Excess soil
 3. (1) Subject to subsection (2), excess soil is designated as waste. O. Reg. 406/19, s. 3 (1). (2) Excess soil is not designated as waste if all of the following criteria are satisfied: 1.  The excess soil is directly transported to a reuse site from a project area, a Class 1 soil management site, a Class 2 soil management site or a local waste transfer facility. 2.  Except if the owner or operator of the reuse site is the project leader for the project from which the excess soil was delivered, the owner or operator of the reuse site or a person authorized by the owner or operator has consented in writing to the deposit of the excess soil at the reuse site. 3.  The excess soil is dry soil and remains dry soil until it is finally placed at the reuse site, or, if it is not dry soil, an instrument described in paragraph 4 authorizes the excess soil to be deposited at the reuse site. 4.  If the reuse site is governed by one of the following instruments, the conditions set out in section 4 are satisfied: i.  A permit that is issued under a by-law passed under section 142 of the Municipal Act, 2001 or section 105 of the City of Toronto Act, 2006. ii.  Provisions of a by-law passed under section 142 of the Municipal Act, 2001
or section 105 of the City of Toronto Act, 2006. iii.  A licence or permit issued under the Aggregate Resources Act. iv.  An approval under the Planning Act. v.  A certificate of property use issued under section 168.6 of the Act. vi.  Any other site-specific instrument under an Act of Ontario or Canada that may regulate the quality or quantity of soil that may be deposited for final placement at the reuse site. 5.  If the reuse site is not governed by one of the instruments set out in paragraph 4, the conditions set out in section 5 are satisfied. O. Reg. 406/19, s. 3 (2). (3) If, at any time, the criteria mentioned in subsection (2) cease to be satisfied in respect of excess soil, the excess soil is designated as a waste and continues to be so designated until one of the following events: 1.  The criteria mentioned in subsection (2) have been satisfied again. 2.  In a case where a provincial officer has issued an order mentioned in subsection (4) in respect of the excess soil, the order has been complied with. 3.  Subject to subsection (6), the fifth anniversary of the day on which the undertaking for which the excess soil is used at the reuse site is completed. O. Reg. 406/19, s. 3 (3). (4) Subject to subsection (5), if a provincial officer has determined that the criterion mentioned in paragraph 4 or 5 of subsection (2) is not being satisfied, the provincial officer may, by order under section 157 of the Act, specify conditions that apply in respect of the excess soil instead of the criterion that is not being satisfied. O. Reg. 406/19, s. 3 (4). (5) The provincial officer shall not issue an order mentioned in subsection (4) unless all of the following criteria are met: 1.  The provincial officer is of the opinion that it is not practicable in the circumstances to satisfy the conditions mentioned in paragraph 4 or 5 of subsection (2). 2.  The provincial officer is of the opinion that, if the conditions specified in the order were met, no adverse effect would result, having regard to the following factors: i.  The quality and quantity of the excess soil that has been deposited for final placement at the reuse site. ii.  The beneficial purpose for which the excess soil is to be used at the reuse site. iii.  The conditions at the reuse site, including the type of property use. O. Reg. 406/19, s. 3 (5). (6) If an order has been issued in respect of the excess soil before the fifth anniversary mentioned in paragraph 3 of subsection (3) and the order has not been complied with as of the fifth anniversary, the excess soil is designated as a waste until such day as the order is complied with. O. Reg. 406/19, s. 3 (6). (7) For the purposes of paragraph 3 of subsection (3), the day on which the undertaking for which the excess soil is used at the reuse site is completed shall be determined having regard to any documents provided by the operator of the reuse site relating to the completion of the undertaking. O. Reg. 406/19, s. 3 (7). (8) Despite the requirements under subsection (2), excess soil that leaves a retail landscaping soil depot is not designated as waste as long as, (a)  the excess soil meets the soil quality standards set out in the Soil Rules for the purposes of this subsection; and (b)  the excess soil leaves the retail landscaping soil depot pursuant to a purchase of soil of less than 25 m3. O. Reg. 775/20, s. 3.