Apply for a certification

Determination

A Determination is a document that states whether a site is, or is not, contaminated.

Application requirements

You can apply for a positive determination if concentrations of substances at your site exceed the applicable numerical standards.

You can apply for a negative determination if concentrations of substances at your site are less than the applicable numerical standards of the CSR.

Read legislation

• Section 44 of the Environmental Management Act (EMA)

Approval in Principle

An Approval in Principle (AiP) is a document that:

• Certifies the ministry has reviewed a remediation plan for a contaminated site and implementation of the plan has been approved in accordance with the conditions listed in the AiP
• May authorize any necessary waste discharges that are related to a remediation plan

Both numerical and risk-based standards may be used in remediation plans approved under an AiP. 

Application requirements

To apply for this certification, you must:

• Have a remediation plan for your site that was developed by a qualified professional
• Plan to apply for a Certificate of Compliance after meeting the conditions of the AiP

Information for qualified professionals

Remediation plans are expected to include full delineation - horizontal and vertical - of contamination at a site (such as, a complete detailed site investigation). The director may approve provisions for limited supplementary investigation as part of the remediation plan, for example when:

• There is a reasonable business case to delay delineation, such as maintaining an onsite revenue earning business, or a multi-phased development
• Site access is limited because of municipal demolition permit restrictions relating to onsite heritage buildings or multi-residential structures
• Funding from a lender must be secured prior to the start of a development project

All supplementary investigations to identify the full extent of contamination and all planned remediation must be completed according to an approved schedule. The director may impose requirements within an AiP to ensure compliance.

Once remediation is complete, and the conditions of the AiP are met, a Certificate of Compliance is recommended and may be required by lenders for financing or by a municipality for final permitting (occupancy). 

Read legislation

• Section 53 of the Environmental Management Act (EMA)
• Section 47 of Contaminated Sites Regulation (CSR)
• Section 51 of Contaminated Sites Regulation (CSR)

Certificate of Compliance

A Certificate of Compliance (CoC) is a document that certifies satisfactory remediation of substances at your site to concentrations that meet either the numerical or risk-based standards of the CSR after remediation. 

Application requirements

If you've conducted physical remediation and there's no more contamination remaining, you can apply for a numerical-based CoC.

If you've conducted risk-based remediation at a site, you must ensure that any remaining contamination on your site is safe for human health and the environment before you apply for a CoC. In this case, the conditions of the CoC may require the site owner to restrict land use or activities or to contain, control and monitor substances remaining on-site.

Information for qualified professionals

For a risk-based CoC, you may need to help a site owner or operator develop a Performance Verification Plan. This plan shows which risk controls will be implemented to meet risk-based standards. In some cases, financial security or a restrictive covenant may be required before a site owner receives a CoC. 

Read legislation

• Section 43 of the Environmental Management Act 
• Section 49 and section 51 of Contaminated Sites Regulation