2821383 Ontario 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 uses as residential and parkland as defined by O. Reg. 153/04 (the "Regulation"), as amended, made under the Environmental Protection Act (the "Act").

The ministry has accepted the risk assessment prepared for the owner as part of the continued use of the property.

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 has provided the proponent with written Notice of the Director’s Decision to accept the risk assessment relating to the property in accordance with s. 168.5 of the Act.

The director is considering issuing a Certificate of Property Use (CPU) in relation to the property. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The proposed CPU No. 2672-CQCJPB-1, is attached to this notice.

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:

• installing, inspecting and maintaining hard cap and fill cap barriers on the property as specified in sections 4.2 (a) to 4.2 (d) of the CPU
• prohibiting the construction of any new building(s) on part one of the property unless the new building(s) is constructed as specified in section 4.2 (e) of the CPU
• implementing a performance monitoring program for any new building(s) constructed on part one of the property as specified in section 4.2 (l) of the CPU
• constructing and maintaining shoreline erosion barriers along the shoreline boundaries on the property as specified in section 4.2 (m) to (r) of the CPU
• implementing a property specific soil and groundwater management plan during any intrusive activities on the property or portions of the property potentially in contact with COCs identified in soils and/or groundwater as specified in section 4.2 (s) of the CPU
• implementing a health and safety plan during any intrusive activities undertaken on the property potentially in contact with COCs in soil and/or groundwater as specified in section 4.2 (t) of the CPU
• prohibiting the planting of fruit and vegetables for consumption, other than those planted in above ground containers, such that they are isolate from the subsurface conditions as per section 4.2 (u) of the CPU
• prohibiting the use of groundwater in, on or under the property as per section 4.2 (v) of the CPU