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Contamination migration

Last updated on September 4, 2024

Contamination migration happens when a contaminated substance spreads from a site or parcel of land to the surrounding area.

If during any stage of investigation or independent remediation it's determined that one or more substances have migrated from your site to a neighbouring parcel, or there's reason to believe that substances are causing (or are likely causing) contamination, it is your responsibility to make sure it gets cleaned up. Learn more about steps you can take as a responsible person or affected parcel owner. 

On this page

If you are the source parcel responsible person

A responsible person includes:

  • A parcel owner
  • An operator of a business
  • A leaseholder
  • A person responsible for a spill causing contamination
  • Anyone else responsible for releasing a substance that results in the contamination or likely contamination of a neighbouring parcel

Complete a Notification of Likely or Actual Migration (NOM) form

Within 15 days, you must notify the affected parcel owner(s) and the ministry if contamination migration has occurred or is likely.

Every NOM is recorded in the Site Registry under the record for both the source parcel and the affected parcel. Once all affected parties are notified, there is no requirement to submit further NOMs each time new testing occurs unless:

A new parcel is later found to be affected (or likely affected)

  • Provide the parcel owner with a NOM form and submit a copy to the ministry

New substances migrate to the parcel

  • Give the affected property owner an updated NOM form that includes information about the new substances

For more information read:

Investigate the affected parcel

If you suspect contamination has migrated to a neighbouring parcel of land, you are expected to investigate it. Access to the potentially affected parcel must be given by the owner. 

If you can't get access to the affected parcel: 

  • Characterize potentially contaminated media at the perimeter of the affected parcel, or
  • Examine potential contamination at the boundaries of the source site where contaminants are likely migrating offsite

If the site is high risk:

  • The ministry may order the affected parcel owner to allow access to an affected site

Develop a remediation plan

You should contact the affected parcel owner to discuss a remediation strategy. This applies to both cleanups under independent remediation and those where the ministry will be involved and will issue an Approval in Principle for the remediation plan or a Certificate of Compliance.

Apply for a certification

If you are applying for an Approval in Principle or Certificate of Compliance for an affected parcel:

  • Review the Communication expectations for source parcel responsible persons
  • Send a registered letter to the affected parcel owner that outlines specific information, including a request for comments and concerns about work done and proposed at the affected parcel.

If a written response is not received from the affected parcel owner within 30 days:

  • Contact the parcel owner by phone, email, or in person requesting a response to the original communication

Once the affected parcel owner has made initial contact by phone, email or in person

  • Request a response to your original registered letter
  • Provide an additional 30-day timeline for response from the time of the phone call, email or in-person contact

If the affected parcel owner objects to the proposed Approval in Principle or Certificate of Compliance, you must document the reasons and provide them to the ministry for consideration.

The director will consider the specific situation, as well as comments received from people representing those affected by the decision. This could include:

  • Utility companies
  • Operators at the affected site
  • Mortgage holders

The director may issue an Approval in Principle or a Certificate of Compliance based on the information above. Applications that don't meet the communication expectations are considered incomplete and won't be reviewed.

If you are the affected parcel owner

You are not responsible for cleaning up contamination on your site if:

  • Contamination was caused by substances that migrated from another owner's parcel
  • The substances are managed under a wide area remediation plan and didn't come from the affected owner's parcel

Read more in legislation:

Note: In some cases, a source parcel owner may request access to your parcel to investigate or remediate actual or likely contamination.

If you do not allow access, you may not be eligible to receive a Certificate of Compliance from the ministry (indicating that the affected parcel meets the environmental quality standards of the CSR). This could impact the future sale of the affected parcel or the ability to obtain financing for redevelopment.

What to do if contamination migrates to your parcel

Seek competent advice

Get advice from a qualified environmental consultant or a lawyer who have experience with provincial contaminated sites laws. Note: the ministry does not provide legal advice.

Contact the source parcel owner

If the source parcel owner doesn't take the initiative, you should contact them to request site investigation reports and information on their intentions for remediating the source and affected parcels.

Obtain ministry records

Search the Site Registry to get information about the source site and affected parcels held by the ministry. 

 

The information on this web page does not replace the legislative requirements in the EMA or its regulations and it does not list all provisions for contaminated site services.

If there are differences between this information and the Act, Regulation, or Protocols, the Act, Regulation, and Protocols apply.