Update: Excess Soil Guidelines – O.Reg. 406/19

Mar 28, 2022

As of early March 2022, the Ministry of the Environment, Conservation and Parks (MECP) is proposing to temporarily delay the implementation of the latest excess soil requirements under O.Reg. 406/19: On-Site and Excess Soil Regulation (“Excess Soil Regulation”) that came into effect on January 1, 2022, until January 1, 2023.

They are encouraging feedback from the public on the proposed amendments until April 10, 2022. This can be done here: https://ero.ontario.ca/notice/019-5203.

In the meantime, no immediate change takes place and the January 1, 2022 enforcement (i.e., reporting, tracking, registry requirements) still applies. If the proposed delay is implemented, the regulatory framework as it was in effect before January 1, 2022, will apply to ensure the protection of health and the environment. This includes the criteria defining excess soil as a resource for reuse, and not designated waste, if they are met. This also includes the related excess soil reuse standards and rules, and exemptions from the need for waste-related approvals in various circumstances.

Please keep an eye out for more information after the comment period comes to an end on April 10, 2022.

If you’d like to discuss how these timings may affect your ongoing or upcoming projects/budgets, contact us to connect with one of our professional advisors.