Amendments to BC’s Contaminated Sites Regulation: BC seeks to improve regulatory burden when dealing with contaminated sites

British Columbia recently introduced an important set of changes to its Contaminated Sites Regulation (CSR) – a key part of how contaminated land is managed, remediated, and reused across the province. These updates are part of a broader effort to modernize environmental rules, reduce unnecessary regulatory burden, and support economic activity.

The most recent amendments, effective as of October 9 and 27, 2025, include several key improvements to reduce the burden of Protocol 19, a technical protocol under the Environmental Management Act that sets out site investigation and reporting requirements specifically tied to the relocation of soil from potentially contaminated sites.

One of the biggest practical changes introduced in these amendments is that the CSR now provides an exemption from the Protocol 19 soil relocation requirements for sites that have a Certificate of Compliance or a Final Determination that the site is not contaminated, as long as site has not become contaminated since the certification document was issued. The exemption will only apply if the soil and vapour at the source site does not contain any substance with a concentration greater than or equal to the numerical standard for the soil or vapour that applies to the receiving site.

Another key improvement is the addition of two new exemptions to the requirement for providing a site disclosure statement to a municipality when seeking approval for a development permit, building permit, or any activity that will likely disturb the soil. The first exemption applies if the municipal approval is only for the purpose of carrying out site improvements, and the land will continue to be used for the same use upon completing the site improvements. The second exemption applies if the municipal approval is for the purpose of site remediation.

Any site disclosure statements submitted after October 9 that qualify for the exemptions listed above can be withdrawn by making a request to the ministry and/or local governments or approving authorities.

Other amendments to the CSR include clarification around exemptions for gravel pits and quarries, as well as amendments to certain CSR forms to streamline the regulatory process and facilitate digital submissions.

Overall, the changes to the CSR provide welcome simplification, particularly in sectors like construction and land redevelopment by reducing the regulatory burden for soil relocation activities.

If you have questions about how these amendments may impact your development or remediation plans, please contact Kinsey Furniss, or any member of our Environmental Law team.