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SOIL DUMPING ON SIX NATIONS OF THE GRAND RIVER RESERVE

COMMUNITY NOTICE:

SOIL DUMPING ON SIX NATIONS OF THE GRAND RIVER RESERVE

For Immediate Release: September 17, 2026

OHSWEKEN, ON – Six Nations of the Grand River has been experiencing ongoing soil importation on our reserve lands. This soil may contain contaminants, liquid and solid waste, invasive species, and/or pathogens that present an ongoing threat to community health and our environment.

Six Nations of the Grand River has published an Interim Voluntary Compliance Protocol on Bulk Excess Soil Import and Dumping that clarifies requirements for importing, moving and transporting bulk excess soil. These requirements protect our environment, health, and roads and infrastructure, as well as reflect Six Nations’ role in stewarding our lands.

Despite this protocol, the community continues to experience problems with unauthorized soil dumping.

As per the Interim Voluntary Compliance Protocol, all soil proposed for import to Six Nations must meet environmental and safety standards.

Before any soil is brought onto the territory, the person or company responsible shall provide:

• Laboratory testing (within 6 months) confirming the soil is free of contaminants, including PAHs, VOCs, petroleum hydrocarbons, pesticides, heavy metals (including mercury), road salt, PFAS, and any other contaminants relevant to the source site.

• Verification from a Qualified Person (professional engineer, or geoscientist) with errors and omissions insurance confirming the soil contains no hazardous waste, invasive species, or biological waste, AND meets Ontario Environmental Protection Act Part XV.1 residential standards in a potable groundwater condition

• Direct transport from the source site with no secondary stockpiling, mixing, or processing prior to arrival at Six Nations.

• Confirmation that the soil contains no domestic, commercial, or industrial waste, including sludge, biosolids, wastewater effluent, construction debris, concrete, asbestos, drywall, tobacco, oil, gas, lubricants, paints, solvents, or similar materials.

• Importers (soil brokers, those transporting) must provide proof of origin and chain‑of‑custody documentation to ensure full traceability of the imported soil.

Any soil that does not meet these requirements is considered waste, not excess soil.

Any person or company who imports or transports bulk excess soil onto the Six Nations reserve without receiving permission from the Six Nations of the Grand River Environment Department breaches the Aboriginal and treaty rights held by Six Nations under section 35 of the Constitution Act, 1982 and infringes on Six Nations rights-holders’ ability to exercise sovereignty over reserve lands.

In addition to breaching the constitutional rights held by Six Nations, this conduct amounts to trespass on reserve lands both at common law and under sections 30 and 31 of the Indian Act. It also contravenes Six Nations by-laws and provincial and federal laws, including:

• Sections 3 and 4 of Six Nations’ Waste Management By-law, which prohibit dumping or transporting waste without a permit or certificate;

• Sections 22 and 23 of Six Nations’ Traffic By-law, which prohibit heavy traffic on reserve;

• Sections 40 and 41 of the Ontario Environmental Protection Act, which prohibit the disposal of waste that is not part of a waste management system; and

• Sections 3, 4 and 5 of the Indian Reserve Waste Disposal Regulations, which prohibit the unauthorized disposal of waste on reserve.

Six Nations of the Grand River will consider all available options to protect our community against these breaches, including initiating legal action against offenders. Concerned community members may contact the Six Nations of the Grand River Environment Department at (548) 328-3652 or the Ministry of the Environment, Conservation and Parks’ Spills Action Centre at 1 (800) 268-6060 to report soil dumping concerns. Six Nations of the Grand River looks forward to working with responsible persons and companies to consider specific import and transport projects. Media Contact Information: Darrien Bomberry, Public Relations Coordinator, (226) 387-0826 1695 Chiefswood Road, P.O. Box 5000, Ohsweken Ontario N0A 1M0

director

September 17th, 2026

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