Dirt and Due Diligence: Evolving rules on excess soils

By Matthew Gardner

Every year, Canadian provinces generate millions of cubic metres of excess soil – in Ontario alone, an estimated 25 million cubic metres of excess soil is generated annually. Reuse of excess soil has the potential to improve a development’s sustainable footprint if properly reclaimed. However, when laws are not followed, excess soil may contaminate receiving sites or properties at which excess soil is unlawfully dumped.

Recently, the British Columbia, Quebec, and Ontario governments have introduced specific new laws about removal, transport, processing, storage, disposal, and/or reuse of excess soil. These new laws are aimed at preventing unlawful dumping of excess soil and facilitating beneficial reuse of excess soil, as a resource, where possible. These laws also provide more clarity and direction for the regulated community, including the construction and waste management industries, consultants, contractors, municipalities, landowners, and developers alike.

The intention of these updates is to promote compliance and optimization of soil reuse. In order to stay in compliance and out of court, project managers should be aware of how exactly these new excess soil laws change the landscape for construction and cleanup projects across the country.

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