MOECC has posted second Soil Management Regulatory Proposal on EBR

The new posting is EBR (No. 013-0299). Changes made to the proposal include a revised approach to waste designation, regulatory details moved to guidance, phased in transition time for key regulatory requirements, several of the proposed amendments to O.Reg 153/04 would come into effect sooner, and further flexibility with the Site Specific Beneficial Reuse Tool.

OSSGA's comments the initial proposals can be found below

Comments will be accepted until June 15, 2018.  OSSGA’s Environment Committee will be reviewing the revised proposal and preparing comments – if you have any questions or concerns, contact Ashlee Zelek at

Excess Soil Guidance for Aggregate Producers

In 2017 OSSGA has submitted comments in response to MOECC's proposed regulations on excess soil.  Please see below for links to both the proposed regulations and OSSGA's response.


We are also in the process of developing a new resource in this area called the OSSGA Excess Soil Management Guidance for Aggregate Producers.


If you are interested in this ongoing project, please contact Ashlee Zelek at


OSSGA strongly supports sustainable excess soil management and believes that the new excess soil management regulatory proposal is generally in line with OSSGA’s vision of environmentally responsible resource use. OSSGA is particularly interested in soil quality stewardship since many rehabilitation plans mandated through the Aggregate Resources Act (ARA) are dependent on the receipt of "clean" fill. However, in the following sections we provide comments and recommendations to improve the proposed regulations as they pertain to the aggregate industry...

This document contains a plain-language description of proposed regulations that would be made under the Environmental Protection Act (EPA) related to the management of excess soil. It is therefore a regulation proposal under the Environmental Bill of Rights, 1993, S.O. 1993, c. 28 (EBR) and is being posted for public comment for a 60-day comment period. Though some of the wording in the document may appear like draft regulatory language, the document is not intended to convey the precise wording of provisions that may appear in the proposed EPA regulations. Instead the document is intended to convey the policy directions that will guide and inform the drafting of these EPA regulations. The MOECC will be using the feedback it receives on this proposal to draft the final regulations.

Excess soil is a result of intensive land development across the province. While cities continue to grow, proper excess soil management is necessary to protect human health and the environment.

Many organizations in Ontario are working to improve the management of excess soil through their own activities (including industry best management practices, conservation authority guidelines, municipal pilot projects, qualified person guidance and soil matching programs). The province developed the proposed Excess Soil Policy Framework to protect human health and the environment from inappropriate relocation of excess soil and enhance opportunities for the beneficial reuse of excess soil.

Letter to Ministry of the Environment and Climate Change in response to Environmental Bill of Rights posting of Framework.


OSSGA Policy Papers and Submissions