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53(1) To (4) And (6) Approvals In Principle And Certificates Of Compliance

In This Volume

  • 53 (1) For the purposes of exercising powers and performing duties under this section, a director may rely on any information the director considers sufficient for the purpose, including, but not limited to, a preliminary site investigation, a detailed site investigation, a risk assessment, a remediation plan or a summary of site condition.
  • (1.1) On application by a responsible person, a director, in accordance with the regulations, may issue an approval in principle stating that a remediation plan for a contaminated site
  • (a) has been reviewed by the director,
  • (b) has been approved by the director, and
  • (c) may be implemented in accordance with conditions specified by the director.
  • (2) For the purpose of subsection (1.1), if a director has issued an approval in principle with respect to a proposed remediation plan for a site, the site is considered to be a contaminated site at the time the approval in principle was issued, despite the absence of a determination under section 44(1).
  • (3) A director, 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) the numerical or risk based standards prescribed for the purposes of the definition of “contaminated site”,
    • (ii) any orders under this Act,
    • (iii) any remediation plan approved by the director, and
    • (iv) any requirements imposed by the director,
  • (b) [repealed]
  • (c) a plan has been prepared for the purposes of containing, controlling and monitoring any substances remaining on the site and, if required by the director, works have been installed to implement the plan,
  • (d) any security in relation to the management of contamination, which security may include real and personal property in the amount and form and subject to the conditions specified by the director, has been provided in accordance with the minister’s regulations, and
  • (e) the responsible person, if required by the director in prescribed circumstances or for prescribed purposes, has prepared and provided to the director proof of registration of a restrictive covenant under section 219 of the Land Title Act acceptable to the director.
  • (4) For the purpose of subsection (3) if a director has issued a certificate of compliance with respect to remediation of a site, the site is considered to have been a contaminated site at the time remediation of the site began, despite the absence of a determination under section 44(1).
  • ...
  • (6) A director may issue an approval in principle or a certificate of compliance for a part of a contaminated site.

2003-53-53, effective July 8, 2004 (B.C. Reg. 317/2004); 2004-18-8, effective July 1, 2007 (B.C. Reg. 201/2007).

REGULATIONS

Contaminated Sites Regulation

Remediation Plan Approval and Completion

Part 9 of the regulation, Remediation Plan Approval and Completion (ss. 47 to 52), deals with approvals in principle, certificates of compliance, and conditional certificates of compliance. The following sections are relevant to land title practice:

Approval in principle

  • 47 (3) When issuing an approval in principle under section 53(1.1) of the Act, a director may specify conditions for any or all of the following:
  • ...
  • (c) preparation, registration, and criteria for final discharge of a covenant under section 219 of the Land Title Act as may be required under section 48;

Covenants and financial security—general principles

  • 48 (1) A director may require that a covenant be registered under section 219 of the Land Title Act for the purpose of any or all of
  • (a) setting conditions regarding works, and their inspection and maintenance at a site, considered necessary to secure the contamination at the site and to protect human health or the environment,
  • (b) setting conditions for restricting disturbance of soils, or preventing a changed use of a site, which would invalidate a risk assessment and potentially increase exposure of human and environmental receptors to site contamination,
  • (c) specifying requirements to monitor for movement or impacts of contamination, and
  • (d) indemnifying the Crown or its agents or employees from losses, charges, actions or suits related to contamination remaining at the site,
  • if these purposes are unlikely to be satisfactorily met by the entry of notations in the site registry.
  • (2) A person may request that a director have a covenant registered under the authority of subsection (1) discharged if the person believes that the conditions which gave rise to the covenant no longer exist or have been complied with.
  • (3) A director must have a covenant registered under the authority of section (1) discharged when
  • (a) remediation has been carried out in accordance with the numerical standards for remediation set out in section 17, and
  • (b) the director issues a certificate of compliance for the remediation referred to in paragraph (a).
  • (4) A director may require financial security if
  • (a) a significant risk could arise from conditions at a contaminated site because
    • (i) the site is left in an unremediated or partially remediated state, or
    • (ii) the site is remediated but requires ongoing management and monitoring because contamination is left at the site, and
  • (b) a covenant under section 219 of the Land Title Act is, in the opinion of the director, unlikely to be an effective means to ensure that necessary remediation is carried out at the site.

am. B.C. Reg. 322/2004 and 324/2004.

Approvals in principle and certificates for part of a site

  • 51 If a responsible person applies for and a director issues an approval in principle or a certificate of compliance for a part of a contaminated site as authorized by section 53(6) of the Act, the director must
  • (a) provide to the registrar information respecting the part of the site to which the approval in principle or certificate of compliance applies, and
  • (b) in accordance with section 48 of this regulation, consider whether a covenant under section 219 of the Land Title Act or financial security is required relative to one or more parts of the site not remediated.

am. B.C. Reg. 322/2004 and 324/2004.