We support the suggested…

We support the suggested delay for the implementation of the Phase 2 requirements - those namely being the planning and reporting documents, and the tracking & haulage requirements which are spelled out in the Regulation.

As a consulting engineer and QP actively working with developers, contractors and municipalities, we have seen firsthand the effects of the implementation of this regulation, and the detrimental effects it has on project costs and scheduling impacts. While we support the requirement to engage qualified persons (QP) to assist in developing plans to assess and characterize soil conditions, we find that the Regulation is heavy-handed in its approach - outlining rigid reporting requirements, sampling and testing frequencies and prescribed minimum test parameters which have limited regard for the actual site conditions or site history, and which rely upon tools which rely heavily upon reporting sampling and reporting requirements which have been co-opted from the Record of Site Condition regulation.

We would encourage the Ministry to use the time that the implementation delay provides, to undertake further consultation with industry stakeholders, who are directly impacted by the implementation of this Regulation. Continuing to move forward with the regulation in its current form, will continue to lead to significant costs and affect construction schedules, adding undue burden to project costs, which, in the case of residential construction projects and infrastructure construction projects, ultimately gets passed along to homeowners and taxpayers.

This flies in the face of the current government’s direction for making housing and the cost of living more affordable, and bringing housing to the marketplace in a more timely manner. Based on the News Release issued by the Provincial Government made on March 30, 2022, it is understood that the Province commits to a housing supply action plan every year over four years, starting in 2022-23, with policies and tools that support implementing the recommendations from the housing affordability Task Force’s report. The Excess Soils Regulation in its current form, hinders this process, instead of promoting it; and, creates increased pressure on the construction industry.