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ARTICLE · 15 MAY 2018

Ontario To Regulate Excess Soil

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The Ontario Ministry of the Environment and Climate Change has taken the next step towards a brand new regulatory regime that will dramatically affect the construction and real estate sectors.

CanadaEnvironment

The Ontario Ministry of the Environment and Climate Change has taken the next step towards a brand new regulatory regime that will dramatically affect the construction and real estate sectors. The Ministry has posted for comment a draft On-site and Excess Soil Management Regulation (Draft Regulation), which would come into effect on January 1, 2020 and January 1, 2021.

While the movement and disposal of contaminated soil has been regulated for many years, Ontario will become the first jurisdiction in Canada to regulate clean excess soil that cannot be reused at a construction site.  Excess soil will be designated as a "waste" if it leaves a construction site unless it is reused in accordance with rules in the new Regulation, including the reuse of the soil for a beneficial purpose.

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