Webinar: Excess Soil - Navigating Ontario's Finalized Regulations

More Certainty for the Construction and Environmental Sectors in Ontario

UPDATE: Since the original publication of this article the Ministry of Environment, Conservation and Parks announced on June 12, 2020, that the implementation of requirements under the new Excess Soil Regulation (O. Reg. 406/19) will be delayed from July 1, 2020 to January 1, 2021.

While the implementation of the regulation is being delayed, other implementation dates in the excess soil regulations have not changed. For details on these changes, please read the MECP’s bulletin here. Our team will continue to monitor the status of these regulations and provide updates as soon as the information becomes available.

Sign up to our Excess Soil mailing list to get timely updates.

On December 4, 2019, The Honorable Jeff Yurek, Minister of the Environment, Conservation and Parks announced that the excess soil regulations have been finalized under the Environmental Protection Act and will be phased into effect.

Construction and environmental sectors have faced uncertainty about regulations on the management of excess soil and the redevelopment of brownfield sites. Now, in Ontario, some of that uncertainty has been lifted with the finalized On-Site and Excess Soil Management Regulation.

These regulatory changes will provide clarity making it safer and easier for more excess soil to be beneficially reused locally and will reduce barriers to revitalize historically contaminated lands. The revisions are intended to balance the need to protect the public from risks posed by contaminants in soil and groundwater, while making it easier to put brownfields to good use.

How does this impact you, and when?

  • Effective immediately, Brownfields Redevelopment will have reduced requirements associated with filing a Record of Site Condition (RSC), including contaminant delineation, for properties going through the Risk Assessment process. There are also changes to requirements for an RSC for some low risk development situations.
  • UPDATE: Effective January 1, 2021, the new Excess Soil Regulation will come into force, specifying the requirements for the Reuse of Soil and management of excess soil, including standards for safe reuse, movement, and disposal.
  • As of January 1, 2022, Excess Soil Planning Actions. Leaders of some projects generating or receiving excess soil will be required to characterize the soil and determine concentrations of contaminants and identify appropriate re-use sites.
  • As of January 1, 2025, Landfilling of Excess Soil. Deposit of clean soil at landfill sites will be restricted, unless the soil is needed for solid waste cover or other uses beneficial to the landfill.

Regulatory knowledge brings about better remediation…

At Golder our remediation experts identify and quantify your site’s environmental composition and develop the associated soil management plans and tracking systems to minimize costs and risk while improving environmental conditions. We understand this new regulatory environment, how it can affect the feasibility of your project and the associated environmental risks.

With over 800 staff in 14 offices across Ontario available to support the environmental, geotechnical, land development, and construction aspects of your project, you can depend on us to assist you with your project’s planning, tendering and construction phases.

Questions on how the finalized regulation may affect your project? Please contact us.

Click here for more information on the On-Site Excess Soil Management Regulations.

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