Nova Scotia Law Reform Commission Report on Contaminated Sites

The Law Reform Commission of Nova Scotia recently released its report on Contaminated Sites in Nova Scotia:

"Fears of uncertain liability discourage landowners and developers from cleaning up contaminated sites. The lack of contaminated site clean-up means a risk of significant adverse consequences to human health and quality of life, as well as to environmental well-being. This also has economic costs, as potentially useful land lies underused or not used at all. In January 2008, the Attorney General of Nova Scotia requested that the Law Reform Commission examine a number of issues pertaining to contaminated sites in Nova Scotia."

The report presents numerous recommendations relating to who should and should not bear regulatory liability for contaminated sites, how to determine the relative liability of responsible parties, and how to report on and maintain proper records of contamination and remedial actions taken.

The report also examines the legislative and regulatory picture in other Canadian jurisdictions.