Ontario Public Works Connects - Excess Soils, Ontario Regulation 406/19

The Ministry of Environment, Parks and Conservation estimates that 2.5 million truckloads of excess soil are moved in Ontario every year, and care must be taken when determining where it’s moving to. The new Excess Soils Regulation (Ontario Regulation 406/19) is aimed at stopping illegal dumping activities and encouraging the re-use of soils on the original site, and/or moving it to a site nearby. The Regulation also aims at ensuring property owners with excess soil, are testing soil for contamination and assessing it to determine if it can remain onsite. Several areas of the Regulation provide flexibility for soil movements undertaken as part of infrastructure projects. There is also a grandfathering clause for projects/earthmoving contracts already underway before January 2, 2022 with completion before January 1, 2026.