In response to impacts from COVID-19, the Ontario government is delaying implementation of requirements under the new Excess Soil Regulation from July 1, 2020 to January 1, 2021. It is also exempting municipalities and health care providers from filing a Record of Site Condition to develop a temporary health or residential facility for emergency situations.

While environmental protection remains a priority, the Ontario government recognizes that in some cases temporary relief from government regulations may be needed to maintain operations due to staff shortages or to support physical distancing, and to support quick response to emergencies.

In December 2019, the Lieutenant General in Council made the new On-Site and Excess Soil Management Regulation, O. Reg. 406/19 (excess soil regulation) under the Environmental Protection Act (EPA).

The excess soil regulation clarifies rules related to the reuse and management of excess soil, including:
• standards for appropriate reuse of excess soil
• when excess soil is designated as a waste
• when waste-related approvals are required for soil management under Part V of the EPA

In the meantime, the current waste regulatory framework will continue to apply, and the government will take action with any non-compliance or to address any concerns. as it applies to the management and disposal of excess soil. Officials will also continue to work with municipalities and other stakeholders to understand and implement the regulatory changes and to encourage early adoption of changes as appropriate.

Consequential amendments that were made at the same time as the excess soil regulation, including Regulation 347 (General Waste Management) and O. Reg. 351/12 (Waste Management Systems EASR Regulation), are also delayed and will come into effect on January 1, 2021. Other implementation dates in the excess soil regulation have not changed.

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For further information on these regulations, click here.

Featured image by Troy Mortier @troyscanon.


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