Municipality of Chatham-Kent Implements Excavation Bylaw

Excavation in Potential Gas Emission Areas By-law

With input from several divisions of the Municipality, administration has drafted a new Excavation in Potential Gas Emission Areas By-law. The overall terms of the by-law provide that:

  • No regulation of excavations that are 6 metres deep or less. This allows for most normal excavations, including construction of basements. It should be noted, however, that it is recommended that any newly constructed basements in the Wheatley area should strongly consider implementation of some gas monitoring equipment.
  • Regulation of any excavations that are deeper than 6 metres (called “Deep Excavations” under the by-law). The full by-law should be referred to understand exactly what is proposed, but from a high level the regulation of these,

Deep Excavations involves:

  • Applying for a permit to the Chief Building Official for the Deep Excavation.
  • Submission of an application and excavation plan which will address:

-Details of the planned excavation, schedule, and site.

-Financial security to ensure work under the permit is performed.

- Insurance.

- Proof of necessary approvals from other agencies.

-Gas monitoring plans.

- A safety plan to be implemented if a gas release occurs; and

-24/7 contact information.

  • The ability of the CBO to apply conditions to the permit to protect the environment, people, and property.
  • A process for revocation or closing of the permit, including steps required to address any excavation that has already occurred.
  • Obligations on the excavator if a gas release occurs; and o Enforcement powers. Due to the unique nature of this by-law, and the importance of getting feedback on how the implementation of this by-law would impact the community, businesses and other stakeholders, administration recommends that a public consultation process be initiated.

Corporate Communication will develop and release a consultation process. Following that process, a further report will be brought to Council with a summary of feedback received, any recommended changes to the Draft By-law, and recommendations on next steps.


For more information visit: Wheatley Emergency Update (escribemeetings.com)