OFA is primarily concerned with ensuring that agricultural lands remain productive and free from potential contaminants that could threaten our local food safety and supply. Eliminating the risk of contamination to agricultural lands is paramount. While we understand that the Excess Soil Regulation is being amended to make it more practical and focused on higher-risk projects moving soil in the province, we remain concerned with any lessening of the regulation related to movement of soils onto agricultural lands regardless of the source.
MECP is proposing changes to the Excess Soil Regulation such that the reuse planning requirements would not apply to a project area if it is used or was most recently used for an agricultural or other use, a residential use, a parkland use, or an institutional (e.g., schools) use, as defined in the Records of Site Condition Regulation (O. Reg. 153/04).
OFA is committed to protecting agricultural lands and we maintain that agricultural activities make the highest and best use of arable land. Soil is a non-renewable resource vital to food production and human health.
OFA believes the generator is responsible for ensuring the quality of excess soil meets all provincial quality requirements for application to agricultural lands.
OFA does not wish to increase regulatory burden on farmers to access and reuse excess soils as fill on their property; we will continue to monitor the implementation of the Excess Soil Regulation to ensure negative impacts to agricultural lands are prevented.