Contaminated Sites 2023

December 5, 2023 at 9:00AM PST

Live Webinar - online only!

Contaminated Sites 2023

December 5, 2023

Overview

Does your practice or business involve dealing with contaminated sites? This course brings together industry experts, lawyers, and members of the Contaminated Sites Approved Professional (CSAP) Society to discuss the latest caselaw, government protocol and policy updates, and everything else you need to know about the changing world of contaminated sites. You will gain clarity and confidence to work effectively with problem sites and to handle disputes that arise along the way.

Please note this program is only offered online as a live webinar event.

This comprehensive one-day webinar will provide:

  • An update on how the courts have handled recent contaminated sites disputes

  • Updates on Ministry of Environment and Climate Change Strategy protocols and policies

  • The latest on environmental management systems

  • A look at spill response procedures since the 2017 updates

  • And more!

This program is designed for:

  • Lawyers practising in environmental, real estate and construction law

  • Environmental managers

  • Corporate officers and directors

  • Clean-up specialists and contractors

  • Environmental engineers, consultants and planners

  • Real estate developers

  • Commercial realtors, landlords and tenants

  • Home inspectors

  • Insurance professionals

  • Federal, provincial and municipal officials dealing with contaminated sites

Agenda

9:00 - Welcome and Introduction by PBLI

9:05 - Chairs’ Welcome and Introduction

Andrea Akelaitis
Partner, Letcher Akelaitis LLP

Jason Wilkins
Principal, Legacy Environmental Ltd.

9:10 - 2023 Case Law Update

Una Radoja
Partner, McCarthy Tétrault LLP

  • A review of recent court and tribunal decisions affecting the field of contaminated sites

9:50 - Questions and Discussion

10:00 - Adjournment

10:15 - Contaminated Sites Industry Update

Andrew Sorensen
Partner, Thurber Engineering Ltd.; President, CSAP Society

  • Updates for the Ministry of Environment and Climate Change Strategy

    • Applications related to housing projects

    • Recent changes to Soil Relocation regulations - early takeaways

    • Anticipated changes to Site Investigation protocols

    • Climate change discussion paper

  • Updates from the Contaminated Sites Approved Professionals (CSAP) Society

11:05 - Questions and Discussion

11:15 - Changing Government Protocols: Industry Perspectives and Questions

Jason Tonin
Vice President, Beedie Group

  • The impact of climate change on contaminated sites and development

  • Updates to government protocols and what they mean for industry actors

12:05 - Questions and Discussion

12:15 - Lunch Break

1:00 - Environmental Management Systems

Tony Crossman
Partner, Blake, Cassels & Graydon LLP

  • Essential content of an environmental management system

  • Due diligence, record keeping, document retention

1:50 - Questions and Discussion

2:00 - Adjournment

2:15 - Spill Response Procedures

Andrea Akelaitis
Partner, Letcher Akelaitis LLP

Will Gaherty
President, PGL Environmental Consultants

  • What have we learned since the 2017 updates?

  • How to handle reporting requirements

  • 30Legal and technical perspectives

3:05 - Questions and Discussion

3:15 - Case Histories of Regulatory Uncertainty

David Mitchell
Principal, Senior Engineer, Active Earth Engineering Ltd.

  • SDS exemption uncertainties

  • Plume Stability Monitoring

  • Post remediation groundwater and vapour testing

  • Statutory decision maker differences

  • Consultation / off-site delays

  • CSAP audits

  • Unexpected findings

  • Bad judgement from other firms

  • Political / staffing changes

4:05 - Questions and Discussion

4:15 - Program Concludes



Meet the Co-Chairs

  • Partner, Letcher Akelaitis LLP, Vancouver, BC

    Ms. Akelaitis has acted as advisor and co-counsel on many of British Columbia’s contaminated sites matters including before the Environmental Appeal Board on behalf of the successful party in Seaspan ULC v. Director, Environmental Management Act and Domtar Inc. et al (May 9, 2013). Ms. Akelaitis works in air and odour management regulatory issues and in a range of issues related to recycling and waste management. She acted as co-counsel in the leading Canadian odour management decision West Coast Reduction Ltd. v. District Director of the Greater Vancouver Regional District (BC Environmental Appeal Board, March 8, 2010). Ms. Akelaitis also works in permitting, compliance, defending environmental prosecutions and environmental assessment regulatory and litigation issues. She appeared as co-counsel in the B.C. Environmental Appeal Board case Worthington MacKenzie Inc. and Daniel Alexander White v. Director, Environmental Management (January 19, 2010). Ms. Akelaitis has also had significant experience working in foreign tort issues concerning environmental law matters.

  • Technical Expert and Principal, Legacy Environmental Ltd., North Vancouver, BC

    Jason Wilkins has more than 23 years of environmental consulting experience focused on contaminated sites investigation and remediation. His expert knowledge is demonstrated by his Contaminated Sites Approved Professional (CSAP) designation under the Environmental Management Act and Contaminated Sites Regulation. He routinely provides senior technical and regulatory reviews of investigation and remediation projects and provides strategic advice to clients and their representatives in relation to successfully and expeditiously navigating the federal, provincial and municipal permitting and approvals processes. Through his CSAP designation, Jason is afforded the privilege of providing recommendations to the Ministry of Environment and Climate Change Strategy on both regulatory and technical applications for legal instruments under the Contaminated Sites Regulation, including contaminated sites determinations, approvals in principle for remediation, certificates of compliance and pre‐approvals and development permit releases. In addition, Jason also provides expert professional opinions for the Supreme Court of British Columbia.

Meet the Faculty

  • Partner, Blake, Cassels & Graydon LLP, Vancouver, BC

    Tony Crossman is a leading expert in Canadian environmental law with contaminated sites litigation and advisory experience. He has over 25 years of advising clients on identifying, managing and solving contamination issues, which includes work on sites in Canada, the US and Australia. He has worked on projects in the Canadian provinces and territories of British Columbia , Alberta, Ontario, Northwest Territories, Yukon and Nova Scotia.

  • President, PGL Environmental Consultants, Vancouver, BC

    Will became an environmental consultant in 1985, after studying at MIT and Stanford, and co-founded PGL in 1991 after cutting his chops working in Ontario and BC. As PGL President and a Professional Engineer in five Canadian jurisdictions, he spends half his time on company management and the other half on client work. Will’s role for clients is predominantly as technical/senior review on contaminated sites projects and occasional forays into environmental planning.

  • Principal, Senior Engineer, Active Earth Engineering Ltd., Burnaby, BC

    David is a registered Professional Engineer and graduate of the University of British Columbia, with a degree in Geological Engineering. He is a Principal Senior Engineer with Active Earth Engineering Ltd. David has nearly 20 years of experience in environmental assessment and multidisciplinary remediation projects, including the remediation of the Oakridge Transit Centre in Vancouver: a large-scale, logistically challenging excavation. David also successfully mediated a remediation agreement for a former dry cleaner near the Arbutus Corridor, which had impacted a number of surrounding residential properties. As a Contaminated Sites Approved Professional, David is able to facilitate obtaining Ministry of Environment legal instruments. David’s clients have included Developers, Private Investors, Financial Institutions, Federal and Provincial Governments, and First Nations.

  • Partner, McCarthy Tetrault LLP, Vancouver, BC

    Una Radoja is a partner in McCarthy Tétrault’s Litigation Group and is based in Vancouver. A leading lawyer in environmental law and commercial litigation, she has extensive experience in successfully representing diverse clients on complex litigation matters and providing comprehensive solutions that lead them to success. Clients turn to Una for her unique expertise and astute judgment, as well as for her guidance on their most difficult legal and business challenges. She approaches each matter with tenacity, creativity, and strategic insight and is a trusted advisor to organizations of all sizes, delivering strategic advice that enables them to resolve novel and routine challenges and attain their business goals. Exceptional at simplifying complex issues, Una is known for her business acumen and practical guidance that allows clients to protect their best interests, mitigate risks, and advance their projects and their business. She represents a wide array of clients, from small businesses to large, multi-national corporations and REITs.

  • Principal, Senior Environmental Engineer, Thurber Engineering Ltd.; President, CSAP Society, Vancouver, BC

    Andrew is an Environmental Engineer with over 20 years of consulting experience. He is a Principal with Thurber and the technical lead for their environmental operations in BC, and is the President of the Contaminated Sites Approved Professionals (CSAP) Society. Andrew provides expert advice to clients regarding the Contaminated Sites Regulation typically in the context of land redevelopment, permitting, capital construction, soil relocation, and liability assessment.

  • Vice President, Land Development, Beedie Group, Vancouver, BC

    Jason is Vice President, Land Development at Beedie, a leading developer of industrial and residential real estate. Jason is responsible for due diligence for land and investment acquisitions; project feasibility; land development coordination through government approval processes; and land asset servicing and earthworks construction management. Jason joined Beedie in the summer of 2012 after eleven years working as a consulting civil engineer at David Nairne + Associates Ltd. (DNA), a multi-disciplinary consulting firm of civil engineers; structural engineers; architects; and planners. As an associate, and senior project engineer, he was responsible for client/project development and managed projects for private sector; public sector; First Nations; and non-profit clients. Jason has extensive experience in site entitlements, municipal infrastructure design and project management, specializing in site redevelopment.


Registration Form

Program:

Contaminated Sites 2023

Date:

December 5, 2023

Location:

Live webinar - online only!

Registration:

The registration fee is $845.00 plus GST of $42.25 totalling $887.25 for webinar attendance. Registration fee covers your online attendance at the program and electronic materials.

Early Bird Discount:

Register by November 7th, 2023 and receive a $100 discount on the registration fee ($745.00 plus GST). Discounts cannot be combined.

Group Discount:

Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.

If you would like to register a group, please fill out this form and email it to registrations@pbli.com:

DOWNLOAD FORM

Payment:

You may pay by VISA, Master Card or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.

When and Where:

Online check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). Webinar instructions and access will be emailed prior to the program.

Materials:

The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.

Cancellations/Transfers:

Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (November 28, 2023). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.

To register by phone:

Telephone us: 604-730-2500

Your Privacy:

We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.

Course Accreditation:

Attendance at this course can be listed for up to 6 hours of continuing professional development credits with the Law Society of BC. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.


If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.