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Excess Soil Regulation

November 19, 2020

Proposed Regulatory Amendments: Extending Grandfathering for Infrastructure Projects and Providing Additional Flexibility for Excess Soil Reuse 

 

The Ministry of the Environment, Conservation and Parks (MECP) is seeking your input on proposed amendments to the On-Site and Excess Soil Management Regulation (O. Reg. 406/19) and the Record of Site Condition Regulation (O. Reg. 153/04), made under the Environmental Protection Act.   

As committed to in the Made-in-Ontario Environment Plan, we are making it safer and easier for industry to reuse more excess soil locally. O. Reg. 406/19 was made in December 2019.  In response to challenges to industry and municipalities that arose from the COVID-19 pandemic, the first phase of implementation of the O. Reg. 406/19 was extended by six months from July 1, 2020 to January 1, 2021. 

Proposed amendments are being brought forward at this time to further respond to COVID-19-related delays to infrastructure projects. We are proposing changes that would ensure delayed infrastructure projects can proceed as planned and would provide additional clarity and flexibility to support appropriate beneficial reuse of excess soil.  Some of the key proposed changes include: 

  • ·extending the date applicable to the grandfathering provisions by which construction projects must be entered into by one year - from January 1, 2021 to January 1, 2022; this would ensure projects close to commencing construction but delayed due to COVID-19 can proceed as quickly as possible;

  • ·clarifying the scope of grandfathering provisions to include geotechnical studies completed by January 1, 2022, to ensure these studies do not have to be repeated; 

  • ·replacing waste-related Environmental Compliance Approvals with standard rules for operations processing excess soil for resale as a garden product and operations managing clean soils for residential development projects; and 

  • ·providing added flexibility to soil management rules such as those for soil storage and reuse of soil impacted by salt. 


The proposed changes would reduce construction costs associated with managing and transporting excess soil, limiting the amount of soil being sent to landfill and lowering greenhouse gas emissions from the sector, while continuing to ensure strong protection of human health and the environment. 

MECP will continue to work collaboratively with stakeholders and Indigenous communities on the proposed amendments and to ensure effective implementation of O. Reg. 406/19 and O. Reg. 153/04.

To review the plain-language document which provides a complete description of the proposed changes and rationale, please visit https://ero.ontario.ca/notice/019-2462 

For additional information on the current regulations and associated materials, including educational materials to support regulatory implementation, please also see MECP’s Excess Soil and Brownfields web-pages. 

Please pass this along to colleagues, members of your organization, and other organizations that may be interested.   

If you have any questions or would like to discuss this proposal, please contact Laura Blease, Senior Policy Advisor, Environmental Policy Branch at laura.blease@ontario.ca. 

 

Original Signed by: 

Robyn Kurtes 
Director, Environmental Policy Branch