Updates on O. Reg. 406/19

The Government of Ontario is currently consulting on its proposal to temporarily pause the implementation of requirements under the Excess Soil Regulation that came into effect on January 1, 2022 until January 1, 2023View the proposal. Deadline for feedback is April 10, 2022.

Provisions that came into effect January 1, 2022 and are proposed to be paused include registration and notice filing requirements that regulated persons must complete in the Excess Soil Registry. The Registry is the online system built and maintained by RPRA that enables regulated persons to comply with their registration and filing obligations outlined in the regulation.

The delay would apply to:

  • Sections 8 to 16 of the Excess Soil Regulation which are related to excess soil reuse planning and includes provisions associated with:
    • the excess soil registry and filing a notice in the registry
    • completion of an assessment of past uses
    • completion of a sampling and analysis plan and soil characterization report (if it was necessary)
    • completion of an excess soil destination assessment report
    •  implementation of a tracking system related to the movement of excess soil
  • Section 18, related to hauling records (this section would revert to requirements in place before 2022 to make hauling information available verbally on request)
  • Section 19, related to large reuse site (including pits and quarries) registration and requirements for procedures to assess the quality of the soil being received and ensure proper placement of soil
  • Paragraph 6 of subsection 7(1), related to the registration requirements for residential development soil depots

The government is seeking feedback on its proposal until April 10, 2022. To provide feedback, visit the Environmental Registry of Ontario. If you have questions about the Excess Soil Regulation or the proposal, contact the ministry at MECP.LandPolicy@ontario.ca.

How does this impact Excess Soil Registry users?

Throughout the consultation period, the Registry will remain open for users to continue to meet their registration and filing obligations. Once the consultation concludes, RPRA will provide further information and update Registry users accordingly.

If you have questions about using the Registry, take a look at our training materials webpage or contact the Registry Support Team at registry@rpra.ca.

How does this impact proposed MDMNRF changes?

As you aware, Ministry of Northern Development, Mines and Natural Resources recently completed consultation on their proposed regulatory changes for the beneficial reuse of excess soil at pits and quarries (ERO 019-4801). A decision has not been made yet but we are expecting one shortly. As the regulatory proposal applies to provisions in the Excess Soil Regulation that were in effect as of January 1, 2021 (the criteria defining excess soil as a resource for reuse and the related excess soil reuse standards and rules) we don’t anticipate that this pause will significantly impact the proposed regulation.  

Published by QPCO Administrator

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