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ARTICLE · 23 JUNE 2021

Ontario's New Excess Soil Regulations – Construction Contract Implications

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On January 1, 2021, Phase One of Ontario's new On-Site and Excess Soil Management Regulation, O. Reg 406/19, and supporting amendments took effect under the Province's Environmental Protection Act.

CanadaReal Estate and Construction
Annik Forristal
Annik Forristal
Talia Gordner
Talia Gordner
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On January 1, 2021, Phase One of Ontario's new On-Site and Excess Soil Management Regulation,  O. Reg 406/19, and supporting amendments (the "Regulation") took effect under the Province's Environmental Protection Act ("EPA"). The Regulation introduces a new framework for the excavation, removal and transport of "excess soils" between two or more sites that will affect property owners, developers, consultants and the construction industry as a whole.

The details of the Regulation are described in our Environmental Law Bulletin of January 25, 2021, The Quick and Dirty on Ontario's New Excess Soil Regulations.

This bulletin focuses on how these changes may impact your construction contracts with a focus on the following five things you should know with respect to your existing and future construction contracts:

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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