With O. Reg. 406/19 the MECP…

With O. Reg. 406/19 the MECP has successfully created a roadmap on how excess soils are
to be managed that allows for consistency in application pertaining to; sampling, tracking,
notice filing, on-site reuse and professional oversight by Qualified Persons.

Since November 2019, the MECP and stakeholders (construction associations, municipal
groups, ONEIA, ULI, PEO, etc..) have hosted dozens of education sessions. These sessions
have spread across Ontario for over three years outlining the nuances of O. Reg. 406/19
including notification of the MECP’s phased approach of implementation. Even with Covid
19 limiting in-person events, the messaging and engagement opportunities continued to get
the word is out and industry has adapted to the ‘new way of managing soil’.

There have been a number of proactive project leaders and stakeholders considered, ‘early
adopters’ that have instituted O. Reg. 406/19 prior to full implementation date of January 1,
2022.

The MECP in Dec 2020 issued an amendment to the regulation to include a wider range of
projects to fall under O. Reg. 406/19 resulting in O. Reg. 775/20. The MECP and industry
have taken the appropriate measures to ensure excess soils are properly managed and a level
playing field is set.

Like many others in the Industry, GFL has invested significantly in software systems and
operational processes to manage the changes from O. Reg. 406/19.

A temporary “pause” to the implementation of the O. Reg. 406/19 will not override the
specific regulatory conditions within the Environmental Compliance Approvals of the Soil
Treatment Facilities and as such, once again reestablishes an imbalance that will significantly
impact of these operations, both at a compliance and financial level.

For the MECP to consider a temporary ‘pause’ on the January 1, 2022, would only benefit the
minority of stakeholders that have disregarded their responsibilities to familiarize themselves
with the regulation. There has been ample opportunity to be made aware, educated and adjust
with the phased approach the MECP has taken. Rewarding these stakeholders is not the
answer and diminishes the vast amount of human and financial capital industry has made in
preparation of January 1, 2022