The following comments are…

The following comments are submitted behalf of the City of Mississauga, through the Environmental Services Section, Transportation & Works Department. There are no objections to the first part of the proposed amendment to prohibit the filing of Records of Site Condition (RSCs) where there is no change to a more sensitive land use and a Phase One Environmental Site Assessment (ESA) does not identify any potentially contaminating activities or areas of potential environmental concern were identified for that property.

Regarding the second part of the proposed amendment about lifting the restriction on heights of the conversion of existing commercial or community use buildings into mixed use buildings, there are comments presented here for consideration to ensure the protection of future residential occupants from potential exposure to contamination. Conversion of these types of buildings to unrestricted heights would constitute a significant number of applications that the City receives. Commercial and community use buildings that are not “enhanced investigation properties” are not without any risk of contamination. We have found that even some residential properties being converted into higher density residential uses can be impacted with contaminants that exceed the applicable Site Condition Standards and need to be remediated in more than a few cases. Therefore, if this proposed amendment proceeds, it should be made clear under the Planning Act that municipalities would still have the right to require the submission of Phase One ESA reports, and Phase Two ESA reports if the Phase One ESA identifies potential contamination sources, as conditions of approval of site plan, condominium conversion, rezoning and zoning variance applications for these types of conversions from commercial/community use to mixed use.

Additionally, if the Phase Two ESA reports indicate the presence of contaminants that exceed the applicable Site Condition Standards, it should be made more clear and explicit under the Planning Act that municipalities have the ability to require the property owners to either fully remediate the property to meet the applicable standards or conduct a risk assessment with appropriate risk management measures implemented in accordance with the procedures outlined in O. Reg. 153/04, even though a RSC is not required to be filed. This is to ensure the protection of the health and safety of future residential occupants.

As a further safeguard, the MECP should consider adding a prohibition on community gardens (growing of fruit or vegetables for human consumption) for such property developments, unless they are restricted to above-ground containerised raised beds with physical separation from soils below ground surface level if a Phase Two ESA confirms the presence of contaminants that exceed the applicable Site Condition Standards. Otherwise, municipalities should be permitted under the Planning Act to impose such restrictions to be registered on title prior to approval of the proposed development in such circumstances.

Thank you very much for your consideration to ensure the on-going protection of human health and safety.