EJQ6 - Fall 2025 - Journal - Page 11
de昀椀nitely change over time, so we just have to accept the fact that we’re
learning as we go,” said Fogwill.
complex when you look at it individually, but if we can keep the intent
and focus, I think that’s where we can make some gains.”
The other thing to reinforce, he added, is that it’s not a one-size-昀椀tsall situation. “We have to recognize that soils in Western Canada are
di昀昀erent from soils in Southern Ontario or the St. Lawrence Lowlands,
with completely di昀昀erent chemistries. So, when you’re looking
at regulations, you have to take into account that not only are we
inconsistent from a jurisdictional point of view, we’re also inconsistent
from an ecological point of view as well.”
Meikle said the changes to the western rules were an attempt to get
focused on soil relocation and diverting soil from land昀椀lls and 昀椀ll
sites for reuse by making it more e昀케cient, and more cost-e昀昀ective to
consider. “It has created a way for soil generators to do this, but it puts
the onus on them to test for reuse,” said Meikle. He clari昀椀ed, however,
that many developers don’t have the time to consider the bene昀椀t;
instead, they’re looking for alternative disposal options, which can be
limited.
“There’s always going to be jurisdictional di昀昀erences,” concurred
Purves. “I think where we can make some headway is to keep the
intent behind why these things exist clearly in focus. With the Ontario
guidance, it was about making sure contaminated sites weren’t
transferred and making sure we weren’t moving contaminated soil to
clean sites. But I think we need to focus more on soil sustainability.”
He pointed out the overlap between contaminated sites work,
construction and clean soil management practices, as well as the waste
management guidance across the western provinces. “It’s all very
So how are contractors and developers managing the overlap and
addressing possible confusion between federal, provincial and local
jurisdictions?
“It’s been our experience that unless under treaty, Indigenous
communities view themselves as the regulator, but under the CSR,
BCMOE [Ministry of Environment] is very clear that they’re the ones
that have jurisdiction. So, it’s di昀케cult for Indigenous groups to come
to terms with this, because it starts to call into question their right
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