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Information for municipalities and approving authorities

Last updated on September 9, 2024

When an applicant with a commercial or industrial use site applies for zoning, subdivision, or development and building permits, they may need to submit a Site Disclosure Statement to the municipality and/or approving officer.

The Environmental Management Act (EMA) and Contaminated Sites Regulation (CSR) assign administrative duties to municipalities and approving officers in relation to Site Disclosure Statements.

Review a Site Disclosure Statement

Within 15 days of receiving a Site Disclosure Statement, municipalities or approving officers must review it to determine if it is required.

Is it required?

Applicants must submit a Site Disclosure Statement if:

  • Their site has, or has had, commercial or industrial use listed in Schedule 2,
  • They have applied for a zoning or subdivision approval, or for a building or development permit for an activity that causes soil disturbance, and
  • No exemptions apply

Does an exemption apply?

If the applicant believes an exemption applies, they should submit an initial Site Disclosure Statement that shows the type of exemption, and include supporting documentation that shows how it applies.

The ministry doesn’t approve exemptions. It is up to the municipality or approving officer to determine whether an exemption applies:

If an exemption request falls under CSR 4 (1), and a certification document (an Approval in Principle, Certificate of Compliance or Determination that the site is not a contaminated site) has already been issued by the ministry:

  1. Request a copy of the certification from the applicant
  2. Email SiteID@gov.bc.ca to ask if the certification document has been rescinded or not
  3. Confirm with the applicant whether the certification document is valid and relevant for the proposed land use
  4. Confirm whether the applicant has made reasonable enquiries to determine that no further contamination has occurred at the site since the certification document was issued

If an exemption applies:

  • There are no restrictions on the relevant applications
  • The applicant doesn’t have to complete a Site Disclosure Statement in full. You can keep a copy of the original submission for your own records

Is the statement complete?

Review the statement to make sure:

  • It's the current version of the Site Disclosure Statement
  • All sections are complete and understandable. "N/A" should be used when information isn't available for a field
  • A site map of appropriate scale that shows the location and boundaries is included
  • The site owner or operator is identified and has signed the statement

If the statement is not complete, return it to the applicant to revise and resubmit. 15 days is counted from the time the municipality receives the updated version.

If the municipality or approving officer disagrees with the information on the statement:

  • Work with the applicant to resolve any dispute
  • Contact the ministry for advice at SiteID@gov.bc.ca if a resolution can’t be reached independently

Municipalities and approving officers may charge up to $100 per Site Disclosure Statement submitted to offset their administration costs.

Once the statement is ready

  • Complete the Approving authority contact information section of the statement
  • Check to make sure the statement only shows active applications and not future applications
  • Email the statement and site map to SiteID@gov.bc.ca
  • Let the applicant know that the Site Disclosure Statement has been forwarded to the ministry

After the statement is submitted

Municipalities and approving officers can't approve applications listed on a Site Disclosure Statement that's submitted to the ministry until restrictions are removed according to local government laws.

To remove restrictions, the applicant must provide one of the following official ministry documents to the municipality or approving officer:

  • A certification document
    • The certification document must be relevant to the proposed future development
  • A release notice

A release notice only applies to the specific applications identified in the notice.

Municipalities and approving officers need to confirm that ministry documents are relevant to the proposed land use. For more information, you can:

  • Search local government records for site information
  • Work with applicants to get site information and address issues or concerns
  • Email the ministry for advice: SiteID@gov.bc.ca

As administrators of the site identification process for the B.C. government, municipalities and approving authorities will not be held liable for relying on official ministry documents. Read more: Section 61 of Environmental Management Act.

 

The information on this web page does not replace the legislative requirements in the Environmental Management Act 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.