Ontario’s approach to managing excess soil is becoming more straightforward and flexible, thanks to Ontario’s Excess Soil Amendments to Ontario Regulation 406/19 that took effect in October 2025. These changes are designed to reduce administrative burdens and open up new opportunities for soil reuse, making day-to-day operations easier for municipalities, contractors, and infrastructure owners. Key highlights from these amendments are detailed below and further described in the Soil Rules Document.
One of the most significant updates is that aggregate reuse depots no longer require a waste Environmental Compliance Approval (ECA) if the material is destined for legitimate reuse and meets demand. This means that materials such as excavated aggregate, waste asphalt, glass, ceramics, concrete, brick and dry excess soil can be processed using simple, low-risk methods like aeration, mixing, and sorting. While record keeping, notification, and volume limit requirements apply, the process will be less restrictive and cumbersome.
Excess Soil Stockpile
The amendments also make it easier to reuse soil impacted by asphalt-related contaminants. Such soil can be reused in areas that will be covered by new asphalt, like roads and parking lots, provided there are no signs of other contamination. Sediment from stormwater management ponds with asphalt-related contaminants can also be reused in road rights-of-way, landscaping, and medians adjacent to asphalt roads.
Further amendments recognize the reality of naturally occurring contaminant concentrations in soil. If a Qualified Person (QP as per Ontario Regulation 153/04) can determine that higher contaminant levels are due to local background conditions and not contamination, the soil can be reused. The province has indicated that regional mapping standards are currently in development to further support this approach.
For infrastructure projects, the amendments introduce greater flexibility in moving excess soil between projects, such as from one road project to another, removing time restrictions or the need for concurrent projects. If proper notice filing on the Excess Soil Registry, most reuse planning requirements are waived. These changes extend to a wide range of project types, including highways, transit, pipelines, water and sewage systems, stormwater and drainage works, and utility lines.Sampling and testing requirements have also been simplified: stormwater pond sediment can now be sampled in place, saving time and cost. QPs can reduce sampling frequency for parameters not considered contaminants, provided they document their rationale.
Finally, the ban on landfilling “clean” excess soil that meets residential or parkland standards has been postponed to January 1, 2027, giving municipalities and clients more time to adapt.
Bottom line: Ontario’s Excess Soil Amendments mean less paperwork, more flexibility, and greater potential for sustainable soil reuse. Municipalities and contractors can expect smoother operations and cost savings—while still protecting the environment.
A link to the new amendments can be found here: Regulation 406/19 Amendments, October 2025
For more details or support with your excess soil projects, contact GRIT Engineering Inc. to ensure project-specific compliance with the latest rules and regulations.