EJQ2 - Fall 2024 - Journal - Page 15
compliance. The introduction of public registries for excess soil projects
and transportation – the Soil Relocation Information System (BC), Traces
Quebec (QC), and the Excess Soil Registry (ON) – illustrates e昀昀orts taken
by each of these provinces to promote compliance with and improve enforcement of excess soil laws.
Great regulation of reuse sites – such as for high-volume reuse sites in
British Columbia under the Contaminated Sites Regulation – is aimed at
preventing contamination of land from deposit of excess soil.
Finally, Ontario’s forthcoming restrictions on depositing excess soil at
land昀椀lls (subject to exceptions outlined), could prompt other provinces to
adopt similar regulations that mandate the reuse of excess soil and diversion of soil from land昀椀lls.
Given the changing regulatory landscape for excess soil in Canada, it will be
imperative for industry stakeholders – including construction and waste
management industries, consultants, contractors, municipalities, landowners, and developers – to keep abreast of the latest provincial laws (and municipal by-laws, where applicable) relating to excess soil and site alteration.
In Ontario, the Ministry of Environment, Conservation and Parks (MECP)
has increased the frequency of inspections of projects involving excess soil,
from the project area, to haulers, to interim sites, and signi昀椀cantly, at reuse sites. The MECP can enforce Ontario’s Excess Soil Laws through issuance of orders and laying of charges (prosecutions).
Similarly, Ontario’s municipalities – pursuant to municipal site alteration
by-laws – have parallel jurisdiction to enforce their by-laws, including as
they relate to excess soil. At times, municipal enforcement happens concurrently with MECP enforcement.
Overall, the widening scope and depth of excess soil regulations across
Canada provides an opportunity for stakeholders to increase their enterprise in the excess soil industry in a manner that also promotes sustainable
stewardship. To capitalize on such opportunities, stakeholders should prioritize proactively staying abreast of, and implementing measures to ensure compliance with, these new laws.
Matthew Gardner is a partner and certi昀椀ed specialist in
environmental law, who was assisted by Connor Duprey, an
associate and Grace Ma, a summer student with Willms &
Shier Environmental Lawyers LLP.
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