Regulation - LGIC

Excess Soil Management Regulatory Proposal

Regulation Number(s):
Ontario Regulation 153/04
Ontario Regulation 351/12
Ontario Regulation 406/19
R.R.O. 1990, Reg. 347
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act, R.S.O. 1990
Summary of Decision:
We have completed our public consultation on the plain language regulatory proposal relating to excess soil management.
Analysis of Regulatory Impact:
A reduction in burden on developers is anticipated by replacing waste-related approvals with regulatory rules for low-risk soil management activities, such as soil hauling, low-risk processing, and temporary storage. A new online registry for larger and riskier movements will provide transparency and accountability for those responsible for managing excess soil, such as generators, haulers and receivers, which will assist in addressing concerns about illegal relocation of soil. Larger reuse sites will also be required to register. Finally, a reduced loss of landfill capacity is anticipated by redirecting the deposit of soils away from landfills and towards beneficial reuses.

To better align with the On-Site and Excess Soil Regulation, complementary and clarification amendments have been made to O. Reg. 153/04, Regulation 347, and O. Reg. 351/12, all of which are made under the EPA. These amendments address practical challenges and remove unnecessary barriers to redevelopment and revitalization of brownfields and clarify when Environmental Compliance Approvals are or are not needed for certain activities related to soil.

The anticipated outcomes of this regulatory framework include a reduction in construction costs by making it easier and safer to reuse excess construction soils. This will enhance housing supply while providing greater certainty of environmental protection through flexible, risk-based rules and soil reuse standards. It is also anticipated that this regulatory framework will reduce waste stigma by clarifying when excess soil would be not be considered a waste.
Further Information:
Proposal Number:
Posting Date:
April 26, 2017
Summary of Proposal:
MOECC is consulting on a new proposed excess soil reuse regulation, including proposed excess soil reuse and sampling standards, along with amendments to Ontario Regulation 153/04 (Records of Site Condition), Regulation 347 (Waste Management), and Ontario Regulation 332/12 (Building Code), and the document titled Rationale Document for Reuse of Excess Soil at Receiving Sites, all of which are intended to provide for more sustainable excess soil management.

Consistent with the Excess Soil Policy Framework, these proposals have the following goals:

1. Protect human health and the environment from inappropriate relocation of excess soil; and
2. Enhance opportunities for the beneficial reuse of excess soil and reduce greenhouse gas emissions associated with the movement of excess soil.

The purpose of this posting is to invite comments on the regulatory proposal and supporting Rationale Document for Reuse of Excess Soil At Receiving Sites (attached).

The feedback will help to inform a new proposed regulation under the Environmental Protection Act, including new excess soil reuse standards, and proposed amendments to the existing regulations referenced above. MOECC appreciates feedback received to date through the various workshops and meetings with stakeholders and Indigenous communities. We will continue to actively engage with our partners as we move forward.

In addition, several other actions have been completed or are underway, some of which are intended to be finalized in 2017, to support delivery of the framework and this regulatory proposal. For example, the province intends to undertake pilot projects to support excess soil reuse in 2017 and in the longer term. MOECC will continue to actively meet with the Excess Soil Engagement Group and its three sub working groups in 2017 and beyond, to support delivery of various framework actions. Work is also underway to assess various market based tools and programs to encourage the reuse of excess soil and to support framework implementation. Some guidance materials such as the MOECC Management of Excess Soil - A Guide For Best Management Practices have also been prepared and, going forward, others will be prepared to support framework delivery.
Contact Address:
Sanjay Coelho

Ministry of the Environment, Conservation and Parks
Environmental Policy Branch
10th Flr, 40 St Clair Ave W
Toronto, ON M4V 1M2
Effective Date:
December 4, 2019