BC EIA BEST 2015: CBN Regional Update. Eric Pringle Milestone Environmental Contracting

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1 BC EIA BEST 2015: CBN Regional Update Eric Pringle Milestone Environmental Contracting 1

2 Outline for Today 1. Canadian Brownfields Network 2. Regional Update Regulatory Changes and Drivers British Columbia Alberta Prairies Ontario Quebec Maritimes 3. Activities for 2015

3 Canadian Brownfields Network Established in May 2004 National presence derived from recommendations leading from NRTEE Federally incorporated in 2009 as a stand-alone entity Board of Directors Volunteers Standing Committees: Government Relations, Insurance and Finance, and Technical Advisory. Mandate: The CBN is a national advocacy network that represents the interests of brownfield practitioners and stakeholders who want to effect change and address the barriers associated with brownfield redevelopment in Canada.

4 Canadian Brownfields Network Membership > 180 members and growing Member Representation include: Developers Consultants Lawyers Contractors Insurance and Finance Government (Provincial and Municipal) Professionals Industry (Petroleum) 4

5 Regional Update Maritimes Nova Scotia Regulated by Nova Scotia Environment Contaminated Sites Regulations made under the Environment Act now in effect (2013) Highly Prescriptive and has Defined Timelines Provide option for full property closure and ensuing liability protection for the owner Minimum compliance actions for all sites Streamlined regulatory review process Until the industry learns to navigate the process, slows down progress interestingly, this is similar to Ontario currently and perhaps BC in the past

6 Regional Update Maritimes New Brunswick Regulated by Ministry of Environment and Local Government Comprehensive Plan for Brownfield Redevelopment (2008) Targets 4 main areas regulatory certainty, incentives, harmonization in Atlantic Canada, awareness. Regulation Development Project Amended Clean Environment Act (not yet proclaimed, need to draft a regulation) 2010/11 - Developed draft regulatory proposal Consulted with 42 targeted stakeholders including: Insurance, Financial, Legal, Government, Industry and Associations 2013/14 - Finalizing regulatory proposal

7 Regional Update Quebec Regulated by Ministry of Sustainable Development, Environment and the Fight against Climate Change Overhaul of the 1988 Soil Protection and Contaminated Land Rehabilitation Policy that was replaced in Had 10 actions to be completed. Now finally complete. Between 2001 and 2007 Sections added to Environmental Protection Act and 3 Regulations were adopted. New Policy 2 documents: The Policy and The Guidelines. Policy and Action Plan for the up-coming 5 years Guidelines will be up-to-date for activities and methods for 2015 All possible situations and the tools that are available Internet Based living document. Note: Lac Megantic train accident that has been overseen by the Ministry and over 200 staff have been working on the assessment and rehabilitation of the site and Chaudiere River. Bravo!

8 Regional Update Ontario Regulated by Ministry of Environment and Climate Change Ontario Regulation 153/04, enacted in 2011 Process through MOECC continues to be extremely difficult, slow and unpredictable hard for development. Risk Assessment and Record of Site Condition (RSC) expectations don t always align Modified Generic Risk Assessment issues still being worked out 4 yrs. later Management of Excess Soil A Guide for Best Management Practices. (January 2014) Expectations for the beneficial management of excess soil to promote sustainability and environmental protection Many questions still unanswered coming into second construction season Ministerial Review for Policy 18 month process to conclude in June 2015 Generally unworkable difficult implementation, communication of expectations has been lacking, responsibility lies with whom?, and enforcement

9 Regional Update Prairies (Saskatchewan and Manitoba) Saskatchewan Regulated by Ministry of Environment Adopting a new Environmental Code (Nov. 2014) Balance of economic growth and environment protection New results-based approach to environmental regulation. Environmental Code to be released in stages, to allow affected industries to prepare for the change: Chapters dealing with forest management - January 5, 2015, and Remaining chapters - June 1, Manitoba Regulated by Conservation and Water Stewardship Contaminated/Impacted Sites Program administers: The Contaminated Sites Remediation Act (CSRA), and The Contaminated Sites Remediation Regulation (CSRR). Released in April 2014, series of Guidelines

10 Regional Update Alberta Regulated by Environment and Sustainable Resources Development Alberta Brownfield Redevelopment Practical Approaches to Achieve Productive Community Use (2012) still pending Prioritized recommendations: Liability closure e.g., modify current Remediation Certificate (entire site, no further action at brownfield sites) Financial incentives e.g., grant programs; tax benefits Coordination and education e.g., Brownfield Coordinator Office Risk management and registration e.g., risk management implementation; registry of risk managed and other types of brownfield sites Kudos for leadership in Calgary and Edmonton strong vision and actions. Interesting to see what happens in Alberta with the changes in economic outlook and the political climate.

11 Regional Update British Columbia Regulated by Ministry of Environment Review/recommendations for BC Brownfield Renewal Program; now led by Ministry of Environment. Five-year, $10M funding program concluded in Legislative review underway. Review/update of remediation standards Discussion paper on identification of contaminated sites Discussion paper on soil relocation Created a Tool-Kit for revitalization of former service station sites Community Presentations to explore specific properties in smaller, secondary brownfield markets outside of the Lower Mainland (greater Vancouver). This was launched via a series of Brownfield Charettes involving stakeholders & some here. MOE s 2013 conference and Brownfield stream, an excellent example of collaboration with CBN!!

12 Closing Observation In our travels, we hear the Maritimes & BC often credited for BF regulatory leadership Clearly, there is a significant importance for stable, transparent, efficient regulatory process and regulatory closure Ontario local governments have created many incentives BC is catching up Great to see BC MOE gearing up for the renewed Brownfield Renewal Strategy

13 Final Closing Thought CBN s vision: that brownfield property reuse be the preferred solution by developers. We ve seen great progress in remediation & liability solutions. We see evolving regulations & regulatory process. We still have important ground to cover in the smaller, more rural markets where sites are frequently upside-down. 13

14 Up-coming Activities/Events 2015 Americana (Montreal) March Very successful! BEST Conference by BCEIA (Whistler) May RemEast by ESANS (Moncton) June CBN AGM and Conference (Toronto) June 17 Remtech by ESAA (Banff) October Networking Opportunities: Further Relationships & Knowledge base. Share Experiences. Learn. 14

15 CBN CanadianBrownfieldsNetwork.ca Thank you for attending! Hope to see you in Toronto in June. Contacts: Eric Pringle CBN LinkedIn group Join Us! Grant Walsom Isaël Poirier 15