28.
 28. (1) Subject to subsection (3), the following persons shall retain every document and record that the person created or acquired under this Regulation for a period of at least seven years after the date that the document or record is created or acquired: 1.  A project leader or an operator of a project area. 2.  An owner or operator of a Class 1 soil management site, reuse site, local waste transfer facility, landfilling site or dump. 3.  An operator of a Class 2 soil management site. O. Reg. 406/19, s. 28 (1). (2) If a project leader or operator of a project area has entered into any contracts relating to the management of excess soil from the project area, including the transporting of excess soil from the project area, the project leader or operator of the project area shall retain the contract for at least seven years after the date the contract was entered into. O. Reg. 406/19, s. 28 (2). (3) A qualified person shall, (a)  retain any document or record prepared by the qualified person or prepared under the oversight of the qualified person under this Regulation for a period of at least seven years after the date that the document or record is prepared; or (b)  make reasonable efforts to ensure that a copy of any document or record mentioned in clause (a) is stored for the period referred to in clause (a) in the offices of the firm, corporation or partnership where the qualified person was employed at the time when the document or record was prepared. O. Reg. 406/19, s. 28 (3). (4) A qualified person or the offices of the firm, corporation or partnership at which the qualified person was employed at the time when the documents or records were prepared, shall, upon request, make any documents or records prepared by the qualified person or prepared under the oversight of the qualified person available to any public body responsible for the management of excess soil. O. Reg. 406/19, s. 28 (4). (5) A person transporting excess soil and all persons mentioned in subsection (1) shall retain a record required under section 18 in respect of excess soil for a period of at least two years after the day that the excess soil was loaded for transportation. O. Reg. 406/19, s. 29 (3). 28.1 Revoked: O. Reg. 388/22, s. 4 (2). 29. Omitted (provides for amendments to this Regulation). 30. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 406/19, s. 30; O. Reg. 270/20, s. 1. Schedule 1   Information to be set out in Notice (Section 8 of the Regulation) 1. A description of the project. 2. A description of the project area, including, (a)  the location of each property that is located, in whole or in part, within the project area and the geographic coordinates of the centroid of the property measured using a global positioning system receiver and projected on the Universal Transverse Mercator coordinate system; or (b)  if the project area includes linear facilities, a narrative description of the location of the project area including each end point and the geographic coordinates of each end point measured using a global positioning system receiver and projected on the Universal Transverse Mercator coordinate system. 3. The name, mailing address, postal code, telephone number and email address of each project leader for the project. 4. If the project leader is not the operator of the project area, the name, mailing address, postal code, telephone number and email address of the operator of the project area. 5. If a person authorized by the project leader files the notice on behalf of the project leader, the name and email address of that person. 6. If the project leader is a firm, corporation or partnership, the name of the person who is authorizing the filing on behalf of the firm, corporation or partnership. 7. If applicable, the name, mailing address, postal code, telephone number and email address of each qualified person who prepared or oversaw the preparation of documents under this Regulation. 8. An estimate of how much excess soil will be removed from the project area, broken down by any applicable Table in the Excess Soil Standards that the excess soil meets, if it is to be finally placed at a reuse site. 8.1 A list of all substances or other materials, including any natural or synthetic polymers but not including water, that may be in the excess soil as a result of using that substance or material in the excavation process or of the mixing of that material or substance with excavated soil or crushed rock. 9. The name of the person who is ultimately responsible for the transportation of excess soil from the project area, the mailing address, postal code, telephone number and email address of the person and if the person is a corporation, the individual to be contacted about inquiries regarding the transportation of excess soil. 10. The location of each Class 2 soil management site and local waste transfer facility at which excess soil is intended to be deposited and temporarily managed. 11. If the project leader is not the operator of the Class 2 soil management site mentioned in section 10, the name, mailing address, postal code, telephone number and email address of the operator of the Class 2 soil management site. 12. The location of each reuse site at which the excess soil is intended to be deposited for the purposes of final placement and for each reuse site, a description of, (a)  the type of property use of the reuse site; and (b)  the undertaking for which the excess soil is intended to be used. 13. The applicable excess soil quality standards for each reuse site mentioned in section 12, as determined in accordance with the Soil Rules, or, if site-specific excess soil quality standards have been developed for a reuse site by a qualified person, including by using the Beneficial Reuse Assessment Tool, an indication that this is the case and the name and contact information of the qualified person who developed the site-specific excess soil quality standards. 14. The location of each Class 1 soil management site, landfilling site or dump at which excess soil is intended to be deposited. 15. If the project leader undertakes a peer review of any of the actions required to be taken under this Regulation or subjects any of the actions to a certification process, a description of the peer review or certification process, including identification of the person responsible for conducting the peer review or the certification process. 16. A declaration by the project leader, stating the following: 1.  That the project leader has conducted reasonable inquiries to obtain all information relevant to compliance with this Regulation. 2.  If a qualified person was required to prepare or supervise the preparation of documents under this Regulation, i.  that the project leader has disclosed to the qualified person or supervisee all the information obtained as described in paragraph 1, ii.  that the project leader has, for the purpose of assisting the qualified person or supervisee in preparing the documents, provided the qualified person or supervisee with all necessary access to the project area and has authorized the qualified person or supervisee to make any inquiries of the project leader’s employees and agents, and iii.  that the qualified person has completed the applicable declarations, as outlined in the Soil Rules. 3.  That the information filed in the Registry is complete and accurate to the best of the project leader’s knowledge. 4.  That the project leader will develop and apply all necessary procedures to ensure that all necessary steps are taken to ensure that this Regulation is complied with and to ensure that excess soil from the project area will be disposed of in compliance with this Regulation. O. Reg. 406/19, Sched. 1; O. Reg. 775/20, s. 17. Schedule 2   Non-Application of section 8 of the Regulation 1. Revoked: O. Reg. 555/22, s. 7. 2. Both of the following circumstances apply: 1.  The amount of soil to be removed from the project area is less than 100 m3. 2.  The excess soil is directly transported to a waste disposal site that is not a Class 2 soil management site. 3. The reason for excavating the soil that will become excess soil is one of the following: 1.  Danger to the health or safety of any person. 2.  Impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it. 3.  Injury or damage or serious risk of injury or damage to any property or to any plant or animal life. 4.  The duty imposed by subsection 93 (1) of the Act. 5.  An order made by any authority with jurisdiction to make the order. 6.  Maintaining infrastructure in a fit state of repair, except if the excavation of soil is from a stormwater management pond for the purpose of maintaining the facility in a fit state of repair. 4. All of the following circumstances apply: 1.  The excavated soil is topsoil. 2.  The topsoil is transported directly to a reuse site from the project area for use as topsoil at the reuse site. 3.  After making reasonable efforts to take into consideration any past reports about past uses and activities respecting the project area from which the excavated soil was transported, the project leader is of the opinion that the project area is not and has never been, in whole or in part, an enhanced investigation project area. 4.  The primary purpose of the project from which the excavated soil was transported was not remediating contaminated land. 5. Revoked: O. Reg. 775/20, s. 18 (2). 6. Both of the following circumstances apply: 1.  The excess soil is excavated as part of an undertaking related to infrastructure. 2.  The project leader for the undertaking related to infrastructure intends, after removing the excess soil from the project area, to finally place it at a reuse site that is owned by the project leader or a public body and that is part of another undertaking related to infrastructure. 7. Both of the following circumstances apply: 1.  The soil is being deposited at a local waste transfer facility. 2.  The amount of soil to be deposited at the local waste transfer facility is 100 m3 or less. O. Reg. 406/19, Sched. 2; O. Reg. 775/20, s. 18; O. Reg. 555/22, s. 7.  Français