Preapprovals under Protocol 6

This page provides guidance on the process to apply for a preapproval from the ministry when the entire extent of contamination at a non-high risk contaminated site cannot be delineated or remediated. The requirements for preapprovals are found in Protocol 6 Applications with Approved Professional Recommendations and Preapprovals.

This page also provides some examples of scenarios where full delineation or remediation may not be possible. In situations like those identified below, a preapproval under Protocol 6 must be obtained prior to applying for an Approval in Principle or Certificate of Compliance through the professional reliance process.

Applying for preapprovals

The Protocol 6 Preapproval Application form must be completed, signed and sent to the ministry when preapproval is required under Protocol 6.

In Section VIII of the Preapproval Application, provide detailed rationale and information supporting the application including:

  • The reasons why preapproval is being requested, for example, for legal and/or scientific reasons. Include reference to relevant ministry policies, protocols, guidance and other webpages, if applicable
  • A complete report including relevant site information, data interpretation and any additional relevant information
  • Scientific citations:
    • if proposing to use a standardized and recognized methodology – fully cite the source of the standardized methodology
    • if proposing a new scientific methodology – provide full details of the method with the scientific assessment and all relevant supporting literature

Attach additional pages if there is not enough space on the form.

When applying for a preapproval, a satisfactorily completed Preapproval Application form must be accompanied by a Contaminated Sites Service Application form. Refer to the Apply for Services webpage for more information.

This list of scenarios is not exhaustive and is provided only as a guide:

  1. Where contamination will not be delineated and/or remediated and will not be included in an application for a Certificate of Compliance or Approval in Principle of a remediation plan. Examples for this scenario include:
    • Denial of access to an affected parcel so delineation or remediation is incomplete after substantial efforts have been made to obtain access
    • There is no technically feasible or safe method available to investigate or remediate in accordance with ministry guidance and protocols
    • Merging contaminant plumes from different source parcels where neighbouring source parcel owners will not cooperate to investigate and remediate comingled contamination
    • Flow-through contaminant plumes
    • Contamination caused by the placement of contaminated fill from multiple widespread and undetermined historical sources with no identified responsible person or that has been identified as wide-area contamination
    • Contaminants appear in environmental media as a result of beneficial uses
    • Remediation is occurring, or is planned to occur, in stages. This is primarily for large sites where remediation will occur over several years
    • When only a part of an operating facility is being remediated and there will be an application for a Certificate of Compliance for only that remediated portion
  2. Where a risk assessment would be used which includes derivation or use of a site-specific risk-based concentration
  3. When an Approval in Principle is to be valid for longer than 5 years
  4. To allow for review of a high risk site by Approved Professionals
  5. For relief from the requirement to obtain a Certificate of Compliance for the source property while seeking Certificates of Compliance for affected properties
  6. To obtain a Certificate of Compliance for the off-site affected parcel before the entire extent of contamination associated with the site has been remediated
  7. To modify confirmatory sampling requirements as described in Technical Guidance 1 and/or Technical Guidance 8