Excess Soil Regulation Partial Pause Commences April 20, Until December 31, 2022 – What You Need To Know!

On March 11, 2022, the Ministry of Environment, Conservation and Parks posted on the Environmental Registry of Ontario ("ERO") a potential "pause" of certain requirements under the Excess Soil Regulation 406/19 (the "Regulation"). This came as a surprise as phase in of the additional  requirements had come into force on January 1, 2022 and parties were already adjusting their practices to be in compliance with the requirements. Admittedly, there was significant confusion about the requirements and many parties were unprepared. The ERO comment period was open for 30 days until April 10. The excess soil community appeared fairly equally divided as to whether or not the pause should take place and when, if successful, it would take effect given the start of an active construction season.