Video: Navigating Ontario’s Excess Soils Regulation brought to you by ACEC-Ontario Niagara Chapter

September 21, 2021

After a long period of operating largely under a “guideline-directed” approach, Ontario Regulation 406/19 officially placed specific legal requirements on excess soil management in Ontario. The regulation mainly applies to projects where soils are moved from one site to another and it prescribes the content of excess soil management plan (ESMP) documents and governs the transport and beneficial re-use of excess soils. Since its initial adoption in 2019, O.Reg. 406/19 has already been amended, and the various exemption criteria, phased roll-out of certain sections, and its relationship to existing environmental legislation (e.g. O.Reg. 153/04) can make it difficult to navigate. This presentation seeks to provide a review of O.Reg. 406/19, its implications for planning, design, and construction of projects, as well as some practical input we’ve received from municipalities, the MECP, and contractors so far.

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