know”. Where this is not the case,
(for example, it isa “green” site
profile) the site profile shall be
forwarded to the registrar of the
site registry. There does not ap-
pear to be any further obligation
on the municipality once these
steps have been complied with.
Further, s. 3(4) of the draft regula-
tion makes it clear that a munici-
pality has no duty under the Act
or the regulation to “receive, as-
sess, store, file or otherwise man-
age” a site profile once the above
mentioned steps are completed.

Section 3(5) and (6) of the draft
regulation allows the municipality
some discretion to forward a site
profile to the regional waste man-
ager when the “site profile conflicts
with knowledge of the municipal-
‘ity.” Once a municipality takes this
decision, it must forward to the re-
gional manager the information
that is the basis of this knowledge.

Other than adding another layer
of administrative responsibility,
the assessrnent of a site profile
will not be an overly difficult or
onerous task.

_. One question that arises is where
the information to complete the site
profile comes from. In many cases,
municipal records will be the
source of choice. Given this, mu-
nicipalities can expect that those
"persons needing to complete a site
profile will base such a site profile
_ on information supplied, at least

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cert perme

. municipalities can expect
that those persons needing
to complete a site profile will
base such a site profile on
information supplied, at
least partially, from the
municipality itself.

son, ea

partially, from the municipality it-
self. In preparation for these inquir-
ies municipalities should consider:

1. compiling checklists of possi-
ble sources of information
available within the municipal-
ity related to contaminated
sites, and systematizing such
records to help ensure full, effi-
cient and accurate disclosure to
applicants,

preparing a disclaimer that ac-
companies data provided by
the municipality to the public.
Although they cannot insulate
a municipality from liability,
disclaimers are helpful in
warning the public that the in-
formation supplied may not be
accurate; and

familiarizing themselves with
the Freedom of Information ani
Protection of Privacy Act to en-
sure that they are not releasing

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any information in contraven-
tion of the privacy provisions
of the Act.

Last, we are aware that several mu-
nicipalities have been submitting
comments on the proposed regula-
tions directly to the Contaminated
Sites anc Toxicology Section at the
Ministry of Environment. This is
inyportant as local conditions (e.g.,
groundwater standards on the Gulf
Islands) mav necessitate changes or
exemptions to some of the provi-
sions of the Act or regulations. Such
submissions should be encouraged
50 as to ensure changes before the _
legislation is proclaimed.

Reece Harding 4