Legislation and Protocols
The Environmental Management Act and Contaminated Sites Regulation set out the requirements for site remediation in B.C.
Environmental Management Act
Refer to the Environmental Management Act or refer to the following parts of the Act that are directly related to site remediation:
- EMA Part 4 - Contaminated Sites Remediation
- EMA Part 5 - Remediation of Mineral Exploration Sites and Mines
- EMA Part 10 - Offences and Penalties
Contaminated Sites Regulation
Refer to the Contaminated Sites Regulation (CSR) and amendments coming into effect listed below.
Stage 14 amendments (soil relocation)
Following consultation on a 2014 discussion paper, a 2016 intentions paper, and 2019 final policy direction paper, the B.C. government is proposing changes to the current soil relocation process. These changes will help streamline the legal regime, making the process more clear and transparent, and improve the ministry’s ability to carry out compliance verification and enforcement.
An intentions paper outlining the proposed regulatory amendments in the CSR was posted for comments. Stakeholder feedback on the intentions paper is currently under review. Approved amendments to the Environmental Management Act (Bill 3) can be viewed at the link below.
Intentions paper comments
Comments on the 2021 intentions paper were accepted from mid-January to mid-March, 2021. Over sixty comments were received in response to the proposed regulatory amendments in the intentions paper. Read the Regulating Soil Relocation Intentions Paper - Summary of Comments (PDF, 852KB) which reports on the feedback received on the intentions paper.
2021 Stage 13 amendments
Stage 13 amendments to the CSR included changes to the current process for identifying contaminated sites. These changes strengthen and streamline the legal regime, making the process clearer and more predictable, and improve the ministry’s ability to carry out compliance verification and enforcement. This ensures that contaminated sites are investigated and remediated in a timely manner, following site closure and prior to redevelopment.
2019 Stage 12 Amendments
Stage 12 amendments to the CSR were approved, and the below orders deposited, on January 24, 2019. These housekeeping amendments corrected a number of errors in standards and footnotes in CSR Schedules 3.1 to 3.4, introduced during the 2017 amendments, and included consequential amendments to CSR Schedule 1.1 that were inadvertently missed during the Stage 10 and 11 amendments. Additionally, the name of a Wide Area Site (WAS) was changed to Environmental Management Area. The new name has the same meaning and provisions as a WAS in the CSR. The name of a Wide Area Remediation Plan will not change as a result of Stage 12 amendments. This change will affect existing WAS designation holders and future wide-area sites.
- Ministerial Order #426 (PDF) issued October 2016
- Order-in-Council #747 (PDF) issued October 2016
- Order-in-Council #024 (PDF) issued January 2017
- Ministerial Order #015 (PDF) issued January 2014
- Ministerial Order #016 (PDF) issued January 2013
- Ministerial Order #134 (PDF) issued May 2011
Protocols are technical and administrative procedures that are legally required under the Environmental Management Act.
- Protocol 1: Detailed Risk Assessment- Revised (PDF, 492KB)
- Protocol 2: Site-Specific Numerical Soil Standards (PDF, 550KB)
- Protocol 3: Blending, Mixing, or Dilution as a Remediation Approach (PDF, 202KB)
- Protocol 4: Establishing Local Background Concentrations in Soil- Revised (PDF, 568KB)
- Protocol 6: Applications with Approved Professional Recommendations and Preapprovals- Revised (PDF, 406KB)
- Protocol 7: Repealed 2020-02-21.
- Protocol 8: Security for Contaminated Sites (PDF, 218KB)
- Protocol 9: Determining Local Background Groundwater Quality- Revised (PDF, 389KB)
- Protocol 10: Hardness Dependent Site-Specific Freshwater Standard for Zinc (PDF, 370KB)
- Protocol 11: Upper Cap Concentrations of Substances- Revised (PDF, 2.8MB)
- Protocol 12: Site Risk Classification, Reclassification and Reporting- Revised (PDF, 690KB)
- Protocol 13: Screening Level Risk Assessment- Revised (PDF, 823KB)
- Protocol 14: Requirements for Determining Barite Sites (PDF, 99KB)
- Protocol 15: Soil Treatment Facility Design and Operation for Bioremediation of Hydrocarbon Contaminated Soil (PDF, 124KB)
- Protocol 16: Determining the Presence and Mobility of Nonaqueous Phase Liquids and Odorous Substances- Revised (PDF, 259KB)
- Protocol 17: Remediation Forms- Revised (PDF, 1.7MB)
- Protocol 18: Criteria for Establishing Multiple Land Uses at Sites (PDF, 142KB)
- Protocol 20: Detailed Ecological Risk Assessment Requirements- Revised (PDF, 546KB)
- Protocol 21: Water Use Determinations (PDF, 372KB)
- Protocol 22: Application of Vapour Attenuation Factors to Characterize Vapour Contamination (PDF, 421KB)
- Protocol 27: Soil Leachate Tests for Use in Deriving Site-Specific Numerical Soil Standards (PDF, 367KB)
- Protocol 28: 2016 Standards Derivation Methods- Revised (PDF, 3.2MB)
- Protocol 30: Classifying Substances as Carcinogenic (PDF, 136KB)