Reporting "Historical" Contamination: Recent Developments In Manitoba And Saskatchewan

Spills are reportable in all Canadian jurisdictions. However, the existence and extent of an obligation to notify regulators of the discovery of historical contamination on one's own property varies from province to province.

For example, in Ontario there is a requirement to file a Record of Site Condition on a public registry before undertaking a prescribed change in the use of property, which may trigger the need for a clean-up or the performance of a risk assessment.¹ The discovery of historical contamination may also trigger a duty to report, if one causes or permits an ongoing discharge that is causing or is likely to cause an adverse effect.² In Québec, there is a duty to report historical contamination in specific situations. These may include the discovery of contamination originating from prescribed industries and either found at the limit of one's property or if there is a serious risk of off-site contamination³. Such reporting requirements may also be