British Columbia Contaminated Sites – New Requirements Start Feb. 1, 2021

On February 1, 2021, new reporting requirements in British Columbia will apply to owners and operators of lands that have been used for specified commercial and industrial uses. These reporting requirements will also trigger environmental investigation requirements to determine whether or not the lands are contaminated.

While the B.C. government believes this will streamline the site identification process, the changes will also increase the regulatory burden and costs for owners and operators of lands used for specified commercial and industrial uses. We also expect that the amendments could lead to a proliferation of litigation – as more owners and operators are required to conduct environmental investigations of their properties, they may seek to recover those costs from historical owners and operators through a cost recovery action under the Environmental Management Act.