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In This Volume

  • 46 (1) The following persons are not responsible for remediation of a contaminated site: …
  • (n) a person who is in a class designated in the regulations as not responsible for remediation.

2003-53-46, effective July 8, 2004 (B.C. Reg. 317/2004).

REGULATIONS

Contaminated Sites Regulation

Liability

Part 7 of the regulation, Liability (ss. 19 to 39), prescribes the circumstances under which certain persons are not responsible for remediation at contaminated sites. Section 22 provides that:

Persons not responsible—certain owners

  • 22 (1) Subject to subsection (2), for the purposes of section 46(1)(n) of the Act, a person is designated not responsible for remediation of a contaminated site if, with respect to the contaminated site, the person is a current or previous owner of
  • (a) an easement,
  • (b) a right of way,
  • (c) a restrictive covenant,
  • (d) a covenant under section 219 of the Land Title Act,
  • (e) a lien,
  • (f) a judgement,
  • (g) a reservation in a Crown grant, or
  • (h) an interest in real property which deals exclusively with subsurface rights including such a tenure under the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act.
  • (2) Subsection (1) does not apply unless the person can establish that there has been no use or exercise of any right of the interest specified in paragraphs (a) to (h) of that subsection in a manner that, in whole or in part, caused the site to become a contaminated site.

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