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On October 23, 2025, Ontario enacted its tenth amendment to the On-Site and Excess Soil Management Regulation (the "Regulation") under the Environmental Protection Act since its enactment nearly six years earlier in December 2019. These frequent amendments result from the adjustment of the construction industry and the Ontario Ministry of Environment, Conservation and Parks (the "Ministry") to a regime that imposes significant requirements around the movement of soil at project sites. In response to the practical realities of compliance, the Ministry has, in some instances, made changes to the excess soil regime to accommodate industry challenges.
The Ministry introduced these new amendments to the Regulation by way of an amending regulation (O. Reg. 235/25) as well as corresponding changes to the Rules for Soil Management and Excess Soil Quality Standards (the "Soil Rules"). The amendments discussed in this bulletin were initially proposed on October 18, 2024 (see our previous bulletin on the Ministry's proposal) and were finalized following a public comment period.
For more information on Ontario's excess soil regime and a description of the capitalized terms used below and defined in the Regulation, please read our bulletins on Phase 1 of the Regulation, Construction Contract Implications, Phase 2 of the Regulation, the amendments to the Regulation that came into force on January 1, 2023, and the amendments that came into force on April 23, 2024.
The October 2025 Amendments
Delayed Prohibition on Landfilling Types of Excess Soils
The amendments push the date for the prohibition on the deposit of excess soil at landfilling or dump sites back to January 1, 2027. Starting January 1, 2027, excess soil must meet certain criteria in order to be dumped at such sites, specifically: (1) a qualified person ("QP") must make a declaration regarding the quality of the excess soil; and (2) it must be used for daily cover, final cover, the construction of roads or berms or to support any other type of ancillary use that supports the operation of the landfilling site or dump.
The QP's declaration must be based on a finding that one of the following apply:
- The excess soil contains a parameter for which there is no applicable excess soil quality standard and the final placement of the soil at a reuse site may cause an adverse effect;
- The excess soil contains invasive species that should not be relocated; or
- Reuse of the excess soil at a reuse site for structural purposes is not possible due to its geotechnical instability and a reuse site that may use the soil for other beneficial purposes has not been located after reasonable efforts.
Removal of Requirements for Environmental Compliance Approvals for Certain Third-Party Storage and Processing
Environmental compliance approvals ("ECAs") are no longer required for low-risk, third party storage and processing at aggregate reuse depots. The amendments proposed in October 2024 contained exemptions for aggregate reuse depots as well as small liquid soil depots,1 however, the final amendments only exempt aggregate reuse depots.
The amendments provide particulars of the requirements for these aggregate reuse depots, including allowed and prohibited materials, requirements for processing, permitted storage time, and quantity and notice requirements.
Increased Flexibility for Reuse of Certain Excess Soil
The amendments provide greater flexibility for the reuse of recycled engineered aggregate materials and stormwater management pond ("SWMP") sediment that are being reused as engineered aggregate or in an infrastructure undertaking. For these materials, the excess soil standards for asphalt contamination are deemed to be met once certain criteria are satisfied. These criteria include requirements for beneficial use and final placement.
In general, soil that exceeds excess soil standards solely due to contamination from asphalt (i.e., asphalt-impacted excess soil) must be finally placed in an area covered by asphalt. SWMP sediment that is asphalt-impacted may be finally placed within the road right-of-way associated with the road.
Where excess soil and recycled engineered aggregate come from an infrastructure project, the excess soil standards are met if exceedances are within the range of naturally occurring concentrations in the area of excavation. The Soil Rules were also amended to specify how to determine whether exceedances are exclusively asphalt-related or not.2
The amendments will be of benefit to aggregate producers, allowing them to stockpile and sell a greater diversity of aggregate product. This is consistent with the provincial emphasis on ensuring that as much aggregate as possible is made available as close to market as possible.3 It will also benefit public authorities responsible for road construction and repair, which in turn should help reduce costs for taxpayers in the Province.
Increased Reuse Between Infrastructure Project Areas and Infrastructure Reuse Sites
The amendments provide for greater reuse of soils that are not known to be, or are not likely to be, contaminated between infrastructure projects of the same type and where the project leader and reuse site owner/operator are the same person or where both entities are public bodies. In such case, excess soil will not be deemed waste. The Soil Rules set out what infrastructure projects are considered the same type for the purposes of this amendment.4
Reduced Reuse Planning Requirements Between Infrastructure Projects
The amendments create an exemption for most planning requirements when soil is moved from an infrastructure project area to an infrastructure reuse site. Each site must be owned by a different project leader and the reuse site owner cannot be a public body. In these situations, the project leader is exempt from all reuse planning requirements with the exception of the requirement to file a notice in the Excess Soil Registry.5
In-Situ Sampling for Stormwater Management Pond Sediment
The amendments allow for in-situ sampling of SWMP sediment (as opposed to only stockpile sampling) in order to reduce the time and cost associated with characterization. The in-situ sampling frequencies and parameters are set out in the Soil Rules.6
Additional Clarifications, Corrections and Consequential Amendments
Several additional clarifications and corrections were made by the amendments, including:
- Clarifications on the reuse of excess soil from a larger, single initiative composed of multiple smaller project areas with the same project leader that will be adjoining when the initiative is completed (e.g., excess soil excavated from such a smaller project area may not be designated as waste);
- Clarification that soil that is removed from and then returned to the same project area is not designated as waste (subject to conditions);
- Clarification on requirements for adding substances to soil for excavation for tunnelling projects;
- A reduction in the minimum sampling frequencies required by the Soil Rules where, in the opinion of the QP, the contaminants are not of potential concern (subject to conditions);
- Clarification that excess soil placed on the bed of a body of water at a reuse site does not need to meet applicable quality standards to not be designated as waste;
- Clarification that excess soil may be brought to a landfill or dump if it cannot be reused as structural fill at a reuse site; and,
- Removal of a cross-reference to the Waste Management Regulation regarding excess soil not already designated as waste.
Next Steps
All of the amendments discussed herein came into effect in October 2025, with the exception of the landfilling restriction amendment, which will come into effect on January 1, 2027.
The Ministry further intends to develop regional background standards and map out areas with naturally occurring substances that exceed the excess soil standards to allow for better reuse of excess soil from these regions. The Ministry will publish further information as this project develops.7
Footnotes
1 Ontario, Ministry of the Environment, Conservation and Parks, Enabling greater beneficial reuse of excess soil (Environmental Registry of Ontario, 24 October 2025) ["Ministry of the Environment, Conservation and Parks, Excess Soil"].
2 Ibid.
3 Ontario, Ministry of Municipal Affairs and Housing, Provincial Planning Statement, 2024, s 4.5.2(1).
4 Ministry of the Environment, Conservation and Parks, Excess Soil, supra note 1.
5 Ibid.
6 Ibid.
7 Ibid.
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 2025
