Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold


In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C. 2003, c. 53 (the EMA).  This legislative change was discussed in a prior article on the Bennett Jones Thought Network (Limitation Periods for Environmental Cost Recovery Claims in BC Abolished).

The legislation, which proposed an amendment to the EMA to effectively provide that actions to recover costs for remediation of contaminated sites would not be subject to any limitation period, was originally set to come into force on June 1, 2013, but has been put on hold for now.

The amendment generated significant concerns amongst industry, academic and legal practitioners about the potential uncertainty that would result.  On February 27, 2013, the B.C. Legislature enacted an Order in Council providing that the amendment will no longer come into force on June 1, 2013.  While existing limitation periods for cost recovery actions will remain in place, new provisions in the new Limitation Act coming into force on June 1, 2013, may impact these existing limitation periods, including the ultimate limitation period applicable to cost recovery actions.

If you have any questions about the EMA or the new B.C. Limitation Act and how it may impact you or your business, please contact Wally Braul, Mike Theroux, or Laura Gill.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bennett Jones LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.