Summary of Issue

Things to Consider

Any movement of soil risks contributing to the introduction and spread of invasive species. Invasive plant parts, seeds and invertebrates contained in soil can spread rapidly when introduced to a new area. These species can cause issues for landowners and potentially have detrimental impacts on biodiversity. The spread of invasive species can also be stimulated by disturbance and exposure of un-vegetated soil. For these reasons, the MECP BMP recommends municipalities consider how invasive species can be controlled during excess soil management.

The harmful effects of invasive species include: • Physical and structural damage to infrastructure • Human health hazards (i.e. giant hogweed and wild parsnip exposure) • Delays and increased cost in construction activities • Environmental damage (i.e. erosion) • Aesthetic degradation • Loss of biodiversity • Reduced property values • Loss of productivity in woodlots and agriculture

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

• MECP BMP -which is Ministry of Environment, Conservation and Parks document of Excess Soil – A Guide for Best Management Practices.

Key Takeaways

There is no new direction provided specifically on the topic of invasive species in the new regulation. That said, complying with the Excess Soil Regulation and Rules may help prevent the spread of invasive species.

The MECP document Management of Excess Soil – A Guide for Best Management Practices (BMP) provides the following guidance for invasive species:

“Soil management activities can contribute to the introduction and spread of invasive species. Examples of species that can be moved to new areas through the movement of excess soil include European fire ants, Japanese knotweed, Phragmites, Giant hogweed, Garlic mustard and Dog strangling vine. Soil may contain plant parts, seeds, and invertebrates (e.g. European fire ants). Once introduced into a new area, these species can spread rapidly and often cause issues and concerns for landowners, and can have a significant impact on biodiversity. Disturbance and exposure of un-vegetated soil can also contribute to the establishment of invasive plants. Consideration should be given to controlling the introduction and spread of invasive species during all excess soil management activities. Those managing excavated soil may need to mitigate or eradicate invasive species or plant growth resulting from soil management activities.”[1]

In this document, it is also explicitly recommended that invasive species be addressed in Fill Management Plans.

Weed Control Act

The Weeds Act ( Weed Control Act, R.S.O. 1990, c. W.5 (ontario.ca) applies to agricultural lands.

Prohibition (From the Weeds Act)

19. No person shall deposit or permit to be deposited any noxious weeds or weed seeds in any place where they might grow or spread.  R.S.O. 1990, c. W.5, s. 19. 

A list of all weeds designated as noxious under the Weed Control Act can be found on the Ministry's (OMAFRA) website.  OMAFRA's Ontario weed gallery provides pictures, descriptions and lots of information, including habitat and species information on over 170 weeds. OMAFRA's Publication 75, Guide to Weed Control provides information on management strategies for various weeds including noxious weeds.

OMAFRA’s guideline directs persons in possession of identified noxious weeds to contact local area or municipal weed inspectors.  Municipalities should have this information at the ready. 

Clean Equipment Protocol for Industry

Invasive species can spread to new areas when contaminated mud, gravel, water, soil and plant material are unknowingly moved by equipment used on different sites. This method of spread is called an unintentional introduction, and is one of the four major pathways for invasive species introduction into a new area of Ontario,  Plant material has the ability to travel sight unseen in mud attached to or lodged in various parts and spaces between parts of vehicles, machinery and other mechanical equipment. Failure to properly clean vehicles and machinery of soils, mud, and contaminated water that may contain invasive species seed and propagules can result in permanent, irreversible environmental impacts, substantial cost to the landowner and liability issues. 

See the Clean Equipment Protocol for Industry 

Clean-Equipment-Protocol_June2016_D3_WEB-1.pdf (ontarioinvasiveplants.ca)

By-Laws Sections

Requirements for Issuance of a Permit

Things to Consider

As noted above the MECP document Management of Excess Soil – A Guide for Best Management Practices (BMP) indicates that consideration of invasive species should be done in all soil management activties, whether this occurs at source sites/project areas, reuse sites, or other locations.

And, specifically with regard to reuse sites, it indicates that “the QP should prepare a Fill Management Plan, which outlines the overall condition and operation of the reuse site and should include … “procedures to prevent the introduction of invasive plant or animal species.” [2}

Plans to manage invasive species may be required as part of the application for a permit, as is done in this example from British Columbia:

Where a “Registered Professional” is defined in the by-law as: “an, engineer, geoscientist, agrologist, environmental consultant, soil scientist, biologist, or land surveyor who is registered with a professional association that is regulated by a statute, appointed to act in the capacities described under the sections of this By-law requiring a registered professional;” [4]

Permit conditions may also include requirements to manage invasive species, including for example:

Resources

An organization in the United Kingdom known as Contaminated Lands: Applications in Real Environments (CL:AIRE) provides a summary of the UK Environment Agency’s “The Knotweed Code of Practice” its bulletin – Managing Japanese Knotweed on Development Sites: Code of Practice. [7]

http://www.claire.co.uk/component/phocadownload/category/7-guidance-bulletins-and-documents?download=22:guidancebulletin02

The bulletin notes that: “Any attempt to move infested material around a site should be carefully planned. Routes should be designed especially to reduce the risk of spreading the knotweed to previously unaffected areas. Transport routes, once planned out, should have a membrane laid on them to protect the underlying soils, this in itself should then be protected by a layer of sand.” 

Ontario Invasive Species Strategic Plan 2012  

Document Link: http://www.mnr.gov.on.ca/stdprodconsume/ groups/lr/@mnr/@biodiversity/documents/ document/stdprod_097634.pdf

Invasive Species Management for Infrastructure Managers and the Construction Industry 2008. Wade, M. Booy, O. and White, V. http://www.ciria.org/service/Web_Site/ AM/ContentManagerNet/ContentDisplay. aspx?Section=Web_Site&ContentID=9001

T.I.P.S (Targeted Invasive Plant Solutions) Highway Operations. British Columbia Invasive Species Council. http://www.bcinvasiveplants.com/iscbc/ publications/TIPS/Highways_Operations_TIPS.pdf

Reporting Invasive Species. To report invasive species, or view maps of existing records, visit the Invading Species Awareness Program website www.invadingspecies.com/report/ or www.eddmaps.org/Ontario.

Or call the OFAH/MNR Invading Species Awareness Program Hotline at 1-800-563-7711.

If a restricted or prohibited plant species  is identified on site, it would  need to be mitigated or eradicated, per the guidance of the MECP BMP. Restricted and prohibited species are listed in the regulation:

For example, prohibited plants listed in the Invasive Species Acti are as follows:

• Brazilian Elodea

• European Water Chestnut

• Hydrilla

• Parrot Feather

• Water Soldier

Restricted plants are listed as:

• Black Dog-strangling Vine

• Dog-strangling Vine

• Japanese Knotweed

• Phragmites

Additional plants have been identified as invasive in the Clean Equipment Protocol for Industry  Manual (Clean-Equipment-Protocol_June2016_D3_WEB-1.pdf (ontarioinvasiveplants.ca)

• Common Buckthorn

• Glossy Buckthorn

• Garlic Mustard

• Giant Hogweed

• Chinese Silver Grass

• Reed Canary Grass

• Wild Parsnip (Pastinaca sativa)

• Wild Chervil

References

[1] Ministry of the Environment Conservation and Parks. Management of Excess Soil – A Guide for Best Management Practices (https://www.ontario.ca/page/management-excess-soil-guide-best-management-practices)

[2] Ministry of the Environment Conservation and Parks.  Management of Excess Soil – A Guide for Best Management Practices (https://www.ontario.ca/page/management-excess-soil-guide-best-management-practices)

[3] Squamish-Lillooet Regional District By-law No. 1423-2015 (http://www.slrd.bc.ca/sites/default/files/by-laws/pdf/SLRD%20Soil%20Deposit%20and%20Removal%20By-law%201423-2015_FINAL_for%20adoption.pdf)

[4] Squamish-Lillooet Regional District By-law No. 1423-2015 (http://www.slrd.bc.ca/sites/default/files/by-laws/pdf/SLRD%20Soil%20Deposit%20and%20Removal%20By-law%201423-2015_FINAL_for%20adoption.pdf)

[5] District of Saanich Fill By-law, 2012, No. 9204

[6] Squamish-Lillooet Regional District By-law No. 1423-2015

[7] CL:AIRE Managing Japanese Knotweed on Development Sites: Code of Practice (http://www.claire.co.uk/component/phocadownload/category/7-guidance-bulletins-and-documents?download=22:guidancebulletin02)