Regulation - LGIC

Implementation Pause of Excess Soil Requirements in Effect January 1, 2022

Regulation Number(s):
O. Reg 406/19: Onsite and Excess Soil Management
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act, R.S.O. 1990
Summary of Decision:
Ontario is implementing a temporary suspension of certain provisions in the Excess Soil Regulation that came into effect January 1, 2022, until January 1, 2023. The pause will provide more time to understand the provisions and refine their implementation.
Analysis of Regulatory Impact:
Pausing the implementation of provisions that came into effect January 1, 2022, including the excess soil reuse planning requirements such as mandatory sampling in some circumstances, would:

provide time for more understanding and consistent implementation of the Excess Soil Regulation, and coordination across organizations
provide an opportunity to make some adjustments, if necessary, to improve the effectiveness and overall efficiency of the Excess Soil Regulation, and to focus application of the reuse planning requirements to circumstances where they are most beneficial

The basic provisions of the Excess Soil Regulation, specifically with respect to determining when excess soil is designated as a waste or not, would remain in effect. This includes the excess soil reuse standards. This aspect of the Excess Soil Regulation would continue to help to provide for compliance and enforcement during the period up to January 1, 2023, when the requirements would once again come into effect.

With this proposal being a time-limited pause of the planning and registration requirements, it is expected that parties affected by the Excess Soil Regulation would continue to work towards the implementation of these provisions, including working with qualified persons and reuse sites to determine appropriate levels of soil assessments to inform the appropriate reuse of excess soil.
Further Information:
Proposal Number:
Posting Date:
March 15, 2022
Summary of Proposal:
We know that organizations have worked hard to implement the Excess Soil Regulation. However, this process is an ongoing effort and additional time will help organizations to:

- better understand the requirements
implement appropriate soil management processes, and
- further coordinate with other parties involved in these processes to ensure a common understanding of responsibilities and related best practices

We are proposing amendments to the Excess Soil Regulation that would pause the implementation of provisions that came into effect on January 1, 2022 until January 1, 2023. January 1, 2023 would become the new date that these provisions would once again come into effect. More specifically, this pause would apply to:

- Sections 8 to 16 of the Excess Soil Regulation which are related to excess soil reuse planning and includes provisions associated with:
the excess soil registry and filing a notice in the registry
completion of an assessment of past uses
completion of a sampling and analysis plan and soil characterization report (if it was necessary)
completion of an excess soil destination assessment report
implementation of a tracking system related to the movement of excess soil
- Section 18, related to hauling records (this section would revert to requirements in place before 2022 to make hauling information available verbally on request)
- Section 19, related to large reuse site registration and requirements for procedures to assess the quality of the soil being received and ensure proper placement of soil
- Paragraph 6 of subsection 7(1), related to the registration requirements for residential development soil depots

This implementation pause would not affect provisions in the Excess Soil Regulation that were in effect as of January 1, 2021. This includes:

- the criteria defining excess soil as a resource for reuse, and not designated waste, if they are met
- the related excess soil reuse standards and rules, and exemptions from the need for waste-related approvals in various circumstances

During the pause period that is proposed, the ministry would have an opportunity to consult on refinements to the provisions of the Excess Soil Regulation that are proposed to be paused, if necessary, to ensure they are clear, effective, practical, and focussed to circumstances most necessary to support sustainable soil management across the province.
Contact Address:
Land Use Policy, Environmental Policy Branch
40 St. Clair Ave West
10th floor
Toronto, ON
M4V 1M2
Effective Date:
April 20, 2022