Summary of Issue

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Things to Consider

Environmentally Sensitive Areas (ESAs) are areas of ecological significance within a jurisdiction that typically require extra protection when considering the relocation of excess soil. 

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Short Form References

This page  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 the reference document to the regulation entitled Rules for Soil Management and Excess Soil Quality Standards

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Key Takeaways  

A definition of “areas of natural significance” is in the Brownfields Regulation and a definition of “environmentally sensitive area” (which is very similar) is provided in the document “Rules for Soil Management and Excess Soil Quality Standards”.

By-law definitions typically make reference to their own planning documents and by-laws to clarify areas of ecological significance.

See Resources below for the definition provided in the Rules document.

The Rules document has a rule specifically for the placement of excess soil at Environmentally Sensitive Areas, as shown below. Note that the standards being referred to are the excess soil standards in Part II of the Rules document (Table 1 generic), and not those used in the Brownfields Regulation.

While the below is given as a prominent example, it is important to have a reading of the Rules document, as there are rules that can apply in specific circumstances (e.g. use of salt-impacted soil, placement of soil on crop lands, acceptable pH range) that may also apply. Through by-laws and permits, municipalities can deviate from such rules.

RULES FOR SPECIFIC TYPES OF REUSE SITES

(1) Environmentally Sensitive Areas
1. Excess soil shall only be finally placed within an environmentally sensitive area if the excess soil meets Table 1 of the excess soil quality standards and the results of any required leachate analysis meets Table 1 of the leachate screening levels as outlined in the Appendices in PART II of this document.

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Resources

The Rules for Soil Management and Excess Soil Quality Standards provides a definition of “environmentally sensitive area”, which is very similar to the definition of “area of natural significance” in the Brownfields Regulation.  It is below. 

Definition - “Environmentally Sensitive Area” 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, 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;

 

By-Law Sections

General Prohibitions and Regulations

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Things to Consider

By-laws which include reference to environmentally sensitive areas generally restrict site alteration on these lands within the Prohibitions section of the site alteration by-law.  Language generally indicates that site alteration is not permitted on these lands unless approved by Council/the Corporation, unless a building permit or other development agreement has been issued, or unless it is permitted by Provincial legislation. Examples of language that achieves this intent include:

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Sample Language

“No person shall undertake, cause, permit or perform any Site Alteration within an area designated as an Area of Natural Significance or an Environmentally Sensitive Area or any similar designation under the Corporation's Official Plan unless permitted specifically by provincial legislation or regulation.”[1]

OR

“Notwithstanding any other provision of this By-law, the Director shall not issue a Permit under this By-law with respect to lands in the City of Burlington defined and designated as an Environmentally Sensitive Area by the City’s Official Plan without the approval of Council.”[2]

 
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By-laws can also include regulations for specific environmentally sensitive areas, as in the example below. These areas can be defined in the by-law, wherever appropriate, as in the following example:

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Sample Language

“No person shall carry out any Site Alteration Adjacent to or within 30 metres of Wetlands, Fish Habitat, significant valley lands, significant woodlands, significant wildlife habitat, habitats of Rare and Endangered Species, Areas of Natural or Scientific Interest and permanent or intermittent streams without having been issued a Permit under this By-law by the Director of Engineering or without having obtained written permission from the Conservation authority where applicable.”[3]