Ontario’s 2027 Excess Soil Rules Require Earlier Reuse Planning

• Landfill disposal will become more restricted: Starting January 1, 2027, Ontario will restrict landfilling excess soil that meets specified cleaner-soil standards, subject to defined exceptions
• Soil management decisions need to happen earlier: Projects should understand expected soil volumes, quality, regulatory requirements and viable destinations before excavation begins
• Qualified expertise can reduce uncertainty: Engaging a Qualified Person (QP) early can help project leaders understand applicable requirements, characterize soil and develop a practical management strategy

Ontario Regulation 406/19: On-Site and Excess Soil Management was introduced to establish rules for managing excess soil and support its beneficial reuse. The regulation has taken effect in phases, with another significant milestone approaching.

On January 1, 2027, a provision restricting the landfilling of excess soil that meets Table 2.1 residential, parkland and institutional standards will take effect. The Ontario government delayed the provision from January 2025 to provide industry more time to prepare.

The restriction is not an absolute ban on sending clean excess soil to landfills. Defined exceptions apply. For example, a QP may determine that soil is inappropriate for reuse because of certain chemicals, invasive species, geotechnical instability or other specified physicochemical characteristics.

The change is relevant to project owners and teams generating excess soil across real estate development, municipal infrastructure, transit, utilities and industrial projects. Projects expected to generate qualifying excess soil in 2027 and beyond should account for the restriction when planning soil characterization, movement and destination options.

For project owners, the practical implication is that landfill disposal should not be the default destination strategy for qualifying excess soil generated in 2027 and beyond.

The destination of excess soil can affect project costs, schedules, procurement and construction logistics. Waiting until excavation begins to identify appropriate destinations can narrow available options.

This makes early planning particularly important for real estate development, municipal infrastructure, transit, utilities, industrial projects and other work involving significant excavation.

Ontario also amended the regulation in October 2025 to create additional opportunities for beneficial reuse, particularly for infrastructure projects. Changes include greater flexibility for moving soil between certain infrastructure projects, reduced reuse planning requirements in specified circumstances and new provisions for aggregate reuse depots.

The opportunity is therefore broader than finding somewhere else to put soil. Project leaders can evaluate soil as a material to manage and potentially reuse rather than automatically treating it as waste.

Projects expected to generate excess soil in 2027 and beyond should start assessing their approach now.

Key actions include:

• Review upcoming projects and expected excess soil volumes
• Determine which regulatory requirements and exemptions apply
• Engage a QP early enough to inform project planning
• Characterize soil where required and identify appropriate reuse opportunities
• Assess reuse destinations and contingency options before excavation
• Incorporate excess soil requirements into procurement, contracts, schedules and logistics
• Confirm applicable tracking, documentation and Excess Soil Registry requirements

The January 1, 2027 deadline is not only a compliance milestone. It is a project-planning milestone. Projects that establish a soil management strategy early will be better positioned to manage regulatory requirements while protecting schedule and cost certainty.