Course Registration

On January 1, 2023, the notice, tracking and record keeping obligations set out in Ontario’s new regulation for On-Site and Excess Soil Management, Regulation 406/19, (passed under Ontario’s Environmental Protection Act) came fully into force on January 1, 2021.

In a seminar on April 12, 2023, Rob Kennaley of Kennaley Construction Law, Freesia Waxman of Grounded Engineering, and Kerry Meikle of Walker will provide an overview of the legislation along with practical strategies for owners, contractors, subcontractors, and receiver sites.

Topics to cover include:

• the broad definition of “excess soil” and what the new regulation requires;
• the critical importance of the ‘Project Leaders’: determining who they are, and what they need to do, on a job-by-job basis;
• the exemptions available under the Regulation, under which some or all of the Regulation’s requirements can be avoided;
• how the obligations and risks associated with excess soils can be allocated in the contract documents, and who bears the risk of the delays and impacts?
• the intensive notice, record keeping and reporting requirements: what needs to happen and what are the consequences if you don’t meet the requirements?
• Issues and requirements in relation to storage, processing and receiving sites;
• practical strategies: pre-planning, the ‘beneficial purpose’ test and options for assessment, treatment and re-use; and
• available resources to help you get ready.

SPEAKER INFORMATION:

Robert J. Kennaley - Principal
Robert Kennaley worked in the construction industry for 15 years before going to law school. He has since practiced exclusively in the area of construction law for his 25+ year career in law. His day to day practice involves contract drafting and review, dispute resolution and negotiations, construction lien and trust claims, claims involving owners, consultants and insurers, tendering issues and claims, building code violations, claims against performance and labour and material payment bonds and Occupational Health and Safety Act issues.

Rob has acted for the Ministry of Transportation, Tarion Warranty Corporation, Municipalities, private and public owners, home-builders and developers, general contractors, subcontractors and trades of all kinds, as well as suppliers, surety companies, architects and engineers.

Rob speaks and writes regularly on construction law issues, for trade associations, universities, colleges and education providers.

Freesia Waxman, M.A.Sc., P.Eng., QPESA – Senior Project Engineer
Freesia has 13 years of experience in environmental engineering. She has extensive project management, coordination, technical, and field experience in a variety of environmental services including Excess Soil, Phase One and Two Environmental Site Assessments, Risk Assessments, Records of Site Condition (RSCs), remediation programs, soil and fill management plans, underground storage tank removals, baseline environmental studies, hydrogeological investigations, and environmental compliance approvals (ECAs) for liquid soils. She is responsible for external peer review, project management, senior review and guidance on environmental, hydrogeological, remediation, and brownfield development projects, and is regularly retained to consult on excess soil and O.Reg. 406/19. Freesia holds undergraduate and graduate degrees in Civil Engineering from McMaster University. She is a licenced Professional Engineer in the Province of Ontario and is a Qualified Person (QPESA) with the Ministry of the Environment, Conservation and Parks under Ontario Regulation 153/04 and O.Reg. 406/19.

Kerry Meikle is an Environmental Performance Business Partner at Walker and supports the Niagara and Essex Walker Aggregates businesses operate in a manner that is compliant with environmental regulations and corporate environmental policies, through facility permitting and reporting, policy advocacy. Kerry is responsible for supporting sales staff in education around O. Reg. 406/19 and screening all incoming excess soil disposal requests for local quarry reuse sites to ensure soils meet the approved reuse criteria and O. Reg. 406/19 requirements.