About this Tool
Soil is an important resource as it supports plant growth, stores and filters water and provides habitat for organisms, among other functions. To help preserve this resource, good soil management practices minimize soil excavation during construction and allow for reuse on site.
Municipalities may regulate the use of excess soils on reuse sites or temporary storage sites through Site Alteration or Fill By-Laws. This tool provides examples of by-law language and guidance for Ontario municipalities to use in creating or updating key sections of these by-laws.
The original (2016) guidance in this tool is informed by the MECP guidelines Management of Excess Soil – A Guide for Best Management Practices (MECP BMP) and based on the feedback received from municipalities, construction associations, non-governmental organizations and qualified professionals.
The 2020 Update integrates O.Reg 406/19 On-site and Excess Soil Management (referred throughout this website as Excess Soil Regulation) into the relevant issues discussed in this document, with the intention of providing guidance to municipalities as they update their respective Site Alteration and Fill by-laws.
This tool does not provide a “model by-law” template, rather it draws out exemplary language from various municipalities, to share and duplicate where appropriate. The information on this website is largely extracted from or links directly to the base documents that make up the regulatory package. See Resources for a complete list.
The information on this site primarily applies to Excess Soil, which is defined as soil, crushed rock or soil mixed with rock or crushed rock, that has been excavated as part of a project and removed from the project area for the project.
This is excess soil that has been excavated, mainly during construction activities, which cannot or will not be reused at the site where the soil was excavated and requires relocation off site.
Municipal Site Alteration and Fill By-laws address a broad scope of materials, typically encompassed by the term “Fill” which can include materials such as compost, engineered fill products, asphalt, concrete, reused or recycled aggregate product and/or mine tailings, other products, including soil mixed with debris/ refuse. From the municipal perspective Excess Soil is a subset of Fill Some updates to the document which may incidentally also relate to Fill, have been undertaken, but the reader should not assume a thorough review and edit of the document has occurred in relation to the broader context of Fill.
Site alteration or fill by-laws typically cover 15 sections (listed below). For each of the Issues, example language is provided for the sections that apply. In some cases not all 15 sections are covered.
DEFINITIONS
GENERAL PROHIBITIONS & REGULATIONS
EXEMPTIONS
COMPLIANCE WITH OTHER REGULATIONS & STATUTES
REQUIREMENTS FOR ISSUANCE OF A PERMIT
PERMIT ISSUANCE
PERMIT EXPIRY, RENEWAL, REVOCATION, TRANSFER
PERMIT AGREEMENT
INSPECTION, ADMINISTRATION & ENFORCEMENT
APPEALS
NOTICES & ORDERS
PENALTY
FEES
SEVERABILITY
EFFECTIVE DATES & REPEAL OF PREDECESSOR BY-LAWS
Icons and Highlighting
Icons and highlighting are included on each page to help guide you to the right information:
Short Form References
This document makes reference to:
the “Excess Soil Regulation” which is the short form for the Ontario Regulation 406/19 On-Site and Excess Soil Management made under the Environmental Protection Act.
the “Rules document” which is the short form for the reference document to the regulation entitled Rules for Soil Management and Excess Soil Quality Standards