Ontario and Québec Governments to Regulate Movement of Soil

Large quantities of soil excavated in Canadian construction projects are relocated to other sites. Until now, the practice has been sporadically regulated by provincial governments. In 2019, both the Ontario and Québec governments are proceeding with new regulatory schemes that, for the first time, will impose legal requirements on the movement and disposition of excavated soil. 

Ontario

The Ford Government in Ontario has decided to proceed with a new regulatory regime for excess soil first proposed by the former Wynne Government. The new proposal is similar with a few key differences, notably a ban on depositing clean soil in a landfill starting in 2023. The proposal was posted for public comment on the Environmental Registry until June 17, 2019, and the Ministry of the Environment, Conservation and Parks is currently reviewing one hundred and twenty submissions. As some parts of the new On-Site and Excess Soil Management Regulation are proposed to come into effect on January 1, 2020, we anticipate that the new Regulation will be finalized before the end of this year.

“Excess soil,” defined as soil excavated as part of a project and removed from the project area, will be designated as a “waste” under the Environmental Protection Act, unless it is directly transported to a “reuse site,” a “soil bank storage site,” a “temporary soil storage site” or a “soil processing site.” If excess soil is deposited at a reuse site, there must be a beneficial purpose for the filling. If the reuse site is not governed by a permit issued by a municipality or conservation authority, soil quality must meet either new generic standards or site specific standards developed using a new online tool. The new generic standards are generally more stringent than the existing site condition standards for contaminated properties.  If the reuse site is governed by a permit, soil quality has to meet those standards or less stringent quality standards imposed by the issuer. Municipalities and conservation authorities cannot impose more stringent quality standards.