Remediation liability

Last updated on May 31, 2022

The Environmental Management Act (EMA) and Contaminated Sites Regulation (CSR) provide the framework for determining who's responsible for the remediation of contaminated sites.

Legal advice

For more information on remediation liability for a specific situation, seek advice from a lawyer familiar with contaminated sites legal provisions currently in effect in British Columbia.

Responsible persons

In B.C., the 'polluter pays.' Individuals who are in some way responsible for causing contamination are 'responsible persons.'

They must pay for the cost of any site remediation that's required.

Orphan sites

If responsible persons cannot be found or cannot pay, the site may be considered 'orphaned' by the ministry.

The minister will determine which orphan sites will be remediated by the B.C. government to protect human health and the environment.

Exemptions

Under the EMA, responsible persons may be exempt from remediation liability for a site that was contaminated by:

An act of God or war
A third party unconnected with the owner
Migration of a substance from another owner’s site
Natural occurrences not assisted by human activity
An owner if the owner 'innocently acquired' the site

The information on this web page does not replace the legislative requirements in the EMA or its regulations and it does not list all provisions for contaminated site services.

If there are differences between this information and the Act, Regulation, or Protocols, the Act, Regulation, and Protocols apply.

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