Land often forms a significant portion of the value of most
estates in Canada, especially here in Vancouver. However, depending
upon the nature of the land owned by the deceased, there may be
unexpected liabilities associated with the administration of such
land by a trustee under the Environmental Management Act
of British Columbia and the regulations thereto (collectively, the
"EMA").
Part 4 of the EMA provides that all current and previous owners
or operators of a land which is a contaminated site under the EMA
are responsible for remediation of a contaminated site and as such
are jointly and severally liable for the reasonably incurred costs
of remediation. An "owner" is defined in the EMA as a
person who is in possession, has the right of control or occupies
or controls the use of land and includes a person who has an estate
or interest, legal or equitable, in the land.
