Skip to main content

In This Volume

  • 40 (1) A person must 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,
  • (6) A vendor of real property who knows or reasonably should know that real property has been used for
  • (a) a prescribed industrial or commercial purpose, or
  • (b) a prescribed purpose or activity,
  • must provide a site profile to a prospective purchaser of the real property and a director in accordance with the regulations.

2003-53-40, effective July 8, 2004 (B.C. Reg. 317/2004).

REGULATIONS AND FORMS

Contaminated Sites Regulation

Definitions

These excerpts from s. 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;

Site Profiles

Note: Effective February 1, 2021, the Contaminated Sites Regulation is significantly amended such that the name of the “site profile form” will become the “site disclosure statement”. Available exemptions from the requirement to submit a site disclosure statement will change. 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 will be required to complete a site investigation. See B.C. Reg. 131/2020 (Ministerial Order M182/2020) and B.C. Reg. 161/2020 (OIC 368/2020) for amendments to the Contaminated Sites Regulation effective February 1, 2021.

Up until and including January 31, 2021, Part 2 of the regulation, Site Profiles (ss. 2 to 7), prescribes the circumstances under which site profiles are required and establishes exemptions from these requirements. Until that date, s. 2 defines the scope of “industrial or commercial” purposes and activities, and s. 3 sets out when site profiles must be provided. Section 4 of the regulation provides various exemptions from the duty to provide site profiles. Sections 3(1) and 4(4) and (5) relate to applicants for subdivision, and ss. 3(7) and 4(11) to (13) relate to vendors of real property.

Scope of “industrial or commercial” purpose or activity

  • 2 (1) A person is exempt from the duty to provide a site profile under section 40(1), (2), (3), (6), (7) of the Act with respect to industrial or commercial purposes and industrial or commercial activities which are not described in Schedule 2.
  • (2) Despite subsection (1), a municipality or approving officer may request a person who makes any type of application described in section 40(1) of the Act to complete sections I to III and XI of the site profile form and provide it to the municipality or approving officer.

When site profiles must be provided

  • 3 (1) Subject to section 4, a person described in section 40(1) of the Act must provide a site profile at the time of presenting, in writing, an application or request for approval described in that section of the Act.
  • (7) Subject to section 4, a vendor of real property described in section 40(6) of the Act must provide a site profile to a prospective purchaser at least 30 days before the actual transfer of the real property, but if the time between the written agreement for the transfer and the actual transfer is less than 30 days, the vendor must provide the site profile before the date of the agreement for the transfer.

Exemptions respecting the providing of site profiles

  • 4 (4) A person is exempt from the duty to provide a site profile to a municipality or approving officer under section 40(1) of the Act with respect to any site within a municipality if the municipality or approving officer has filed written notice with the minister that the municipality or approving officer does not wish to receive site profiles under section 40(1) of the Act.
  • (5) An applicant for a subdivision under section 114 of the Land Title Act is exempt from the duty to provide a site profile under section 40(1)(a) of the Act.
  • (11) A vendor of real property is exempt from the duty to provide a site profile under section 40(6) of the Act in respect of real property which is not an ownership interest as defined in section 1.
  • (12) A vendor of real property is exempt from the duty to provide a site profile to a director under section 40(6) of the Act.
  • (13) A vendor of real property is exempt from the duty to provide a site profile to a prospective purchaser under section 40(6) of the Act if
  • (a) the prospective purchaser waives, in writing, the right to be provided with a site profile,
  • (b) at the time of contract for purchase and sale, the subject property of the sale is used primarily for residential purposes, or
  • (c) at the time of the contract for purchase and sale, the subject property has never been zoned for any use other than primarily for residential purposes.

am. B.C. Reg. 244/99; B.C. Reg. 17/2002; B.C. Reg. 109/2002; B.C. Reg. 322/2004 and 324/2004.