8.
 8. (1) Subject to subsections (2) and (3), the project leader for a project, respecting a project area described in subsection (1.1), shall ensure that, before removing from the project area soil that will become excess soil once removed, a notice is filed in the Registry setting out the information listed in Schedule 1. O. Reg. 406/19, s. 8 (1); O. Reg. 555/22, s. 2 (1). (1.1) A project area to which subsection (1) applies is one that meets any of the following criteria: 1.  After making reasonable efforts to take into consideration any past reports about past uses and activities respecting the project area, the project leader is of the opinion that the project area is or has ever been, in whole or in part, an enhanced investigation project area, except if, i.  a record of site condition has been filed in respect of the enhanced investigation project area under Part XV.1 of the Act and the record of site condition does not contain a certification made under subparagraph 4 ii of subsection 168.4 (1) of the Act in respect of a risk assessment, and ii.  no part of the project area has been used as an enhanced investigation project area since the filing of the record of site condition mentioned in subparagraph i. 2.  Any part of the project area is located in an area of settlement within the meaning of the Planning Act and the amount of soil to be removed from the project area is 2,000 m3 or more, unless the whole project area is currently used for, or in the case of an unused area, its most recent use was for, any of the following within the meaning of Ontario Regulation 153/04: i.  A residential use. ii.  An institutional use. iii.  A parkland use. iv.  An agricultural or other use. 3.  All or part of the project area is being remediated by excavating and removing excess soil from the project area for the purpose of reducing the concentration of contaminants on, in or under the project area, including remediating the project area for the purpose of filing a record of site condition under Part XV.1 of the Act. O. Reg. 555/22, s. 2 (2). (2) This section does not apply to a project leader in respect of a project and its project area if, (a)  one of the sets of circumstances described in Schedule 2 applies; or (b)  the project leader entered into a contract with another person with respect to the management of excess soil from the project before January 1, 2022. O. Reg. 406/19, s. 8 (2); O. Reg. 775/20, s. 7. Note: On January 1, 2026, subsection 8 (2) of this Regulation is revoked and the following substituted: (See: O. Reg. 406/19, s. 29 (1)) (2) This section does not apply to a project leader in respect of a project and its project area if one of the sets of circumstances described in Schedule 2 applies. O. Reg. 406/19, s. 29 (1). (3) The project leader may, before filing a notice in the Registry, remove from the project area soil that will become excess soil once removed if the following conditions are satisfied: 1.  The preparation of a sampling and analysis plan is required under this Regulation in respect of the project and it is impracticable to conduct the required sampling at the project area. 2.  The soil is removed from the project area and delivered to a local waste transfer facility or a Class 2 soil management site in accordance with this Regulation for the purposes of conducting the required sampling. 3.  The project leader ensures that the required sampling is conducted promptly upon delivery of the soil to the local waste transfer facility or the Class 2 soil management site. O. Reg. 406/19, s. 8 (3). (4) If soil is removed as described in subsection (3) before filing a notice in the Registry, the project leader shall ensure that the notice is filed in the Registry setting out the information listed in Schedule 1 before the excess soil is transported from the Class 2 soil management site or the local waste transfer facility to a Class 1 soil management site, reuse site, landfilling site or dump. O. Reg. 406/19, s. 8 (4).