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Developer Lesson 9: Get the Dirt

January 13, 2022

Property developers in BC move dirt – some clean and some not so much. Soil relocation rules are changing in BC. The old ‘soil relocation agreements’ will go away, and the movement of contaminated soil (and now clean soil, too) will be governed by new soil testing and notification requirements, along with penalties for failing to properly test and notify. Managing soil even within the boundaries of a site will also be addressed in these incoming changes. Prior site use will impact how the new obligations will apply, and processes will be stipulated to assist in navigating the new rules.

Suspect soils coming onto and leaving development sites have been a historic liability problem for developers. It is hoped that in the long run the new relocation rules will add certainty.

Take the time to familiarize yourself with the incoming changes. Learn more about soil relocation here. Non-compliance with the new amendments can result in administrative penalties of up to $75,000.

To stay up to date on changes around soil relocation visit our Canadian Environmental Law Blog.  Have questions about soil relocation? Contact Richard Bereti ([email protected]) or Una Radoja ([email protected]).

Expertise

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: January 13, 2022.

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