Audit, Compliance and Risk Blog

The Canadian Council of Ministers of the Environment (CCME) has issued Excess Soil Reuse Guidance, with individual elements and an over-arching framework that jurisdictions can consider (and perhaps adopt, as published or with local variations) when establishing their own excess soil reuse regimes, and for landowners and consultants to consider when designing and implementing construction and remediation projects that generate excess soil. The remainder of this note summarizes this 51 page guidance document. 

What are CCME’s general objectives? 

CCME provides three general objectives: 

When projects involve generating soils (e.g., by surface grading or building foundation and subsurface work), and by managing and/or disposing of such soils, the Guidance calls for the following: 

• Ongoing scientific evaluation of types of contaminants, applicability to different conditions and situations (including geology and hydrology, and land uses), and appropriate standard-setting for different site conditions 

• Ensure accountability for appropriate project and soils management - assign responsible parties for sites and qualified person(s) to conduct and oversee activities, provide tracking and record keeping 
  
  

The Guidance encourages consideration of excess soils as resources to be beneficially (re)used, and sent to disposal only as a last resort. Accordingly, when excess soils are generated, ensure they are managed sustainably, including: 

• Provide pre-designed scenarios that balance costs and risks, to guide site-specific activities 

• Promote highest and best use of soils 
• Integrate soil management provisions with related provincial/territorial requirements and policies, e.g., brownfields, water quality 
  
  

The Guidance encourages measures to ensure that contamination and soils-related conditions are documented in ways that provide subsequent perspective purchasers with sufficient information about these conditions. These measures include: 

• Permits for soil activities – at source sites, during transportation, and at receiving sites 

• Reporting requirements to disclose project activities, testing of soil conditions, and soil management and outcomes 

• Record keeping 

What happens now? 

Jurisdictions throughout Canada have been increasing attention to excess soil management, to prevent environmental harms from inadequate management as well as to avoid wasting resources by over-management (such as landfilling soils that can instead be reused). The Guidance presents a detailed roadmap for implementation of excess soil management standards, useable to guide jurisdictions that are designing regulatory and administrative programs and standards. CCME recommends that requirements be applied through sampling and contaminant-level standards, incorporated into comprehensive site-specific Soil Management Plans for Source Sites and Receiving Sites. To the extent that jurisdictions apply this guidance, the overall quality and consistency of requirements should increase. Publication of this Guidance provides an opportune basis for non-governmental organizations to review existing standards applicable to their activities, and to compare existing situations with changes that would follow from adoption of this Guidance by relevant jurisdictions. 

Self-evaluation checklist 

Do any of the organization’s activities involve the generation and/or management of excess soils: 

• From onsite construction or other activities at the organization’s locations 

• From management of excess soils by the organization 

Has the organization evaluated its activities that involved excess soils: 

• under presently-applicable requirements (federal, provincial/territorial, and local) 

• in comparison with standards and procedures recommended by the new CCME Guidance 

Where can I go for more information? 

• CCME

- Excess Soil Reuse Guidance (PN 1649) (March 2025) 

- Homepage

About the Author

Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years. 

Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).

Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).

You may contact Mr. Elliott directly at: tei@ix.netcom.com