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Remediation implementation

Last updated on February 15, 2023

Once a remediation plan is finalized, implementation of the plan can begin.

Remediation is often undertaken by a property owner or other responsible person as part of due diligence or to improve environmental conditions before sale or redevelopment.

The ministry recommends hiring qualified professionals with contaminated site experience to plan and carry out the work. For example, environmental consultants.

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Independent remediation

If independent remediation is taking place under Section 54: Environmental Management Act (EMA) and Section 57: Contaminated Sites Regulation (CSR), written notification must be provided to the ministry within 3 days of commencement of specified remediation activity.

Notice must also be given to the ministry within 90 days of completion of independent remediation.

For these notifications, remediation activities are the handling, managing, or treating contamination in all media, including:

  • Soil
  • Groundwater
  • Surface water
  • Sediment
  • Vapour

When site remediation begins or is completed, notification must be provided according to the forms under:

There is an exemption from the notification requirement for commencement of independent remediation in case of an emergency response to a spill, if such a spill has been reported according to the Section 79 (EMA) and the Spill Reporting Regulation.

At any time during independent remediation, the ministry may:

  • Inspect and monitor any aspect of the remediation to determine compliance with the regulations
  • Issue a remediation order
  • Order public consultation and review under Section 52 (EMA)
  • Impose requirements that the director considers to be reasonably necessary to achieve remediation

Submission of a notification of the initiation of independent remediation triggers additional reporting requirements under:

This protocol provides procedures for classifying sites based on risk to the environment and human health.

Some investigative work needs to be completed before submitting a notification to help meet the reporting requirements under the protocol.

Learn more about site risk classification.

 

Contamination migration off-site

During the implementation of remediation, it may be found that one or more substances have migrated or there's reason to believe substances have migrated to a neighbouring property and are causing (or are likely causing) contamination of that property.

If this occurs, written notification must be sent to the owners of the adjacent properties using the following form:

Responsible persons must ensure that all requirements associated with migration of contaminants are met.

 

If the implementation of a remediation plan requires a waste discharge authorization under EMA (for example, effluent discharges, air emissions, etc., associated with contaminant treatment), the responsible person undertaking remediation must apply for and obtain authorization before any discharge of waste.

Under EMA, there are significant penalties for failure to provide required notifications or obtain required authorizations when carrying out remediation.

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.

Contact information

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