Contaminated Sites Remediation Regulation

Contaminated Sites Remediation Regulation, M.R. 105/97 The Contaminated Sites Remediation Act , C.C.S.M. c. C205 Regulation 105/97 Registered May 2, 1997 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 Contaminated levels requiring notice to director 1.2 Method of providing material 2 Notices, orders and certificates 3 Agreements 4 Reports, records and plans 5 Nature and effect of contamination 6 Electronic summary of document 7 Other documents or records 8 Exempt purposes 9 Commission's costs of apportionment hearing 10 Commission's costs of appeal hearing 11 Itemized statement of costs 12 Objection to determination of costs 13 Repealed 14 Coming into force Schedule Definitions 1 In this regulation, "Act" means The Contaminated Sites Remediation Act ; («  Loi  ») "appeal hearing" means a hearing of the commission under Part 7 of the Act on an appeal from a decision or order of the director; (« audience en appel ») "authority" means an authority as defined in The Expropriation Act ; (« autorité expropriatrice ») "expropriation" means expropriation as defined in The Expropriation Act . (« expropriation ») NOTICE OF CONTAMINATION Contamination levels requiring notice to director 1.1(1) The owner or occupier of a site must notify the director when he or she becomes aware of information indicating that the site has been contaminated at a level that exceeds an applicable standard referred to in this section. 1.1(2) For the purpose of clause 3.1(a) of the Act, the following standards are adopted, as amended from time to time: Primary standards Canadian Council of Ministers of the Environment, Canadian Environmental Quality Guidelines, 1999 Canadian Council of Ministers of the Environment, Canada-Wide Standards for Petroleum Hydrocarbons (PHC) in Soil, 2008 Health Canada, Guidelines for Canadian Drinking Water Quality — Summary Table, 2012 Secondary standard Ontario Ministry of the Environment, Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act, 2011 Tertiary standard Government of Alberta, Alberta Tier 1 Soil and Groundwater Remediation Guidelines 2010 1.1(3) The following rules are to be applied to determine which standard set out in subsection (2) is to be used: Rule 1 If a standard for a contaminant in relation to the applicable site conditions is provided in a primary standard, that is the standard to be used. Rule 2 If a contaminant is not listed in a primary standard or if none of the primary standards address the applicable site conditions, the secondary standard is to be used if the secondary standard addresses the specific contaminant and the applicable site conditions. Rule 3 If a contaminant is not listed in the primary or secondary standards or if the primary and secondary standards do not address the applicable site conditions, the tertiary standard is to be used if the tertiary standard addresses the specific contaminant and the applicable site conditions. M.R. 94/2014 Method of providing material 1.2 Reports and other documentation respecting contamination at a site that are provided to the director under clause 3.1(b) of the Act may be submitted in print or sent in an electronic format acceptable to the director. M.R. 94/2014 SITE REGISTRY Notices, orders and certificates 2 The director shall file in the registry a copy of each notice or certificate issued, or order made, under any provision of the Act. Agreements 3 The director shall file in the registry a copy of each agreement entered into or approved by the director under any provision of the Act. Reports, records and plans 4 The director shall file in the registry a copy of each report, record or plan received by the director under any provision of the Act. Nature and effect of contamination 5 Where a notice of site designation is filed in the registry, the director shall also file in the registry a document which describes, in summary form, the nature and extent of contamination at the site according to the information available to the director at the time of the designation. Electronic summary of document 6(1) Subject to subsection (2), where the director is required by this regulation to file a copy of a document referred to in sections 2 to 5, he or she may also post an electronic summary of the document on a publicly accessible electronic network. 6(2) An electronic summary of a document posted by the director under subsection (1) shall be for convenience only and shall not be considered equivalent to the document filed in the registry to which the summary relates. 6(3) Where there is any discrepancy between an electronic summary posted under subsection (1) and the document filed in the registry to which it relates, the document filed in the registry shall take precedence. Other documents or records 7 The director may file in the registry a document or other record not referred to in this regulation where he or she believes that its filing is in accordance with the purposes of the Act. EXPROPRIATION Exempt purposes 8(1) For the purpose of clause 9(2)⁠(c) of the Act and subject to subsection (2), the purposes for which an authority may acquire land by expropriation or otherwise without becoming potentially responsible for remediation are as follows: (a) for the purpose of a dyke under The Dyking Authority Act ; (b) for railway purposes, within the meaning of subsection 44(1) of The Provincial Railways Act ; (c) for the purposes of section 27 of The Gas Pipe Line Act ; (d) for the establishment of a reserve or for use in administering a reserve under The Ecological Reserves Act ; (e) for a scheme under The Conservation Districts Act ; (f) for a heritage site or a municipal heritage site under The Heritage Resources Act ; (g) [repealed] M.R. 60/2019 ; (h) for the purposes of section 7 of The Endangered Species Act ; (i) for the purposes of subsection 3(1) of The Public Works Act ; (j) for a designated area under Part I of The Wildlife Act ; (k) for the purposes of The Water Services Board under The Water Services Board Act ; (l) [repealed] M.R. 60/2019 ; (m) for the purposes of clause 16(1)⁠(b) of The Manitoba Hydro Act ; (n) for provincial park lands under The Provincial Parks Act ; (o) for the creation, protection or development of water power under The Water Power Act ; (p) for the construction or operation of water control works under The Water Resources Administration Act ; (q) for the following local services under The Northern Affairs Act as defined under that Act: (i) water supply and water distribution systems, (ii) sewage systems, (iii) local roads and sidewalks, (iv) local drains and drainage systems; (r) for the purposes of The Manitoba Natural Gas Corporation under The Natural Gas Supply Act ; (s) for municipal purposes under subsection 254(1) of The Municipal Act ; (t) for the purposes of The City of Winnipeg under section 160 of The City of Winnipeg Act ; (u) for government purposes under section 4 of The Land Acquisition Act ; (v) for the purposes of section 11 of The Transportation Infrastructure Act . 8(2) Notwithstanding subsection (1), where it is practical and economically feasible for an authority to acquire land other than the site and the authority knows or ought to have known of the site's contamination before the acquisition, the site shall be deemed not to have been acquired for a purpose prescribed under subsection (1). M.R. 60/2019 DETERMINATION OF HEARING COSTS INCURRED BY THE COMMISSION Commission's costs of apportionment hearing 9(1) The commission's actual costs of conducting an apportionment hearing shall be included in the costs of remediation. 9(2) The amount of the commission's costs under this section shall be determined with reference to the allowable cost items set out in the Schedule. Commission's costs of appeal hearing 10 Where the commission orders a party or parties to an appeal hearing to pay or contribute to the commission's costs of conducting an appeal hearing, the total amount of costs ordered to be paid shall not exceed the commission's actual costs of conducting the hearing, determined with reference to the allowable cost items set out in the Schedule. Itemized statement of costs 11 Where the commission makes a determination of its costs of conducting a hearing under section 9 or 10, the commission shall serve on each of the parties to the hearing an itemized statement of those costs. Objection to determination of costs 12(1) A party may, within 20 days after receipt of an itemized statement of costs under section 11, object to the determination of the costs by serving on the commission a notice in writing specifying those costs to which he or she objects, and stating the reasons for the objection. 12(2) The commission shall without delay consider the party's reasons for objecting to the determination of the costs, and confirm or vary the determination, or revoke it and make another determination in its place. 13 [Repealed] M.R. 106/2000 Coming into force 14 This regulation comes into force on the proclamation of The Contaminated Sites Remediation Act , S.M. 1996, c.40. SCHEDULE Eligible costs of commission hearings 1 For the purpose of sections 9 or 10, the following costs, when incurred by the commission in respect of a hearing, constitute the commission's costs of conducting the hearing to the extent that those costs are not paid from another source: (a) the cost of advertising; (b) the cost of the remuneration, including employee benefits, and expenses, including travel, accommodation and meals, of the members of the commission involved in the hearing while they are engaged in activities or travel associated with the hearing; (c) the overtime remuneration and related employee benefits of the staff of the commission; (d) the cost, including remuneration and expenses, including travel, accommodation and meals, in respect of services rendered by persons, other than employees of the government, who provide professional, expert or technical advice to the panel while they are engaged in providing advice or in travel associated with the hearings; (e) the cost of telecommunications expenses, long distance telephone calls, photocopying, faxing, mail, courier and other similar expenses, incurred by the persons referred to in clauses (b) and (c) while they are engaged in activities associated with the hearing; (f) the fair market value of office space that (i) is occupied by the persons referred to in clauses (b) and (c) while they are engaged in activities associated with the hearing, and (ii) would not have been so occupied, but for the hearing; (g) the cost for the rental of space for the holding of the hearing; (h) the costs for the rental of sound, simultaneous translation and other equipment used inthe holding of the hearing; (i) the cost of (i) recording the hearing, (ii) transcribing the record of the hearing, and (iii) translating any part of the hearing; (j) other actual costs associated with the hearing as determined by the commission.