XO2 Residences Inc. - Certificate of property use

A risk assessment was undertaken for this property to establish the risks that the contaminants identified in the risk assessment may pose to future users and to identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of residential as defined by Ontario Regulation 153/04 (the "Regulation"), as amended, made under the Environmental Protection Act (the "Act").

Based on the documents provided to the ministry as part of the risk assessment reports, the reviewers confirmed that the risk assessment has been conducted in accordance with the Act, the Regulation, and the associated guidance documents. The director provided the proponent with written Notice of the Director’s Decision to accept the risk assessment relating to the property in accordance with section 168.5 of the Act.

The director is considering issuing a Certificate of Property Use (CPU) in relation to the property. The CPU incorporates the risk management measures proposed in the risk assessment and any additional conditions proposed by the director. A section 197 Order is included and requires that a certificate be registered on the property title in accordance with section 197 of the Act and that before dealing with the property in any way, a copy of the CPU must be given to any person who will acquire an interest in the property.

The proposed risk management measures include:

• building construction restrictions
• barriers to site soils
• inspection and maintenance program of barriers to site soils
• soil and groundwater management plan
• site specific health and safety plan for workers
• reporting requirements

The proposed CPU No.1707-D5PFF including the section 197 Order, is provided as a link under the supporting materials section of this notice.