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  • Program: Excess Soil
    Topic: Registry
  • Program: Excess Soil
    Topic: Registry
  • Program: Excess Soil
    Topic: Registry
  • Program: Excess Soil
    Topic: Registry
  • Program: Excess Soil
    Topic: Registry
  • Program: Excess Soil
    Topic: Registry
  • Program: Excess Soil
    Topic: Registry

    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.