O. Reg. 235/25: ON-SITE AND EXCESS SOIL MANAGEMENT"

O. Reg. 235/25: ON-SITE AND EXCESS SOIL MANAGEMENT, ENVIRONMENTAL PROTECTION ACT

ontario regulation 235/25

made under the

Environmental Protection Act

Made: October 23, 2025
Filed: October 23, 2025
Published on e-Laws: October 23, 2025
Published in The Ontario Gazette: November 8, 2025

Amending O. Reg. 406/19

(ON-SITE AND EXCESS SOIL MANAGEMENT)

1. Ontario Regulation 406/19 is amended by striking out “excess soil that is dry soil” wherever it appears and substituting in each case “dry excess soil”.

2. (1) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“aggregate reuse depot” means a Class 1 soil management site that is operated for the purpose of producing recycled engineered aggregate to meet a realistic market demand; (“dépôt de réutilisation des agrégats”)

“asphalt-impacted excess soil” means excess soil that exceeds one or more standards set out in the Excess Soil Standards for parameters specified in the Excess Soil Standards, solely because of the discharge of a contaminant from asphalt; (“sols de déblai contaminés par de l’asphalte”)

“depot” means an aggregate reuse depot, a landscaping soil depot or a residential development soil depot; (“dépôt”)

“dry excess soil” means excess soil that is dry soil; (“sols de déblai secs”)

“engineered aggregate” means a material that,

(a) is composed primarily of aggregate, and

(b) at the time when it is used for a purpose such as constructing a road or other infrastructure or a building, it meets an engineering standard developed by, or adopted by, a public body for that purpose; (“agrégats travaillés”)

“excavated engineered aggregate” means materials, composed primarily of excess soil, that were used as engineered aggregate, that have been excavated and removed from a project area and that are to be reused as part of recycled engineered aggregate; (“agrégats travaillés excavés”)

“excavation project area” means, in respect of specified excess soil, the project area from which the specified excess soil was excavated; (“zone du projet d’excavation”)

“infrastructure project” means a project that primarily involves the establishment, replacement, alteration, maintenance or extension of infrastructure; (“projet d’infrastructure”)

“infrastructure undertaking” means the reuse of excess soil at a reuse site that primarily involves the establishment, replacement, alteration, maintenance or extension of infrastructure; (“entreprise d’infrastructure”)

“liquid excess soil” means excess soil that is liquid soil; (“sols de déblai liquides”)

“recycled engineered aggregate” means engineered aggregate that contains excavated engineered aggregate; (“agrégats travaillés recyclés”)

(2) The definition of “Class 1 soil management site” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“Class 1 soil management site” means a waste disposal site, other than a Class 2 soil management site or local waste transfer facility, at which excess soil is processed, stored or otherwise managed on a temporary basis; (“site de gestion des sols de catégorie 1”)

(3) The definition of “Class 2 soil management site” in subsection 1 (1) of the Regulation is amended by striking out “managed” in the portion before clause (a) and substituting “processed, stored or otherwise managed”.

(4) The definition of “dry soil” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“dry soil” means soil, crushed rock or soil mixed with rock or crushed rock, where it is not liquid soil; (“sol sec”)

(5) The definition of “Excess Soil Standards” in subsection 1 (1) of the Regulation is amended by striking out “February 19, 2024” and substituting “October 10, 2025”.

(6) Clause (a) of the definition of “infrastructure” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(a) highways within the meaning of the Highway Traffic Act,

(7) The definitions of “landscaping soil depot” and “liquid soil” in subsection 1 (1) of the Regulation are revoked and the following substituted:

“landscaping soil depot” means a Class 1 soil management site that is operated for the purpose of producing landscaping or gardening products to meet a realistic market demand; (“dépôt de sols pour aménagement paysager”)

“liquid soil” means soil, crushed rock or soil mixed with rock or crushed rock, where it has a slump of more than 150 millimetres using the Test Method for the Determination of “Liquid Waste” (slump test) set out in Schedule 9 to Regulation 347; (“sol liquide”)

(8) Clause (c) of the definition of “project” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(9) The definition of “public body” in subsection 1 (1) of the Regulation is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause:

(e) a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act.

(10) The definition of “residential development soil depot” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“residential development soil depot” means a Class 1 soil management site that is operated for the purpose of managing excess soil that will ultimately be transported to a reuse site for final placement in respect of an undertaking at the reuse site; (“dépôt de sols pour aménagement résidentiel”)

(11) The definitions of “soil bank storage site” and “soil processing site” in subsection 1 (1) of the Regulation are revoked.

3. Section 2 of the Regulation is revoked and the following substituted:

Non-application of Regulation

2. (1) This Regulation does not apply in respect of the following:

1. Soil that is hazardous waste or asbestos waste, both within the meaning of Regulation 347.

2. Aggregate that is both excavated from and produced at a pit or quarry within the meaning of the Aggregate Resources Act and governed by that Act, until such time as that aggregate is re-excavated after being used.

3. Topsoil that was excavated in accordance with a permit issued under the Aggregate Resources Act.

4. Peat that was produced from a peat extraction operation.

(2) For greater certainty, this Regulation applies to the deposit and final placement of excess soil at a pit or quarry for reuse at the pit or quarry, including for the purpose of rehabilitating the pit or quarry.

4. Section 3 of the Regulation is revoked and the following substituted:

Designation

3. (1) Subject to sections 3.1 and 5.1 to 5.7, excess soil is designated as waste.

(2) For greater certainty, excess soil that is transferred and used in the manner described in subparagraph 1 i of subsection 3 (2) of Regulation 347 is not designated as a waste for the purposes of subsection (1).

Transported directly to reuse site

3.1 (1) Excess soil is not designated as waste if all of the following criteria are satisfied:

1. The excess soil is directly transported to a reuse site from a project area, a Class 1 soil management site, a Class 2 soil management site, a local waste transfer facility or another reuse site.

2. Subject to subsection (2), the owner or operator of the reuse site to which the excess soil is transported or a person authorized by the owner or operator has consented in writing to the deposit of excess soil at the reuse site and, if the excess soil to be deposited includes salt-impacted excess soil or asphalt-impacted excess soil, the consent expressly acknowledges acceptance of salt-impacted excess soil or asphalt-impacted excess soil.

3. The excess soil is dry excess soil and remains so until it is finally placed at the reuse site, or, if it is not dry excess soil, an instrument described in paragraph 5 authorizes it to be deposited at the reuse site.

4. If excess soil is to be deposited at a reuse site at which it will not be used for an identified beneficial purpose in connection with a specific undertaking, including one mentioned in paragraph 2 of subsection 5 (1), the deposit of the excess soil must be governed by a site-specific instrument mentioned in paragraph 5 of this subsection.

5. If the reuse site is governed by one of the following instruments, the conditions set out in section 4 are satisfied:

i. A permit that is issued under a by-law passed under section 142 of the Municipal Act, 2001 or section 105 of the City of Toronto Act, 2006.

ii. Provisions of a by-law passed under section 142 of the Municipal Act, 2001 or section 105 of the City of Toronto Act, 2006.

iii. A licence or permit issued under the Aggregate Resources Act.

iv. An approval under the Planning Act.

v. A certificate of property use issued under section 168.6 of the Act.

vi. Any other site-specific instrument under an Act of Ontario or Canada that may regulate the quality or quantity of soil that may be deposited for final placement at the reuse site.

6. If the reuse site is not governed by one of the instruments set out in paragraph 5, the conditions set out in section 5 are satisfied.

(2) Paragraph 2 of subsection (1) does not apply if the project leader for the project at the project area from which the excess soil is transported or the owner or operator of the Class 2 soil management site or the local waste transfer facility from which the excess soil is transported is the owner or operator of the reuse site to which the excess soil is transported.

(3) If, at any time, the criteria mentioned in subsection (1) cease to be satisfied in respect of the excess soil, the excess soil is designated as a waste and continues to be so designated until one of the following events:

1. The criteria mentioned in subsection (1) have been satisfied again.

2. In a case where a provincial officer has issued an order mentioned in subsection (4) in respect of the excess soil, the order has been complied with.

3. Subject to subsection (6), the fifth anniversary of the day on which the undertaking for which the excess soil is used at the reuse site is completed.

(4) Subject to subsection (5), if a provincial officer has determined that the criterion mentioned in paragraph 5 or 6 of subsection (1) is not being satisfied, the provincial officer may, by order under section 157 of the Act, specify conditions that apply in respect of the excess soil instead of the criterion that is not being satisfied.

(5) The provincial officer shall not issue an order mentioned in subsection (4) unless all of the following criteria are met:

1. The provincial officer is of the opinion that it is not practicable in the circumstances to satisfy the criterion mentioned in paragraph 5 or 6 of subsection (1).

2. The provincial officer is of the opinion that, if the conditions specified in the order were met, no adverse effect would result, having regard to the following factors:

i. The quality and quantity of the excess soil that has been deposited for final placement at the reuse site.

ii. The beneficial purpose for which the excess soil is to be used at the reuse site.

iii. The conditions at the reuse site, including the type of property use.

(6) If an order has been issued in respect of the excess soil before the fifth anniversary mentioned in paragraph 3 of subsection (3) and the order has not been complied with as of the fifth anniversary, the excess soil is designated as a waste until such day as the order is complied with.

(7) For the purposes of paragraph 3 of subsection (3), the day on which the undertaking for which the excess soil is used at the reuse site is completed shall be determined having regard to any documents provided by the operator of the reuse site relating to the completion of the undertaking.

5. Subsection 4 (1) of the Regulation is amended by striking out “paragraph 4 of subsection 3 (2)” at the end and substituting “paragraph 5 of subsection 3.1 (1)”.

6. (1) Subsection 5 (1) of the Regulation is amended by striking out “paragraph 5 of subsection 3 (2)” in the portion before paragraph 1 and substituting “paragraph 6 of subsection 3.1 (1)”.

(2) Paragraph 1 of subsection 5 (1) of the Regulation is amended by adding “Except in the case of excess soil finally placed on the bed of a surface water body” at the beginning.

(3) Subsubparagraph 2 ii B of subsection 5 (1) of the Regulation is revoked and the following substituted:

B. a planned or existing infrastructure undertaking, or

(4) Subsection 5 (4) of the Regulation is amended by striking out “paragraph 4 of subsection 3 (2)” at the end and substituting “paragraph 5 of subsection 3.1 (1)”.

(5) Subsection 5 (7) of the Regulation is amended by striking out “undertaking related to infrastructure” at the end and substituting “infrastructure undertaking”.

7. The Regulation is amended by adding the following sections:

Landscaping or gardening product from landscaping soil depot

5.1 Excess soil that is removed from a landscaping soil depot is not designated as waste if it meets the soil quality standards set out in the Soil Rules for the purposes of this section and one of the following criteria is satisfied:

1. It is packaged as a landscaping or gardening product.

2. It is being sold to the owner or operator of a reuse site and is transported directly to the reuse site, where it will be finally placed as a landscaping or gardening product and will not be processed.

3. It is being sold in bulk and is directly transported to another person who will not process the excess soil and will sell the excess soil as a landscaping or gardening product.

Construction of roads, etc. at landfilling site or dump

5.2 Excess soil is not designated as waste if it is deposited at a landfilling site or dump and used, in accordance with the environmental compliance approval governing the landfilling site or dump, for the construction of roads or berms or to support any other type of ancillary use, other than daily cover or final cover, that supports the operation of the landfilling site or dump.

Temporary removal

5.3 (1) Subject to subsection (2), excess soil that was removed temporarily from its excavation project area is not designated as waste upon its deposit at the excavation project area for final placement if,

(a) any storage of the excess soil during the temporary removal was at a Class 2 soil management site or a local waste transfer facility that is owned or operated by the project leader of the project at the excavation project area; and

(b) during the temporary removal, the excess soil was segregated and, if stored, stored in accordance with the Soil Rules.

(2) This section does not apply to excess soil if, at any time before the excess soil is deposited at the excavation project area for final placement, any person managing the excess soil makes an observation, including any visual or olfactory observation, that suggests that the excess soil may be affected by the discharge of a contaminant, until such time as it is confirmed that the excess soil can be finally placed at the excavation project area without causing an adverse effect.

Related project areas, single larger planned initiative

5.4 (1) Subject to subsection (3), excess soil is not designated as waste upon its final placement at a project area if the following criteria are satisfied:

1. Any storage of the excess soil after it is removed from its excavation project area and before it is deposited for final placement is at a Class 2 soil management site or a local waste transfer facility that is owned or operated by the project leader of the project at the excavation project area.

2. After it was removed from its excavation project area and before it is finally placed at the project area at which final placement occurs, the excess soil was segregated and, if stored, stored in accordance with the Soil Rules.

3. Both the excavation project area and the project area at which the final placement occurs are related to each other as described in subsection (2).

(2) For the purposes of this section, project areas are related to each other if they satisfy the following criteria:

1. The projects at the project areas have the same project leader.

2. The projects at the project areas are parts of a single larger planned initiative being undertaken.

3. The completion of the single larger planned initiative will result in all of the related project areas being adjoined.

(3) This section does not apply to excess soil if, at any time before the excess soil is finally placed at the related project area, any person managing the excess soil makes an observation, including any visual or olfactory observation, that suggests that the excess soil may be affected by the discharge of a contaminant, until such time as it is confirmed that the excess soil can be finally placed at the related project area without causing an adverse effect.

Reuse site, infrastructure undertaking

5.5 (1) Subject to subsection (3), excess soil is not designated as waste upon its final placement at a reuse site for an infrastructure undertaking if the excess soil’s excavation project area is in respect of an infrastructure project and the following criteria are satisfied:

2. After it was removed from its excavation project area and before it is finally placed, the excess soil was segregated and if stored, stored in accordance with the Soil Rules.

3. Both the excavation project area and the reuse site at which the final placement occurs are related to each other as described in subsection (2).

4. After making reasonable efforts to take into consideration any past reports and any other information available about past uses and activities respecting the excavation project area, the project leader must,

i. determine that the excess soil is not affected by a potentially contaminating activity within the meaning of Ontario Regulation 153/04, and

ii. prepare a written document setting out that determination and the rationale, including a description of the reasonable efforts made and the project leader’s consideration of any reports and available information.

5. The excess soil is finally placed in accordance with any requirements set out in the Soil Rules.

(2) For the purposes of paragraph 3 of subsection (1), a project area and a reuse site are related to each other if the following criteria are satisfied:

1. Either the project leader for the project carried out at the project area and the owner or operator of the reuse site are the same person or the owner or operator of the reuse site is a public body.

2. The infrastructure project and the infrastructure undertaking are both in respect of the same type of infrastructure, as determined in accordance with the Soil Rules.

(3) This section does not apply to excess soil if, at any time before the excess soil is finally placed at the reuse site, any person managing the excess soil makes an observation, including any visual or olfactory observation, that suggests that the excess soil may be affected by the discharge of a contaminant, until such time as it is confirmed that the excess soil can be finally placed at the reuse site without causing an adverse effect.

Application of s. 23

5.6 For greater certainty, section 23 applies to the excavation of soil at project areas mentioned in sections 5.3 to 5.5.

Recycled engineered aggregate

5.7 (1) Excess soil and any waste mentioned in subparagraphs 2 i to vii of subsection 7 (2) that are part of recycled engineered aggregate are not designated as waste upon final placement at a reuse site if the following criteria are satisfied:

1. The recycled engineered aggregate is transported directly to a reuse site from an aggregate reuse depot, including an aggregate reuse depot located on the site of a pit or quarry mentioned in paragraph 2 of subsection 2 (1).

2. The recycled engineered aggregate is,

i. finally placed at the reuse site in accordance with any requirements set out in the Soil Rules, and

ii. used for a beneficial purpose for which the engineering standard that it meets was developed.

(2) Excess soil and any waste mentioned in subparagraphs 2 i to vii of subsection 7 (2) that are part of recycled engineered aggregate are not designated as waste upon final placement at a reuse site if the following criteria are satisfied:

1. The recycled engineered aggregate is transported directly to a reuse site from a project area, Class 2 soil management site or local waste transfer facility.

2. The recycled engineered aggregate is,

i. finally placed at the reuse site in accordance with any requirements set out in the Soil Rules, and

ii. used for a beneficial purpose for which the engineering standard that it meets was developed.

3. After making reasonable efforts to take into consideration any past reports and any other information available about past uses and activities respecting the excavation project area, the project leader,

i. must determine that the excavated engineered aggregate is not affected by a potentially contaminating activity within the meaning of Ontario Regulation 153/04, and

ii. has prepared a written document setting out that determination and the rationale, including a description of the reasonable efforts made and the project leader’s consideration of any reports and available information.

(3) This section does not apply if, at any time before the recycled engineered aggregate is finally placed at a reuse site, any person managing the recycled engineered aggregate or excavated engineered aggregate that forms part of the recycled engineered aggregate makes an observation, including any visual or olfactory observation, that suggests that the recycled engineered aggregate or excavated engineered aggregate may be affected by the discharge of a contaminant, until such time as it is confirmed that the recycled engineered aggregate or excavated engineered aggregate can be finally placed at the reuse site without causing an adverse effect.

8. (1) Paragraph 8 of subsection 6 (3) of the Regulation is revoked and the following substituted:

8. Subject to section 6.1, mixing it with a substance or other material that is not waste and that is intended to dewater or solidify it.

9. Washing of excavated soil or excavated crushed rock, if the purpose is for size-based sorting and the washing is not carried out for the purpose of reducing the concentration of contaminants in the soil.

(2) Subsections 6 (4), (4.1) and (5) of the Regulation are revoked.

9. The Regulation is amended by adding the following section:

Soil additives

6.1 (1) This section applies in respect of soil or crushed rock that satisfies one of the following descriptions:

1. It is dewatered or solidified and was excavated and processed at its excavation project area by mixing it with a substance or other material that was not waste and that was intended to dewater or solidify it.

2. It was excavated from a project area through use of an earth pressure balance tunnel boring machine, a slurry tunnel boring machine or a micro-tunnel boring machine and had a substance or other material added to it to facilitate tunnelling.

(2) If the substance or other material mentioned in paragraph 1 or 2 of subsection (1) contains a natural or synthetic polymer or a foaming agent, the soil or crushed rock mentioned in subsection (1) is designated as waste unless,

(a) the conditions set out in subsection (3) are satisfied; and

(b) in the case of soil or crushed rock mentioned in paragraph 1 of subsection (1), the conditions set out in subsection (4) were satisfied before it became dewatered or solidified.

(3) For the purposes of clause (2) (a), the project leader for the project or the operator of the project area shall retain a qualified person to do the following or to supervise a supervisee to do the following and the qualified person or supervisee must do the following:

1. Collect the following:

i. Any information supplied by the manufacturer of the substance or other material, including any relevant safety data sheets and technical data sheets.

ii. Any analytical results from the manufacturer that demonstrate whether the substance or other material affects the concentration of contaminants in the soil or crushed rock.

iii. Information about whether the substance or other material may affect the sampling and analysis of the soil or crushed rock.

iv. The results of any sampling and analysis undertaken by the qualified person or supervisee for the purpose of determining the effect of the substance or material on the concentration of contaminants in the soil or crushed rock.

v. Any other information that, in the opinion of the qualified person or supervisee, is relevant to the use of the substance or other material or reuse of the soil or crushed rock.

2. Ensure that any sampling and analysis undertaken by the qualified person or the supervisee for the purpose of determining the effect of the substance or material on the concentration of contaminants in the soil or crushed rock is undertaken in accordance with the Soil Rules.

3. If the project leader or operator of the project area indicates that the soil or crushed rock will become excess soil and will be deposited for final placement at a reuse site, determine whether, having regard to the information collected under paragraph 1, there is any basis to conclude that the storage or final placement of the excess soil at a reuse site would cause an adverse effect.

4. If the determination under paragraph 3 is that there is a basis for the conclusion mentioned in that paragraph, determine whether the qualified person or supervisee can develop instructions, including any restrictions, relating to the storage and final placement of the excess soil at the reuse site that, if followed, would prevent any adverse effect mentioned in paragraph 3.

5. If the determination under paragraph 3 is that there is no basis for the conclusion mentioned in that paragraph or if the determination under paragraph 4 is that the instructions mentioned in that paragraph can be developed, prepare and give to the project leader or operator of the project area a document that sets out the following:

i. Identification of the substance or other material and, in respect of dewatered or solidified soil or crushed rock, the mixing rates used to dewater or solidify the soil or crushed rock and the amount of liquid soil that was dewatered or solidified.

ii. A description of the way in which the substance or other material may have altered the physical characteristics of the excess soil, if any.

iii. Having regard to the information collected under paragraph 1, instructions, including any restrictions, relating to the storage and final placement at the reuse site of the excess soil, including to prevent any adverse effect mentioned in paragraph 3.

iv. A summary of the information collected under paragraph 1 and the reasoning for the determinations made under paragraphs 3 and 4.

6. If the determination under paragraph 4 is that any adverse effect cannot be prevented by instructions mentioned in that paragraph, provide written notification to the project leader or operator of the project area that the excess soil should not be deposited for final placement at a reuse site, including a summary of the information collected under paragraph 1 and the reasoning for the determination.

(4) For the purposes of clause (2) (b), the project leader for the project or the operator of the project area must have retained a qualified person to do the following or to supervise a supervisee to do the following and the qualified person or supervisee must have done the following:

1. Develop written procedures for the appropriate and safe use of the substance or other material within the project area during the dewatering or solidification process, having regard to any relevant information collected under paragraph 1 of subsection (3).

2. Give a copy of the written procedures mentioned in paragraph 1 to the project leader or operator of the project area.

(5) If paragraph 5 of subsection (3) applies and the excess soil will be deposited for final placement at a reuse site,

(a) the project leader or operator of the project area shall ensure that a copy of the document mentioned in paragraph 5 of subsection (3) is given to the owner or operator of the reuse site; and

(b) the owner or operator of the reuse site shall ensure that the instructions set out in the document are followed.

(6) If paragraph 6 of subsection (3) applies, the project leader or operator of the project area shall ensure that the excess soil is disposed of at a waste disposal site that is authorized under the environmental compliance approval governing the waste disposal site to accept the waste.

10. The heading to section 7 and sections 7 to 7.3 of the Regulation are revoked and the following substituted:

Depots

Exemption from ss. 27, 40 and 41 of the Act

7. (1) Subject to subsections (4) and (5), engaging in any of the following activities is exempt from sections 27, 40 and 41 of the Act if the owner or operator of the depot at which the activity is engaged in complies with the requirements set out in subsection (2) of this section:

1. The management of dry excess soil at a landscaping soil depot or a residential development soil depot.

2. The management of waste mentioned in paragraph 2 of subsection (2) at an aggregate reuse depot, if the waste is to be used to produce recycled engineered aggregate to meet a realistic market demand.

(2) The following requirements apply for the purpose of subsection (1):

1. If the depot is operated on land owned by another person, the owner or operator of the depot shall obtain the written consent of the owner of the land to operate the depot.

2. In the case of the activity described in paragraph 2 of subsection (1), the owner or operator of the depot shall ensure that the only materials stored, processed or otherwise managed at the depot are materials to be used to produce recycled engineered aggregate to meet a realistic market demand and that are the following types of materials:

i. Excavated engineered aggregate.

ii. Waste asphalt pavement.

iii. Waste glass.

iv. Waste ceramic.

v. Waste concrete that does not include any rebar or polyvinyl chloride.

vi. Waste brick on which there is no lead paint.

vii. Dry excess soil.

viii. Other materials that are not waste.

3. If excess soil, excavated engineered aggregate or other waste is processed at the depot, the owner or operator shall ensure that it is processed by one of the following methods in accordance with any requirements set out in the Soil Rules:

i. At any type of depot, one of the following methods:

A. Passive aeration.

B. Mixing of soil, if the soil being mixed with it is of similar quality to it and the mixing is not carried out for the purpose of diluting the concentration of contaminants in the soil.

C. Soil turning.

D. Size-based sorting.

E. Sorting for the purpose of removing debris.

ii. If the depot is a landscaping soil depot, mixing of soil with other materials that are not waste for the purpose of creating a landscaping or gardening product.

iii. If the depot is an aggregate reuse depot,

A. crushing of excavated engineered aggregate, other wastes and materials that are not waste stored at the depot for the purpose of creating recycled engineered aggregate,

B. mixing of excavated engineered aggregate, other wastes and materials that are not waste at the depot for the purpose of creating recycled engineered aggregate, or

C. washing of excavated engineered aggregate and excess soil stored at the depot, if the purpose is for size-based sorting and creating recycled engineered aggregate, and the washing is not carried out for the purpose of reducing the concentration of contaminants in the soil.

4. Subject to subsection (3), in the case of an owner or operator of a landscaping soil depot, residential development soil depot or aggregate reuse depot, the owner or operator shall not operate the depot on the same single property as, or on an adjoining property to, a property on which one of the other two types of depot mentioned in this paragraph or a Class 2 soil management site or local waste transfer facility is also operated by the same owner or operator.

5. The owner or operator of a landscaping soil depot, residential development soil depot or aggregate reuse depot shall ensure that the amount of waste, including dry excess soil and excavated engineered aggregate, managed at the depot at any one time does not exceed 25,000 m³.

(3) Paragraph 5 of subsection (2) does not apply if the following criteria are satisfied:

1. Each of the depots, Class 2 soil management sites and local waste transfer facilities on the property and on any adjoining properties is a distinct operation.

2. The total amount of waste, including dry excess soil and excavated engineered aggregate, that is managed at all the depots, Class 2 soil management sites and local waste transfer facilities on the single property and on any adjoining properties does not exceed 25,000 m³ at any one time.

(4) The exemption in subsection (1) does not apply to a depot if, on the same property as the depot, other waste management activities in respect of which an environmental compliance approval is required are engaged in on that same property.

(5) Despite subsection (1), if the activity set out in paragraph 2 of subsection (1) is engaged in at an aggregate reuse depot located on the site of a pit or quarry governed by a licence or permit under the Aggregate Resources Act, the owner or operator of the depot is not required to comply with the requirements set out in paragraphs 1, 5 and 6 of subsection (2) in order for the exemption to apply.

Requirements

7.1 (1) This section applies to the owner or operator of a depot at which the management of excess soil and, if applicable, other waste, is exempt from sections 27, 40 and 41 of the Act under subsection 7 (1) of this Regulation.

(2) If the activity set out in paragraph 2 of subsection 7 (1) is engaged in at an aggregate reuse depot located on the site of a pit or quarry that is governed by a licence or permit under the Aggregate Resources Act, the following rules apply:

1. Subject to paragraph 2, the owner or operator of the depot is required to comply with this section.

2. If a provision of the Aggregate Resources Act or a regulation under that Act or a provision of the licence, permit or site plan for the pit or quarry includes a requirement that is different from a requirement in this section in respect of a particular matter, the owner or operator of the depot is not required to comply with the requirement in this section.

(3) The owner or operator of the depot shall ensure the following:

1. That subsection 7 (2) is complied with, as applicable.

2. In the case of a landscaping soil depot, residential development soil depot, or aggregate reuse depot, that no liquid excess soil is deposited at the depot.

3. That the quality of the excess soil deposited and managed at the depot meets any applicable excess soil quality standards set out in the Soil Rules for the purpose of this paragraph.

4. That the quality of the excess soil that is removed from the depot meets any applicable excess soil quality standards set out in the Soil Rules for the purpose of this paragraph.

5. In the case of a residential development soil depot, that no excess soil from the depot is transported to a type of reuse site identified in the Soil Rules for the purposes of this paragraph.

6. In the case of a landscaping soil depot or aggregate reuse depot, subject to subsection (4), that the excess soil and any excavated engineered aggregate and other waste that is deposited at the depot is removed from the depot no later than two years after it is first deposited at the depot.

7. In the case of an aggregate reuse depot,

i. that waste that is deposited at the depot and that is determined by the owner or operator of the depot to be unusable for producing a recycled engineered aggregate to meet a realistic market demand be removed promptly from the depot and properly disposed of, and

ii. that a qualified person is retained to ensure that applicable requirements, as set out in the Soil Rules, are complied with.

8. That any other requirements set out in the Soil Rules with respect to the deposit and management of excess soil and other materials at the depot are met.

9. That any type of written procedures in respect of the operation of the depot that are specified in the Soil Rules are prepared and applied at the depot, in accordance with any applicable provisions of the Soil Rules.

10. That fire-fighting equipment, spill clean-up and containment equipment appropriate for the types of waste expected to be at the depot are available at or near the depot.

11. That access to the depot is controlled by gates, fencing, attendants or other security measures.

12. That regular site inspections are undertaken to ensure the depot is secure and operations are not causing nuisances or adverse effects.

13. That signs are posted and safeguards maintained for the prevention of accidents at the depot.

14. That the following are created in accordance with any applicable Soil Rules and retained at the depot:

i. Records in respect of the deposit and management of excess soil and, in the case of an aggregate reuse depot, excavated engineered aggregate and other waste, at the depot.

ii. Records in respect of any excess soil and, in the case of an aggregate reuse depot, recycled engineered aggregate and other waste, that is removed from the depot.

iii. Any other records in respect of the operation of the depot as set out in the Soil Rules.

15. That before the depot is permanently closed, all excess soil, excavated engineered aggregate and other waste is removed from the depot.

(4) A Director may, by written notice provided to the owner or operator of a landscaping soil depot or aggregate reuse depot, authorize an extension, not exceeding one year, of the two-year period mentioned in paragraph 6 of subsection (3), if the Director is satisfied that,

(a) the extension is necessary,

(i) in the case of a landscaping soil depot, in order for the excess soil to be prepared or packaged as a product, or

(ii) in the case of an aggregate reuse depot, in order for the waste to be used to produce a recycled engineered aggregate that has a realistic market demand;

(b) the extension will not result in an adverse effect; and

(c) the owner or operator has provided an estimated date for the removal of the excess soil, or in the case of an aggregate reuse depot, the removal of the waste, from the depot.

Notice requirements

7.2 (1) This section applies in respect of the owner or operator of a depot at which the management of excess soil and, if applicable, other waste, is exempt from sections 27, 40 and 41 of the Act under subsection 7 (1) of this Regulation.

(2) The owner or operator shall provide written notice in accordance with the following requirements:

1. In the case of a residential development soil depot, it shall be filed in the Registry before the excess soil begins to be deposited at the depot.

2. In the case of any depot other than a residential development soil depot, it shall be provided to the Director before the excess soil, excavated engineered aggregate or other waste begins to be deposited at the depot.

3. In the case of any depot, it shall be provided to the local municipality in which the depot is located before the excess soil, excavated engineered aggregate or other waste begins to be deposited at the depot.

4. If the owner or operator becomes aware that any information in the notice mentioned in paragraph 1 or 2 is no longer complete or accurate,

i. in the case of a residential development soil depot, the notice shall be updated in the Registry within 30 days, and

ii. in the case of any other depot, the Director shall be notified and provided with the completed or corrected information within 30 days.

(3) The notice mentioned in paragraph 1, 2 or 3 of subsection (2) shall include the following:

1. The location of the depot.

2. The name, mailing address, postal code, telephone number and email address of the operator.

3. If the operator does not own the property on which the depot is located,

i. the name, mailing address, postal code, telephone number and email address of the owner, and

ii. in the case of a landscaping soil depot or aggregate reuse depot, a letter from the owner of the property indicating that the owner has given the operator consent to operate the depot on the property.

4. The date on which the deposit of excess soil, excavated engineered aggregate or other waste is expected to begin.

5. If an instrument mentioned in paragraph 5 of subsection 3.1 (1) has been issued governing the depot, identification of the body that issued the instrument, the date the instrument was issued and to whom the instrument is issued, and, if there is an instrument identification number, that number.

6. A declaration by the owner or operator of the depot stating that the written procedures described in paragraph 11 of subsection 7.1 (3) have been prepared and applied and will continue to be applied.

(4) The owner or operator shall provide, in writing, a notice respecting the permanent closure of the depot as follows:

1. In the case of a residential development soil depot, the owner or operator shall update the notice filed in the Registry within 30 days after the closure to indicate the date of the closure.

2. In the case of any other type of depot, the owner or operator of the depot shall provide written notice of the closure to the Director and the local municipality in which the depot is located, within 90 days after the closure of the depot, including the following information:

i. The location of the depot.

ii. The date of the closure.

iii. Confirmation that all excess soil, excavated engineered aggregate and other waste has been removed from the depot.

(5) If an aggregate reuse depot was operating before the day section 10 of Ontario Regulation 235/25 made under the Act comes into force, the following rules apply with respect to the notice mentioned in paragraph 2 of subsection (2):

1. Despite paragraph 2 of subsection (2), the notice mentioned in that paragraph shall be provided within 90 days after the day section 10 of Ontario Regulation 235/25 made under the Act comes into force.

2. Despite paragraph 4 of subsection (3), the notice shall instead include an estimate of the amount of excess soil, excavated engineered aggregate and other waste, broken down by type of waste, managed at the depot.

(6) If a depot was operating before the day section 10 of Ontario Regulation 235/25 made under the Act comes into force, the following rules apply with respect to the notice mentioned in paragraph 3 of subsection (2):

1. Despite paragraph 3 of subsection (2), the notice mentioned in that paragraph shall be provided within 90 days after the day section 10 of Ontario Regulation 235/25 made under the Act comes into force.

Municipal by-laws

7.3 For greater certainty, nothing in sections 7 to 7.2 in respect of the operation of a depot relieves a person from complying with a municipal by-law that may apply to the operation of that depot.

11. (1) Subsection 8 (1) of the Regulation is amended by striking out “(2) and (3)” and substituting “(2), (2.1) and (3)”.

(2) Paragraph 1 of subsection 8 (1.1) of the Regulation is amended by adding “and any other available information” after “reports” in the portion before subparagraph i.

(3) Section 8 of the Regulation is amended by adding the following subsections:

(2.1) This section does not apply to a project leader in respect of any portion of excess soil for which the project leader can demonstrate that section 5.3 or 5.4 applies or will apply.

(2.2) In circumstances where excess soil is removed from a project area that is part of a single larger planned initiative as described in section 5.4 but section 5.4 will not apply in respect of the excess soil, one notice may be filed in the Registry under subsection (1) in respect of all project areas that are related to each other as described in subsection 5.4 (2).

(2.3) If one notice is filed under subsection (2.2), the information in sections 2, 4, 8, and 9 of Schedule 1 and the declaration in section 16 of Schedule 1 must be provided in respect of each related project area that is part of the single larger planned initiative.

12. Clause 12 (4) (b) of the Regulation is amended by adding “written” before “procedures”.

13. The Regulation is amended by adding the following section:

Non-application of ss. 11, 12, 13 and 16, infrastructure project

16.1 A project leader is not required to ensure the preparation of documents under sections 11, 12 and 13 and develop and apply a tracking system under section 16 if,

(a) the excess soil is excavated as part of an infrastructure project; and

(b) the project leader for the infrastructure project intends, after removing the excess soil from the project area, to deposit it for final placement as part of an infrastructure undertaking.

14. Subsection 18 (1) of the Regulation is amended by adding the following paragraph:

3.2 An indication of whether the load includes asphalt-impacted excess soil.

15. (1) Subsection 19 (2) of the Regulation is amended by striking out “undertaking related to infrastructure” at the end and substituting “infrastructure undertaking”.

(2) Paragraph 2 of subsection 19 (3) of the Regulation is amended by adding “Written” at the beginning.

(3) Paragraph 3 of subsection 19 (3) of the Regulation is amended by adding “Written” at the beginning.

(4) Paragraph 8 of subsection 19 (4) of the Regulation is amended by striking out “paragraph 4 of subsection 3 (2)” and substituting “paragraph 5 of subsection 3.1 (1)”.

16. Section 20 of the Regulation is amended by striking out “paragraph 4 of subsection 3 (2)” in the portion before paragraph 1 and substituting “paragraph 5 of subsection 3.1 (1)”.

17. Section 21 of the Regulation is revoked and the following substituted:

Class 2 soil management site, exemption from ss. 27, 40 and 41 of the Act

21. (1) Subject to subsection (6), the management of dry excess soil or excavated engineered aggregate at a Class 2 soil management site is exempt from sections 27, 40 and 41 of the Act if the project leader for the project from which the excess soil or excavated engineered aggregate was excavated or the operator of the site complies with subsections (2) to (5).

(2) No project leader for the project from which the excess soil or excavated engineered aggregate was excavated or operator of the site shall cause or permit the deposit of excess soil or excavated engineered aggregate at the site other than excess soil or excavated engineered aggregate in respect of projects of the project leader.

(3) If the site is operated on land owned by a person other than the project leader mentioned in subsection (2), the project leader or the operator of the site shall obtain the written consent of the owner of the land to operate the site.

(4) If the project leader mentioned in subsection (2) is not a public body, the project leader or operator of the site shall ensure that the combined total amount of the excess soil and excavated engineered aggregate stored at the site at any one time does not exceed 25,000 m³.

(5) If excess soil or excavated engineered aggregate is processed while being stored at the site, the project leader mentioned in subsection (2) or operator of the site shall ensure that it is processed in accordance with any requirements governing the processing that are set out in the Soil Rules and by one of the following methods:

1. Passive aeration.

2. Mixing of soil from projects that have the same project leader, if the soil being mixed with it is of similar quality to it and the mixing is not carried out for the purpose of diluting the concentration of contaminants in the soil.

3. Soil turning.

4. Size-based sorting.

5. Sorting it for the purpose of removing debris.

6. Mixing of excavated engineered aggregate with excess soil.

7. Washing of excess soil or excavated engineered aggregate, if the purpose is for size-based sorting and the washing is not carried out for the purpose of reducing the concentration of contaminants in the soil.

(6) The exemption in subsection (1) does not apply to a site if, on the same property as the site, other waste management activities in respect of which an environmental compliance approval is required are engaged in.

18. (1) Subsections 21.1 (1) to (3) of the Regulation are revoked and the following substituted:

Class 2 soil management site, additional requirements

(1) In this section,

“project leader” means, in respect of a Class 2 soil management site at which dry excess soil or excavated engineered aggregate is managed, the project leader for the project from which the excess soil or excavated engineered aggregate was excavated.

(2) This section applies in respect of a Class 2 soil management site at which the management of dry excess soil or excavated engineered aggregate is exempt from sections 27, 40 and 41 of the Act under section 21.

(3) Subject to subsection (4), before dry excess soil or excavated engineered aggregate is deposited at the Class 2 soil management site, the project leader, the operator of the project area or the operator of that site shall do the following:

1. Except if the owner of the reuse site is the project leader, ensure that written consent has been obtained from the operator of the reuse site at which the excess soil or excavated engineered aggregate will be deposited.

2. Ensure that a written record is prepared, setting out the following:

i. Identification of the intended reuse site at which the excess soil or excavated engineered aggregate to be stored at the Class 2 soil management site will be deposited for final placement.

ii. If consent is required under paragraph 1, confirmation that the consent mentioned in that paragraph has been obtained.

(2) Paragraph 2 of subsection 21.1 (6) of the Regulation is amended by striking out “depot” at the end and substituting “site”.

(3) Paragraphs 3 to 6 of subsection 21.1 (6) of the Regulation are revoked and the following substituted:

3. That the record mentioned in paragraph 2 of subsection (3) is made available while the excess soil or excavated engineered aggregate is stored.

4. Subject to subsection (7), that the excess soil or excavated engineered aggregate is deposited for final placement at a reuse site no later than two years after the excess soil or excavated engineered aggregate is first deposited at the Class 2 soil management site.

5. That records in respect of the deposit and management of excess soil or excavated engineered aggregate at the Class 2 soil management site and any excess soil or excavated engineered aggregate that is removed from the site are created in accordance with the Soil Rules and are retained at the site.

6. That any other requirements set out in the Soil Rules with respect to the deposit and management of excess soil or excavated engineered aggregate at a Class 2 soil management site are met.

(4) Clauses 21.1 (7) (a) and (c) of the Regulation are amended by striking out “excess soil” wherever it appears and substituting in each case “excess soil or excavated engineered aggregate”.

19. (1) Subsections 21.2 (1) to (3) of the Regulation are revoked and the following substituted:

Class 2 soil management site, notice requirements

(1) In this section,

(3) The project leader or the operator of the site shall provide written notice to the Director in accordance with subsection (4) before the excess soil or excavated engineered aggregate begins to be deposited at the site.

(2) Paragraphs 2 and 5 of subs 21.2 (4) of the Regulation are amended by striking out “excess soil” wherever it appears and substituting in each case “excess soil or excavated engineered aggregate”.

20. Section 21.3 of the Regulation is revoked and the following substituted:

Closure

21.3 (1) This section applies to a Class 2 soil management site at which the management of dry excess soil or excavated engineered aggregate is exempt from sections 27, 40 and 41 of the Act under section 21, if the site closes permanently.

(2) The project leader for the project from which the excess soil or excavated engineered aggregate was excavated or the operator of the site shall,

(a) ensure that all excess soil and excavated engineered aggregate is removed from the site before the closure of the site; and

(b) provide written notice of the closure, including the information described in subsection (3), to the Director within 90 days after the closure of the site.

(3) For the purposes of clause (2) (b), the notice must include the following:

1. The location of the site.

2. The date of the closure.

3. Confirmation that all excess soil and excavated engineered aggregate has been removed from the site.

21. (1) Subsection 21.4 (7) of the Regulation is revoked and the following substituted:

(7) Despite there being no authority under Regulation 347 for waste to be processed at a local waste transfer facility, if the person who owns or controls the local waste transfer facility is a public body or a project leader in respect of an infrastructure project, the following rules apply:

1. Any excess soil stored at the local waste transfer facility may be processed at the facility by any method specified in subsection 6 (3) and subsection 6 (6) applies, with necessary modifications.

2. If the method specified in paragraph 8 of subsection 6 (3) is used to process excess soil and the substance or other material used for mixing contains a natural or synthetic polymer, subsections 6.1 (3) to (6) apply with necessary modifications.

3. Any excavated engineered aggregate and other waste mentioned in subparagraphs 2 i to vii of subsection 7 (2) stored at the local waste transfer facility may be processed at the facility for the purpose of creating a recycled engineered aggregate by a method mentioned in paragraph 1, with necessary modifications, or a method mentioned in subparagraph 3 iii of subsection 7 (2), with necessary modifications.

(2) Subsection 21.4 (8) of the Regulation is amended by striking out “leaves the facility” and substituting “is removed from the facility”.

22. (1) Section 22 of the Regulation is revoked.

(2) The Regulation is amended by adding the following section:

Landfilling site or dump

22. (1) Subject to subsection (2), no person shall deposit, or cause, permit or arrange for the deposit of excess soil at a landfilling site or dump if the excess soil meets the soil quality standards set out in the Excess Soil Standards for the purposes of this subsection.

(2) Subsection (1) does not apply if the excess soil will be used for daily cover, final cover, the construction of roads or berms or to support any other type of ancillary use that supports the operation of the landfilling site or dump.

(3) Despite subsection (1), the deposit of excess soil described in that subsection is permitted at a landfilling site or dump if a qualified person has,

(a) determined that, because one of the criteria set out in subsection (4) applies, it would be inappropriate to deposit the excess soil for final placement at a reuse site;

(b) completed a declaration in accordance with subsection (5), stating the determination; and

(c) given the declaration to the owner or operator of the landfilling site or dump at which the excess soil is deposited.

(4) For the purpose of clause (3) (a), the determination of the qualified person must be based on a finding that one of the following criteria applies:

1. The excess soil contains a parameter for which there is no applicable excess soil quality standard and there are reasonable grounds to believe the final placement of the excess soil at a reuse site may cause an adverse effect.

2. The excess soil contains invasive species that should not be relocated to a location other than a landfilling site or dump.

3. Both of the following criteria apply:

i. Due to the physicochemical characteristics of the excess soil, the excess soil is not suitable for reuse as structural fill at a potential reuse site.

ii. Despite reasonable efforts having been made by the owner or operator of the site at which the excess soil was loaded for transport to identify a reuse site at which the excess soil could be used for other beneficial purposes, no such reuse site has been identified.

(5) For the purpose of clause (3) (b), the declaration must include the following information:

1. The amount of excess soil to be deposited at the landfilling site or dump.

2. The location of the site at which the excess soil was loaded for transportation to the landfilling site or dump.

3. Which of the criteria set out in subsection (4) applies and an explanation of how it applies.

4. The name and contact information of the qualified person who is providing the declaration.

23. Subsection 23 (1) of the Regulation is amended by adding “written” before “procedure”.

24. Section 24 of the Regulation is amended by,

(a) striking out “paragraph 4 of subsection 3 (2)” and substituting “paragraph 5 of subsection 3.1 (1)”; and

(b) striking out “landscaping soil depot, residential development soil depot” and substituting “depot”.

25. (1) Subsection 28 (1) of the Regulation is amended by striking out “(3) and (5)” in the portion before paragraph 1 and substituting “(3), (5) and (6)”.

(2) Section 28 of the Regulation is amended by adding the following subsection:

(6) A person mentioned in subsection (1) who acquires a declaration completed by a qualified person under subsection 22 (3) shall retain the declaration for a period of at least two years after the day that the excess soil was deposited at the landfilling site or dump.

26. (1) Paragraph 1 of section 6 of Schedule 2 to the Regulation is amended by striking out “an undertaking related to infrastructure” at the end and substituting “an infrastructure project”.

(2) Paragraph 2 of section 6 of Schedule 2 to the Regulation is revoked and the following substituted:

2. The project leader for the infrastructure project intends, after removing the excess soil from the project area, to deposit it for final placement at a reuse site that is owned by the project leader or a public body and that is part of an infrastructure undertaking.

Ontario Regulation 550/24

27. Subsection 1 (2) of Ontario Regulation 550/24 is revoked.

Commencement

28. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Subsection 22 (2) comes into force on January 1, 2027.