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In This Volume

  • 40 (1) A person must provide, in accordance with the regulations, a site disclosure statement to the following, as applicable, for land that the person knows or reasonably should know has been used for a specified industrial or commercial use:
  • (a) the approving officer, if the person applies for or otherwise seeks approval for subdivision of the land;
  • (6) A vendor of real property must provide, in accordance with the regulations, a site disclosure statement to a prospective purchaser of the real property if the vendor knows or reasonably should know that the real property has been used for a specified industrial or commercial use.

2003-53-40, effective July 8, 2004 (B.C. Reg. 317/2004); 2019-19-2, effective February 1, 2021 (B.C. Reg. 161/2020).

REGULATIONS AND FORMS

Contaminated Sites Regulation

Definitions

These excerpts from ss. 1 and 1.1 of the Contaminated Sites Regulation, B.C. Reg. 375/96, apply to the sections of the regulation that are cited in these materials.

Definitions

  • 1 In this regulation:
  • “commercial land use” means the use of land for the primary purpose of buying, selling or trading of merchandise or services including, without limitation, shopping malls, office complexes, restaurants, hotels, motels, grocery stores, automobile service stations, petroleum distribution operations, dry cleaning operations, municipal yards, warehouses, law courts, museums, churches, golf courses, government offices, air and sea terminals, bus and railway stations, and storage associated with these uses;
  • “industrial land use” means the use of land for the primary purpose of conducting industrial manufacturing and assembling processes and their ancillary uses including, without limitation, factories, metal foundries, wood treatment facilities, mines, refineries, hydroelectric dams, metal smelters, automotive assembly plants, rail car or locomotive maintenance facilities, railyards, non-retail breweries and bakeries, roads and highways, wastewater and sewage treatment plants, electrical transformer stations and salvage yards;
  • “ownership interest”, when used in Part 2, means
  • (a) a fee simple interest,
  • (b) a lease or similar form of tenure respecting real property having a term, including any option to renew, equal to or exceeding 30 years, or
  • (c) a licence of occupation under section 39 of the Land Act having a term, including any option to renew, equal to or exceeding 30 years,
  • but does not include an interest in the nature of
  • (d) a mortgage,
  • (e) a right of way,
  • (f) a tenure under the Forest Act,
  • (g) a lien,
  • (h) a judgement,
  • (i) an interest in real property which deals exclusively with subsurface rights including a tenure under the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act,
  • (j) an option to purchase,
  • (k) an equitable charge,
  • (l) a restrictive covenant,
  • (m) a covenant under section 219 of the Land Title Act, or
  • (n) a right to purchase an ownership interest;
  • “residential land use” means the use of land for the primary purpose of
  • (a) a residence by persons on a permanent, temporary or seasonal basis, including, without limitation, single family dwellings, cabins, apartments, condominiums or townhouses, or
  • (b) institutional facilities, including, without limitation, schools, hospitals, daycare operations, prisons, correctional centres and community centres;
  • “right of way” includes
  • (a) an easement,
  • (b) a statutory right of way, and
  • (c) a limited interest in the land or a licence or a permit that grants the right to construct, operate or maintain works of a lineal nature on, over or under land;
  • “wide area remediation plan” means a remediation plan for an environmental management area for one or more specific substances which have originated from one or more sources specified in the plan;

Interpretation—specified industrial or commercial uses

  • 1.1 For the purposes of the definition of “specified industrial or commercial use” in section 39(1) of the Act, the purposes and activities set out in Schedule 2 of this regulation are prescribed as industrial and commercial purposes or activities.

[en. B.C. Reg. 161/2020, App. 2, s. 2.]

Site Disclosure Statements

Note: Effective February 1, 2021, the Contaminated Sites Regulation was significantly amended such that the former “site profile” form was replaced by the “site disclosure statement”, the form of which is found in Schedule 1 of the Contaminated Sites Regulation. Exemptions from the requirement to submit a site disclosure statement differ from those that were available in respect of a site profile. These revisions are intended to ensure that only sites being redeveloped for a new use or undergoing significant upgrades are captured by the process. The revisions are also intended to avoid situations where a contaminated site could be redeveloped without being remediated. Every person who is required to provide a site disclosure statement is required to complete a site investigation.

Part 2 of the Regulation, Site Disclosure Statements, prescribes when site disclosure statements must be provided, establishes exemptions from their provision, sets out requirements for their completion, sets out requirements for municipalities and approving officers for assessing and forwarding site disclosure statements, and sets out required investigations and reports. Excerpts from Part 2 of the Regulation are provided below.

Part 2—Site Disclosure Statements

Division 1—Interpretation

Interpretation—decommissioning a site

  • 2.1 For the purposes of section 40(2)(a)(i) of the Act and this Part, an owner or operator decommissions a site if the owner or operator does any of the following in a manner designed to stop all specified industrial or commercial uses of the site:
  • (a) removes or treats soil;
  • (b) removes, destroys or treats buildings or process equipment, including storage tanks.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Interpretation—ceasing operations at a site

  • 2.2 For the purposes of section 40(2)(a)(ii) of the Act and this Part, an owner or operator ceases operations on land if
  • (a) the owner or operator ceases using the land for a specified industrial or commercial use, and
  • (b) the land is not used for any specified industrial or commercial uses for 12 months after the date on which the specified industrial or commercial use referred to in paragraph (a) ceases.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Division 2—When Site Disclosure Statements Must Be Provided

Site disclosure statements by persons applying to approving officers or municipalities

  • 3 A person who is required to provide a site disclosure statement under section 40(1) of the Act must provide the site disclosure statement at the time of presenting, in writing, an application or request for approval described in that section.

[en. B.C. Reg. 131/2020, App. s. 3.]

Site disclosure statements by municipalities undertaking zoning or rezoning

  • 3.1 A municipality that, under section 40(1)(b)(i) of the Act, is undertaking to zone or rezone land in which it has an ownership interest must provide a site disclosure statement to the registrar within 15 days after giving first reading to the applicable zoning bylaw.

[en. B.C. Reg. 131/2020, App. s. 3.]

Site disclosure statements by owners or operators of land

  • 3.2 (1) A person who is required to provide a site disclosure statement under section 40(2)(a) of the Act in relation to land must provide the site disclosure statement to the registrar within 6 months after the owner or operator
  • (a) decommissions a site on the land, or
  • (b) ceases operations on the land.
  • (2) A person who is required to provide a site disclosure statement under section 40(2)(b) of the Act must provide the site disclosure statement within 90 days after filing for protection under, or otherwise becoming subject to, the Companies’ Creditors Arrangement Act (Canada).
  • (3) A person who is required to provide a site disclosure statement under section 40(2)(c) of the Act must provide the site disclosure statement within 90 days after filing a proposal, or a notice of intention to make a proposal, under Part III of the Bankruptcy and Insolvency Act (Canada).

[en. B.C. Reg. 131/2020, App. s. 3.]

Site disclosure statements by vendors of real property

  • 3.3 A vendor of real property who is required to provide a site disclosure statement under section 40(6) of the Act must provide the site disclosure statement as follows:
  • (a) unless paragraph (b) applies, at least 30 days before the actual transfer of the real property;
  • (b) if the time between the written agreement for the transfer of the real property and the actual transfer is less than 30 days, before the written agreement is entered into.

[en. B.C. Reg. 131/2020, App. s. 3.]

Site disclosure statements by persons who take possession or control of real property

  • 3.4 A person who is required to provide a site disclosure statement under section 40(7) of the Act must provide the site disclosure statement to the registrar within 10 days after the person takes possession or control of real property referred to in that provision.

[en. B.C. Reg. 131/2020, App. s. 3.]

Request for information by municipality or approving officer

  • 3.5 Nothing in this Part restricts the authority of a municipality or approving officer to request a person applying for or otherwise seeking approval of a matter referred to in section 40(1) of the Act to provide the information required by a site disclosure statement even though the person is not required under the Act to provide a site disclosure statement.

[en. B.C. Reg. 131/2020, App. s. 3.]

Division 3—Exemptions from Providing Site Disclosure Statements

Exemption—other processes apply under the Act

  • 4 (1) A person is exempt from the requirement to provide a site disclosure statement under section 40(1) or (2) of the Act in relation to a site if
  • (a) the site is the subject of an approval in principle or certificate of compliance relevant to
    • (i) the current use of the site, or
    • (ii) any use of the site proposed by the person, and
  • (b) the person, after making reasonable inquiries, has no reason to believe that any further contamination occurred at the site after the approval in principle or certificate was issued.
  • (2) A person is exempt from the requirement to provide a site disclosure statement under section 40(1) or (2) of the Act in relation to a site if
  • (a) the site is located within an environmental management area for which a director has approved
    • (i) a wide area remediation plan, or
    • (ii) the scope of a proposed wide area remediation plan, and
  • (b) the site disclosure statement would be provided only as a result of uses or activities that caused contamination that is dealt with in the approved plan or scope.
  • (3) A person is exempt from the requirement to provide a site disclosure statement under section 40(1) or (2) of the Act in relation to a site if
  • (a) a determination was made under section 44 of the Act that the site is not a contaminated site, and
  • (b) the person, after making reasonable inquiries, has no reason to believe that any contamination occurred at the site after the determination was made.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Exemption—persons applying to approving officers

  • 4.1 (1) A person is exempt from the requirement to provide a site disclosure statement to an approving officer under section 40(1)(a) of the Act if either of the following applies:
  • (a) the person is an applicant for subdivision under section 114 of the Land Title Act;
  • (b) the proposed subdivision consists only of
    • (i) an adjustment to the boundary of a parcel, or
    • (ii) a consolidation of 2 or more parcels into a single parcel.
  • (2) If, in relation to a development on land, a person applies for or otherwise seeks from an approving officer more than one approval for subdivision at the same time, the person may comply with the requirement under section 40(1)(a) of the Act by providing a single site disclosure statement relating to the land for the purposes of all those approvals.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Exemption—persons applying to municipalities

  • 4.2 (1) A person is exempt from the requirement to provide a site disclosure statement to a municipality under section 40(1)(b)(i) of the Act if
  • (a) the land in relation to which the person is seeking approval for zoning is being used for a specified industrial or commercial use, and
  • (b) the specified industrial or commercial use would continue to be authorized on the land if the zoning were approved.
  • (2) A person is exempt from the requirement to provide a site disclosure statement to a municipality under section 40(1)(b)(ii) of the Act if the development permit or building permit in relation to which the person is seeking approval is for only one or more of the following purposes:
  • (a) demolition;
  • (b) installing or replacing underground utilities;
  • (c) installing or replacing fencing or signage;
  • (d) paving;
  • (e) landscaping.
  • (3) If, in relation to a development on land, a person applies for or otherwise seeks from a municipality more than one approval for zoning or permits at the same time, the person may comply with the requirement under section 40(1)(b) of the Act by providing a single site disclosure statement relating to the land for the purposes of all those approvals.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Exemption—municipalities undertaking zoning or rezoning

  • 4.3 A municipality undertaking to zone or rezone land is exempt from the requirement to provide a site disclosure statement under section 40(1)(b)(i) of the Act if either of the following applies:
  • (a) the municipality does not have an ownership interest in the land;
  • (b) the municipality does not intend to develop any parcels of land in which it has an ownership interest that are located within the area being zoned or rezoned.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Exemption—more than one owner or operator required to provide site disclosure statement when ceasing operations on land

  • 4.4 A person is exempt from the requirement to provide a site disclosure statement under section 40(2)(a) of the Act in relation to land if
  • (a) one or more other persons are also required to provide a site disclosure statement under that section as a result of a site being decommissioned on the land or operations ceasing on the land, as applicable, and
  • (b) the site disclosure statement is provided by one of those other persons.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Exemption—operating areas under the Oil and Gas Activities Act

  • 4.5 A person is exempt from the requirement to provide a site disclosure statement under section 40(2)(b) and (c) of the Act in relation to land if the land is an operating area within the meaning of the Oil and Gas Activities Act.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Exemption—vendors of real property

  • 4.6 A vendor of real property is exempt from the requirement to provide a site disclosure statement under section 40(6) of the Act if any of the following apply:
  • (a) the vendor does not have an ownership interest in the real property;
  • (b) the prospective purchaser waives, in writing, the entitlement to be provided with the site disclosure statement;
  • (c) at the time of the contract for purchase and sale, the real property
    • (i) is used primarily for a residential purpose, or
    • (ii) has never been zoned for any use other than primarily for residential purposes.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Exemption—previous submission of site profile

  • 4.7 (1) In this section, “site profile” means a site profile under section 40 of the Act as that section read immediately before February 1, 2021.
  • (2) A person is exempt from the requirement to provide a site disclosure statement under section 40(1) of the Act in relation to land if all of the following criteria are met:
  • (a) a site profile that relates to the land was provided to a municipality or approving officer before February 1, 2021;
  • (b) the municipality or approving officer, after assessing the site profile, forwarded the site profile to the registrar instead of the director in accordance with section 6(1)(c)(ii) of this regulation, as it read immediately before February 1, 2021;
  • (c) the land has not been used for a specified industrial or commercial use after the date on which the site profile was provided to the municipality or approving officer.

[en. B.C. Reg. 161/2020, App. 2, s. 3.]

Division 4—Requirements for Site Disclosure Statement

Requirements for completing site disclosure statement

  • 5 (1) The requirement of a person to provide a site disclosure statement under section 40 of the Act is not satisfied until the following occurs:
  • (a) in the case of a site disclosure statement required to be provided under section 40(1) of the Act, the municipality or approving officer assesses, in accordance with section 40(4)(a) of the Act and section 6 of this regulation, that the site disclosure statement form is satisfactorily complete;
  • (b) in any other case, the person provides all the information required by the site disclosure statement form.
  • (2) A site disclosure statement must be completed using the form set out in Schedule 1.
  • (3) Only the following persons may complete a site disclosure statement:
  • (a) an owner of the land to which the site disclosure statement relates;
  • (b) an operator of a site on the land to which the site disclosure statement relates;
  • (c) a person authorized by
    • (i) an owner referred to in paragraph (a), or
    • (ii) an operator referred to in paragraph (b).
  • (4) Only a person referred to in subsection (3)(a) or (b) may sign the declaration on a site disclosure statement.

[en. B.C. Reg. 131/2020, App. s. 3.]