If you’re planning a construction or renovation project on your property, you might be dealing with excess soil—the soil that is excavated and needs to be removed from your site. Ontario has introduced new regulations over the last couple of years aimed at ensuring that this soil is managed responsibly. These regulations, under Ontario Regulation 406/19, govern how excess soil should be handled, tested, and reused to prevent environmental harm and avoid unnecessary disposal costs.
For homeowner projects, excess soil refers to any soil that is excavated during activities such as digging foundations, landscaping, or installing a pool. This soil may be reusable, but in some cases, it might contain contaminants, especially in urban or industrial areas.
Key changes in Ontario’s excess soil regulations
The new regulations, introduced in phases beginning in 2021, aim to enhance excess soil management and reduce the negative impacts of improper soil handling. The requirements differ depending on the volume of excess soil.
For smaller projects like home renovations, residential developments, or minor landscaping (less than 100 m³ of excess soil), they are generally exempt from many regulatory requirements, however the owner is still responsible for ensuring the soil is not contaminated. If you are unsure about the impacts of the below on your project, reach out to a qualified professional to assess.
Here are some important changes that homeowners and contractors should be aware of:
1. Soil reuse is encouraged but must meet standards
Excess soil can now be reused for various purposes, such as backfilling, landscaping, or site grading, provided it meets Ontario’s environmental quality standards. Before soil can be reused, it must be tested for contaminants to confirm it is safe by a qualified professional. If the soil is deemed clean, it avoids classification as waste and can be reused on another site. This not only reduces the amount of soil sent to landfills but also cuts down on disposal costs.
2. Documentation and tracking requirements
Projects that generate excess soil must now maintain detailed records of where the soil comes from and where it is going. This helps prevent illegal dumping and ensures that contaminated soil is handled appropriately. Homeowners working on larger projects should confirm that their contractors are complying with these documentation rules. One thing to note for homeowners having smaller projects completed is that filing a tracking notice on the Excess Soil Registry System is not mandatory where the quantity is less than 100 cubic meters.
3. Qualified environmental professionals are required
The regulation mandates the involvement of a Qualified Person (QP), such as an environmental engineer, to assess the soil for contaminants and ensure compliance with standards. For larger projects, homeowners may need to hire a QP to test the soil and confirm it meets the necessary quality requirements before reuse.
4. Reuse planning and reporting
Larger projects generating more than 2,000 cubic meters of excess soil are required to file notices in the Excess Soil Registry and prepare a reuse plan before any soil is removed from the site. This plan must be created by a QP and include details on the soil’s quality, how it will be managed, and where it will be deposited.
5. Restrictions on land-filling of reusable soil
Starting in January 2025, excess soil that meets Ontario’s quality standards will be prohibited from being sent to landfills. The intention is to keep reusable soil out of landfills and ensure it is put to beneficial use, such as for landscaping or construction fill at other sites.
For homeowners, Ontario’s new excess soil regulations offer several important benefits.
One of the key advantages is cost savings, as reusing soil that meets environmental standards helps avoid costly landfill disposal fees, which can significantly reduce expenses, particularly for larger projects like renovations or new home construction. By adhering to the rules, homeowners contribute to a more sustainable construction process.
Additionally, legal compliance is another critical factor, as non-compliance with the regulations can lead to fines and penalties. Ensuring soil is tested and handled correctly safeguards homeowners and contractors from potential liability. Finally, the regulations enhance project efficiency by requiring soil management plans that prevent delays caused by improper disposal or unexpected contamination, keeping projects on track and within budget.
How environmental engineers or geo-scientists can help
Environmental engineers play a key role in helping homeowners and contractors comply with these regulations. A QP can handle the technical aspects of soil testing, management, and documentation, ensuring that the project remains compliant with Ontario’s environmental standards.
In cases where soil cannot be immediately reused, qualified professionals can also assist in developing solutions such as temporary storage or processing methods to prepare the soil for future use. Their expertise helps homeowners minimize both environmental impact and project costs.
Ontario’s new excess soil regulations emphasize sustainability, safety, and responsible soil management. Homeowners embarking on construction or renovation projects must be aware of these rules, especially if their projects involve significant excavation. By working with qualified professionals and ensuring compliance, homeowners can save money, reduce environmental impacts, and complete their projects with confidence.
If there is any uncertainty about how these regulations apply to a specific project, consulting with a qualified professional is the best course of action to ensure all soil is handled safely and follows the regulatory requirements.
LRL Engineering is a multidisciplinary engineering firm headquartered in Ottawa, offering services that support your needs for your next building, infrastructure, or land development project.
