Regulation - LGIC

Excess Soil Management Regulatory Proposal

Regulation Number(s):
Ontario Regulation 153/04
Ontario Regulation 351/12
R.R.O. 1990, Reg. 347
Ontario Regulation 406/19
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act, R.S.O. 1990
Summary of Decision:
We are implementing regulatory changes related to the management of excess construction soil and redevelopment of brownfield sites. These changes will reduce soil management costs and promote brownfields redevelopment, while protecting human health and the environment.
Analysis of Regulatory Impact:
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.

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.
Further Information:
Proposal Number:
Posting Date:
May 1, 2019
Summary of Proposal:
The proposal is related to sustainable excess soil management and reuse. The proposal aims to protect human health and the environment. It also aims to increase opportunities for the beneficial reuse of excess soil and reduce greenhouse gas emissions associated with its movement.

Excess soil is soil that that has been dug up, such as during construction activities, that cannot be reused on site and must be moved to another site. This proposal would make it clear where excess soil may be reused.
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