HOW THE EXCHANGE HELPS
Ontario excess soil requirements at a glance
Ontario Regulation 406/19 and the incorporated Soil Rules set requirements for many projects that generate or receive excess soil. The steps depend on the project, the material, the proposed use and applicable exceptions. This overview is an orientation, not a legal opinion or project-specific compliance review.
Scope of Ontario Regulation 406/19
Ontario Regulation 406/19, On-Site and Excess Soil Management, works with the Soil Rules to address how excess soil is managed when removed from a project area. Depending on the facts, requirements may include planning, sampling and analysis, soil characterization, assessment of a reuse site, tracking and record keeping. The regulation has definitions, exclusions and exceptions, so the first step is to determine whether the material and project are within scope. A label such as clean fill, native soil or excess soil does not by itself determine which requirements apply. The Ministry of the Environment, Conservation and Parks (MECP) publishes the regulation, Soil Rules and practical fact sheets. A project team should use current official materials and assess its own facts rather than relying on a potential commercial connection.
Source sites: plan before excavation
The source site is the project area where soil is excavated. The party responsible for the project should identify anticipated volumes, the excavation and reuse schedule, available soil information, and the potential destination before material leaves. Depending on the project, this can involve a planning document, assessment of past uses, sampling, analytical testing and tracking records. Some projects may qualify for an exception or have different requirements; exceptions should be checked against the actual regulation and facts. Keep reports, manifests or other records required for the project. A source-site inquiry on this exchange simply records basic commercial information so a possible connection can be explored. It does not characterize the soil, complete a project plan or satisfy a regulatory duty.
Reuse sites: identify a beneficial purpose
A receiving location should have an identified beneficial purpose connected to an undertaking. The amount of soil should be no more than needed for that purpose, and the soil quality must be appropriate for the site and use under the applicable rules. The receiving operator needs to define the placement area, capacity, schedule, site conditions and acceptance criteria. Depending on the site and proposed use, the rules may call for assessment, a Qualified Person's involvement, specific records or other steps. A project does not become beneficial reuse simply because soil is placed on land or because the receiving site wants fill. The operator must consider the actual use, material, quantity and destination conditions before accepting a proposed source.
Table 2.1 and Table 5.1 are not interchangeable labels
The Soil Rules contain soil quality tables used in different contexts. Table 2.1 includes generic excess soil quality standards for specified circumstances, while Table 5.1 is part of the rules for certain stratified non-potable groundwater conditions. Other tables and site-specific approaches may also be relevant. A table number by itself does not establish that a load is acceptable: the applicable table depends on site conditions, groundwater use, project facts and the proposed beneficial purpose. Analytical data must be interpreted against the correct standard and any applicable instrument or approval. Receiving operators should document the criteria they use and assess each source against those criteria. If the setting is uncertain, get qualified technical advice before arranging movement.
Written consent and the receiving operator's decision
The regulation and Soil Rules set conditions that may include written consent from the reuse-site owner or operator before excess soil is deposited. Consent should identify what material, quantity, timing and use are being accepted, along with any conditions the parties need to follow. A preliminary match is not written authorization. The receiving operator should confirm site capacity and the required documents before trucks are dispatched. Source and receiving parties should also agree on commercial terms, responsibilities for transport, testing, rejected loads, records and communications. The exact legal requirements vary, so check the current provisions for the project instead of assuming every movement follows the same process.
Qualified Person roles and project responsibilities
A Qualified Person (QP) is a defined professional role under Ontario's environmental rules, including the requirements referenced by O. Reg. 406/19. A QP may be required to prepare or review assessments, interpret analytical results, establish site-specific requirements or provide a declaration in circumstances set by the rules. QP involvement is not a blanket substitute for the Project Leader's responsibilities, receiving-site consent or any required approvals. Nor does every inquiry submitted to this exchange receive QP review. Confirm whether a QP is required for your project, what scope they are engaged to perform and who will rely on their work. This website does not identify itself as the QP of record for submitted projects.
RPRA Registry notices and filings
The Resource Productivity and Recovery Authority (RPRA) administers the Excess Soil Registry. Registry notices or filings are required only in the circumstances prescribed by the regulation and related requirements; it is not correct to assume that every excess soil movement must be filed. Project teams should check whether their project, source or reuse-site activity triggers a Registry obligation, who is responsible for the notice, and what records must be maintained. The Ontario Excess Soil Exchange is an independent commercial inquiry service. It is not the RPRA Excess Soil Registry, is not operated by the Government of Ontario and does not submit a Registry filing on a user's behalf.
Dated update: landfill restriction from 1 January 2027
As of 1 January 2027, Ontario's rules restrict landfilling excess soil that meets the Table 2.1 RPI standard or is cleaner, subject to specified exceptions and permitted uses under the regulation. The restriction is a landfill management rule; it does not mean that all soil can be reused anywhere, that testing can be skipped, or that an unapproved destination may accept it. Project teams should review the current regulation and MECP guidance for the exceptions, such as certain landfill uses, and determine whether reuse is technically and legally appropriate. Plan a lawful destination early, confirm requirements with the relevant parties and do not treat the date as authorization for a particular soil movement.
Matching service scope and project responsibilities
We review source project and receiving-site inquiries and may help parties explore a potential connection, especially across Niagara, Hamilton and the Greater Toronto Area. There is no fee to submit a source project inquiry; receiving-partner commercial terms are agreed separately. The exchange is an independent service and does not act as a regulator, laboratory, hauler, receiving-site operator or project QP. We do not certify analytical results, approve a beneficial purpose, guarantee acceptance, arrange permits, or authorize excavation, transport or placement. Before material moves, the project parties must complete the applicable technical, regulatory, commercial and written-consent steps for their own circumstances. Use the inquiry form to describe a potential project; do not upload confidential reports until the team requests an appropriate secure method.