EJQ2 - Fall 2024 - Journal - Page 12
Multifaceted excess soil laws in Ontario
The foundation of Ontario’s excess soil regime is O. Reg 406/19: On-Site and
Excess Soil Management (Excess Soil Regulation), which came into force on
December 4, 2019. The Excess Soil Regulation is complemented by amendments to Ontario’s O. Reg. 153/04: Records of Site Condition, to two of Ontario’s waste management regulations (Reg. 347 and O. Reg. 351/12), and to
O. Reg 244/97 under Ontario’s Aggregate Resources Act.
In addition, the Excess Soil Regulation incorporates, by reference:
the Rules for Soil Management, called the “Soil Rules,” and within the
same document, generic Excess Soil Quality Standards; and,
the Bene昀椀cial Reuse Assessment Tool, called “BRAT,” which is a model
for developing site-speci昀椀c excess soil standards for reuse sites.
THE MASSIVE EGLINTON CROSSTOWN LRT
(LIGHT RAIL TRANSIT) PROJECT – WHICH PROVIDES A
MIDTOWN CONNECTION FOR 25 STOPS BETWEEN EAST AND
WEST TORONTO – INVOLVED THE MOVEMENT OF 1.5 MILLION
CUBIC METRES OF SOIL AND FILL. PROJECT TEAM: METROLINX,
INFRASTRUCTURE ONTARIO, CROSSLINX TRANSIT SOLUTIONS,
AND THE TORONTO TRANSIT COMMISSION.
This full suite of laws is referred to as “Ontario’s Excess Soil Laws.” Under
Ontario’s Excess Soil Laws, soil only becomes “excess soil” once it leaves
the source site (referred to as the “project area”). “Excess soil” is de昀椀ned
as “soil, crushed rock or soil mixed with rock or crushed rock, that has been
excavated as part of a project and removed from the project area for the
project.” A “project area” is a single property or adjoining properties on
which the project is carried out; O. Reg. 406/19, s 1(1).
E N V I RON M E N T J OURN A L QUA RT E RLY RE PORT • FA L L 2 02 4 • P AGE 1 2
