Sections 16-18

To provide feedback or ask a question regarding the Guide, email remediation@cer-rec.gc.ca.
Direct other inquiries to:

Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10).

Canadian Energy Regulator Onshore Pipeline Regulations (SOR/99-294).

Canadian Energy Regulator Processing Plant Regulations (SOR/2003-39).

Canada Oil and Gas Operations Act (R.S.C., 1985, c. O-7).

Canada Oil and Gas Drilling and Production Regulations (SOR/2009-315).

CCME. 2020. Ecological Risk Assessment Guidance Document. PN 1585.

CCME. 2016. Guidance Manual for Environmental Site Characterization in Support of Environmental and Human Health Risk Assessment (volumes 1 through 4). Canadian Council of the Ministers of the Environment, Winnipeg. PN 1551, 1553, 1555 and 1557.

CCME. 2008. National Classification System for Contaminated Sites: Guidance Document. Canadian Council of Ministers of the Environment, Winnipeg. PN 1403.

CSA (R2016) Phase I Environmental Site Assessment (Z768-01). Toronto. Canada: Canadian Standards Association.

CSA (2013) Phase II Environmental Site Assessment (Z769-00). Toronto. Canada: Canadian Standards Association.

CSA Z662:19 (2019). Oil and Gas Pipeline Systems. Toronto. Canada: Canadian Standards Association.

DFO (Fisheries and Oceans). 2011 Framework for Addressing and Managing the Aquatic Contaminated Sites under the Federal Contaminated Sites Action Plan (FCSAP).

Environmental Management Act, SBC 2003, c. 53, retrieved on 20 April 2020.

Health Canada (2010) Federal Contaminated Site Risk Assessment in Canada, Part I –IV. (https://www.canada.ca/en/health-canada/services/environmental-workplace-health/contaminated-sites/guidance-documents.html). Retrieved 6 August 2020.

Oil and Gas Operations Act (S.N.W.T. 2014, c. 14).

Oil and Gas Drilling and Production Regulations (R-027-2014).

Appendix A Remediation Process for Contamination

Figure A.1: Remediation Process flowchart for Contamination identified on the right-of-way

Figure A.2: Remediation Process flowchart for Contamination identified on Company Owned or Leased Lands

Notes for Figure A.1 and Figure A.2:

1. At any time throughout this process, the CER Environmental Analyst may issue an information request (IR) or recommend to the CER compliance program manager that a compliance verification activity be carried out. A compliance verification activity could include a field inspection or compliance meeting and lead to enforcement actions, when required.
2. As described in sections 11.3 and 12.2, the RAP and/or RMP will be reviewed and upon a satisfactory assessment, accepted by the CER Environmental Analyst. The CER Environmental Analyst may require further information, plan revisions or require certain conditions be met prior to RAP or RMP acceptance.
3. As described in section 14.3, the Closure Report will be reviewed by the CER Environmental Analyst. Upon a determination that the Closure Report is satisfactory to the CER Environmental Analyst, a recommendation will be made to the CER Director of Environmental Protection to issue a Remediation Closure Letter for the site. The CER Director of Environmental Protection will make the final decision to issue the Remediation Closure Letter.

Figure A.3: A summary of the steps involved in transitioning a Release that is reported as an Incident to Remediation of a site with Contamination under the CER Remediation Process

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Appendix B Concordance Tables

Concordance tables will be required for Appendix F, Appendix G and Appendix H.

Table 18.1: Remediation Criteria and Result Template

Table 18.1: Remediation Criteria and Result Template

Contaminant of Concern	Land Use	Applicable Federal guideline (mg/kg)	Applicable Provincial Guideline 3 (mg/kg)	Soil Remediation Criteria Selected (mg/kg)
Benzene	Agricultural, as described in sections XX of the submitted report	0.0068Table Note a	0.046Table Note  b	0.0068
Fraction 2	Agricultural, as described in sections XX of the submitted report	150Table Note c	150	150
References for Guidelines Considered

Table 18.1 provides an example of the information for companies to include in the Concordance Table. The Concordance Table should include only a high level description with references to the location in the reports that provide details. This example includes only Remediation Criteria for soil; the Concordance Table should include tables with Remediation Criteria for Contaminants of Concern in all relevant media (e.g., groundwater, sediment). The Concordance Table in the RAP should be updated as required for inclusion in the Closure Report. An example of content to include in the Closure Report is below:

Supporting Information for Remedial Endpoint Selection

Soil Texture: FINE, as demonstrated with textural analysis in section XX of the report, and borehole logs in Appendix X of the submitted report.

Table 18.2: Company Commitments Related To Site Remediation

Table 18.2: Company Commitments Related To Site Remediation

Issue	Objective	Results	Notes
Creek restoration including installation of erosion matting	Creek restored to condition equivalent to condition prior to remedial activities. Landowner is satisfied with restoration activities.	Creek restored and landowner satisfied with condition of restored creek.

Table 18.2 provides a summary of commitments related to Remediation of the site with Contamination, if relevant.

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Appendix C Assessment Guide for RAP Requirement

After companies submit a NOC in OERS, and CCME classification worksheets for Contamination encountered on the RoW, the next step required most often is the development and submission of a RAP. Companies are expected to develop and implement a RAP. Read more about the requirements for the Next Steps after Reporting Contamination in section 6.2.

A RAP may not be required if justification is provided indicating that Contamination can be remediated to generic criteria, and Contamination presents little Risk to Receptors. In this case, after submitting the NOC, CCME site classification worksheets, and subsequent completion of Remediation, the next step is submitting a Closure Report to the CER. Justification for not completing a RAP should be included in the annual update. If a RAP is not developed and submitted to the CER for acceptance, we do not provide any assurance that the remedial activities or selected Remediation Criteria described in the Closure Report will be accepted.

The questions in Table 18.3 provide examples of the type of information the Environmental Analyst considers in determining whether a RAP is required, or whether it is appropriate to proceed directly to Remediation, followed by submitting a Closure Report. Table 18.3 also provides examples of the type of information that should be included in the justification for why a RAP may not be required. The Environmental Analyst will exercise professional judgement in deciding whether a RAP is required, based upon information submitted in the NOC, CCME worksheets, annual updates and any additional relevant information requested by the CER. Responding in the affirmative to the questions in the table below indicates a RAP may be required.

Read more about RAP Requirements in section 11.1.

Table 18.3: Worksheet That Indicates a RAP May be Required

Appendix C Assessment Guide for RAP Requirement [PDF 87 KB]

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Appendix D Risk Assessment

Assessment of hazards and Risks are part of the Remedial Action Plan, Risk Management Plan, and Closure Report development process. A human health and/or ecological Risk Assessment may also be carried out at certain sites. Table 18.4 provides a brief summary of the information that should be included in an ecological and human health Risk assessment. Many items in the Problem Formulation portion of the table are key elements of a well-developed conceptual site model, which is necessary in developing a RAP or RMP, or in demonstrating that Remediation is complete in a Closure Report.

CCME and Health Canada approaches to risk assessment are recommended; however, provincial approaches may be acceptable.

Read more about Risk Management in section 12.

Read about the Limited Exception to Application of Generic Remediation Criteria in section 11.5.

Table 18.4: Summary of Risk Assessment Worksheet

Appendix D Risk Assessment [PDF 78 KB]

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Appendix E Contamination Scenarios and Required Actions

The table below provides examples of Contamination scenarios that companies may encounter, along with the required actions. Refer to the Guide and all applicable laws for complete details and requirements on the required actions.

If there are questions or concerns on any steps within the Remediation Process, contact remediation@CER-one.gc.ca for assistance with scenarios specific to the contaminated site.

Read about Reporting Contamination to the CER in section 6.

Table 18.5: Contamination on the RoW

Table 18.5: Contamination on the RoW

CER-Regulated Energy Infrastructure Contamination Scenarios and Expected Actions
New Releases, Non-Reportable Incidents
Scenario	Required Actions
Scenario 1 A contaminant Release occurs (liquid or solid) that meets all of the following criteria: does not meet the definition of an Incident pursuant to the CER Event Reporting Guidelines Contamination is contained to the RoW with low Risk of off-site migration minimal potential for an Adverse Effect on the environment Contamination is fully remediated to meet generic Remediation criteria, which are appropriate based on available site data, within 12 weeks of the date that the Release occurred	Scenario 1 Follow appropriate company processes/procedures to immediately manage Release. Manage resulting waste. Demonstrate success of Remediation (evidence/documentation commensurate with characteristics of Release and receiving environment). Maintain record of Release and remedial actions and provide record to the CER upon request.   Note: If a Release occurs that is not reportable as an Incident, but either of the two conditions below apply, a NOC must be submitted to the CER and the Remediation Process followed (as for Scenario 4): a. Remediation takes longer than 12 weeks b. the Contamination will not be fully remediated
Scenario 2 A contaminant Release occurs (liquid or solid) that meets all of the following criteria: meets the definition of an Incident pursuant to the CER Event Reporting Guidelines Contamination is contained to the RoW with low Risk of off-site migration Contamination is contained such that Remediation can be completed within 12 weeks or by the date on which the Detailed Incident Report (DIR) or comparable report is submitted Remediation to generic or slightly modified criteria (as justified by site data) is appropriate and achievable	Scenario 2 Immediately report the Release as an Incident to the CER according to the CER Event Reporting Guidelines. Manage the emergency situation (if applicable), recover / clean-up free product on visibly contaminated soil or surface water. Conduct remedial activities according to company procedures. Submit DIR, as required under the OPR, or comparable final Incident reporting under applicable regulations, as summarized in the CER Event Reporting Guidelines. Include details on remedial activities and demonstrate completion of adequate and appropriate Remediation.
Scenario 3 A Contaminant Release occurs (liquid or solid) that meets all of the following criteria: meets the definition of an Incident pursuant to the CER Event Reporting Guidelines is of large enough magnitude/scope that it cannot be fully remediated within 12 weeks, or by the date the DIR is submitted	Scenario 3 Immediately report the Release as an Incident to the CER according to the CER Event Reporting Guidelines. Manage the emergency situation (if applicable), recover / clean-up free product on visibly contaminated soil or surface water. Conduct remedial activities according to company procedures. Submit DIR, as required under the OPR, or comparable final Incident reporting under applicable regulations, as summarized in the CER Event Reporting Guidelines. In OERS, indicate that residual Contamination will require Remediation. Submit a NOC to the CER. Note that OERS will automatically create and send a link to a NOC should residual Contamination be identified in the DIR. Notify potentially affected persons and communities, if notification has not yet taken place. Proceed with ESA, RAP, RMP and/or remedial activities pursuant to this Guide to Work to achieve site closure. Submit annual update to CER until site closure is achieved. Submit Closure Report.
On-site Contamination Identified or Encountered (not a recent Release)
Scenario 4 Contamination is identified or encountered that is not the result of a recent, known, Release.	Scenario 4 Inform the CER of the discovery via submission of a NOC, and advise if Contamination. correlates with a previous Incident that was reported to the CER. Notify potentially affected persons and communities. Proceed with ESA, RAP, RMP and/or remedial activities pursuant to this Guide to work to achieve site closure. Submit annual update to CER until site closure is achieved. Submit Closure Report.

Table 18.6: Contamination on Company-Owned or Leased Lands

Potential scenarios and required actions for Contamination on company-owned or leased lands
New Releases, Non-Reportable Incidents
Scenario	Required Actions
Scenario 5 A contaminant Release occurs (liquid or solid) that meets all the following criteria: does not meet the definition of an Incident reportable pursuant to the CER Event Reporting Guidelines Contamination is contained within company owned or leased property with low Risk of off-site migration minimal potential for an Adverse Effect on the environment Contamination is fully remediated to meet generic Remediation criteria, which are appropriate based on available site data, within 12 weeks of the date that the Release occurred	Scenario 5 Follow appropriate company processes/procedures to immediately contain and mange Release. Manage resulting waste. Demonstrate success of Remediation (evidence/documentation commensurate with characteristics of Release and receiving environment). Maintain record of Release and remedial actions and provide record to the CER upon request.   Note: If a Release occurs that is not reportable as an Incident, but either of the two conditions below apply, a NOC must be submitted to the CER and the Remediation Process followed. Remediation takes longer than 12 weeks, or, The Contamination will not be fully remediated.
New Releases, Reportable Incidents
Scenario 6 A contaminant Release occurs (liquid or solid) that meets all of the following criteria: does meet the definition of an Incident pursuant to the CER Event Reporting Guidelines is contained such that Remediation can be completed within 12 weeks or by the date on which the Detailed Incident Report is submitted	Scenario 6 Immediately report the Release as an Incident to the CER according to the CER Event Reporting Guidelines. Manage the emergency situation (if applicable), recover / clean-up free product on visibly contaminated soil or surface water. Conduct remedial activities according to company procedures. Submit DIR, as required under the OPR, or comparable final Incident reporting under applicable regulations, as summarized in the CER Event Reporting Guidelines. Include details on remedial activities and the Remediation Criteria used to demonstrate Remediation adequacy.
Scenario 7 A contaminant Release occurs (liquid or solid) that: does meet the definition of a reportable Incident pursuant to the CER Event Reporting Guidelines is of large enough magnitude/scope that it cannot be fully remediated within 12 weeks or by the date the DIR is submitted	Scenario 7 Immediately report the Release as an Incident to the CER according to the Event Reporting Guidelines. Manage the emergency situation (if applicable), recover / clean-up free product on visibly contaminated soil or surface water. Conduct remedial activities according to company procedures. Submit Detailed Incident Report (DIR), as required under the OPR. In OERS, indicate that residual Contamination will require Remediation. Submit a NOC to the CER. Note that OERS will automatically create and send a link to a NOC should residual Contamination be identified in the DIR. If residual Contamination is located on Company Owned or Leased Lands that does not meet the 3 criteria listed in section 12.3, proceed with ESA, RAP, RMP and/or remedial activities pursuant to this Guide to achieve site closure. If residual Contamination is located on Company Owned or Leased Lands that meets the 3 criteria in section 12.3, manage Contamination, proceed to step 8. Submit annual update to CER until site closure is achieved
Scenario 8 Contamination is identified or encountered at a location that meets the following criteria: is not the result of an identifiable recent Release the Facility has an established groundwater monitoring program in place no free product is detected in groundwater monitoring wells Contamination does not present a hazard or Adverse Effect or potential hazard or adverse effect to human health or worker safety	Scenario 8 Inform the CER of the discovery of Contamination via submission of a NOC, and advise if Contamination correlates with a previous Reportable Incident. Submit the CCME Site Classification Worksheets upon request. Conduct remedial and Risk management activities according to company procedures. Important: A RAP/RMP is not required if the Contamination is fully contained to the company owned or leased lands, and there are no concerns from potentially affected persons. If the company wishes to receive confirmation that the remedial approach and selected Remediation Criteria are appropriate, the company may choose to submit a RAP/RMP for acceptance to the CER. We recommend consulting with the EA prior to submission of the Closure Report should there questions related to the satisfactory selection or development of Remediation Criteria. Upon completion of full Remediation, submit Closure Report. Submit annual update.

Table 18.7: Third Party Contamination

Potential scenarios and required actions for Contamination on All Lands
Third Party Contamination
Scenario	Required Actions
Scenario 9 Contamination is discovered on All Lands and investigation confirms that the Contamination is not attributable to the company’s Facilities	Scenario 9 Submit a NOC to the CER identifying that the Contamination being reported is Third Party Contamination. Upon request by the CER, provide documentation that proves the Contamination is Third Party Contamination. Notify the landowner (of All Lands) of the presence of Contamination, and extent if known. Notify responsible party(ies), if the parties are known. Report Contamination to other regulators as required by applicable laws. Dispose of and replace contaminated soil as required by applicable guidelines and laws. Implement mitigation measures to prevent the Work from increasing the migration potential of the Contamination. Implement mitigation measures to avoid the Work from creating further impacts related to the Contamination to Receptors.

Notes

1. Incidents reportable to the CER under applicable laws, and additional associated guidance, are summarized in the CER Event Reporting Guidelines.
2. Should off-site migration of Contamination occur within any of these situations, notify the CER and other government authorities as required by law (section 6.3).
3. In all scenarios, contaminated soils and/or liquids must be transported off-site and disposed of pursuant to applicable laws.
4. Although engagement steps are not included in the scenarios for Company-Owned or Leased lands, we expect engagement to be considered for all sites with Contamination (section 7).

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Appendix F Remedial Action Plan (RAP) Worksheet

Appendix F Remedial Action Plan (RAP) Worksheet [PDF 91 KB]

Read more about the requirements for the Remedial Action Plan in section 11.2.

Table 18.8: RAP Contents

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Appendix G Risk Management Plan (RMP) Worksheet

Read more about Risk Management Plan (RMP) Contents in section 12.1.

Table 18.9: Risk Management Plan Contents

Appendix G Risk Management Plan (RMP) Worksheet [PDF 72 KB]

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Appendix H Closure Report Worksheet

Read more about Site Closure in section 14.

Table 18.10 Closure Report

Appendix H Closure Report Worksheet Version 2.0 (June 2023) replaces Appendix H Closure Report Worksheet.Top of Page

Appendix I Declaration Letter

Appendix I Declaration Letter [PDF 58 KB]

This Declaration Letter must be signed by:

1. An accountable officer, if the facility owner is required to appoint such an accountable officer pursuant to section 6.2 of the Canadian Energy Regulator Onshore Pipeline Regulations (OPR); OR
2. Where there is no accountable officer required pursuant to the OPR, an officer or director of the company which owns the facility to which the closure letter relates

and must be submitted to the Canada Energy Regulator (CER) with the Closure Report.

I, name, the accountable officer of company name, declair:

This application for a Closure Letter for remediation event was prepared and completed under my direction. Based on my inquiries of the person or persons who managed the application components required to complete this application the information is, and the complete application is, to the best of my knowledge and belief, true, accurate and complete:

1. All remedial activities were conducted in accordance with the Remedial Action Plan and/or Risk Management Plan, if applicable, and the Closure Report. If Work was not conducted in accordance with these documents, detailed reasons for deviation were included in the Closure Report.
2. The contaminants specified in the Closure Report were remediated to the more stringent of federal
   or provincial generic Remediation Criteria for the appropriate land use or the established Site Specific Remediation Objectives as stated in the Remedial Action Plan and/or Risk Management Plan, if applicable, and the Closure Report.
3. Any commitment made by the company to the CER and to potentially affected persons regarding Remediation of Contamination, and additional mitigation, has been met. In the event the commitment was not met, a detailed statement was included in the Closure Report as to why this commitment could not be or was not met.
4. All potentially affected persons were notified of the Contamination and remedial activities and engaged on the plans for remediation and site closure in compliance with section 7 of the 2020 CER Remediation Process Guide. In the event this requirement was not met, a detailed statement was included in the Closure Report as to why this requirement could not be or was not met.
5. Any outstanding concerns identified by potentially affected persons or other regulators, and actions
   to address these concerns, or an explanation as to why no further action is required to address these concerns or comments, have been described in the Closure Report.

Name:	Position:
Signature : ________________________________________	Date :

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