In December, the Ministry of Environment, Conservation & Parks (MECP) released a final excess soils regulation under the Environmental Protection Act as well as an amendment to the Record of Site Condition (brownfields) regulation 153/04 in a package of regulatory amendments generally supported by OHBA.  The intent was to make it safer and easier for more excess soil to be reused locally by clarifying rules for managing and transporting excess soil.  Full details on the announcement can be found here.

The MECP has made an announcement that it recognizes the impact COVID-19 has had on the regulated community and that it recognizes that in some cases temporary relief from certain regulations may be needed to maintain operations and to support quick response to emergencies.

The MECP has announced it will temporarily delay the implementation of the first phase of requirements under the new Excess Soil Regulation by six months, from July 1, 2020 to January 1, 2021.  This delay will give developers and municipalities more time to gradually implement the new regulation while prioritizing their COVID-19 response.

The MECP has also amended O. Reg. 153/04 to exempt temporary health or residential facilities, such as temporary hospitals or shelters, from needing a Record of Site Condition (RSC) before being established in response to an emergency.  This amendment would remain in place and apply to any future emergencies.  These amendments respond directly to concerns raised by municipalities and industry regarding their ability to effectively maintain operations and establish facilities in response to an emergency.

For more information on these changes, please see this information notice.