Certification

Only the numerical standards of the CSR can be used to get a Determination.

If concentrations of substances measured in environmental media (groundwater, soil, surface water, sediment, vapour) are less than applicable numerical standards at a site, the director may issue a Determination that the site is not contaminated.

This is sometimes called a 'negative Determination.'

A 'positive Determination' is made when substances exceed the applicable numerical standards, which means that the site is contaminated.

Generally, Determinations are issued upon the recommendation of an Approved Professional.

A person may apply for an Approval in Principle (AiP) of a remediation plan to clean up a contaminated site.

Both numerical and risk-based standards may be used in remediation plans approved under an AiP. 

Remediation plans are expected to include full delineation – horizontal and vertical – of contamination at the site (i.e., a complete detailed site investigation). However, in some circumstances, it may be acceptable to a director for the remediation plan to include provisions for limited supplementary investigation. Examples may include:

• When there is a reasonable business case to delay delineation, such as maintaining an onsite revenue earning business, or a multi-phased development
• When site access is limited because of municipal demolition permit restrictions relating to onsite heritage buildings or multi-residential structures
• When funding from a lender must be secured prior to the start of a development project

All supplementary investigations to identify the full extent of contamination and all planned remediation must be completed according to an approved schedule. The director may impose requirements within an AiP to ensure compliance.

Once remediation is complete, and the conditions of the AiP are met, a Certificate of Compliance is recommended and may be required by lenders for financing or by a municipality for final permitting (occupancy). 

A Certificate of Compliance (CoC) may be issued when the concentrations of substances at a site meet either the numerical or  risk-based standards of the CSR following remediation.

A CoC issued for a site cleaned up to the numerical standards of the CSR means that the site has no measured contamination remaining for the land, water, soil vapour and sediment uses designated in the CoC.  

A CoC issued for a site cleaned up to risk-based standards indicates that the contamination that remains on the site is safe for human health and ecological receptors.

A risk-based CoC may also require the landowner to restrict land use or activities or to contain, control and monitor substances remaining on-site.

In some circumstances, such as where sophisticated control systems are required, financial security or a restrictive covenant may be required before issuing the CoC.