has been a determination under section 20.3 as to whether or not the site is a contaminated site,

(c) legal and consultant costs associated with seeking contributions from other responsible persons, and

(d) fees imposed by a manager, a municipality, an approving officer, a division head or a district inspector under this Part.

(3) Liability under this Part applies notwithstanding

(a) that the introduction of a substance into the environment is or was not prohibited by any legislation if the introduction contributed in whole or in part to the site becoming a contaminated site, and

(b) the terms of any cancelled, expired, abandoned or current permit or approval or waste management plan and its associated operational certificate which authorizes the discharge of waste into the environment.

(4) Subject to section 20.6 (3), any person, including but not limited to, a responsible person and a manager, who incurs costs in carrying out remediation at a contaminated site may pursue in an action or proceeding the reasonably incurred costs of remediation from one or more responsible persons in accordance with the principles of liability set out in this Part.

Remediation orders

20.5 (1) A manager may issue a remediation order to any responsible person.

(2) A remediation order may require a person referred to in subsection (1) to do all or any of the following:

(a) undertake remediation;

(b) contribute, in cash or in kind, towards another person who has reasonably incurred costs of remediation;

(c) give security in an amount and form, which can include real and personal property, subject to conditions the manager specifies.

(3) When considering whether a person should be required to undertake remediation under subsection (2), a manager may determine whether remediation should be commenced promptly, and shall particularly consider the following:

(a) adverse effects on human health or pollution of the environment caused by contamination at the site;

(b) the potential for adverse effects on human health or pollution of the environment arising from contamination at the site;

(c) the likelihood of responsible persons or other persons not acting expeditiously or satisfactorily in implementing remediation;

(d) in consultation with the chief inspector appointed under the Mines Act, the requirements of a reclamation permit issued under section 10 of that Act;

(e) in consultation with a division head under the Petroleum and Natural Gas Act, the adequacy of remediation being undertaken under section 96 of that Act;

(f) other factors, if any, prescribed in the regulations.

(4) When considering who shall be ordered to undertake or contribute to remediation under subsections (1) and (2), a manager shall to the extent feasible without jeopardizing remediation requirements

(a) take into account private agreements respecting liability for remediation between or among responsible persons, if these agreements are known to the manager, and

(b) on the basis of information known to the manager, name one or more persons whose activities, directly or indirectly, contributed most substantially to the site becoming a contaminated site, taking into account factors such as

(i) the degree of involvement by the persons in the generation, transportation, treatment, storage or disposal of any substance that contributed, in whole or in part, to the site becoming a contaminated site, and

(ii) the diligence exercised by persons with respect to the contamination.

(5) A remediation order does not affect or modify the right of a person affected by the order to seek or obtain relief under an agreement, other legislation or common law, including but not limited to damages for injury or loss resulting from a release or threatened release of a contaminating substance.

(6) If a remediation order or a pollution abatement order requiring remediation under section 22 is issued, and a manager has not yet determined if a site is a contaminated site under section 20.3, the manager shall, as soon as reasonably possible after the issuance of the order,

(a) determine whether the subject site is a contaminated site, in accordance with section 20.3, and

(b) make a ruling as to whether the person named in the order is a responsible person under section 20.31, and if the person is not found to be a responsible person under paragraph (b), the manager making the order shall compensate, in accordance with the regulations, the person for any costs directly incurred by the person to comply with the order.

(7) A person receiving a remediation order under section 20.5 (1) or actual notice of a remediation order under section 20.5 (11) shall not, without the consent of a manager, knowingly do anything that diminishes or reduces assets that could be used to satisfy the terms and conditions of the remediation order, and where the person does so, the manager, notwithstanding any other remedy sought, may commence a civil action against the person for the amount of the diminishment or reduction.

(8) A manager may provide in a remediation order that a responsible person at a contaminated site is not required to commence remediation for a specified period of time if the contaminated site does not present an imminent and significant threat or risk to

(a) human health, given current and anticipated human exposure, or

(b) the environment.

(9) A person who has submitted a site profile under section 20.11 (8) shall not directly or indirectly diminish or reduce assets at a site designated in the site registry as a contaminated site, including without limitation

(a) disposition of real or personal assets, or

(b) subdivision of land until he or she requests and obtains written notice from a manager that the manager does not intend to issue a remediation order, and where the manager gives notice of the intention to issue a remediation order, or where the manager issues a remediation order, subsection (7) applies.

(10) A manager may amend or cancel a remediation order.

(11) A manager making a remediation order shall, within a reasonable time, provide notice of the order in writing to every person holding an interest with respect to the contaminated site that is registered in the land title office at the time of issuing the order.

Allocation panel

20.51 (1) The minister may appoint up to 12 persons with specialized knowledge in contamination, remediation or methods of dispute resolution to act as allocation advisors under this section.

(2) A manager may, on request by any person, appoint an allocation panel consisting of 3 allocation advisors to provide an opinion as to all or any of the following:

(a) whether the person is a responsible person;

(b) whether a responsible person is a minor contributor;

(c) the responsible person's contribution to contamination and the share of the remediation costs attributable to this contamination where the costs of remediation are known or reasonably ascertainable.

(3) When providing an opinion under subsection (2) (b) and (c), the allocation panel shall, to the extent of available information, have regard to the following:

(a) the information available to identify a person's relative contribution to the contamination;

(b) the amount of substances causing the contamination;

(c) the degree of toxicity of the substances causing the contamination;

(d) the degree of involvement by the responsible person, compared with one or more other responsible persons, in the generation, transportation, treatment, storage or disposal of the substances that caused the site to become contaminated;

(e) the degree of diligence exercised by the responsible person, compared with one or more other responsible persons, with respect to the substances causing contamination, taking into account the characteristics of the substances;

(f) the degree of cooperation by the responsible person with government officials to prevent any harm to human health or the environment;

(g) in the case of a minor contributor, factors set out in section 20.6 (1) (a) and (b);

(h) other factors considered relevant by the panel to apportioning liability.

(4) A manager may require, as a condition of entering a voluntary remediation agreement with a responsible person, that the responsible person, at his or her own cost, seek and provide to the manager an opinion from an allocation panel under subsection (2).

(5) A manager may consider, but is not bound by, any allocation panel opinion.

(6) Work performed by the allocation panel shall be paid for by the person who requests the opinion.

Minor contributors

20.6 (1) A manager may determine that a responsible person is a minor contributor if the person demonstrates that

(a) only a minor portion of the contamination present at the site can be attributed to the person,

(b) either

(i) no remediation would be required solely as a result of the contribution of the person to the contamination at the site, or

(ii) the cost of remediation attributable to the person would be only a minor portion of the total cost of the remediation required at the site, and

(c) in all circumstances the application of joint and several liability to the person would be unduly harsh.

(2) When a manager makes a determination under subsection (1) that a responsible person is a minor contributor, the manager shall determine the amount or portion of remediation costs attributable to the responsible person.

(3) A responsible person determined to be a minor contributor under subsection (1) is only liable for remediation costs in an action or proceeding brought by another person or the Crown under section 20.41 up to the amount or portion specified by a manager in the determination under subsection (2).

Division 4 - Implementation of Remediation

Voluntary remediation agreements

20.61 (1) A manager may, on request by a responsible person including a minor contributor, enter into a voluntary remediation agreement consisting of

(a) provisions for financial or other contributions by the responsible person,

(b) a certification by the responsible person that the person has fully and accurately disclosed all information in the person's possession regarding site conditions and the person's activities respecting that site,

(c) security in an amount and form which may include real and personal property, subject to conditions the manager specifies,

(d) a schedule of remediation acceptable to the manager, and

(e) requirements that the manager considers to be reasonably necessary to achieve remediation.

(2) A voluntary remediation agreement discharges the responsible person who entered into the voluntary remediation agreement from further liability but does not

(a) discharge from liability other responsible persons not named in the voluntary remediation agreement but reduces the total potential liability of other responsible persons by the amount, if any, specified in the voluntary remediation agreement,

(b) affect or modify in any way any person's right to seek or obtain relief under other legislation or under the common law, including but not limited to damages for injury or loss resulting from contamination, or

(c) prevent the manager from entering into a further voluntary remediation agreement.

(3) A manager may stipulate in a voluntary remediation agreement that a responsible person at a contaminated site is not required to commence remediation for a specified period of time, if the responsible person demonstrates that the contaminated site does not present an imminent and significant threat or risk to

(a) human health, given current and anticipated human exposure, or

(b) the environment.

Public consultation and review

20.7 (1) A manager may order that a responsible person, at the person's own cost, provide, in accordance with any regulations, for public consultation or review of remediation.

(2) In considering the need for an order under subsection (1), a manager may take into account such factors as

(a) the size and location of the contaminated site,

(b) the nature of contamination at the contaminated site,

(c) the potential for human exposure to contamination,

(d) the impact on the environment of the contamination,

(e) migration of contamination off the site,

(f) proposed remediation methods to be used and the potential for long term health, environmental or financial impacts,

(g) opportunities for public involvement afforded by any municipal development approval process,

(h) whether consultation with the public would improve the quality of information in a site investigation,

(i) whether consultation with the public would enable a well informed choice on the preferred remediation alternative, and

(j) the extent to which public consultation has already taken place.

Certificates of compliance

20.71 (1) On application by a responsible person, a manager may issue an approval in principle stating that a remediation plan for a contaminated site

(a) has been reviewed by the manager,

(b) has been approved by the manager, and

(c) may be implemented in accordance with conditions specified by the manager.

(2) A manager, in accordance with the regulations, may issue a certificate of compliance with respect to remediation of a contaminated site if

(a) the contaminated site has been remediated in accordance with

(i) prescribed numerical standards,

(ii) any orders under this Act,

(iii) any remediation plan approved by the manager, and

(iv) any requirements imposed by the manager, and

(b) any security in an amount and form, which may include real and personal property, required by the manager has been provided relative to the management of substances remaining on the site.

(3) A manager, in accordance with the regulations, may issue a conditional certificate of compliance with respect to remediation of a contaminated site if

(a) the contaminated site has been remediated in accordance with

(i) prescribed risk based standards and prescribed environmental impact requirements,

(ii) any orders under this Act,

(iii) any remediation plan approved by the manager, and

(iv) any requirements imposed by the manager,

(b) information about remediation and the substances remaining on the site has been recorded in the site registry,

(c) any monitoring plan relative to the presence of substances on the site required by the manager has been prepared and works have been installed to implement the plan,

(d) any security in an amount and form, which may include real and personal property, required by the manager has been provided relative to the management of substances remaining on the site, and

(e) the responsible person, if required by the manager, prepares in a form acceptable to a manager, registers and provides proof of registration of a restrictive covenant under section 215 of the Land Title Act.

(4) A conditional certificate of compliance does not take effect until the registrar has made an entry in the site registry indicating that a conditional certificate of compliance has been issued for the site, or a part of the site.

(5) A manager may withhold an approval in principle, a certificate of compliance or a conditional certificate of compliance if any fees payable under this Part or the regulations are outstanding.

(6) A manager may issue an approval in principle, a certificate of compliance or a conditional certificate of compliance for a part of a contaminated site.

Independent remediation procedures

20.8 (1) A responsible person may carry out independent remediation

(a) whether or not a determination has been made as to whether the site is a contaminated site,

(b) whether or not a remediation order has been issued with respect to the site, or

(c) whether or not a voluntary remediation agreement with respect to the site has been entered into.

(2) Any person undertaking independent remediation at a contaminated site shall

(a) notify a manager in writing promptly on initiating remediation, and

(b) notify a manager in writing within 90 days of completing remediation.

(3) A manager may at any time during independent remediation by any person

(a) inspect and monitor any aspect of the remediation to determine compliance with the regulations,

(b) issue a remediation order as appropriate,

(c) order public consultation and review under section 20.7, or

(d) impose requirements that the manager considers are reasonably necessary to achieve remediation.

(4) On request from the responsible person, and on receiving information respecting independent remediation, suitable to a manager, the manager may

(a) review the remediation in accordance with the regulations and any requirements imposed under subsection (3) (d), and

(b) issue an approval in principle, a certificate of compliance or a conditional certificate of compliance under section 20.71.

(5) In accordance with the regulations, a manager may assess prescribed fees for carrying out the actions referred to in subsection (4).

Contaminated soil relocation

20.81 (1) Subject to subsection (5), no person shall relocate contaminated soil from a contaminated site without

(a) entering into a contaminated soil relocation agreement, and

(b) complying with terms and conditions of the contaminated soil relocation agreement.

(2) A manager may enter into a contaminated soil relocation agreement with

(a) the owner or operator of a site proposed to receive contaminated soil, and

(b) a responsible person of the contaminated site from which the contaminated soil is proposed to be removed if, in the view of the manager, having regard to the suitability of the receiving site, quality of the soil to be relocated and existing and future uses of the receiving site, the relocation would not cause a significant potential for adverse effects on human health or for pollution of the environment.

(3) The contaminated soil relocation agreement must ensure that prescribed standards and procedures are adhered to and that

(a) the quality of the soil at the location of deposit is suitable for the use intended based on prescribed numerical standards, or

(b) the conditions at the location of deposit are suitable for the use intended as documented by a risk assessment and environmental impact assessment conducted in accordance with the regulations and to the satisfaction of a manager.

(4) A manager may, as a condition of entering into a contaminated soil relocation agreement, require the person requesting the agreement to provide

(a) information pertaining to the source site, the receiving site and the quantity and quality of material being relocated, and any other prescribed information, and

(b) security in an amount and form, which may include real and personal property, subject to conditions the manager specifies.

(5) Nothing in this Part prevents a person from depositing soil from a contaminated site at another site where the deposit is authorized by

(a) a valid and subsisting permit or approval,

(b) an order,

(c) a waste management plan approved by the minister and its associated operational certificate, or

(d) the regulations.

(6) A municipality, including its employees or elected officials, does not incur any liability and shall not be considered a responsible person under this Act as a result of any bylaw, permit, licence, approval or other document issued under the Islands Trust Act, the Municipal Act or the Vancouver Charter that authorizes the removal or deposit of contaminated soil within the municipality.

(7) Notwithstanding section 20 (4), subsection (6) of this section does not apply if

(a) a bylaw of a municipality, or

(b) a permit, licence, approval or other document issued under the authority of a municipal bylaw establishes standards or procedures for testing, excavating, storing, removing, relocating or depositing contaminated soil that conflict with this Act, the regulations, a permit, approval, order, contaminated soil relocation agreement or an approved waste management plan.

(8) Subsection (6) does not give immunity to any municipality from obligations the municipality may have under this Act with respect to

(a) a contaminated site owned by the municipality,

(b) contaminated soil which originated from property owned by the municipality, or

(c) activities of the municipality, other than regulatory activities, that caused or contributed to property becoming a contaminated site.

(9) A manager who enters into a contaminated soil relocation agreement shall provide notice of the agreement to the municipality from which the soil is removed and to the municipality in which the receiving site is situated.

Selection of remediation options

20.9 (1) A person conducting or otherwise providing for remediation shall give preference to remediation alternatives that provide permanent solutions to the maximum extent practicable, taking into account the following factors:

(a) any potential for adverse effects on human health or for pollution of the environment;

(b) the technical feasibility and risks associated with alternative remediation options;

(c) remediation costs associated with alternative remediation options and the potential economic benefits, costs and effects of the remediation options;

(d) other prescribed factors, if any.

(2) When issuing an approval in principle, a certificate of compliance or a conditional certificate of compliance, a manager shall consider whether permanent solutions have been given preference to the maximum extent practicable as determined in accordance with the guidelines, if any, set out in the regulations.

Division 5 - Delegation

Delegation of responsibilities to municipalities or other ministries

20.91 (1) The minister and a municipality may enter into an agreement enabling the municipality to exercise powers and functions described in subsection (3), except when those powers and functions apply to a contaminated site that is owned by a municipality or for which a municipality is a responsible person.

(2) The minister and any other minister of the Crown in right of British Columbia may, to enhance coordination of Provincial regulatory activities, enter into an arrangement enabling the ministry of the other minister to exercise one or more powers and functions described in this Part, except when those powers and functions apply to a contaminated site that is owned by that ministry or for which that ministry is a responsible person.

(3) Where an agreement or arrangement under subsection (1) or

(2) has been entered into, the director may delegate to one or more officials at a municipality or another ministry the powers and functions of a manager respecting any or all of the following:

(a) site profiles;

(b) site investigations;

(c) remediation orders;

(d) voluntary remediation agreements;

(e) public consultations or reviews;

(f) approvals in principle;

(g) certificates of compliance;

(h) contaminated soil relocation agreements.

(4) The director shall not delegate under subsection (3) any of the powers or functions with respect to any of the following:

(a) determinations as to whether a site is a contaminated site;

(b) issuance of conditional certificates of compliance;

(c) determinations as to whether a responsible person is a minor contributor.

(5) Where a power or function is delegated to a municipality or another ministry under this section, it may assess the fees prescribed in the regulations with respect to that power or function.

(6) Where a power or function has been delegated to an official of a municipality or a ministry, any decision of the official is a decision which may be appealed to the appeal board under Part 5.

Division 6 - Ministry Authority

Powers of minister

20.92 (1) A manager may determine in accordance with the regulations whether

(a) a contaminated site is an orphan site, and

(b) an orphan site is a high risk orphan site.

(2) The minister may declare, in writing, that it is necessary for the protection of human health or the environment for the government to undertake remediation at

(a) a contaminated site which is not otherwise being adequately remediated, or

(b) a high risk orphan site and where a declaration has been made, the minister may carry out remediation and recover reasonably incurred costs of remediation.

(3) If the minister makes a declaration under subsection (2), the minister or an officer authorized in writing by the minister may order any person to

(a) provide labour, services, material, equipment or facilities, or

(b) allow the use of land for the purpose of undertaking the remediation, notwithstanding that the ordered action interferes with or abrogates property rights.

(4) If the minister makes a declaration under subsection (2), the manager or any officer or any person delegated by an officer may enter property and carry out remediation, notwithstanding that the entry or remediation interferes with or abrogates property rights.

(5) A person affected by an order made under subsection (3) shall comply with the order notwithstanding any other enactment.

(6) Where the minister certifies that money is required to undertake remediation under this section, the amount the minister certifies to be required may be paid out of the consolidated revenue fund.

(7) A certificate signed by the minister and showing an amount of money expended by the government under this section is conclusive as to the amount expended.

(8) Where the minister makes a declaration under subsection (2) or an order under subsection (3), the registrar shall make a notation of the declaration on the site registry.

Cost recovery

20.93 (1) The manager may attempt to recover all or a portion of the cost of remediation by

(a) seeking to identify and recover costs from responsible persons during or after remediation,

(b) arranging to sell or selling the property, or

(c) seeking contributions from available cost sharing agreements with government bodies or other persons.

(2) The amount shown on the certificate under section 20.92

(6) is a debt due to the government and, subject to subsection (3), recoverable

(a) from any responsible person, by action in the Supreme Court, or

(b) by order of the minister directing any person, who has purchased any land subject to remediation under this section, to pay to the minister instead of to the vendor an amount not exceeding the amount owing to the vendor in respect of the amounts expended in remediation, and where the purchaser pays the specified amount to the minister, the purchaser is discharged from any obligation to pay this amount to the vendor.

(3) If the Supreme Court is satisfied that the expenditure incurred by the government under this section was either

(a) excessive, taking into consideration the requirements of the regulations governing remediation, or

(b) unnecessary, taking into consideration the regulations governing remediation, the Supreme Court may reduce or extinguish the amount of the judgment that it would otherwise have ordered to be entered against the person against whom the action has been brought.

(4) The minister may register a lien at the land title office for the costs of remediation incurred by the government at a contaminated site that has been remediated under this section.

(5) A lien under subsection (4) is payable in priority over all liens, charges or mortgages of every person, whenever created or to be created, with respect to the site or proceeds of the site, except for liens for wages due to workers by their employer and liens under section 52 of the Workers Compensation Act.

(6) The exception in subsection (5) does not apply in respect of a lien for wages that is, by section 15 (3) of the Employment Standards Act, postponed to a mortgage or debenture.

(7) Where the minister makes an order under subsection (2) (b), the registrar shall make a notation of the order on the site registry.

Immunity

20.94 (1) No action lies and no proceedings may be brought against the Crown, the minister, a municipality or an employee or elected official of the government or of a municipality because of anything arising out of the administration of powers, duties and functions under this Part, except where a person establishes that the Crown, the minister, a municipality or an employee or elected official of the government or of a municipality acted in bad faith.

(2) Where a municipality, including its employees and elected officials, relies on the contents of an approval in principle, a certificate of compliance or a conditional certificate of compliance in good faith, the municipality is not liable for damages arising from reliance on the approval in principle, certificate of compliance and conditional certificate of compliance.

(3) Where a municipality, including its employees and elected officials, enters into an agreement under section 20.91 enabling the municipality to issue an approval in principle or a certificate of compliance, the municipality is not liable if it relies on an approval in principle or certificate of compliance where the contents of the approval in principle or certificate of compliance have been prepared in good faith by the municipality.

Province retains right to take future action

20.95 A manager may exercise any of the manager's powers or functions under this Part, notwithstanding that they have been previously exercised and notwithstanding any voluntary remediation agreement, if

(a) additional information relevant to establishing liability for remediation becomes available, including information that indicates that a responsible person does not meet the requirements of a minor contributor,

(b) standards under the regulations have been revised so that conditions at a site exceed or otherwise contravene the new standards,

(c) activities occur on a site that may change its condition or use,

(d) information becomes available about a site that leads to a reasonable inference that a site poses a threat to human health or the environment,

(e) a responsible person fails to exercise due care with respect to any contamination at the site, or

(f) a responsible person directly or indirectly contributes to contamination at the site after the previous action.

3 Section 24 is repealed and the following substituted:

Restraining orders

24 (1) If a person by carrying on any activity or operation contravenes section 3, 4 or 5, or a suspension or cancellation made under section 23, or an order made under Part 3.1, the activity or operation may be restrained in a proceeding brought by the minister in the Supreme Court.

(2) The making of an order under subsection (1) does not prevent the imposition of a penalty in respect of an offence under section 3, 4 or 5, or a suspension or cancellation made under section 23, or an order made under Part 3.1.

4 Section 34 is amended by adding the following subsection:

(17) A person who

(a) fails to submit a site profile under section 20.11 (1), (2), (3), (4), (7), (8) or (9),

(b) fails to undertake a preliminary site investigation or a detailed site investigation and to prepare a report of the investigation under section 20.2 (1) or (2),

(c) fails to comply with a remediation order under section 20.5,

(d) diminishes or reduces assets the person knows or reasonably should know will be used to comply with the terms and conditions of an order under section 20.5 (7),

(e) fails to seek an opinion from an allocation panel if required to do so under section 20.51 (4),

(f) fails to comply with the terms and conditions required by a manager in a voluntary remediation agreement under section 20.61 (1),

(g) fails to notify a manager of independent remediation under section 20.8 (2),

(h) fails to comply with requirements of a manager regarding independent remediation under section 20.8,

(i) relocates contaminated soil without a contaminated soil relocation agreement where required under section 20.81 (1), or

(j) fails to comply with a provision of the regulations under section 35.1 commits an offence and is liable to a penalty not exceeding $200 000.

5 The following section is added:

Contaminated site remediation regulations

35.1 (1) Without limiting section 35, the Lieutenant Governor in Council may make regulations

(a) prescribing other action for the purpose of the definition of "remediation" in section 1, including but not limited to routine procedures applicable to remediation of contamination associated with underground storage tanks,

(b) respecting the content and procedures for site profiles and site investigations,

(c) respecting the duty to provide a site profile, including criteria for assessment, the circumstances in which a site profile must be provided, deadlines for submitting a site profile and a manager's powers respecting site profiles,

(d) respecting disclosures by persons not specified in section 20.11, including without limitation disclosures by lessors and lessees,

(e) prescribing fees authorized by Part 3.1 including, without limitation, fees for assessing or reviewing site profiles, site investigations and studies and reports of remediation and for making determinations under section 20.3,

(f) respecting the content of the site registry and the management of and procedures relating to the site registry, including requirements for persons to submit information to the registrar,

(g) designating classes of persons as responsible persons in addition to those referred to in section 20.31,

(h) designating classes of persons who are not responsible persons in addition to those referred to in section 20.4,

(i) respecting modifications, interpretive guidelines and procedures for any exemptions set out in section 20.4,

(j) respecting the duties and rights of vendors and purchasers of property that may be contaminated,

(k) respecting remediation orders, voluntary remediation agreements and voluntary remediation procedures,

(l) respecting remediation, including guidelines for preparation of remediation studies and plans and guidelines for assessing whether permanent solutions have been used to the maximum extent possible,

(m) respecting review of remediation by a manager,

(n) respecting the establishment of the allocation panel, the conduct of and procedures at the panel deliberations, fees for panel members and factors that must be considered in allocating responsibility,

(o) respecting procedures governing minor contributors,

(p) respecting approvals in principle, certificates of compliance and conditional certificates of compliance,

(q) respecting a manager's power with respect to a person who fails to comply with an order made under Part 3.1,

(r) prescribing assessment and remediation standards including standards to be used for the purpose of the definition of "contaminated site",

(s) respecting compensation payable under Part 3.1,

(t) setting out the requirements for public notice and the opportunity for public comment that apply to particular initiatives under Part 3.1,

(u) establishing substantive and procedural requirements for the planning, conduct and reporting of remediations of particular types of contamination,

(v) prescribing procedures and standards applicable to contaminated soil relocation and contaminated soil relocation agreements under section 20.81 (3),

(w) requiring a person who moves soil from a contaminated site to another location to provide to the ministry prescribed information in a format suitable for inclusion in the site registry, and

(x) establishing transitional requirements for remediation that has commenced prior to the coming into force of this section.

(2) A regulation made under subsection (1) may delegate to the director, an officer or a manager those powers and functions as the Lieutenant Governor in Council considers desirable.

 
Consequential Amendments

 
Islands Trust Act

6 The Islands Trust Act, S.B.C. 1989, c. 68, is amended by adding the following section at the end of Part 4:

Waste Management Act

31.1 A local trust committee shall not approve an application for

(a) zoning and rezoning including siting and use permits,

(b) development permits or development variance permits,

(c) removal of soil, or

(d) activities prescribed by regulation under the Waste Management Act, if the local trust committee

(e) has not received a site profile where required under section 20.11 of the Waste Management Act,

(f) has received a site profile but has not sent it to the manager under section 20.11 (5) (b) of the Waste Management Act,

(g) has sent a site profile to the manager under section 20.11 (5) (b) of the Waste Management Act but the local trust committee has not received notice that a site investigation under section 20.2 of that Act will not be required, or

(h) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 20.71 of the Waste Management Act from the person making an application described in paragraphs (a) to (d) above.

 
Land Title Act

7 The Land Title Act, R.S.B.C. 1979, c. 219, is amended by adding the following section:

Waste Management Act

85.1 Notwithstanding section 85, an approving officer shall not approve an application for subdivision if the approving officer

(a) has not received a site profile under section 20.11 of the Waste Management Act,

(b) has received a site profile but has not sent it to the manager under section 20.11 (5) (b) of the Waste Management Act,

(c) has sent a site profile to the manager under section 20.11 (5) (b) of the Waste Management Act but the approving officer has not received notice that a site investigation under section 20.2 of that Act will not be required, or

(d) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 20.71 of the Waste Management Act from the person making an application for subdivision.

 
Mines Act

8 The Mines Act, S.B.C. 1989, c. 56, is amended by adding the following section:

Waste Management Act

10.1 The chief inspector shall not approve an application for any permit or for revisions to the conditions of an existing permit under section 10 of the Mines Act unless a site profile has been submitted to the district inspector under section 20.11 (4) of the Waste Management Act.

 
Municipal Act

9 Section 930.1 of the Municipal Act, R.S.B.C. 1979, c. 290, is amended by adding the following subsection:

(3.1) A provision in a bylaw under subsection (2) that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the Minister of Environment, Lands and Parks.

10 Section 981 is amended by adding the following subsection:

(6) Any requirement to approve a permit or licence under this section is subject to section 1000.

11 Part 29 is amended by adding the following Division:

Division (9) - Contaminated Sites

Assessment of site profiles

999 (1) In this Division, "municipality" means a city, town or village incorporated by or under an Act, and includes a district municipality and a regional district.

(2) A municipality shall

(a) assess site profiles referred to in section 20.11 (1) of the Waste Management Act, and

(b) in accordance with section 20.11 (5) of the Waste Management Act, provide site profiles to a manager.

Waste Management Act

1000 Notwithstanding section 981,

(a) a municipality shall not approve an application for

(i) zoning,

(ii) development permits or development variance permits,

(iii) removal of soil,

(iv) demolition permits respecting structures that have been used for commercial or industrial purposes, or

(v) activities prescribed by regulation under the Waste Management Act, if the municipality

(b) has not received a site profile where required under section 20.11 of the Waste Management Act,

(c) has received a site profile but has not sent it to the manager under section 20.11 (5) (b) of the Waste Management Act,

(d) has sent a site profile to the manager under section 20.11 (5) (b) of the Waste Management Act but the municipality has not received notice that a site investigation under section 20.2 of that Act will not be required, or

(e) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 20.71 of the Waste Management Act from the person making an application described in paragraph (a) (i) to (v).

Agreements for regulating contaminated sites

1001 A municipality may by bylaw enter into and implement agreements referred to in sections 20.81 and 20.91 of the Waste Management Act.

 
Petroleum and Natural Gas Act

12 The Petroleum and Natural Gas Act, R.S.B.C. 1979, c. 323, is amended by adding the following section:

Waste Management Act

96.1 The division head shall not approve an application for a certificate of restoration respecting a well, test hole or production facility in accordance with section 96 where the division head

(a) has not received a site profile under section 20.11 of the Waste Management Act,

(b) has received a site profile but has not sent it to the manager under section 20.11 (5) (b) of the Waste Management Act,

(c) has sent a site profile to the manager under section 20.11 (5) (b) of the Waste Management Act but the division head has not received notice that a site investigation under section 20.2 of that Act will not be required, or

(d) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 20.71 of the Waste Management Act from the person making an application for a certificate of restoration respecting a well, test hole or production facility in accordance with section 96.

 
Property Law Act

13 The Property Law Act, R.S.B.C. 1979, c. 340, is amended by adding the following sections:

Vendor disclosure

36 Where a vendor of real property fails to provide a site profile to a purchaser under section 20.11 (7) of the Waste Management Act, the purchaser may exercise any remedies under the common law or under the regulations.

Regulations

37 The Lieutenant Governor in Council may make regulations respecting the remedies of a purchaser under section 36.

 
Vancouver Charter

14 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following sections at the end of Part XXVII:

Waste Management Act

571 B. Notwithstanding anything in this Act,

(a) the Council or its delegate shall not approve an application for

(i) zoning,

(ii) development permits,

(iii) removal of soil,

(iv) demolition permits respecting structures that have been used for commercial or industrial purposes, or

(v) activities prescribed by regulation under the Waste Management Act, if the Council or its delegate

(b) has not received a site profile where required under section 20.11 of the Waste Management Act,

(c) has received a site profile but has not sent it to the manager under section 20.11 (5) of the Waste Management Act,

(d) has sent a site profile to the manager under section 20.11 (5) of the Waste Management Act but the Council or its delegate has not received notice that a site investigation under section 20.2 of that Act will not be required, or

(e) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 20.71 of the Waste Management Act from the person making an application described in paragraph (a) (i) to (v).

Agreements for regulating contaminated sites

571 C. The Council may by bylaw enter into and implement an agreement referred to in sections 20.81 and 20.91 of the Waste Management Act.

Approval of bylaw

571 D. A provision in a bylaw that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the Minister of Environment, Lands and Parks.

Commencement

15 This Act comes into force by regulation of the Lieutenant Governor in Council.


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