1Three of these principles, prevention, polluter pays and fairness, are among the 12 general principles of sustainable development identified by the MEF. The rehabilitation-reclamation principle is specific to the problem of contaminated sites.

2Other aspects of the prevention principle which are not properly speaking part of this policy, such as modification of procedures, reformulation of products or substitution of toxic raw materials by non-toxic raw materials, may also greatly contribute to protecting the soils.

It is the responsibility of present-day society to repair as much as possible of the damage resulting from past errors rather than passing it on to future generations. Even if it has no impact or does not constitute a significant danger in its present state, a contaminated site remains a site at risk. Poorly planned modifications (change in use, drainage or excavation work carried out on the site, etc.) can result in this risk becoming significant. Sites burdened by modes of production and consumption not focused on sustainable development cannot simply be abandoned and forgotten.

Rehabilitation must not only correct the situation by decreasing the impact but must also aim at upgrading, that is, returning a maximum of uses to the site and reintegrating it into the cycle of sustainable development. In the same way, excavated contaminated soils and contaminated materials collected during the rehabilitation of a contaminated site must be managed so as to reclaim them and return them to use.

If it cannot immediately rehabilitate all contaminated sites, the present generation has a duty, as a responsible society, to promote the general concept of rehabilitation, elaborate a strategy to make the concept reality and apply this strategy immediately to priority cases.

Each person is responsible for the consequences of any action that affects a common asset. With respect to contaminated sites, this concept is expressed by the polluter-pays principle, which establishes that the polluter is liable for the contamination he has caused and the impact it may have, as well as the costs of characterizing and restoring the sites he has damaged, and he may not transfer this responsibility to other members of society or to future generations.

The application of the polluter-pays principle, which means that environmental costs must be borne internally, allows society to hold the polluter responsible and to ensure that soils and sites regain their functions. If this principle is not applied, society risks being saddled with hundreds of seriously damaged sites scattered throughout the province, which, in order to protect the public and the environment, it will have to take charge of, that is, monitor changes and use and, where required, make them safe or restore them.

The fairness principle presupposes that the rehabilitation of a contaminated site is first and foremost the responsibility of those who are profiting or have profited from the failure to protect it. From another point of view, it means that an individual or a business that in good faith applies MEF policies and directives to prevent the contamination of its site or to rehabilitate it must not be placed at a disadvantage with respect to those who fail to do so. This means that the action required from all owners in the same situation facing the same problems must be similar and apply equally to all at the same time, so that no one gains any advantage over his competitors by ignoring his responsibilities or making do with half-measures.

In the light of the principles set out above, the present Policy encompasses five major objectives:

1. To maintain the quality of undamaged soils.
2. To prevent contaminated sites from having an impact on human health, wildlife, flora, the environment and property.
3. To encourage the reuse of contaminated sites while ensuring that the health, the environment and the property of future users are protected.
4. To promote the rehabilitation-reclamation of contaminated sites by giving priority to those sites that are having an impact on the environment or that constitute a significant risk to human health, the wildlife and flora.
5. To ensure that the contaminated soils, waters and materials collected are properly managed and rehabilitated.

To attain these objectives, the MEF intends to use the following four levers.

Many contaminated places have been characterized and rehabilitated to date on a voluntary basis. The MEF intends to continue working on this voluntary basis with any contaminated site owner or project promoter who is willing to co-operate.

The dynamics of the market were identified in 1988 as one of the main levers permitting the rehabilitation of contaminated sites. The commitment of lending institutions, investors, insurance companies, the Canadian Mortgage and Housing Corporation and many other economic stakeholders has confirmed that, when it comes to contaminated sites, economic and environmental concerns go hand in hand. This determining influence of the market will continue to make itself felt in the future.

Economic instruments or other market mechanisms can be used to influence market dynamics and initiate or accelerate the process of reutilization-rehabilitation of contaminated sites. Such interventions may take the form of special programs involving direct government contributions, the implementation of trusts, tax holidays or credits, funds or any other form of applicable mechanisms. They may be designed to apply to a special problem, a given region or certain categories of users.

The MEF intends to support, by agreement with the governmental, municipal and private stakeholders involved, the development of a range of instruments adapted to clients’ problems and needs.

The MEF will, as the situation requires, make use of the powers it holds to require and force owners of contaminated sites to comply with the principles expressed in the Policy. It will use this power only if otherwise unable to ensure that the owners involved co-operate. Pursuant to the adoption and distribution of the policy, any additional means of intervention required to attain the stated objectives will be formulated in the form of sections added to the Act. The proposed amendments will be submitted to the usual consultation and review process, leading to the implementation of legislative measures.

The relations existing between the fundamental principles, the objectives and resulting action are shown in Figure 1.

Experience acquired in Québec and elsewhere has demonstrated that although the adoption of more high-performance technologies and the introduction of monitoring programs by business may be more expensive at the beginning, this investment quickly becomes cost effective if we take into consideration the costs resulting from the obligation to decontaminate the environment or the handicap represented by the long-term liability incurred by the presence of contamination. The past also demonstrates that it is often very difficult, if not impossible, to return to a contaminated site all the soil functions and uses that it has lost. So it would be unproductive, from both the environmental and economic points of view, to continue to rehabilitate contaminated sites without, at the same time, taking the measures needed to prevent repetition of the scenarios that led to the situation that society is now facing.

The objectives of the "protection" aspect of this policy are thus to favour the adoption by the targeted industries of "clean" technologies and the introduction of stricter monitoring prevention systems, in order to maintain the quality of non-damaged soils and permit quicker, more effective and less expensive responses.

The sites targeted by the preventive measures in the protection aspect of the policy are those of new industrial installations included in areas of activity likely to contaminate the soils and groundwater identified in Appendix 1, which will be established in Québec after the date this policy comes into effect.

After the date this policy goes into effect, the establishment of new industrial installations carrying out activities likely to contaminate the soils and groundwater listed in Appendix 1 shall, in order to be authorized, satisfy the following requirements:

• To characterize the soils and groundwater on the site before work begins

The owner shall carry out a preliminary characterization of the site in order to establish the

quality of the soils and groundwater present. A copy of the characterization report must be submitted to the MEF to be used later in case of an accidental spill or when production ends to determine the rehabilitation objectives that must be met.

• To adopt technology that respects the environment and use it in compliance with the regulations and the code of practice

Restrictions on the disposal of waste materials and requirements relating to their storage as well as improvements in industrial installations and modes of operation will greatly reduce the number and seriousness of cases of soil contamination. In some cases, however, it will be necessary to go farther, to insist on improved protection systems (ex.: a double lining for petroleum products tanks installed near drinking water wells), or, when the resource is irreplaceable (e.g.: ground water in the Îles-de-la-Madeleine), completely prohibit certain industrial activities.

Various regulations and directives of the Ministère de l’Environnement et de la Faune (e.g., Hazardous Materials Regulation) and the Ministère des Ressources Naturelles (e.g., Petroleum Products Regulation) identify these requirements and support this aspect of prevention.

• To put in place a groundwater and surface water monitoring program¹

The implementation of a monitoring program, particularly in places where the equipment may pose a risk (such as tanks, transhipment areas, etc.), will allow the company to quickly detect the presence of contamination due to equipment failure or improper handling, and respond immediately. The detection of contamination present in groundwater or surface water must immediately trigger measures to find and remove the source of contamination and collect the contaminants. The MEF must be informed of the presence of contamination and the corrective measures put in place. The monitoring program must be designed to respond to each particular situation (presence of surface water, sensitive environment, etc.).

• To mobilize financial resources making it possible to carry out the required rehabilitation work during operations or in case of bankruptcy³

Over the past few years, the number of contaminated industrial properties (or those on which various industrial wastes are stored in bulk or in barrels) abandoned by bankrupt owners has increased. The work required to secure and decontaminate these sites has often had to be carried out by the municipalities involved and the government and at their expense. To end this state of affairs, the MEF plans to develop and put in place mechanisms making it possible to guarantee that the amounts required to secure and decontaminate the sites and equipment are available, even if the company goes bankrupt.

The Ministère des Ressources Naturelles has already broken new ground in this area by bringing in amendments to the Mining Act in 1995 that make it possible to ensure restoration of sites affected by mining activities (see box in Section 6.4), by requiring the deposit of financial guarantees before the industry begins its activity. For its part, the MEF already requires financial guarantees under the Hazardous Materials Regulation and plans to put in place post-closure environmental management funds for final waste disposal.

The development of a specific insurance product, although presenting certain difficulties, constitutes another path to be explored, as does the implementation of a preferred claim in case of bankruptcy.

The MEF will continue discussions with experts in the field on these various mechanisms. When appropriate, the most promising mechanisms will be presented to environmental stakeholders for discussion.

³These prevention factors are also valid for industrial installations already in operation in activity sectors likely to contaminate soils and groundwater (see Section 6.4).

In accordance with the Environment Quality Act and the Hazardous Materials Regulation, the person responsible for an accidental spill must report it to the MEF, recover the contaminants and restore the environment.

Thus, if soils or waters are contaminated following an accidental spill or an equipment breakdown, or for any other reason, the business must take action to restore the site to the quality it had before the incident. The results of the characterization carried out before the establishment of the plant will be used to determine the decontamination objectives to be met. If action is not taken immediately after the incident, because the contamination was not noticed or is located beneath the infrastructures, decontamination must take place when the industrial establishment ends its production.

If monitoring has been diligently carried out and action taken at the time of each accidental spill, the measures to be taken to return the site to its initial state when the business ends production should be minimal. If monitoring is neglected, or action on active contamination sources or at the time of previous spills is postponed, larger-scale and therefore more expensive work may be necessary to meet the decontamination objectives.

The decontamination objective of returning the site to its former condition also applies in cases of contamination occurring after the appearance of this policy, even if this contamination was caused by industrial or commercial activities not targeted by Appendix 1.