O. Reg. 388/22: ON-SITE AND EXCESS SOIL MANAGEMENT
filed April 20, 2022 under Environmental Protection Act, R.S.O. 1990, c. E.19
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made under the
Environmental Protection Act
Made: April 14, 2022
Filed: April 20, 2022
Published on e-Laws: April 20, 2022
Printed in The Ontario Gazette: May 7, 2022
Amending O. Reg. 406/19
(ON-SITE AND EXCESS SOIL MANAGEMENT)
1. (1) Subparagraphs 6 i and ii of subsection 7 (1) of Ontario Regulation 406/19 are revoked and the following substituted:
i. before the excess soil begins to be deposited at the residential development soil depot, if the depot commences operation on or after January 1, 2023, or
ii. if the depot was operating before January 1, 2023, on January 1, 2023.
(2) Paragraph 3 of subsection 7 (4) of the Regulation is amended by striking out “2022” and substituting “2023”.
(3) Paragraph 5 of subsection 7 (4) of the Regulation is amended by striking out “2022” and substituting “2023”.
2. Subsection 11 (3) of the Regulation is amended by striking out “2022” and substituting “2023”.
3. Subsection 12 (6) of the Regulation is amended by striking out “2022” and substituting “2023”.
4. (1) The Regulation is amended by adding the following section:
Temporary suspension of certain requirements
28.1 (1) During the period that begins on the day this section comes into force and ends on December 31, 2022, a person is not required to comply with the following requirements under this Regulation:
1. The requirements under subsections 7 (7) and (8) for the operator of a residential development soil depot to update a notice filed in the Registry.
2. The requirement under subsection 8 (1) for a project leader to file a notice in the Registry before removing soil from the project area that will become excess soil.
3. Any requirement under section 9 for a project leader to update the notice filed in the Registry in respect of a project.
4. Any requirement related to section 11, 12 or 13.
5. Any requirement under section 15 where the project leader or operator of the project area or any other person working in the project area becomes aware of a circumstance described in that section.
6. Any requirement under section 16 related to the development and application of a tracking system.
7. Any requirement for the owner or operator of a reuse site described in subsections 19 (1) and (1.1) to take the steps described in subsection 19 (3) including filing a notice in the Registry in respect of the reuse site.
8. Any requirement under subsections 19 (6) and (7) for the owner or operator of a reuse site to update a notice in respect of the reuse site in the Registry.
(2) During the period that begins on the day this section comes into force and ends on December 31, 2022, a person who is operating a vehicle for the purpose of transporting excess soil is deemed to comply with section 18 if the person provides, to any provincial officer upon request, the information described in subsection 18 (1).
(2) Section 28.1, as made by subsection (1), is revoked.
Commencement
5. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsection 4 (2) comes into force on January 1, 2023.