April 1, 2022
The Ministry of the Environment, Conservation and Parks (MECP) is proposing to temporarily delay the implementation of its latest set of excess soil requirements.

The changes are listed under O. Reg. 406/19: On-Site and Excess Soil Regulation (“Excess Soil Regulation”) that came into effect on Jan. 1, 2022. MECP is proposing to delay the changes until Jan. 1, 2023.

“In 2019 we finalized a new Excess Soil Regulation, supported by risk-based soil reuse standards, to make it easier and safer for industry to reuse more excess soil locally,” Chris Lompart, director, environmental policy branch, MECP, said. “We have been phasing in the Excess Soil Regulation over a number of years. The majority of changes are already in place and the most recent phase of changes came into effect on Jan. 1, 2022. We have recently heard that developers and municipalities need more time to implement the provisions and to better understand their responsibilities.”

Lompart added, “MECP is committed to work with our stakeholders and setting clear rules to support the appropriate beneficial reuse of excess soils and to work with municipalities and other law enforcement agencies to help put a stop to the illegal dumping of excess soil. To help give developers and municipalities more time to gradually implement the provisions and better understand their responsibilities under the new regulation, we are proposing to delay the implementation of provisions that came into effect on Jan. 1, 2022 until Jan. 1, 2023. We welcome your feedback on the proposed amendments, which are available for public comment on the Environmental Registry of Ontario until April 10, 2022.”

The regulatory framework as it was in effect prior to Jan. 1, 2022, remains in place.

“This includes the criteria defining excess soil as a resource for reuse, and not designated waste, if they are met,” Lompart said. “This also includes the related excess soil reuse standards and rules, and exemptions from the need for waste-related approvals in various circumstances.”

Feedback on the regulations is open until April 10 at ero.ontario.ca/notice/019-5203.