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ARTICLE · 11 MAY 2023

Site Alteration: Digging Into Municipal Authority On Excess Soils, Ontario Bar Association

This paper provides an overview of site alteration by-laws in Ontario and the limits of their authority to regulate excess soils.

CanadaEnvironment

This paper provides an overview of site alteration by-laws in Ontario and the limits of their authority to regulate excess soils. As Ontario's On-site and Excess Soil Management regulation ("O. Reg 406/19") comes into force,1 municipalities are forced to revisit their existing site alteration by-laws and determine a framework for how best to manage and regulate soils excavated from construction sites in their borders.

Single-tier and lower-tier municipalities can both prohibit and regulate site alteration activities through a by-law.2 This authority also allows those municipalities to establish a permitting scheme for the above activities and impose various conditions to the issuance of these permits.3

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The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.

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