Preparing applications for contaminated sites legal documents
Last updated on March 2, 2023Under the Environmental Management Act (EMA), a person may want, or be required to obtain a:
- Certificate of Compliance
- Approval in Principle
- Determination of Contaminated Site
The ministry issues:
- Certificates of Compliance to confirm that a site has been remediated in accordance with the requirements in Section 53 (3) of EMA
- Approvals in Principle to approve a site remediation plan under Section 53 (1.1) of EMA
- Determinations of Contaminated Site to indicate whether a site is a contaminated site in accordance with Section 44 of EMA
- This provision can be used to request a determination that a site is not a contaminated site (a negative determination)
Applications for Certificates of Compliance, Approvals in Principle and Determinations of Contaminated Sites could either go through an Approved Professional review or be assessed directly by the ministry.
Under Protocol 6: Applications with Approved Professional Recommendations and Preapprovals (PDF, 406KB), applications for Certificates of Compliance and Approvals in Principle for non-high risk sites are to be accompanied by a recommendation from an Approved Professional unless determined otherwise by the director.
Approved Professionals also review and make recommendations to the director for both high-risk and non-high risk sites for applications for Determination of Contaminated Site.
This guide provides instructions for both qualified professionals and Approved Professionals when preparing and submitting applications for these legal documents to the ministry.
Submission requirements
For all applications
Applications for Certificates of Compliance, Approvals in Principle and Determinations of Contaminated Site should include the following electronic documents:
- Completed Contaminated Sites Services Application (CSSA) (Online) form with fees paid as per Tables 2 and 3 of Schedule 3 of the Contaminated Sites Regulation (CSR)
- Completed Summary of Site Condition
- Site Risk Classification Report and, if required, an Exposure Pathway Questionnaire as described in Protocol 12: Site Risk Classification, Reclassification and Reporting (Revised) (PDF, 737KB)
- All relevant technical reports
- Completed checklists, as necessary, for a preliminary site investigation report and detailed site investigation report. Review Technical Guidance documents:
- Copies of any approvals previously issued by the ministry including those provided under Protocols
- Engineering design of any works that were installed to remediate the site, stamped with the seal of a professional engineer
- If required, a performance verification plan
- Current printout of the land title record (or records) and Land Title Office legal plan(s) for the site
- Current Selection List from an area-based Site Registry search (0.5 km radius) and a Site Registry Detail Report for the site
- Written consent from the owner to obtain the document and to fulfil conditions as required for applicants who are not owners of the property receiving the legal document
- If applicable, records of communications:
- If applicable, a copy of any covenant that deals with the management of contamination under Section 492 of the Land Title Act
- If applicable, financial security documentation as required by a director under Protocol 8: Security for Contaminated Sites (PDF, 218KB)
- If applicable, a summary of other legislation, regulations and bylaws that may need to be complied to remediate the contaminated site
For applications with affected parcels
In addition, the applicants should also submit the following if affected parcels are included in the application:
- If the affected parcel has been remediated:
- A written statement by an Approved Professional that implemented measures will prevent re-contamination or additional contamination of the affected parcel from the source parcel
- Written commitments from the current owner or operator of the source and affected parcels that these measures will be operated and maintained according to the requirements in a Certificate of Compliance or Approval in Principle
- If the owner of the affected parcel applies for a legal document and is claiming to not be responsible for contamination on their property, additional information should be submitted.
- Proof that the affected parcel fully meets requirements listed in the legal document
- Evidence (including field measurements, records and statements) confirming that the affected parcel owner is not responsible for contamination migrating from a source parcel
- Evidence that contaminant concentrations have been fully investigated and are stable or decreasing on the affected parcel
- For further information, review Pre-approvals
Applications with Approved Professional recommendations
In addition, applications with the recommendation of an Approved Professional should include:
- Draft Determination of Contaminated Site, Approval in Principle or Certificate of Compliance, along with appropriate cover letter completed in MS Word
- The type of arm’s length review required for the application as per Section 7.3 of the Summary of Site Condition
- If applicable, copies of a performance assessment report or addendum report
- If applicable, a summary of deviations from the Contaminated Sites Approved Professionals (CSAP) Society Approved Professional Practice Guidelines
- For further information, review Approved Professional drafts and cover letters
Incomplete applications
If a submission has been made by an ineligible applicant or is incomplete, incorrect or improperly prepared, the ministry will send it back for correction or will reject it depending on the severity of the issue.
If the ministry rejects an application accompanied by the recommendation of an Approved Professional, the applicant and the professional organization of the Approved Professional will be notified, as per Sections 15(7), 43(4), 47(1.5) and 49(8) of the CSR.