Sample Language

Excerpt from the Township of King’s Rationale Document regarding the importance of definitions:

“The wording of definitions is often a subject of debate depending on the expertise, experience and perspective of the administrator. Definitions can also be critical during litigation. Whenever possible the definitions used (in a municipal by-law) are derived from Provincial definitions contained in various relevant regulations being, the Municipal Act, Ontario Regulation, 406/19, Ontario Regulation 153/04, and Ontario (sic) Regulation 347.[1]”

Definition:

“Adverse Effect” means one or more of:

(a) impairment of the quality of the natural environment for any use that can be made of it;
(b) injury or damage to property or to plant or animal life;
(c) harm or material discomfort to any person;
(d) an adverse effect on the health of any person;
(e) impairment of the safety of any person;
(f) rendering any property or plant or animal life unfit for human use;
(g) loss of enjoyment of normal use of property; and
(h) interference with the normal conduct of business.”[2]

Definition:

‘Aggregate Resources Act’ means the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended;” [3] 

Definition:

“agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is carried on in the expectation of gain or reward;”[4]

“Normal Farm Practice” means a practice that, (a) is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances, or (b) makes use of innovative technology in a manner consistent with proper advanced farm management practices.[5]

Definition:

Prime Agricultural Land

Specialty crop areas and/or Canada Land Inventory Class 1, 2, and 3 lands, as amended from time to time, in this order of priority for protection (PPS, 2020).[6]

Bona Fide Farmer

Means a Person who has a current and valid farm registration number under the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c.21, as amended; [7]

Definition:

Archaeological Sites

Any property that contains an artifact or any other physical evidence of past human use or activity that is of cultural heritage value or interest (Ontario Heritage Act Regulation 170/04).

Areas of Archaeological Potential

Are areas of a property which may contain archaeological resources. The ministry has established criteria and a checklist for determining areas of archaeological potential. Some municipalities have also chosen to prepare archaeological management plans in which areas of archaeological potential within that municipality are identified and mapped.”[8]

Built Heritage

One or more significant buildings (including fixtures or equipment located in or forming part of a building), structures, monuments, installations, or remains associated with architectural, cultural, social, political, economic, or military history and identified as being important to a community. For the purposes of these Standards and Guidelines, ‘structures’ does not include roadways in the provincial highway network and in-use electrical or telecommunications transmission towers.

Cultural Heritage

Landscape means a defined geographical area of heritage significance that human activity has modified and that a community values. Such an area involves a grouping(s) of individual heritage features, such as structures, spaces, archaeological sites, and natural elements, which together form a significant type of heritage form distinct from that of its constituent elements or parts.”[9]

Definition:

“Areas of Natural Significance” means any of the following:

1.   An area reserved or set apart as a provincial park or conservation reserve under the Provincial Parks and Conservation Reserves Act, 2006.

2.   An area of natural and scientific interest (life science or earth science) identified by the Ministry of Natural Resources as having provincial significance.

 3.   A wetland identified by the Ministry of Natural Resources as having provincial significance.

 4.   An area designated by a municipality in its official plan as environmentally significant, however expressed, including designations of areas as environmentally sensitive, as being of environmental concern and as being ecologically significant.

5.   An area designated as an escarpment natural area or an escarpment protection area by the Niagara Escarpment Plan under the Niagara Escarpment Planning and Development Act.

6.   An area identified by the Ministry of Natural Resources as significant habitat of a threatened or endangered species.

7.   An area which is habitat of a species that is classified under section 7 of the Endangered Species Act, 2007 as a threatened or endangered species.

8.   Property within an area designated as a natural core area or natural linkage area within the area to which the Oak Ridges Moraine Conservation Plan under the Oak Ridges Moraine Conservation Act, 2001 applies.

9.   An area set apart as a wilderness area under the Wilderness Areas Act;”[10]

See also – “Environmentally Sensitive Area” as defined in the Excess Soil Regulation.

Definition:

Built Heritage (MTCS Definition)

Means one or more significant buildings (including fixtures or equipment located in or forming part of a building), structures, monuments, installations, or remains associated with architectural, cultural, social, political, economic, or military history and identified as being important to a community. For the purposes of these Standards and Guidelines, ‘structures’ does not include roadways in the provincial highway network and in-use electrical or telecommunications transmission towers.” [11]

Built Heritage Resource

A building, structure, monument, installation or any manufactured remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an Aboriginal community. Built heritage resources are generally located on property that has been designated under Parts IV or V of the Ontario Heritage Act, or included on local, provincial and/or federal registers [12]. 

Definition:

“Class 1 soil management site” means a soil bank storage site or a soil processing site;[13]

“Class 2 soil management site” means a waste disposal site, other than a Class 1 soil management site, at which excess soil is managed on a temporary basis and that is:

a) located on a property owned by a public body or by the project leader for the project from which the excess soil was excavated, or

(b) operated by the project leader for the project from which the excess soil was excavated;[14]

Definition:

Large Site Alteration

Means any Site Alteration that does not meet the definition of a Minor Site Alteration or a Small Site Alteration.

i. "Minor Site Alteration” means a one-time maximum cumulative volume of Site Alteration per Property based on the area of Property suitable for Site Alteration (the Property area excluding buildings. structures and fixed features) calculated as follows: Area of Property suitable for Site Alteration in hectares x 200 m’/hectare (approximately 20 triaxle truckloads) of Site Alteration, up to a maximum area of Property suitable for Site Alteration of 1.0 hectares. The maximum volume is a one-time maximum cumulative allowance. Any Site Alteration that exceeds the maximum one-time cumulative volume is prohibited without a Permit. Once this cumulative volume has been reached regardless of the timeframe over which it occurred no further Site Alteration is allowed without a Permit

ii. The maximum volume calculation excludes any Site Alteration conducted under the approval of any other legal instrument of the Township such as a Building permit or Swimming Pool Permit;

Definition:

Contaminant (EPA Definition)

Means any solid, liquid. gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that may cause an adverse effect;” [15]

Definition:

Contaminant of Concern

Means one or more contaminants found on, in or under a project area at a concentration that exceeds the applicable excess soil quality standards for the project area [17]

Definition:

Cultural Heritage

Landscape means a defined geographical area of heritage significance that human activity has modified and that a community values. Such an area involves a grouping(s) of individual heritage features, such as structures, spaces, archaeological sites, and natural elements, which together form a significant type of heritage form distinct from that of its constituent elements or parts.”[18]

Cultural Heritage Landscape

Means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Indigenous community. The area may include features such as buildings, structures, spaces, views, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Cultural heritage landscapes may be properties that have been determined to have cultural heritage value or interest under the Ontario Heritage Act, or have been included on federal and/or international registers, and/or protected through official plan, zoning by-law, or other land use planning mechanisms.” [19]

Note - The MTCS also defines a “qualified person” for the purposes of cultural heritage resources, including relative assessments that may need to be completed.  See definition for Qualified Person for an example.

Definition:

Electronic Tracking Technology

Means an electronic device similar to a geographic positioning system (GPS) that is attached to a vehicle, allowing their whereabouts to be monitored and downloaded;” [21]

Definition:

Environmentally Sensitive Area

Is defined in the Rules document as:

1. An area reserved or set apart as a provincial park or conservation reserve under the Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c. 12.

2. An area of natural and scientific interest (life science or earth science) identified by the Ministry of Natural Resources and Forestry as having provincial significance.

3. A wetland or a coastal wetland identified by the Ministry of Natural Resources and Forestry as having provincial significance, or a wetland or coastal wetland that is not yet evaluated to determine whether it is provincially significant.

4. A significant woodland identified by a municipality in accordance with the Provincial Policy Statement under the Planning Act, R.S.O. 1990, c. P.13.

5. An area designated by a municipality in its official plan as environmentally significant, however expressed, including designations of areas as environmentally sensitive, as being of environmental concern and as being ecologically significant.

6. An area designated as an escarpment natural area or an escarpment protection area by the Niagara Escarpment Plan under the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2.

7. An area identified by the Ministry of Natural Resources and Forestry as significant habitat of a threatened or endangered species.

8. An area which is habitat of a species that is classified under section 7 of the Endangered Species Act, 2007, S.O. 2007, c. 6 as a threatened or endangered species.

9. A property within an area designated as a natural core area or natural linkage area within the area to which the Oak Ridges Moraine Conservation Plan under the Oak Ridges Moraine Conservation Act, 2001, S.O. 2001, c. 31 applies.

10. An area set apart as a wilderness area under the Wilderness Areas Act, R.S.O. c. W.8; [22]

Environmentally Sensitive Area

Means an environmentally sensitive area, natural area, ravine, core supporting area, environmental constraint area, or other area as designated in the City's Official Plan, as amended, including as set out in Schedules "B" and "B 1" thereto, or the Regional Official Plan, as amended, used to define, describe or delineate an area of environmental importance;” [23]

Definition:

Environmentally Sensitive Area

Means an environmentally sensitive area, natural area, ravine, core supporting area, environmental constraint area, or other area as designated in the City's Official Plan, as amended, including as set out in Schedules "B" and "B 1" thereto, or the Regional Official Plan, as amended, used to define, describe or delineate an area of environmental importance;” [24]

Areas of Natural and Scientific Interest (ANSI)

Means areas of land and water containing natural landscapes or features that have been identified as having life science or earth science values related to protection, scientific study or education, as defined by the Provincial Policy Statement 2020, as amended;”[25]

Environmentally Sensitive Area (ESA)

Refers to Environmentally Sensitive Areas identified in the Halton Region Environmentally Sensitive Areas Consolidation Report dated April 2005, as amended.”[26]

Definition:

“Excess Soil” means 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. [27]

Some other definitions from the Excess Soil Regulation that are important when considering what is included in excess soil:  

Crushed Rock

Means a naturally occurring aggregation of one or more naturally occurring minerals that is mechanically broken down into particles that are smaller than 2 millimetres in size or that pass the US #10 sieve

Dry Soil

Means soil that is not liquid soil; (“sol sec”)

Rock

Means a naturally occurring aggregation of one or more naturally occurring minerals that is 2 millimetres or larger in size or that does not pass the US #10 sieve; (“roche”)

Soil and liquid soil are defined separately below. 

Definition:

Fill

Means any type of material that is or can be deposited or placed on property and includes without limitation, Topsoil, soil, sand, clay, rock, stone, concrete, sod, asphalt, asphalt grindings, slurry, liquid Fill, wet Fill, or turf either singularly or in combination. [28]

Native Fill

Means Fill that existed on the Property and was not imported onto the Property” [29]

Fill

Means any type of material that can be removed from (cut) or placed on (in-fill)land including but not limited to, the following:

 i. "Aggregate" means a collective term for the mineral materials such as sand, gravel and crushed stone that can used with a binding medium to form compounds such as concrete. Aggregates can either be natural or manufactured and excludes asphalt which can be placed on surface but not below Grade;

ii “Clean concrete and brick" mean concrete, brick, block and other silica based construction materials that are free of Contaminants;

iii. "Compost" means a mixture of various decaying organic substances, such as dead leaves or manure, used for fertilizing soil;

iv “Excess Soil" means soil, or soil mixed with rock, that has been excavated as part of a project and removed from the project area for the project;

v. “Liquid Soil" means soil that has a slump of more than 150 millimeters using the Test Method for the Determination of “Liquid Waste" (slump test) set out in Schedule 9 to Regulation 347;

vi. “Rock” means a naturally occurring aggregation of one or more naturally occurring minerals that is 2 millimeters or larger in size or that does not pass the US No. 10 sieve;

vii. “Sod" means the upper stratum of soil bound by grass and plant roots into a thick mat (turf):

viii. “Soil" means unconsolidated naturally occurring mineral particles and other naturally occurring materials resulting from the natural breakdown of rock or organic matter by physical, chemical or biological processes that are smaller than 2 millimeters in size or that pass the US No. 10 sieve ix

ix. “Topsoil” means those horizons in a soil profile, commonly known as the "O" and the “A” horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat.[30]

Definition

Fill Management Plan (Town of Erin Site Alteration By-law Example):

Means a plan referenced in this by-law;”[31]

OR

Fill Management Plan (Township of Scugog Site Alteration By-law Example):

Means a Fill Management Plan required as a condition of a permit pursuant to Section 4.07 of this By-law, in accordance with the Guidelines, and approved by the Director,” [32]

Definition:

Means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the Woodland and environmental conditions under which they are being applied and that minimize detriments to Woodland values, including: significant ecosystems; important fish and wildlife habitat; soil and water quality and quantity; forest productivity and health and the aesthetic and recreational opportunities of the landscape [33]

Definition:

Means any truck that excavates, evacuates, removes or moves Fill with water and/or air. The material hauled in a Hydro-Excavation Truck may be referenced as, among other names: slurry, liquid Fill, wet Fill, or Fill. [34]

Definition:

Means all physical structures, facilities and corridors relating to:

(a) public highways,

(b) transit lines and railways,

(c) gas and oil pipelines,

(d) sewage collection systems and water distribution systems,

(e) stormwater management systems,

(f) electricity transmission and distribution systems,

(g) telecommunications lines and facilities, including broadcasting towers,

(h) bridges, interchanges, stations and other structures, above and below ground, that are required for the construction, operation or use of the items listed in clauses (a) to (g), or

(i) rights of way required in respect of existing or proposed infrastructure listed in clauses (a) to (h); [35]

Definition:

Invasive Species (Ontario Invasive Species Plan)

Are alien species whose introduction or spread threatens the environment, the economy, and/or society including human health. Ontario’s definition of an invasive species may include those species which are native to Ontario, but have been introduced to a new geographic region due to human activity.” [36]

Invasive Species (Invasive Species Act, 2015)

Means a species that is not native to Ontario, or to a part of Ontario, and, (a) is harming the natural environment of Ontario or of the part of Ontario in which it is present, or (b) is likely to harm the natural environment of Ontario or of a part of Ontario, regardless of whether it is present in Ontario or in a part of Ontario. [37]

Definition:

Means lands containing sensitive and/or significant natural features and functions as defined by the Greenbelt Plan 2017, as amended, including but not limited to the following:

i. Wetlands;
ii. Significant Woodlands; 
iii. Significant wildlife habitat (including habitat of special concern species) [38]

Definition:

Large Site Alteration

Means any site alteration where greater than five hundred (500) cubic metres of fill is being placed or dumped within any twelve (12) month period or resulting in a change to existing  landform of greater than six hundred (600) millimetres from existing grade”[39]

OR

Large Scale Site Alterations

Includes the placing or dumping or removal of fill and the alteration of grade involving more than 1000 cubic metres of fill or where the elevation of the site will increase or decrease by more than l m at any point on the site;”[40]

OR

Large Site Alteration

Means any Site Alteration where the total volume of Fill or Waste or any combination of Fill or Waste, is 4,000 cubic metres or greater [41]

Definition:

Means soil that has a slump of more than 150 millimetres using the Test Method for the Determination of “Liquid Waste” (slump test) set out in Schedule 9 to Regulation 347;

Definition:

Is defined in Regulation 347 General -Waste Management.  The Excess Soil Regulation makes use of that definition.

“local waste transfer facility” means a site,

(a)  at which waste from field operations is received, bulked, temporarily stored and transferred,

(b)  that is owned or controlled by the person who undertakes the field operations referred to in clause (a) or by a person on whose behalf those field operations are undertaken,

(c)  at which no waste is received other than waste from field operations, and

(d)  that is used primarily for functions other than waste management; [42]

Definition:

Means Ontario Regulation 153/04 (Records of Site Condition -— Part XV.1 of the Environmental Protection Act.

Definition:

Means Ontario Regulation 406/19 (On Site and Excess Soil Management) under the Environmental Protection Act. It is referred to as the Excess Soil Regulation in this document.

Definition:

Project Area

Means, in respect of a project, a single property or adjoining properties on which the project is carried out; [43]

Related terms:

Project

Means any project that involves the excavation of soil and includes, (a) any form of development or site alteration, (b) the construction, reconstruction, erecting or placing of a building or structure of any kind, (c) the establishment, replacement, alteration or extension of infrastructure, or (d) any removal of liquid soil or sediment from a surface water body; [44]

Definition:

“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; [45]

Definition:

Qualified Person

Means a licensed professional (Engineer or Geoscientist) as defined in Section 5 or 6 of Ontario Regulation 153/04 (Records of Site Condition - Part XV.1 of the Environmental Protection Act). [46] [47]

Definition of Qualified Person, as referenced in the Brownfields Regulation:  (Note – Section 6 is for risk assessments and is not limited to engineers or geoscientists.)

Qualified persons, other than risk assessment

5. (1) A person referred to in subsection (2) meets the qualifications to be a qualified person for the purposes of,

(a) conducting or supervising a phase one environmental site assessment;

(b) conducting or supervising a phase two environmental site assessment; and

(c) completing the certifications that must be completed by a qualified person in a record of site condition in respect of a property.  O. Reg. 66/08, s. 2.

(2) A person meets the qualifications to be a qualified person for the purposes of subsection (1) if,

(a) the person holds a license, limited license or temporary license under the Professional Engineers Act; or

(b) the person holds a certificate of registration under the Professional Geoscientists Act, 2000 and is a practicing member, temporary member or limited member of the Association of Professional Geoscientists of Ontario.  O. Reg. 66/08, s. 2.

Qualified persons, risk assessment

6. (1) A person meets the qualifications to be a qualified person for the purposes of section 168.1 of the Act in relation to the preparation or supervision of a risk assessment if,

(a) the person holds a bachelor’s degree in science, engineering or applied technology from a post-secondary institution;

(b) the person has experience in the conduct or supervision of environmental site assessments, or in the conduct, supervision or review of assessment of risk described in clause (c), or in any combination of both, as follows:

(i) if the person holds a doctoral degree in science or engineering from a university, five years’ experience,

(ii) if the person holds a master’s degree in science or engineering from a university, seven years’ experience,

(iii) in any other case, eight years’ experience; and

(c) within the period of experience required by clause (b), the person has two years’ experience,

(i) in the conduct or supervision of an assessment of risk, or

(ii) in the technical or scientific review of an assessment of risk on behalf of a public authority.  O. Reg. 153/04, s. 6 (1).

Definition:

“Qualified Person means an individual – a professional engineer, architect, archaeologist, etc. – having relevant, recent experience in the identification and conservation of cultural heritage resources.” [48]

Definition:

“reuse site” means a site at which excess soil is used for a beneficial purpose and does not include a waste disposal site;

Definition:

“site-specific instrument” means a site-specific instrument that can be used to manage quality and/or quantity at a reuse site. These include:

i. A permit that is issued under a by-law passed under section 142 of the Municipal Act, 2001 or section 105 of the City of Toronto Act, 2006.

ii. Provisions of a by-law passed under section 142 of the Municipal Act, 2001 or section 105 of the City of Toronto Act, 2006.

iii. A license or permit issued under the Aggregate Resources Act.

iv. An approval under the Planning Act.

v. A certificate of property use issued under section 168.6 of the Environmental Protection Act.

vi. Any other site-specific instrument under an Act of Ontario or Canada that may regulate the quality or quantity of soil that may be deposited for final placement at the reuse site;

Definition:

Site Alteration

Means the placement or dumping of fill on land, the removal of topsoil from land or the alteration of the grade of land by any means including the removal of vegetation cover, the compaction of soil or the creation of impervious surfaces, or any combination of these activities;” [49]

Definition:

“Soil” means “unconsolidated naturally occurring mineral particles and other naturally occurring material resulting from the natural breakdown of rock or organic matter by physical, chemical or biological processes that are smaller than 2 millimetres in size or that pass the US #10 sieve.” [50]

OR

“‘Soil’ means the natural materials commonly known as earth, topsoil, loam, subsoil, clay, sand or gravel.” [51]

Definition:

Temporary Storage

Means storage of fill material for a period of 6 months or less;”[52]

Temporary Fill Storage Site

Means any Property where Fill is stored above Existing Grade on a temporary basis as part of the activities of a licensed business and could include a Soil Bank Storage Site or a Soil Processing Site. [53]

Temporary Storage of Fill

Means the storage of Fill at a Temporary Fill Storage Site above Existing Grade for a period of time determined by the activities of the licensed business with the expectation that the business involves the regular Movement of Fill on to and off the Site in a manner that results in no Fill being stored longer than 18 months. [54]

Definition:

Undertaking

Means an activity at the reuse site which involves the beneficial reuse of excess soil. [55]