April 29, 2022
Ontario suspends soil regulation reforms

Ontario formally suspends the reporting and record keeping requirements of its On-Site and Excess Soil Regulation until Jan. 1, 2023

- Excerpt from Rob Kennaley's Construction Law Blog -

On April 21, 2022, the Ministry of the Environment, Conservation and Parks (MECP) announced its decision to suspend the compliance requirements of the On-Site and Excess Soil Regulation, O. Reg. 406/19 that came into effect on Jan. 1, 2022, until Jan. 1, 2023. The suspension had been in the works for some time, and is not a surprise. To recall, the first phase of the Regulation came into force on Jan. 1, 2021. Intended to ensure that excavated soils are treated as a resource to be beneficially re-used wherever possible, the regulatory requirements are detailed, complicated and very different from what has come before. Subject to certain exceptions, the Regulation applies to all “projects” (broadly defined) and places strict responsibilities on “project leaders," generators, haulers and receivers of surplus, or “excess”, soils in Ontario. 

The possible exemptions to the Regulation are numerous and often technically complicated. Significantly, the new regime also requires a substantial amount of materials testing, and enhances the role of “qualified persons” in the assessment, processing and placement of excess soils. These requirements impose an unavoidable premium on pre-planning if projects involving soils removal are to come in on time and on budget. 

For a detailed review/practical guide in relation to the Regulation, see prior articles below: