EJQ7 - Winter 2026 - Journal - Page 31
soil reused within large, multi-area infrastructure initiatives, such as
highways or transit projects, will not be designated as waste, provided
the reuse occurs within contiguous project areas. Similarly, soil that is
temporarily removed and later returned to the same project area will not
be considered waste upon its return. The amendments also address soil
handling during tunneling projects, con昀椀rming the applicable sampling
requirements when substances are added during excavation.
Consultation outcomes and implementation
Quali昀椀ed persons are now authorized to reduce sampling frequencies
for non-contaminant parameters, provided they document a supporting
rationale.
All October 2025 amendments took e昀昀ect upon 昀椀ling, aside from the land昀椀ll restriction
for “cleaner” soil which is scheduled for January 1, 2027. Additional implementation
guidance and updated Soil Rules materials are forthcoming on the Handling Excess Soil
website. MECP plans to provide additional education to support greater understanding
and promote consistent application across municipalities and industry sectors.
In addition, the regulation clari昀椀es that excess soil placed on the bed of
a water body at a reuse site is not considered waste if it does not cause
an adverse e昀昀ect. The MECP further con昀椀rmed that “cleaner” soil may
still be sent to land昀椀ll when it is unsuitable for structural reuse due to its
physicochemical characteristics. Finally, an obsolete cross-reference in
Regulation 347 General Waste Management, has been removed to eliminate redundancy related to excess soil already excluded from the waste
designation.
The MECP received 79 submissions from municipalities, industry, consultants, and
advocacy groups. Broad support was expressed for the regulatory 昀氀exibility and reuse
provisions, with some concerns regarding oversight, soil quality veri昀椀cation, and
public transparency. Adjustments were made accordingly, particularly around depot
regulation, sampling 昀氀exibility, and coordination among public infrastructure projects.
Janet Bobechko is a Certi昀椀ed Specialist in Environmental Law
and a nationally recognized senior practitioner with extensive
experience in all aspects of environmental law, climate change and
sustainability, including supply chain transparency. Sophie Porter
is a Student-At-Law. They are both practicing at WeirFoulds LLP.
E N V I RON M E N T J OURN A L QUA RT E RLY RE PORT • W I N T ER 2 02 6 • P AGE 3 1
