Release notices

A release notice is a limited, one-time use document that removes restrictions on specified municipal application approvals.

A release notice is intended for simple, straightforward sites.

Release notices may be helpful in a variety of situations, including, but not limited to:

• Where municipal approval is needed to complete upgrades and there will be no change in land use
• Where municipal approval is needed to redevelop a site to a new use

On this page

• Eligibility
• Scenario types
  • Scenario 1
  • Scenario 2
  • Scenario 3

Eligibility

Before applying for a release notice, a Site Disclosure Statement must be entered on the site registry. The owner receives notification from the ministry when this step is complete.

The ministry can only consider issuing a release notice for active municipal applications that are listed on the site disclosure statement.

General application requirements

To be considered, the application must include:

• All legal requirements in the Environmental Management Act (EMA), Contaminated Sites Regulation (CSR) and associated protocols
• Expectations outlined by scenario type below
• Any other information requested by the director

A release notice will not be issued if:

• There's incomplete information provided in a release request
• The ministry has not received a satisfactorily complete site disclosure statement that reflects the municipal approvals described in the release request under Section 40 of EMA
• A site will be developed in multiple phases and many municipal approvals are required over many years
• For scenario 3 only:
  • When the site is not contaminated
  • If the site is classified as high risk
    • Once the high risk conditions at the site are remediated, a release notice may be considered

If a site is not eligible for a release notice, applicants can consider alternatives such as an application for a ministry certification document:

• For example, approval in principle

Scenario types

There are different types of scenarios where a release notice is considered. This depends on the situation.

Scenario 1: no site investigation required

In scenario 1, the ministry will consider a release where municipal approval is needed:

• To prepare a site for redevelopment
• For upgrades at sites with ongoing Schedule 2 uses
• Other situations where completion of site investigation is not necessary before approval of a municipal application

Application requirements

An applicant requesting a release under this scenario should submit the following information to the ministry:

• The online Contaminated Sites Services Application Form
• A letter signed by the site owner or operator that includes:
  • The Site ID number, site address, PID(s) or PIN(s)
  • Identification of the owner or operator requesting the release notice
  • Identification of the agent acting on behalf of the owner
  • A list of all affected municipal applications, including permit application number(s), and date(s) of submission to the municipality or approving officer
  • A brief description of the site history and current use
  • A description of the proposed activity
  • A map of the site (for site upgrades the map should identify the area of proposed work)
  • Confirmation that additional municipal approvals listed in section 40 of EMA will be required if the site is redeveloped in the future

Submit this information to: siteID@gov.bc.ca

Scenario 1 release examples

The following are examples of typical scenarios where release notices may be issued under scenario 1.

This list is not exhaustive and is intended as guidance only.

Sites may be eligible for release under this scenario:

• When zoning approval is required to receive funding from a lender or otherwise prepare a site for development
• Subdivision
  • For municipal road dedications or to prepare a site for development
• Development or building permits (where soil disturbance is likely):
  • For upgrades to active industrial and commercial uses listed in Schedule 2
  • For soil excavation relating to independent remediation

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Scenario 2: no longer available

Scenario 2 release notices are no longer available.

Review scenario 1 for more information on requesting a release notice to allow for upgrades to an active industrial or commercial use listed in Schedule 2.

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Scenario 3: independent remediation

Section 6.2 of the CSR requires completing a site investigation and submitting reports before applying for this type of release notice.

In scenario 3, a release notice can be requested if an owner or operator wishes to carry out independent remediation during the development of a contaminated or potentially contaminated site.

These release notices are intended for sites where the site use will change following redevelopment.

An applicant requesting a release under this scenario should submit the following information to the ministry:

• The online Contaminated Sites Services Application Form
• A letter that includes:
  • The Site ID number, site address, PID(s) or PIN(s)
  • Identify the owner or operator requesting the release notice
  • Identify the agent acting on behalf of the owner
  • A list of all affected municipal applications, including permit application number(s), and date(s) of submission
• Site investigation reports as required by section 6.2 of the CSR
• Site Risk Classification Report (SRCR) (PDF, 159KB)
• Remediation plan and schedule for completion of remediation
• Approved professional opinion
• Pre-approvals and approvals under protocols, if required
• Commitment from the property owner or operator

Submit this information to: siteID@gov.bc.ca

Remediation plan

For a site undergoing redevelopment where there's no identified contamination, the ministry recommends getting a determination that the site is not contaminated.

Refer to Part 1, Section 1 of the CSR for the contents of a remediation plan. Remediation plans can be to either the numeric or risk-based standards of the Contaminated Sites Regulation and may include Screening Level Risk Assessment.

If a remediation plan is based on a detailed risk assessment, a risk assessment report must be complete when submitting the release request and any statements referring to the risk assessment must be signed by a Risk-based Standards Approved Professional.

Approved professional opinion

The ministry expects an Approved Professional to review all available information before providing the necessary statements for a release request; specifically, concerning the extent of site investigations, delineation of contamination and appropriateness of a remediation plan.

All applicable protocols and guidance should be reviewed and followed when evaluating site information and preparing a release request. The ministry may consider Approved Professional opinions when deciding if it's appropriate to issue a release notice for municipal approvals.

An approved professional must provide a signed statement confirming that in their opinion:

• The site is not high risk
• All contamination at and migrating from the subject site has been delineated on the subject site and neighbouring parcels
• Remediation of the entire extent of contamination at the site to applicable standards is achievable before one of the following endpoints:
  • Completion of final building inspection
  • Issuance of an occupancy permit
• Once remediation is complete, the site will meet the applicable environmental quality standards in the CSR and will be eligible for a Certificate of Compliance

Pre-approvals

Pre-approvals and approvals under protocols must be obtained before the submission of a release request.

Pre-approvals cannot be considered concurrently with a Scenario 3 release notice application.

A copy of the pre-approval or approval must be included in the release request.

Learn more about pre-approvals.

Commitment letters

Commitment letters ensure that the property owners and operators know and understand their obligations relating to a release notice.

Letters must be signed by either the owner or operator of the site and confirm that:

• The parcel will be remediated in accordance with the remediation plan
• Remediation will be completed before the endpoint specified by the Approved Professional

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