Frequently Asked Questions

The regulation requires notices to be filed for three types of activities:

1. Notice filings for excess soil from Project Areas that can be made by a Project Leader or Authorized Person and may require retaining a Qualified Person. These notices will be required starting January 1^st, 2022, before soil that will become excess soil is removed from the Project Area. There will be two fillings for each notice:

1. An initial filing before the soil is removed, which will require the following information to be provided:

• • a description of the project and Project Area including the location of each property within the project area
  • the contact information of the Project Leader, Operator or Authorized Person and the person responsible for transportation, and if applicable, the qualified person
  • an estimated amount of the soil that will be generated broken down by quality standard
  • a list of substances/materials that were added to the soil
  • the location of temporary or final sites that the soil will be transported to
  • details of the Reuse Site(s) where the soil will be moved to
  • information on any peer review or certification processes if applicable
  • and a declaration by the Project Leader.

Exceptions

The Project Leader, Operator or Authorized Person may file a notice after soil that will become excess soil has been removed from the project area if:

• conducting the required sampling and analysis at the project area is impractical
• the soil is removed from the project area and delivered to a temporary site to conduct the required sampling, and
• the Project Leader, Operator or Authorized Person makes sure the required sampling is conducted as soon as the soil is delivered to the temporary site

If soil is removed before a notice is filed in the Registry, the Project Leader, Operator, or Authorized Person is required to ensure that the notice is filed in the Registry before the soil that has become excess soil is transported from the temporary site to the final site.

More information about when this type of notice filing is not required can be found under Schedule 2 of the regulation.

The Project Leader or Authorized Person is required to update notice filings that are no longer complete or accurate within 30 days after the day the person becomes aware that the information is no longer complete or accurate.

2. A final notice within 30 days after excess soil has been removed from the Project Area or temporary site which will require the following information:

• the amount of excess soil removed from the Project Area that was deposited at: a class 1 soil management site, a class 2 soil management site, a reuse site, a local waste transfer facility, and a landfilling site or dump
• the date on which the last load of excess soil was removed from the project area or temporary site
• a declaration by the Project Leader

2. Notice filings for Residential Development Soil Depots can be made by an Owner, Operator, or Authorized Person. This notice will be required before excess soil is deposited on a residential development soil depot site if the depot commences operation on or after January 1, 2022, or if the depot was already in operation when the requirement to file a notice comes into effect, the notice should be filed ahead of January 1, 2022.

The Owner or Operator of the Residential Development Soil Depot must ensure that the quality of the excess soil accepted and managed at the depot meets the applicable Excess Soil Quality Standards set out in the regulation. There will be two filings for each notice:

1. An initial filing before the soil is received, which will require the following information to be provided:
   • the site location
   • the contact information of the Site Owner and Operator
   • the project commencement date
   • the estimated amount of soil (including inventory on-site)
   • the site instrument identification
   • and a declaration by the Site Owner or Operator.
2. A final filling within 90 days of the depot closing indicating the date when the depot ceased operations, and a declaration by the Site Owner or Operator.

3. Notice filings for Reuse Sites can be made by a Site Owner, Operator, or an Authorized Person. These will be required starting January 1^st, 2022, and apply to a Reuse Site that expects at least 10,000 m3 of excess soil to be deposited after January 1^st, 2022 (including Reuse Sites that were in operation before that date). There will be two filings for each notice:

1. An initial filing before the excess soil is deposited, which will require the following information to be provided:
   • the site location/property type
   • the contact information of the Site Owner and Operator
   • a description of the undertaking
   • the applicable excess soil quality standards for the site
   • the estimated amount of soil by quality standard
   • the estimated dates when the first and last soil load will be deposited
   • the site instrument identification
   • and a declaration by the Site Owner or Operator.
2. A final notice filing within 30 days after the final load of excess soil has been deposited at the Reuse Site which will require the following information:
   • confirmation that all excess soil that will be reused for a beneficial purpose has been deposited at the reuse site
   • the total amount of excess soil that was deposited
   • the date the final load of excess soil was deposited
   • and a declaration by the owner or operator.

The Site Owner or Operator is required to update notice filings that are no longer complete or accurate within 30 days after the day the person becomes aware that the information is no longer complete or accurate.

Exemptions:

Reuse Sites that are part of infrastructure projects are not required to file notices.

As required under the regulation, Project Leaders, Owners and Site Operators are required to use the Excess Soil Registry to file notices for certain Project Areas, Reuse Sites, and Residential Development Soil Depot sites where Excess Soil is generated, transported, temporarily placed, and deposited.

Project Leaders, Owners and Site Operators can also assign an Authorized Person to file a notice and pay fees in the Registry on their behalf.

Role definitions

Project Leader

In O. Reg. 406/19, the Project Leader means, in respect of a project, the person or persons who are ultimately responsible for making decisions relating to the planning and implementation of the project.

The Project Leader is responsible for ensuring that a Project Area Notice is filed if required. They must always complete and sign the required declarations that are a component of the notice being filed and pay Registry fees.

Owner

A person who owns the land, with an interest upon whose credit, behalf, privity or direct benefit an improvement is made to the premises.

For a Reuse Site or a Residential Development Soil Depot, an Operator may complete all aspects of the relevant notice filing in the Registry.

Operator

A person who has the charge, management, or control of a site. An Operator may be an owner of a property, lease a property or be contracted to operate a Project Area Site, Reuse Site or Residential Development Soil Depot.

For a Reuse Site or a Residential Development Soil Depot, an Operator may complete all aspects of the relevant notice filing in the Registry.

Authorized Person

A person who is authorized by the Project Leader, Owner, or Operator of a site, to complete a notice filing and pay fees on their behalf.

The Authorized Person can initiate a notice in the Registry if permitted to by the Project Leader, Owner, or Operator of a site, and can complete all required notice information and pay applicable fees on their behalf.

Qualified person (QP)

QPs under the regulation have the same meaning as section 5 and 6 of Ontario Regulation 153/04 (O. Reg. 153/04).

Section 5 of O. Reg. 153/04 defines a Qualified Person as professional engineers and geoscientists – these are the persons who may oversee or conduct environmental site assessments or complete certifications in a Record of Site Condition. Section 6 of O. Reg. 153/04 sets out the requirements for Qualified Persons who conduct or oversee a risk assessment.

A QP may be designated as an Authorized Person by the Project Leader or by an Owner/Operator to file a notice to the Excess Soil Registry on their behalf.

The Excess Soil Registry is a record of Excess Soil generation and movement established and maintained by the Authority to:

• enable regulated persons to comply with registration and notice filing requirements outlined in the regulation;
• enable the ministry access to notice filings and associated data; and
• enable public access to the information contained in notice filings.

Project Leaders, Reuse Site Owners or Operators, and Residential Development Soil Depot Operators, as defined in the Excess Soil Regulation, are required to ensure notices are filed to the Excess Soil Registry for certain Project Areas (where Excess Soil is generated), Reuse Sites (where Excess Soil is deposited), and Residential Development Soil Depot sites (where Excess Soil is temporarily placed).

Fees are charged upon completion of the initial notice filing, whether it’s a Project Area Notice, Reuse Site Notice, or Residential Development Soil Depot Notice. For Project Area and Reuse Area Notices, there may be a fee charged at the final filing (close-out), depending on whether the volume of soil generated or accepted has increased from what was reported in the initial notice filing.

Projects initiated in 2022 that have continued into 2023 and meet the requirements to file a notice will be required to file as of January 1, 2023. This means that if your project began in 2022 and you are still moving excess soil as of January 1, 2023, you may be subject to the filing requirements.

Read our FAQ to see “Who need to file notices?“

Fees associated with project area notices are calculated at a variable rate based on the volume of soil being moved. Flat fees will be applied to Project Area Notices for soil volumes below and above certain thresholds.

Fees associated with Reuse Site Notices are tiered, with increasing flat fees applied according to the volume of soil being accepted at the reuse site.

There is one flat fee associated with Residential Soil Depot Notices.

Fees will be consulted upon annually as required by the RRCEA.

In December 2022, the Government of Ontario finalized amendments to O. Reg. 406/19: On-Site and Excess Soil Regulation (Excess Soil Regulation) and the Rules for Soil Management and Excess Soil Quality Standards (Soil Rules), which came into effect January 1, 2023.

If a project triggers the filing requirements under the Excess Soil Regulation, the process for filing notices has not changed.
However, the amended regulation may affect the types of projects for which a notice is required to be filed through the Excess Soil Registry.

The two key amendments made to the regulation mean:

• Reuse planning requirements are not triggered for projects defined as “low-risk project areas”, being a property at which the current or last property use was agricultural or other, residential, parkland or institutional (as defined under O. Reg. 153/04), that would otherwise have been triggered to complete reuse planning requirements as a result of being located within an area of settlement and removing at least 2,000m3 of excess soil. Other triggers for reuse planning may still apply.
• The limit on the maximum size of soil storage piles (previously 2,500 m3) has been removed. Other soil storage rules would continue to apply, including the requirement to prevent any adverse effects.

If you have questions about the Excess Soil Regulation or the amendments, contact the ministry at MECP.LandPolicy@ontario.ca.

See our FAQ to see “Who needs to file notices?”

No, users that filed notices in the Excess Soil Registry and paid the associated Registry fees before the temporary suspension came into effect on April 21, 2022, were complying with the necessary requirements of the regulation. Notices filed before the pause will continue to be recognized after January 1, 2023. No refunds will be issued.

On April 21, 2022, the Ontario Government announced a temporary suspension of the registration and reporting requirements under the Excess Soil Regulation. The requirements were suspended until January 1, 2023. The Excess Soil Registry remained open for users during the pause.

As of January 1, construction and development Project Leaders and Operators/Owners of soil Reuse Sites and Residential Development Soil Depot sites are required to register and file notices about how they reuse and dispose of excess soil in Ontario through RPRA’s Excess Soil Registry.

Starting January 1, 2023, RPRA will collect 13% HST on all fees at the time of fee payment.

This decision is based on a ruling RPRA received from the CRA in which HST must be charged on its fees under the Resource Recovery and Circular Economy Act, 2016 (RRCEA). RPRA has determined that this ruling applies to all RRCEA producer responsibility programs and the Excess Soil and Hazardous Waste programs.

On December 22, 2022, RPRA will reissue invoices that were issued prior to January 1, 2023, amended to indicate that 13% HST was paid. From December 22 onwards, registrants will be able to access the amended invoices in their Registry accounts under a new tab labelled “Invoices”. The amended invoice will show an HST amount as well as the date the amended invoice was reissued.

Important notes:

• On the amended invoices there have been no changes to the Invoice Total and registrants will not be required to pay any additional monies to RPRA for past invoices.
• Registrants may be able to claim input tax credits for the HST collected on RPRA fees, for both the amended invoices and new invoices issued January 1, 2023, onwards. However, RPRA is not in a position to provide tax advice and suggests you consult your internal or external accountants to seek their counsel.
• All new invoices issued effective January 1, 2023, will contain appropriate information identifying the amount of the HST and other relevant details. These invoices will also be displayed under the “Invoices” tab in a registrants’ Registry account.

If you select bank withdrawal as your method of payment, this authorizes the Resource Productivity and Recovery Authority to make a one-time withdrawal for the Registry invoice payment from the account you provided.

Bank Withdrawal – Important Terms:

• You have authorized RPRA to make one-time debits from your account. RPRA will obtain your authorization before any additional one-time or sporadic withdrawal is debited from your account. You have agreed that this confirmation may be provided at least three (3) calendar days before the first payment is withdrawn from your account. You have waived any and all requirements for pre-notification of the account being debited.
• Your payments are being made on behalf of a business.
• Your agreement may be cancelled provided notice is received thirty (30) days before the next withdrawal. If any of the above details are incorrect, please contact us immediately at the contact information below. If the details are correct, you do not need to do anything further and your Pre-Authorized Debits (PAD) will be processed. You have certain recourse rights if any debit does not comply with these terms. For example, you have the right to receive a reimbursement for any PAD that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.payments.ca.

Please note:

• Registry invoices are considered due on receipt.
• Invoices are in CAD funds and payments must be sent in CAD.
• It may take 1-2 weeks for the involved banks to process your payment.

If you have questions relating to fee payment, contact our Compliance and Registry Team at registry@rpra.ca or call 647-496-0530 or toll-free at 1-833-600-0530.

RPRA has developed an Excess Soil Registry Resources webpage to help users navigate the online system and complete common activities such as account creation, filing and searching for notices. Resources include step-by-instructions and walk-through videos.

“In April 2024, the Government of Ontario finalized amendments to Reg. 406/19: On-Site and Excess Soil Regulation (Excess Soil Regulation) and the Rules for Soil Management and Excess Soil Quality Standards (Soil Rules), which came into effect April 23, 2024. A key amendment made to the regulation means: Enhanced usability of project leader-owned or controlled storage sites (Class 2 soil management sites and local waste transfer facilities) and soil depots to allow for larger volumes of soil being managed without requiring a waste approval, now up to 25,000 m3 (previously 10,000 m3) with additional flexibility for public bodies and having greater alignment of rules across sites.

If you have questions about the Excess Soil Regulation or the amendments, contact the ministry at MECP.LandPolicy@ontario.ca. See our FAQ to see “Who needs to file notices?”