Insights Header image
Insights Header image
Insights Header image

Ontario Proposes to Postpone Implementation of Phase Two of the Excess Soil Regulation

March 15, 2022 Environmental, Construction, Municipal & Land Use Planning Bulletin 2 minute read

Update (April 29, 2022): On April 21, 2022, the Ontario Ministry of the Environment, Conservation and Parks published its decision to suspend certain parts of the Regulation until January 1, 2023. For more information, see our bulletin here.

On March 11, 2022, the Ontario Ministry of the Environment, Conservation and Parks published a proposal to delay the implementation of Phase Two of the On-Site and Excess Soil Management Regulation (the “Regulation”)[1] under the Environmental Protection Act,[2] which took effect on January 1, 2022: Implementation Delay of Excess Soil Requirements in Effect January 1, 2022.

The proposal, if passed, would delay the implementation of Phase Two provisions of the Regulation that came into effect at the beginning of 2022 until January 1, 2023. The stated reason for the proposed delay is to “provide more time for gradual implementation and better understanding of the regulation”. Comments on this proposal are being accepted until April 10, 2022, and can be submitted online or by mail.

The Regulation imposes detailed obligations for the handling of excess soils, which should be distinctly addressed in all contracts entered into for a project relating to excess soils. For information on Phase One and Two of the Regulation and how to prepare and plan your project in compliance with the Regulation, please see our previous bulletins, The Quick and Dirty on Ontario’s New Excess Soil Regulations and The Quick and Dirty on Phase Two of Ontario’s Excess Soil Regulation. For more information regarding how to ensure your construction contracts align with the new excess soil regime, please see our previous bulletin, Ontario’s New Excess Soil Regulations – Construction Contract Implications.

[1] On-Site and Excess Soil Management Regulation, O. Reg. 406/19 [Regulation].
[2] Environmental Protection Act, R.S.O. 1990, c. E.19.

by Talia Gordner, Annik Forristal and Kailey Sutton

A Cautionary Note

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.

© McMillan LLP 2022

Insights (5 Posts)View More

First pilot project in Quebec aimed at granting an advantage to enterprises hiring indigenous peoples for the performance of a public contract

First pilot project in Quebec aimed at granting an advantage to enterprises hiring Indigenous peoples to perform a public contract.

Read More
Apr 18, 2024
Featured Insight

Introducing Bill 185, the Cutting Red Tape to Build More Homes Act, and an Update on the New Provincial Planning Statement

On April 10, 2024, Ontario’s provincial government introduced new legislation in its quest to “cut red tape”, speed up government processes, and meet its goal.

Read More
Apr 17, 2024
Featured Insight

Consumer-Driven Banking is (almost) Here! Highlights from Budget 2024

On April 16, the Government of Canada released its 2024 budget which includes the promise of new legislation this spring to implement open banking in Canada.

Read More
Apr 17, 2024
Featured Insight

Ontario Employers Beware: Common Termination Language Held Unenforceable

Ontario's Superior Court of Justice found that a termination clause was unenforceable because it gave the employer discretion to terminate "at any time".

Read More
Apr 16, 2024
Featured Insight

Warning For Businesses: Companies Can be Liable for Tort of Bribery Even if They Did Not Intend to Pay or Receive a Bribe

Businesses with a duty to provide impartial advice must take steps to ensure the payments they make or receive are not later interpreted as bribes.

Read More
Apr 12, 2024