Ontario’s building industry will have to wait a bit longer for the province’s new excess soil rules to take effect. Ontario’s new On-Site and Excess Soil Management Regulation (O. Reg. 406/19) and amendments to the Records of Site Condition Regulation — Part XV.1 of the Act (O. Reg. 153/04) were slated to take effect July 1, 2020. That date has been pushed back to January 1, 2021.
The regulatory package establishes risk-based standards for the safe reuse of excess soil, clarifies when the waste designation applies to the movement and disposal of excess soil, and simplifies waste-related approvals for low-risk soil management activities.
The regulatory package has been more than seven years in the making, and is intended to encourage the safe use of excess soil, too much of which is now landfilled because of a confusion of standards.
Until January 1, 2021, the current waste regulatory framework will continue to apply. The delay does afford industry and government more time to continue consultation on implementation, however. The regulatory package was released on December 4, 2019, and there was concern at that time that July 1, 2020 might not allow enough time for industry to get up to speed.
The Ministry of the Environment, Conservation and Parks says it will use the extra time to work with municipalities and other stakeholders to understand and implement the regulatory changes.