Limitation Periods For Environmental Cost Recovery Claims In BC Abolished

The government of B.C. recently passed legislation that will eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C. 2003, c. 53 (EMA). Presently, the application of statutory limitation periods to cost recovery actions under the EMA is somewhat unclear, although the generally held view is that cost recovery actions are subject to either a two-year or six-year limitation period that is triggered upon a party incurring remediation costs.

Defendants to cost recovery claims can currently claim the protection of the limitation periods set out in the Limitation Act, R.S.B.C. 1996, c. 266, as s. 35(1) of the Contaminated Sites Regulation, B.C. Reg. 375/96 provides that a defendant may assert all legal and equitable defences in such actions, which necessarily includes defences related to limitation periods. However, exactly which limitation period under the Limitation Act applies to