As with many of the recent regulatory changes we have documented, the changes below (to Ontario’s Records of Site Condition and Excess Soil Regulation) seem intended to cut red tape, encourage development (including residential development), and spur economic growth.
Records of Site Condition
In our January 22, 2025, blog, we discussed proposed changes to Ontario’s Record of Site Conditions. On October 23, 2025, the Ministry of Environment, Conservation and Parks issued its decision.
As we outlined in our January blog, there are two components to the changes.
- To amend the RSC Regulation to prohibit the submission of a record of site condition (RSC) for filing in the environmental site registry (RSC registry) in specified circumstances when the RSC is not necessary to assess contamination and support brownfields redevelopment (this component depends on the proposed legislative amendment), and
- To expand the exemption from RSC filing requirements in paragraph 2 of subsection 15 (1) of the RSC Regulation, for changes to the use of commercial and community-use buildings to mixed-use, with residential or other sensitive uses (this component does not depend on the proposed legislative amendment).
Borden Ladner Gervais LLP provides this summary of the final changes.
- Property owners are no longer able to submit an RSC for filing based solely on a phase one environmental site assessment (ESA) unless it was required under the EPA and RSC Regulation, subject to prescribed exceptions detailed below.
- The exception under subsection 15(1) relating to changes in use to mixed-use developments is no longer limited to six storeys for properties.
- Building envelope has been expanded to include exterior works in specific circumstances.
- Parties involved in the purchase and sale of real property will no longer be able to impose a requirement to file an RSC supported only by a phase one ESA unless required under the EPA and RSC Regulation, and subject to the above exceptions.
- The same applies to financial institutions that require an RSC to be filed by a borrower looking to secure financing and some municipal authorities that require an RSC as part of development and building permit approvals and applications.
These changes look to be consistent with the changes that were proposed and discussed in our January 2025 blog.
The changes to the RSC and Excess Soil Regulations may help encourage the beneficial reuse of soil (and aggregate), reduce barriers to development in Ontario, while protecting the environment (image purchased on Shutterstock).
Ontario’s Excess Soil Regulation
According to the announcement on the Environmental Registry of Ontario, “Ontario has made amendments to Ontario Regulation 406/19 to enable greater reuse of excess soil, provide added flexibility in soil management options, and reduce costs for businesses. This is an update to our previous December 2024 decision notice regarding a change to the in-effect date of a provision to restrict landfilling of cleaner excess soil.”
In our October 31, 2024, blog, we discussed the proposed amendments to the Excess Soil Regulations. In that blog, we also addressed #6 below (see our February 2024 article, “Naturally-elevated metals concentrations are resulting in more landfilling and less beneficial reuse of soils”).
The October 2025 changes to Ontario’s Excess Soil regulation (Ontario Regulation 406/19) fall into the following categories.
- Exempt aggregate reuse depots from the requirement for a waste environmental compliance approval (ECA), subject to rules.
- Enhanced reuse opportunities for recycled engineered aggregate and stormwater management pond sediment.
- Reuse between infrastructure project areas and reuse sites that are infrastructure undertakings.
- Reduced reuse planning requirements for excess soil moved between infrastructure projects.
- Allowing in-situ sampling for stormwater management pond sediment.
- Regional mapping of naturally occurring local background concentrations.
- Clarifications, Corrections, and Consequential Amendments.
Reducing Administrative Barriers
Discussing the changes in the RSC and handling Excess Soil, Janet Bobechko at Weir Foulds wrote, “The October 2025 amendments mark a major step in Ontario’s continuing modernization of environmental regulation for development and infrastructure. The changes to the Records of Site Condition Regulation and the Excess Soil Regulation reflect a government policy direction focused on encouraging the beneficial reuse of excess soil and aggregate to conserve landfill capacity, reducing administrative barriers to brownfield and infrastructure development, and maintaining strong environmental safeguards through updated standards, qualified professional oversight, and clearer guidance. MECP plans to provide additional education to support greater understanding and promote consistent application across municipalities and industry sectors.”
For more details on these amendments, see our previous blogs and the blogs by the law firms referenced above, or contact Christopher Paré, P.Geo., at 519-948-7300, Ext. 114.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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