B.C. Reg. 322/2004, deposited July 8, 2004, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [Sections 62, 138 and 139]. Order in Council 725/2004, approved and ordered July 7, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective on the date that Part 4 and sections 138 and 139 of the Environmental Management Act, S.B.C. 2003, c. 53, come into force, the Contaminated Sites Regulation, B.C. Reg. 375/96, is amended as set out in the attached Appendix, insofar as the amendments are authorized under section 62, 138 or 139 of that Act.

— B. BARISOFF, Minister of Water, Land and Air Protection; G. BRUCE, Presiding Member of the Executive Council.

Appendix

1 Section 1 of the Contaminated Sites Regulation, B.C. Reg. 375/96, is amended

(a) in the definition of "background concentration" by striking out "protocols approved by the director under section 53;" and substituting "director's protocols;",

(b) by adding the following definitions:

"director's interim standards" means the substances and risk based or numerical criteria, standards and conditions prescribed by the director under section 63.1 of the Act;

"director's protocol" means a protocol established by a director under section 64 of the Act;

"generic numerical sediment criterion" means the concentration of a substance specified in Schedule 9 for a particular sediment use;

"sediment" means particulate material that usually lies below water;

"sensitive sediment use" means the use as habitat for sensitive components of freshwater, marine or estuarine aquatic ecosystems of a site containing sediment, which sensitive components include, but are not limited to,

(a) phytoplankton, zooplankton, benthos, macrophytes and fish,

(b) habitats used by endangered or threatened species or species of special concern under the Species at Risk Act (Canada),

(c) watercourses, wetlands, forested riparian areas, mudflats and intertidal zones that are important to the preservation of fish or wildlife,

(d) reaches of aquatic habitats that are important to fish spawning or serve as important rearing habitat for fish,

(e) reaches of aquatic environments that encompass or border habitat compensation or restoration sites or other areas that are intended or designed to create, restore or enhance biological or habitat features, and

(f) areas and aquatic habitat included in wild life management areas designated under the Wildlife Act;

"site profile form" means the form prescribed in Schedule 1;

"typical sediment use" means the use of a site containing sediment for a use that is not a sensitive sediment use; ,

(c) by repealing the definitions of "environmental impact report" and "risk management" and substituting

"environmental risk assessment report" means a report under section 18 (6) or 18.1 (5);

"risk management" means actions, including monitoring, designed to prevent or mitigate risks to human health or the environment caused by contamination at a site; ,

(d) in the definition of "generic numerical soil standard" by adding "or Schedule 10" after "Schedule 4",

(e) in the definition of "generic numerical water standard" by adding "or Schedule 10" after "Schedule 6",

(f) in the definition of "numerical standards" by striking out everything after "generic numerical water standards," and substituting "matrix numerical soil standards, generic numerical sediment criteria, director's interim standards and site-specific numerical standards;" ,

(g) in paragraph (b) of the definition of "remediation plan" by striking out "section 28.2 (1) of the Act," and substituting "section 56 of the Act," ,

(h) by repealing paragraphs (c) and (d) of the definition of "remediation plan" and substituting the following:

(c) remediation methods selected to ensure compliance with the numerical standards, or the risk based standards prescribed in this regulation, and the conditions imposed by a director under section 53 of the Act or in a remediation order,

(d) identification and classification in accordance with the numerical standards of the substances in any soil, surface water, groundwater or sediment to remain in place,

(d.1) identification and classification in accordance with the numerical standards of the substances in any soil or sediment to be relocated, ,

(i) in the definitions of "risk assessment" and "screening level risk assessment" by striking out "a protocol approved by the director under section 53;" and substituting "a director's protocol;",

(j) by repealing the definition of "site-specific numerical standard" and substituting the following:

"site-specific numerical standard" means the concentration of a substance in soil, water or sediment determined for a particular land, water or sediment use, as applicable, using a director's protocol; ,

(k) in the definition of "wide area site" by striking out "manager" and substituting "director", and

(l) by repealing the definition of "site profile".

2 Section 2 is amended

(a) in subsection (1) by striking out "section 26.1 (1), (2), (3), (4), (7) and (8)" and substituting "section 40 (1), (2), (3), (6) and (7)", and

(b) in subsection (2) by striking out everything after "type of application" and substituting "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."

3 Section 3 is amended

(a) in subsections (1), (2), (3) and (4) by striking out "26.1" and substituting "40",

(b) in subsections (2) and (8) by striking out "manager" and substituting "director",

(c) by repealing subsections (5) and (6),

(d) in subsection (7) by striking out "26.1 (7)" and substituting "40 (6)", and

(e) in subsection (8) by striking out "26.1 (8)" and substituting "40 (7)" .

4 Section 4 is amended

(a) in subsection (1), (2), (4), (5), (6), (7), (8) and (9) by striking out "26.1" wherever it appears and substituting "40",

(b) in subsection (1) (a) by striking out "that site profile" and substituting "the site profile form",

(c) in subsection (1) (b) by striking out ", certificate of compliance or a conditional certificate of compliance relevant" and substituting "or certificate of compliance relevant" and by striking out ", certificate of compliance or conditional certificate of compliance;" and substituting "or certificate of compliance;",

(d) by repealing subsections (1) (c) and (10),

(e) in subsections (1) (e), (6) (b) (ii) and (12) by striking out "manager" and substituting "director",

(f) in subsection (1) (f) by striking out "26.4" and substituting "44",

(g) in subsection (3) by striking out "26.1 (8)" and substituting "40 (7)", and

(h) in subsections (11), (12) and (13) by striking out "section 26.1 (7)" and substituting "section 40 (6)".

5 Section 5 is amended

(a) by striking out "26.1 (1), (2), (7), (8) and (9)" and substituting "40 (1), (2), (6), (7) and (8)", and

(b) by striking out "in Schedule 1." and substituting "form."

6 Section 6 is amended

(a) in subsection (1) by striking out "26.1 (5) (a) and (b)" and substituting "40 (4)" ,

(b) in subsections (1) (c) (i) and (d), (4), (5) (a) and (b), (6), (6) (c) and (8) by striking out "manager" wherever it appears and substituting "director",

(c) in subsection (2) by striking out everything before paragraph (a) and substituting "For the purposes of section 40 (4) of the Act, on receipt of a site profile the commission must, within 15 days after receiving it,",

(d) in subsection (3) by striking out everything before "duty" and substituting "A municipality, an approving officer and the commission do not have a",

(e) in subsection (4) by striking out "26.1 (1)" and substituting "40 (1)",

(f) in subsection (6) by striking out "26.1 (5)" and substituting "40 (4)",

(g) by repealing subsection (7) and substituting the following:

(7) For the purposes of exercising the power under this section, a municipality, an approving officer and the commission do not have a duty to conduct a search of the records or archives maintained by the municipally, approving officer or commission. , and

(h) in subsection (8) by striking out "26.1 (5) (b)" and substituting "40 (4) (b)".

7 Section 7 is amended

(a) in subsection (1) by striking out "manager" in both places and substituting "director" and by striking out "26.2" and substituting "41",

(b) in subsection (2) by striking out "A manager" and substituting "The director" and by striking out "the manager" and substituting "the director",

(c) by repealing subsection (3) and substituting the following:

(3) Subject to subsection (4), the commission, within 15 days after receiving a site profile under section 40 (3) of the Act, must notify the person who provided the site profile whether the commission intends to require or order a preliminary site investigation under section 41 of the Act. , and

(d) in subsection (4) by striking out "A division head or district inspector" and substituting "The commission" and by striking out "the division head or district inspector" and substituting "the commission".

8 Section 8 (1) and (2) is repealed and the following substituted:

(1) For the purposes of section 43 (2) (f) of the Act, a director must provide the registrar with information respecting each of the following that the director enters into, makes, receives, issues or has knowledge of, as applicable:

(a) a contaminated soil relocation agreement entered into under section 55 of the Act;

(b) a decision under section 41 of the Act respecting whether a preliminary site investigation and detailed site investigation will be ordered;

(c) a remediation plan prepared and submitted under sections 48, 51 and 53 of the Act;

(d) an approval in principle and a certificate of compliance issued under section 53 of the Act;

(e) a covenant required to be registered under section 53 (3) (e) of the Act;

(f) a determination that a site is an orphan site or a high risk orphan site made under section 58 (1) of the Act;

(g) a designation under 14 of this regulation of a wide area site;

(h) an approval of the scope of a proposed wide area remediation plan;

(i) an opinion from an allocation panel under section 49 (2) of the Act;

(j) information related to the monitoring, verification or confirmation of compliance with a remediation plan;

(k) information about decisions being appealed;

(l) an agreement pertaining to responsibility for remediation of a contaminated site but only if all parties to the agreement jointly request that a notation about the agreement be entered on the site registry.

9 Section 9 is amended

(a) in subsections (2) (b), (3), (10), (11), (14) and (16) by striking out "manager" wherever it appears and substituting "director",

(b) in subsection (2) by striking out "Column 1 of Table 2" and substituting "Column 1 of either Table 2 or Table 3",

(c) in subsection (3) by striking out "manager's" and substituting "director's",

(d) in subsection (6) by striking out "section 26.1 (6)" and substituting "section 40 (5)",

(e) in subsection (9) by striking out "opposite item 4 (a) or 5 in Column II of Table 1 of Schedule 3 or opposite item 1 (a), 2 (a) to (g), 4 (a) or (c) to (e), 5 (a) to (d) or 6 (a) to (c)" and by striking out "0.5 hours for each $100" and substituting "1 hour for each $200",

(f) in subsection (10) by striking out "action under item 4 (a) or (b) or 5 of Table 1 of Schedule 3 or an",

(g) in subsection (12) (b) by striking out "30%" and substituting "50%",

(h) in subsection (15) (a) by striking out "item 4 (a) or 5 of Table 1, or item 1 (a), 2 (a) to (g), 4 (a) or (c) to (e), 5 (a) to (d) or 6 (a) to (c) of Table 2," and substituting "Table 3",

(i) in subsection (15) (b) is amended by striking out "item 1 (b), 3 (a) to (f), 4 (b) or 7 (a) or (b) of Table 2 of" and substituting "Table 3",

(j) in subsection (15) (c) by striking out "item 7 of Table 2" and substituting "item 2 of Table 3",

(k) by repealing subsection (17) and substituting the following:

(17) A person or organization is exempt from all or part of a fee under item 2 or 3 of Table 1 of Schedule 3, in the amount specified by a director, if

(a) the person or organization satisfies the director that paying the fee or the part would be an unmanageable financial burden on the person or organization required to pay it, or

(b) in the case of a government ministry or a person acting on behalf of a government ministry, the fee does not exceed $500 and the director is satisfied that granting the exemption is in the public interest. , and

(l) in subsection (18) by striking out "The director" and substituting "A director".

10 Section 10 is amended

(a) in subsection (1) by striking out "A manager" and substituting "A director", by striking out "a person listed on the roster established under section 49.1" and substituting "an approved professional" and by striking out "a manager" and substituting "the director", and

(b) in subsection (2) by striking out "manager" and substituting "director".

11 Section 11 is repealed and the following substituted:

Definition of contaminated site

11 (1) Subject to section 12 and subsections (2), (3) and (4) of this section, the following substances, standards and conditions are prescribed for the purposes of the definition of "contaminated site" in section 39 of the Act:

(a) the land use of the site is agricultural, commercial, industrial, urban park or residential and the concentration of any substance in the soil is greater than

(i) the applicable generic numerical soil standard, or

(ii) the lowest value of the applicable matrix numerical soil standards;

(b) the surface or groundwater located on or flowing from the site is used or has a reasonable probability of being used for aquatic life, irrigation, livestock or drinking water and the concentration of any substance in the surface water or groundwater is greater than the applicable generic numerical water standard;

(c) the concentration of any substance in sediment at the site is greater than the applicable generic numerical sediment criterion;

(d) the concentration of any substance at the site, not specified in Schedule 4, 5, 6, 7, 9 or 10, is greater than,

(i) if the substance is specified without a particular use, the concentration specified for that substance in a director's interim standard, and

(ii) if the substance is specified with a particular use, the concentration specified for that substance and use in a director's interim standard.

(2) Subsection (1) does not apply to a site in relation to a substance if the concentration of the substance in soil, surface water, groundwater or sediment at the site is not greater than the applicable site-specific numerical standard.

(3) Subsection (1) does not apply to a site in relation to a substance in the soil, surface water, groundwater or sediment if the concentration of the substance in the soil, surface water, groundwater or sediment is not greater than the local background concentration of that substance in the soil, surface water, groundwater or sediment respectively.

(4) Subsection (1) does not apply to a site in relation to a substance in the soil if

(a) the site has been used for the application of

(i) managed organic matter, as defined the Organic Matter Recycling Regulation, B.C. Reg. 18/2002,

(ii) retail-grade organic matter, as defined in the Organic Matter Recycling Regulation, or

(iii) products derived from the materials described in subparagraphs (i) or (ii)

in a manner consistent with the Organic Matter Recycling Regulation or an authorization given under the Act, and

(b) the site has not been used for a commercial or industrial activity listed in Schedule 2.

12 Section 12 is amended

(a) in subsection (2) (a) by striking out "adjacent" and substituting "neighbouring",

(b) by adding the following subsections:

(2.1) For the purpose of using the standards in this regulation, the sediment use that applies, at any given time, to a particular site or a part of a site is based on

(a) the use of sediment at the site or at neighbouring sites, and

(b) the potential for the sediment to cause pollution.

(4.1) A director may specify the applicable sediment use under subsection (2.1) from the following:

(a) typical sediment use;

(b) sensitive sediment use. ,

(c) in subsections (3), (4), (5) (i) and (7) by striking out "manager" and substituting "director",

(d) in subsection (5) by striking out everything before paragraph (a) and substituting "In specifying the primary land use, water use or sediment use under subsections (3), (4) and (4.1), a director must take into account current and reasonable potential future land, water and sediment uses based on the following factors:",

(e) in subsection (5) (b) and (f) by striking out "adjacent" and substituting "neighbouring", and

(f) in subsection (5) by adding the following paragraphs:

(h.1) current and proposed uses for sediment at neighbouring sites;

(h.2) potential for surface water, groundwater and sediment to cause pollution on neighbouring sites; .

13 Section 13 is amended

(a) by repealing paragraph (a) and substituting the following:

(a) is a hazardous waste because it is included in appendix 5 as referred to in section 2.43 (b) (v) of the Transportation of Dangerous Goods Regulation (Canada), SOR/2001-286, ,

(b) in paragraph (b) and in the text following paragraph (d) by striking out "special waste" and substituting "hazardous waste",

(c) in paragraph (d) (i) by adding "or Column IV of Schedule 10" after "Schedule 4", and

(d) by adding the following subparagraph:

(iii) the lowest concentration in Column III or V of Schedule 9 for the use specified by the director under section 12 (4.1), .

14 Section 14 is amended

(a) by striking out everything before paragraph (a) and substituting the following:

A director may designate a site as a wide area site with respect to specified substances and specified sources if , and

(b) in paragraph (b) by striking out "manager" and substituting "director".

15 Section 15 is repealed and the following substituted:

Procedures for determination of contaminated site

15 (1) The numerical standards must be applied in determining whether a site is a contaminated site.

(2) A director who makes a preliminary determination under section 44 (2) (a) of the Act must provide written reasons for the preliminary determination with the notice required by section 44 (2) (b) of the Act.

(3) After making a preliminary determination under section 44 (2) (a) of the Act, the director must allow a period for comment under section 44 (2) (c) of the Act of not less than 30 days and not more than 60 days after delivery of the notice of preliminary determination.

(4) Within 15 days after making a final determination under section 44 (2) (d) or (3) of the Act, the director must send the notice required by section 44 (2) (e) accompanied by written reasons for the final determination.

(5) A director may require that an application for a determination under 44 of the Act include a report and the recommendation of an approved professional in respect of whether the site is a contaminated site.

(6) If the director does not impose a requirement under subsection (5), an application for a determination under section 44 of the Act may include a report and the recommendation of an approved professional in respect of whether the site is a contaminated site and, if so, section 49.1 applies.

(7) If a director rejects the recommendation of an approved professional provided under subsection (5) or (6), the director, within 15 days of the rejection, must provide written reasons to

(a) the applicant, and

(b) the professional association, in the Province, of which the approved professional is a member.

16 Section 16 is repealed and the following substituted:

Remediation options

16 The numerical standards, or the risk based standards prescribed in section 18 or 18.1, may be used in relation to the remediation of a contaminated site.

17 Section 17 is amended

(a) in subsection (1) by striking out everything before paragraph (a) and substituting the following:

(1) Subject to subsection (2), a contaminated site has been remediated in accordance with the numerical standards if ,

(b) in subsection (1) (b) by striking out everything after "greater than" and substituting "the generic numerical water standard for that substance and use,",

(c) in subsection (1) by adding the following paragraph:

(b.1) the sediment at the site does not contain any substance with a concentration greater than the generic numerical sediment criterion for that substance for the applicable sediment use of the site, and ,

(d) in subsection (1) by repealing paragraph (c) and substituting the following:

(c) the soil, surface water, groundwater or sediment at the site does not contain any substance with a concentration greater than the concentration specified for that substance and use in a director's interim standard. ,

(e) by repealing subsection (2) and substituting the following:

(2) A contaminated site has been remediated in accordance with the numerical standards if the soil, surface water, groundwater or sediment at the site does not contain any substance with a concentration greater than the local background concentration of that substance in the soil, surface water, groundwater or sediment, respectively. ,

(f) in subsection (3) by striking out "is considered to have been satisfactorily remediated if" and substituting "has been remediated in accordance with numerical standards prescribed for the purposes of the definition of "contaminated site if",

(g) by repealing subsection (3) (b) and (c) and substituting the following:

(b) a director's interim standard, or

(c) the site-specific numerical standard for that site. ,

(h) in subsections (4) and (5) by striking out "manager" and substituting "director", and

(i) in subsection (5) by striking out "adjacent" and substituting "neighbouring".

18 Section 18 is amended

(a) in subsection (1) by repealing everything before paragraph (a) and substituting "The remediation standards have been met for a specific contaminated site if a responsible person satisfies a director that",

(b) in subsection (2) by striking out "who makes a request under subsection (1)" and substituting "who asks a director for a decision that the standards in subsection (1) have been met for a contaminated site",

(c) in subsections (2) (b) (iv), (3) and (5) by striking out "manager" wherever it appears and substituting "director",

(d) in subsection (2) (b) (iii) by striking out "section 27.5" and substituting "section 52",

(e) in subsection (4) by striking out "A manager must not make a decision under subsection (1)" and substituting "A director must not decide that the standards in subsection (1) have been met",

(f) in subsection (6) by striking out "environmental impact report" and substituting "environmental risk assessment report",

(g) in subsection (6) (a) and (b) by striking out "impacts" and substituting "risks", and

(h) by repealing subsection (7) and substituting the following:

(7) A director may impose requirements on a responsible person to prevent or mitigate risks identified

(a) in the environmental risk assessment report required under subsection (6), or

(b) by the director using other available data.

19 Section 18.1 is amended

(a) in subsection (1) by striking out everything before paragraph (a) and substituting "The remediation standards have been met with respect to a substance from a source specified under section 14 if a director is satisfied that",

(b) in subsection (1) (c) by striking out "is" and substituting "has been",

(c) in subsection (2) by striking out "who makes a request under subsection (1)" and substituting "who asks a director for a decision that the standards in subsection (1) have been met for a contaminated site",

(d) in subsection (2) (b) (iii) by striking out "section 27.5" and substituting "section 52",

(e) in subsection (3) by striking out "The director must not make a decision under subsection (1)" and substituting "A director must not decide that the standards in subsection (1) have been met",

(f) in subsection (5) by striking out "environmental impact report" and substituting "environmental risk assessment report",

(g) in subsection (5) (a) and (b) by striking out "impacts" and substituting "risks",

(h) by adding the following subsection:

(5.1) If a person demonstrates to the satisfaction of a director that the local background concentration of any substance at a particular wide area site results in the standards required by subsection (1) or (4) being exceeded, the remediation standards for that substance must be the calculated lifetime cancer risk and calculated hazard index that result from exposure of a human to the local background concentration of that substance at the wide area site. , and

(i) by repealing subsection (6) and substituting the following:

(6) A director may impose requirements on a responsible person to prevent or mitigate risks identified

(a) in the environmental risk assessment report required under subsection (5), or

(b) by the director using other available data.

20 Section 19 is amended by striking out everything before paragraph (a) and substituting "For the purposes of section 46 (1) (n) of the Act, a person described in section 45 (1) (c) or (d) or (2) (c) or (d) of the Act is designated not responsible for remediation of a contaminated site in relation to a substance if the person".

21 Section 20 (1) is amended by striking out "is not responsible under sections 26.5 and 31 of the Act for remediation at the contaminated site" and substituting "is designated for the purposes of section 46 (1) (n) of the Act not responsible for remediation of the contaminated site and is exempt from an order under section 83 (2) (f) of the Act in relation to the contaminated site".

22 Section 21 (1) is amended by striking out "is not responsible under section 26.5 and 31 of the Act for remediation at the contaminated site" and substituting "is designated for the purposes of section 46 (1) (n) of the Act not responsible for remediation of the contaminated site and is exempt from an order under section 83 (2) (f) of the Act in relation to the contaminated site".

23 Section 22 (1) is amended by striking out "for the purposes of section 26.6 (1) (m) of the Act, a person is not responsible for remediation of a contaminated site if," and substituting "for the purposes of section 46 (1) (n) of the Act, a person is designated not responsible for remediation of a contaminated site if,".

24 Section 23 is amended by striking out everything before paragraph (a) and substituting "For the purposes of section 46 (1) (n) of the Act, a person described in section 45 (1) (c) or (d) of the Act is designated not responsible for remediation of a contaminated site if".

25 Section 24 is repealed and the following substituted:

Persons not responsible — construction on contaminated sites

24 For the purposes of section 46 (1) (n) of the Act, a person is designated not responsible for remediation of a contaminated site if the person provided only contracting or consulting services related to the construction of buildings and facilities at the contaminated site.

26 Section 25 is amended

(a) in subsection (1) by striking out everything before paragraph (a) and substituting "For the purposes of section 46 (1) (n) of the Act, a secured creditor described in section 45 (3) (a) of the Act is designated not responsible for remediation of a contaminated site if the secured creditor does any of the following:", and

(b) in subsections (1) (d) and (2) by striking out "section 26.5 (3) (b) of the Act" and substituting "section 45 (3) (b) of the Act".

27 Section 26 is amended

(a) in subsection (2) by striking out everything before paragraph (a) and substituting "For the purposes of section 46 (1) (n) of the Act, a receiver is designated not responsible personally under Part 4 of the Act for remediation of a contaminated site and is exempt personally from an order under section 81 or 83 of the Act in relation to the contaminated site, including a site that was a contaminated site on the date that the receiver became an owner or operator of that site, unless it is established that", and by adding the following after paragraph (c):

in which case, the receiver is designated as responsible personally for remediation of the contaminated site and is not exempt personally from an order under section 81 or 83 of the Act. ,

(b) by repealing subsection (3) and substituting the following:

(3) For the purposes of section 45 (1) (e) of the Act, a receiver is designated responsible, in his or her role as receiver and to the extent of the receivership, for remediation of a contaminated site, and is subject to an order under section 81 or 83 of the Act in relation to the contaminated site in that role and to that extent.

(3.1) For the purposes of subsection (3), the "extent of the receivership" means

(a) the limit of the available funds, and

(b) the period commencing with the receiver's appointment and ending with a termination under subsection (5). ,

(c) in subsection (4), (5), (7), (8), (9), (10), (11), (13) and (14) by striking out "manager" wherever it appears and substituting "director",

(d) in subsection (9) (a) by striking out "section 26.1 (8) of the Act," and substituting "section 40 (7) of the Act,",

(e) in subsection (9) (b) by striking out "section 26.1 (9) of the Act," and substituting "section 40 (8) of the Act,",

(f) in subsection (9) (c) (i) by striking out "section 26.4 (2) (d) or (3) of the Act," and substituting "section 44 of the Act,", and

(g) in subsection (12) by striking out "the manager's order." and substituting "the director's order."

28 Section 27 is amended

(a) in subsection (2) by striking out everything before paragraph (a) and substituting "For the purposes of section 46 (1) (n) of the Act, a trustee is designated not responsible personally under Part 4 of the Act for remediation of a contaminated site and is exempt personally from an order under section 81 or 83 of the Act in relation to the contaminated site, including a site that was a contaminated site on the date that the trustee became an owner or operator of that site, unless it is established that" , and by adding the following after paragraph (c):

in which case, the trustee is designated responsible personally for remediation of the contaminated site and is not exempt personally from an order under section 81 or 83 of the Act. ,

(b) by repealing subsection (3) and substituting the following:

(3) For the purposes of section 45 (1) (e) of the Act, a trustee is designated as responsible, in his or her role as a trustee and to the extent of the trust, for remediation of a contaminated site, and is subject to an order under section 81 or 83 of the Act in relation to the contaminated site in that role and to that extent.

(3.1) For the purposes of subsection (3), "extent of the trust" means

(a) the limit of the available funds, and

(b) the period commencing with the trustee's appointment and ending with a termination under subsection (5). ,

(c) in subsection (4), (5), (7), (8), (9), (10), (11), (13) and (14) by striking out "manager" wherever it appears and substituting "director",

(d) in subsection (7) by striking out "section 31 or 33 of the Act" and substituting "section 81 or 83 of the Act",

(e) in subsection (9) (a) by striking out "section 26.4 (2) (d) or (3) of the Act," and substituting "section 44 of the Act,", and

(f) in subsection (12) by striking out "the manager's order." and substituting "the director's order."

29 Section 28 is amended by striking out "section 26.6 (1) (d) (i) (C) of the Act," and substituting "section 46 (1) (d) (i) (C) of the Act,".

30 Section 29 is amended by striking out everything before paragraph (a) and substituting "Subject to section 30, an owner of real property at a contaminated site is exempt from section 46 (1) (e) of the Act if" .

31 Section 30 is amended by striking out "is not responsible" and substituting "is, for the purposes of section 46 (1) (n) of the Act, designated not responsible".

32 Section 31 is repealed and the following substituted:

Persons responsible — municipalities

31 For the purposes of 45 (1) (e) of the Act, a government body that acquires an ownership interest in a contaminated site by a municipal boundary extension or a municipal amalgamation initiated by the municipality is designated responsible for remediation of the contaminated site.

33 Sections 32 (1) and 33 (1) are amended by striking out "is not responsible" and substituting "is, for the purposes of section 46 (1) (n) of the Act, designated not responsible".

34 Section 34 is repealed.

35 Section 35 is amended

(a) in subsections (1), (4) and (5) by striking out "section 27 (4) of the Act" and substituting "section 47 (5) of the Act",

(b) in subsections (2) and (3) by striking out "section 27 (4)," and substituting "section 47 (5) of the Act,", and

(c) in subsection (3) by striking out "section 27 of the Act," and substituting "section 47 of the Act,".

36 Section 36 is amended

(a) in subsections (1), (2) and (3) by striking out "manager" wherever it appears and substituting "director",

(b) in subsection (1) (a) by striking out "section 26.1 (8) of the Act," and substituting "section 40 (7) of the Act,",

(c) in subsections (1) (b) and (4) (b) by striking out "section 27.1 (9) of the Act" and substituting "section 48 (10) of the Act",

(d) in subsections (2) and (4) (a) by striking out "section 27.1 (7) of the Act" and substituting "section 48 (8) of the Act", and

(e) in subsection (4) by striking out "the manager" and substituting "a director".

37 Section 37 is amended by striking out "section 27.1 (7) or (9) of the Act" and substituting "section 48 (8) or (10) of the Act".

38 Section 38 is amended by striking out everything before paragraph (a) and substituting "A responsible person applying for minor contributor status under section 50 of the Act must provide information to a director, to the extent the information is reasonably ascertainable, respecting all of the following:".

39 Section 39 is amended

(a) in subsection (1) by striking out everything before paragraph (a) and substituting "A responsible person requesting a voluntary remediation agreement in respect of a contaminated site, including a wide area site, must provide all of the following information to a director:",

(b) in subsection (1) (f) by striking out "as described in section 26.5 of the Act",

(c) by repealing subsection (2), and

(d) in subsection (3) by striking out "manager" wherever it appears and substituting "director".

40 Section 40 is repealed and the following substituted:

Class of sites defined for Part 8

40 (1) In this Part:

"receiving site" means the site to which contaminated soil is or will be relocated under a contaminated soil relocation agreement;

"source site" means the site from which contaminated soil is or will be relocated under a contaminated soil relocation agreement.

(2) For the purposes of this Part, a source site is a contaminated site if

(a) the concentration of a substance in the soil at the source site is greater than the concentration specified for that substance and the use of the receiving site in Column II of Schedule 7,

(b) the soil at the source site contains any substance not specified in Schedule 7 with a concentration greater than the concentration specified for that substance for residential land use in a director's interim standard,

(c) the soil at the source site contains hazardous waste, or

(d) the receiving site is used or may reasonably be used for agricultural land use and the soil at the source site contains any substance with a concentration greater than the concentration specified for that substance in Column III of Schedule 7 or in a director's interim standard for agricultural land use.

(3) Despite subsection (2), the relocation of contaminated soil from a contaminated site is exempt from section 55 of the Act if section 10 of the Act applies to the transportation of the contaminated soil.

41 Section 41 is amended

(a) in subsection (1) by striking out everything before paragraph (a) and substituting "Disposal of the following classes of soil is exempt from section 6 (2) and (3) of the Act:",

(b) by repealing subsection (1) (a) (ii) and substituting the following:

(ii) a director's interim standard; ,

(c) in subsection (1) (b) by striking out "section 28.1 (2) of the Act." and substituting "section 55 (2) of the Act.",

(d) in subsection (3) by striking out everything before paragraph (a) and substituting "The relocation of contaminated soil is exempt from section 55 (1) of the Act and this Part in the following circumstances;",

(e) in subsection (3) (c) and (d) by striking out "manager" and substituting "director", and

(f) in subsection (3) (e) by striking out "special waste" and substituting "hazardous waste".

42 Section 42 (1) is amended

(a) by striking out everything before paragraph (a) and substituting "If a site is authorized for landfill waste disposal in any of the ways referred to in section 55 (5) (a), (b) or (c) of the Act but the authorization does not expressly allow the deposit of contaminated soil, the deposit of contaminated soil in the landfill is exempt from section 55 (1) of the Act if",

(b) in paragraph (a) by striking out "manager" and substituting "director", and

(c) in paragraph (b) (v) by striking out "special waste" in both places and substituting "hazardous waste" and by striking out "Special Waste Regulation." and substituting "Hazardous Waste Regulation."

43 Section 43 is amended

(a) in subsection (1) by striking out "under section 28.1 of the Act or under this regulation," and substituting "under section 55 of the Act,", and

(b) by repealing subsections (2) and (3) and substituting the following:

(2) A director may require that an application described in subsection (1) for relocating soil from a contaminated site that is classified under a director's protocol as a low or moderate risk site include a report and the recommendation of an approved professional that the application be approved.

(3) If the director does not impose a requirement under subsection (2), the application may include a report and the recommendation of an approved professional in respect of whether the application should be approved.

(4) If a director rejects the recommendation of an approved professional provided under subsection (2) or (3), the director, within 15 days of the rejection, must provide written reasons to

(a) the applicant, and

(b) the professional association, in the Province, of which the approved professional is a member.

(5) Subject to section 40 (3), an applicant for a contaminated soil relocation agreement respecting the relocation of soil contaminated with a substance specified in Schedule 10 must complete an environmental risk assessment report for the deposit site that demonstrates to the satisfaction of the director that the deposit of the contaminated soil at the receiving site will not cause

(a) contamination of the receiving site, or

(b) risks to human health or the environment

greater than the standards prescribed in section 18 or 18.1, as applicable.

44 Section 44 (a) is amended by striking out "from a manager as required under section 28.1 (9) of the Act" and substituting "from a director as required by section 55 (9) of the Act".

45 Section 45 is amended

(a) by repealing subsection (1) and substituting the following:

(1) For the purpose of section 55 (3) (a) of the Act, the prescribed numerical standards are the standards set out in subsections (2) and (3). ,

(b) in subsections (2) and (3) by striking out "deposit location" and substituting "receiving site", and

(c) by repealing subsection (2) (c) and substituting the following:

(c) a director's interim standard.

46 Section 46 is amended

(a) by repealing subsection (1) and substituting the following:

(1) For the purposes of section 55 (3) (a) of the Act, the prescribed risk based standards are the standards set out in sections 18 and 18.1 of this regulation. , and

(b) in subsection (2) by striking out "manager" and substituting "director".

47 Section 47 is amended

(a) in subsections (1), (1.3), (2) and (3) by striking out "section 27.6 (1) of the Act" and substituting "section 53 (1) of the Act",

(b) in subsections (1), (1.3), (2) and (3) by striking out "manager" wherever it appears and substituting "director",

(c) in subsections (1.1) and (1.2) by striking out "section 53 (1) (i)" wherever it appears and substituting "a director's protocol",

(d) in subsection (1.3) by striking out "environment impact" and substituting "environmental risks",

(e) by repealing subsections (1.4) and (1.5) and substituting the following:

(1.4) A director may require that an application for an approval in principle in relation to a contaminated site, including a wide area site, that is classified under a director's protocol as a low or moderate risk site include a report and the recommendation of an approved professional that the application be approved.

(1.41) If the director does not impose a requirement under subsection (1.4), the application may include a report and the recommendation of an approved professional in respect of whether the application should be approved and, if so, section 49.1 applies.

(1.5) If the director rejects the recommendation of an approved professional provided under subsection (1.4) or (1.41), the director, within 15 days of the rejection, must provide written reasons to

(a) the applicant, and

(b) the professional association, in the Province, of which the approved professional is a member. ,

(f) in subsection (2) by striking out "standards in section 17 and 18 of this regulation" and substituting "standards, criteria or conditions prescribed in section 17, 18 or 18.1 of this regulation",

(g) in subsection (3) (g) by striking out "section 10" and substituting "section 14",

(h) by repealing subsection (5) and substituting the following:

(5) A director may issue an approval in principle for a wide area site remediation plan if the remediation plan complies with all the following:

(a) the goal of the plan is to satisfy the applicable criteria, standards or conditions prescribed in this regulation;

(b) environmental risks are addressed in the plan to the satisfaction of the director;

(c) the plan provides for the monitoring and assessment of public health and environmental parameters the director considers appropriate for evaluating progress in satisfying the applicable criteria, standards or conditions in relation to the contaminants specified in the plan. , and

(i) in subsection (7) by striking out "special waste" and substituting "hazardous waste".

48 Section 48 is amended

(a) in subsections (1), (2), (3), (4) and (5) by striking out "manager" wherever it appears and substituting "director",

(b) in subsection (1) by striking out everything after paragraph (d) and substituting the following:

if these purposes are unlikely to be satisfactorily met by the entry of notations in the site registry. ,

(c) in subsections (2) and (3) by striking out "covenant made" and substituting "covenant registered",

(d) in subsection (4) (a) (i) by adding "or partially remediated" before "state,", and

(e) by repealing subsection (4) (a) (ii) and substituting the following:

(ii) the site is remediated but requires ongoing management and monitoring because contamination is left at the site, and .

49 Section 49 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A person may apply for a certificate of compliance under section 53 (3) of the Act by submitting a request in writing to a director. ,

(b) in subsection (2) by striking out "manager" wherever it appears and substituting "director" and by striking out "or conditional certificate of compliance",

(c) in subsection (2) (d) by striking out "remediation standards" and substituting "remediation standards, criteria or conditions prescribed",

(d) in subsections (3) and (4) by striking out "section 53 (1) (i)" wherever it appears and substituting "a director's protocol",

(e) in subsection (5) by striking out "manager" in both places and substituting "director", by striking out "impact" and substituting "risks" and by striking out "section 27.6 (2) or (3) of the Act." and substituting "under section 53 (3) of the Act.", and

(f) by repealing subsections (6) and (7) and substituting the following:

(6) A director may require that an application described in subsection (1) for a certificate of compliance in relation to a contaminated site that is classified under a director's protocol as a low or moderate risk site include a report and the recommendation of an approved professional that the application be approved.

(7) If the director does not impose a requirement under subsection (6), the application may include a report and the recommendation of an approved professional in respect of whether the application should be approved and, if so, section 49.1 applies.

(8) If a director rejects the recommendation of an approved professional provided under subsection (6) or (7), the director, within 15 days of the rejection, must provide written reasons to

(a) the applicant, and

(b) the professional association, in the Province, of which the approved professional is a member.

50 Section 49.1 is repealed and the following substituted:

Director may consider recommendations of approved professionals

49.1 For the purpose of determining the manner and extent of the review that must be undertaken of the work on which an application referred to in section 15 (6) , 43 (3), 47 (1.41) or 49 (7), a director may consider whether the application includes the recommendation of an approved professional in respect of the decision requested in the application.

51 Section 50 is amended

(a) by striking out "manager" wherever it appears and substituting "director",

(b) in subsection (1) by striking out "or a conditional certificate of compliance", and

(c) in subsection (2) by striking out "section 27.6 (3) (d) of the Act" and substituting "section 53 (3) (d) of the Act" and by striking out "conditional".

52 Section 51 is repealed and the following substituted:

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.

53 Section 52 is repealed and the following substituted:

Duties of director respecting approvals in principle
and certificates of compliance

52 (1) A director need not consider an application for an approval in principle or certificate of compliance until all required information has been provided to the director for review.

(2) A director must send a copy of an approval in principle or certificate of compliance issued by the director in respect of a site to the municipality in which the subject contaminated site is located.

54 Part 10 is repealed.

55 Section 54 is amended

(a) in subsections (1) and (7) by striking out "manager" and substituting "director",

(b) in subsections (1), (3) and (4) by striking out "section 27.2 (2) of the Act" and substituting "section 49 (2) of the Act",

(c) in subsection (2) by striking out "section 27.2 (3) of the Act." and substituting "section 49 (3) of the Act.",

(d) in subsection (4) by striking out "any protocol established by the director." and substituting "a director's protocol.",

(e) in subsection (5) by striking out "a manager" and substituting "the director", and

(f) in subsection (6) by striking out "A manager" and substituting "The director".

56 Section 55 is amended

(a) by striking out "manager" wherever it appears and substituting "director",

(b) in subsection (1) by striking out "section 27.5 (1) of the Act," and substituting "section 52 (1) of the Act,",

(c) in subsection (2) by striking out "section 27.5 (2) of the Act," and substituting "section 52 (2) of the Act,", and

(d) in subsection (3) by striking out ", certificate of compliance or conditional certificate of compliance," in both places and substituting "or a certificate of compliance,".

57 Section 56 is repealed.

58 Section 57 is amended

(a) in subsection (1) by striking out "section 28 (1) of the Act" and substituting "section 54 (1) of the Act",

(b) in subsection (1.1) and (1.2) by striking out "the manager" and substituting "a director",

(c) in subsection (1.2) by striking out "a manager" and substituting "a director" and by striking out "section 28 (2) (a) of the Act" and substituting "section 54 (2) (a) of the Act", and

(d) in subsection (2) by striking out "section 12 of the Act" and substituting "section 79 of the Act".

59 Section 58 is amended

(a) in subsections (1) and (5) by striking out "section 26.2 of the Act" and substituting "section 41 of the Act",

(b) in subsection (1) (a) (i) by striking out "adjacent" and substituting "neighbouring",

(c) by repealing subsection (1) (a) (v) and substituting the following:

(v) activities described in a director's protocol. ,

(d) in subsection (1) (b) (iv) by striking out "Special Waste Regulation and this regulation," and substituting "Hazardous Waste Regulation and the criteria, standards and conditions prescribed in this regulation,",

(e) by repealing subsection (1) (b) (v) and substituting the following:

(v) activities described in a director's protocol, ,

(f) in subsections (3) and (4) by striking out "manager" wherever it appears and substituting "director", and

(g) in subsection (5) (d) (i) by striking out "Special Waste Regulation and" and substituting "Hazardous Waste Regulation and the criteria, standards and conditions prescribed".

60 Section 59 is amended

(a) in subsection (1) and (3) by striking out "section 26.2 (1) of the Act" and substituting "section 41 (1) of the Act",

(b) in subsection (2) (c) by striking out "Special Waste Regulation" and substituting "Hazardous Waste Regulation", and

(c) in subsection (3) (c) (i) by striking out "Special Waste Regulation and" and substituting "Hazardous Waste Regulation and the criteria, standards and conditions prescribed".

61 Section 60 is amended by striking out "manager" and substituting "director" and by striking out "in a protocol established by the director under section 53." and substituting "in a director's protocol."

62 Section 60.1 (2) is amended by striking out "manager" and substituting "director".

63 Section 61 is amended by striking out "the manager" in both places and substituting "a director".

64 Section 62 is repealed and the following substituted:

High risk orphan sites

62 For the purposes of section 58 (1) (b) of the Act, the determination that an orphan site is a high risk orphan site must be made in accordance with a classification system in a director's protocol.

65 Section 63 is amended by striking out "A manager has no duty" and substituting "A director need not" by adding "or" at the end of paragraph (b) and by repealing paragraph (c).

66 Section 65 is amended by striking out "section 26.1 of the Act" and substituting "section 40 of the Act".

67 Part 17 is repealed.

68 Schedule 3 is repealed and the attached Schedule 3 is substituted.

Schedule 3

Fees
Table 1: Fees For Site Profiles, Information And
Allocation Panel Opinions

* In addition to a fee marked by an asterisk, a further operator fee of $1.00 may be charged for any transaction done by electronic means from a location outside a government office or at a government office by a person who is not a government employee.

Schedule 3

Fees
Table 2: Fees for Core Services and Functions Provided Directly by the
Ministry or Persons on Behalf of the Ministry

Schedule 3

Fees
Table 3: Fees for Applications Involving Approved Professional Expert
Recommendations and Additional Services and Functions

Schedule 3

Fees
Table 4: Substance Classes

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