𝗢𝗻𝘁𝗮𝗿𝗶𝗼’𝘀 𝗘𝘅𝗰𝗲𝘀𝘀 𝗦𝗼𝗶𝗹 𝗟𝗮𝗻𝗱𝘀𝗰𝗮𝗽𝗲 𝗝𝘂𝘀𝘁 𝗦𝗵𝗶𝗳𝘁𝗲𝗱—𝗔𝗴𝗮𝗶𝗻.

The October 2025 amendments to O.Reg 406/19 have introduced critical flexibility for the construction and development sectors. Here are some of the more notable changes consultants should be aware of:

• 𝗟𝗮𝗻𝗱𝗳𝗶𝗹𝗹 𝗥𝗲𝘀𝘁𝗿𝗶𝗰𝘁𝗶𝗼𝗻 𝗗𝗲𝗹𝗮𝘆: The deadline for the restriction on depositing “cleaner” excess soil (soil meeting Table 2.1) at landfills has been postponed from January 1, 2025, to January 1, 2027. This provides the industry with a crucial two-year extension to adapt.

• 𝗔𝗴𝗴𝗿𝗲𝗴𝗮𝘁𝗲 𝗥𝗲𝘂𝘀𝗲 𝗗𝗲𝗽𝗼𝘁𝘀 𝗘𝘅𝗲𝗺𝗽𝘁𝗶𝗼𝗻: Facilities that accept excess soil primarily for the purpose of producing and storing recycled engineered aggregate and then reuse them are now conditionally exempt from needing a waste Environmental Compliance Approval (ECA). This exemption applies if they meet specific criteria, including registering the site and having oversight from a Qualified Person (QP).

• 𝗦𝘁𝗿𝗲𝗮𝗺𝗹𝗶𝗻𝗲𝗱 𝗜𝗻𝗳𝗿𝗮𝘀𝘁𝗿𝘂𝗰𝘁𝘂𝗿𝗲 𝗣𝗿𝗼𝗷𝗲𝗰𝘁 𝗧𝗿𝗮𝗻𝘀𝗳𝗲𝗿𝘀: Soil moved between separate infrastructure projects (e.g., from one road construction site to another) under the same project leader or public bodies is now subject to reduced administrative and planning requirements. In these specific scenarios, the soil is not designated as waste, drastically simplifying the process.

• 𝗦𝗪𝗠𝗣 𝗦𝗲𝗱𝗶𝗺𝗲𝗻𝘁 𝗮𝗻𝗱 𝗔𝘀𝗽𝗵𝗮𝗹𝘁-𝗜𝗺𝗽𝗮𝗰𝘁𝗲𝗱 𝗦𝗼𝗶𝗹 𝗙𝗹𝗲𝘅𝗶𝗯𝗶𝗹𝗶𝘁𝘆: New provisions allow for the more straightforward reuse of stormwater management pond (SWMP) sediment and asphalt-impacted soil. For SWMP sediment, in-situ sampling is now permitted, removing the requirement to stockpile the material before testing.