Cette consultation a eu lieu :
du 24 septembre 2025
au 8 novembre 2025
Résumé de la décision
Certificate of Property Use No. 2494-DJ2J3K was issued to Comtran Properties Inc. and Robstar Investments Limited for the intended continued industrial and commercial use of the property at 73 and 95 Curtis Avenue, City of Guelph.
Détails de l'emplacement
Adresse du site
73 & 95 Curtis Drive
Guelph,
ON
Canada
Détails de l'emplacement du site
PT Lot 23, Plan 630, being Part 1, 61R2161; Guelph.
Being ALL of PIN: 71360-0064 (LT)
AND
Lot 24, Plan 630 Save and Except Pts 1 and 2, 61R20218; S/T MS110412, City of Guelph.
Being ALL of PIN: 71360-0334 (LT)
Carte de l'emplacement du site
L'épingle de localisation correspond à la zone approximative où a lieu l’activité environnementale.
Afficher cet emplacement sur une carte opens link in a new windowPromoteur(s)
Comtran Properties Inc.
610 Burning Bush Road
Waterloo,
ON
N2V 2A4
Canada
Robstar Investments Limited
1978 Maplewood Road
St. Clements,
ON
N0B 2A4
Canada
Détails de la décision
Certificate of Property Use (CPU) No. 2484-DJ2J3K was issued to Comtran Properties Inc. and Robstar Investments Limited on May 26, 2026.
For this Certificate of Property Use (CPU), several Risk Management Measures were identified to be required because of the Risk Assessment for the intended continued industrial and commercial use as defined in O. Reg. 153/04. of the Property. Briefly, the key Risk Management Measures for the Property include, but not limited to, the following:
- prohibiting the construction of any new Building (s) on the Property unless the new Building (s) is constructed as detailed in section 5.1 of the CPU
- implementing a performance monitoring program for any new Building (s) on the Property that includes a Vapour Mitigation System (VMS) as detailed in section 4.10 of the CPU
- continuing to undertake the Indoor Air Quality Monitoring Program and implement the Contingency Plan within the Existing Building as detailed in section 4.14 of the CPU
- implementing a groundwater management plan during any Intrusive Activities undertaken on the Property potentially in contact with COCs in groundwater exceed the Applicable Site Condition Standards (ASCS) as detailed in section 4.16 of the CPU
- implementing a health and safety plan during any Intrusive Activities undertaken on the Property potentially in contact with COCs in groundwater that exceed the Applicable Site Condition Standards (ASCS) as detailed in section 4.17 of the CPU
- prohibiting the use of groundwater in, on or under the Property as per Section 5.2 of the CPU; and
- registering a certificate on the Property title in accordance with Section 197 of the Environmental Protection Act and that before dealing with the Property in any way, a copy of the CPU is to be given to any person who will acquire an interest in the Property as per Part 7 of the CPU
Effets de la consultation
Public consultation on proposed Certificate of Property Use 2484-DJ2J3K (the CPU) was provided through the Environmental Registry of Ontario (ERO) for 45 days; from September 24, 2025, to November 8, 2025. As a result of this public consultation, the Director received one submission from the City of Guelph (the City) dated Friday November 7, 2025. In order to fully consider the City’s comments prior to finalizing the CPU the Director requested clarification from the City via email on December 12, 2025. Subsequently, clarification was provided to the Director by the City via email on December 17, 2025.
After considering the City’s comments as well as the additional clarification that was provided on December 17, 2025, and consultation with ministry technical staff, no changes to the proposed CPU were found to be necessary.
For ease of reference, the rationale for the Director’s decision is provided below for each of the City’s comments:
Director’s Rationale for Comment No. 1:
The ministry recognizes that the City’s off-line municipal drinking water well (the Sacco Well) is located within 380 m southeast of the Property and that the City’s 2022 Water Supply Master Plan states that this well will be reinstated once the groundwater contamination in the area has been remediated or treatment becomes financially viable.
In this case, the Property owner voluntarily completed a risk assessment to ensure that human and ecological receptors will be protected for the continued industrial and commercial use of the Property. The risk assessment was accepted by the Director on May 22, 2025, and will support the owner filling a record of site condition (RSC) for the Property.
Based upon the information the ministry has reviewed for the Property, groundwater impacted by trichloroethylene (TCE) is not migrating off the Property at concentrations that will cause or are likely to cause an adverse effect. Further, the owner of the Property has been carrying our necessary actions since TCE impacted groundwater was first identified in 2004. Regarding the migration of impacted groundwater off-site that may potentially cause an adverse effect in the future, ministry officials have authority to use a variety of regulatory compliance and enforcement tools to address potential adverse effects off-site if those circumstances arise.
The selection of the appropriate tool is guided in part by Ontario’s Environmental Compliance Policy, on a case-by-case basis, and may be voluntary or mandatory in nature.
Director’s Rationale for Comment No. 2
A groundwater collection and treatment system was installed and commissioned in April 2005 and operates pursuant to several ministry environmental compliance approvals (ECAs). Ministry legislation requires that this system is operated in accordance with the terms and conditions of the applicable approvals.
Given the good compliance history of the owner, coupled with the fact that the system has been and continues to be operating under several existing approvals, incorporating a requirement to operate the groundwater collection and treatment system into the CPU is duplicative and not warranted at this time.
If the situation changes, Section 6.1 of the CPU requires the owner to notify the ministry in the event of any change in the physical site conditions or receptor characteristics at the Property that may affect the risk management measures (RMMs) and/or the underlying basis for the RMMs, and the steps taken to implement, maintain, and operate any further RMMs as may be necessary to prevent, eliminate or ameliorate any adverse effect.
As noted above, ministry officials can take appropriate regulatory compliance and enforcement actions to address any potential offsite migration of contaminants that may cause an adverse effect.
Should the owner of the Property wish to terminate the operation of the groundwater collection and treatment system, the owner will need to request that the existing ECAs are amended or revoked. Any such request would require the submission of supporting documentation, prepared by a qualified person, that indicates that the system is no longer necessary to mitigate impacted groundwater from migrating off-site at concentrations that could cause an adverse effect and include adequate confirmatory monitoring, along with a contingency plan, as may be necessary.
Documents justificatifs
Consulter les documents en personne
Certains documents justificatifs peuvent ne pas être accessibles en ligne. Si tel est le cas, vous pouvez demander à consulter les documents en personne.
Veuillez communiquer avec le bureau mentionné ci-dessous pour savoir si les documents sont accessibles.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
How to Appeal
Cet avis de décision peut être porté en appel. Vous avez jusqu’à 15 jours à partir du 1 juin 2026 pour entamer le processus d’appel.
Veuillez lire les renseignements suivants attentivement pour en savoir plus sur le processus d’appel.
Comment interjeter appelClick to Expand Accordion
Start the process to appeal
If you’re an Ontario resident, you can start the process to appeal this instrument decision.
First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.
If the appellate body grants leave, the appeal itself will follow.
Seek leave to appeal
To seek leave to appeal, you need to do these three things:
- prepare your application
- provide notice to the minister
- mail your application to three parties
1. Prepare your application
You’ll need to prepare an application. You may wish to include the following things in your application:
- A document that includes:
- your name, phone number, fax number (if any), and/or email address
- the ERO number and ministry reference number (located on this page)
- a statement about whether you are a resident in Ontario
- your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
- the parts of the instrument that you’re challenging
- whether the decision could result in significant harm to the environment
- the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
- the grounds (facts) you’ll be using to appeal
- the outcome you’d like to see
- A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
- Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered
The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:
- is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
- could the decision you wish to appeal result in significant harm to the environment?
2. Provide your notice
You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.
In your notice, please include a brief description of the:
- decision that you wish to appeal
- grounds for granting leave to appeal
You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3
3. Mail your application
You’ll need to mail your application that you prepared in step #1 to each of these three parties:
- appellate body
- issuing authority (the ministry official who issued the instrument)
- proponent (the company or individual to whom the instrument was issued)
Comtran Properties Inc.
610 Burning Bush Road
Waterloo,
ON
N2V 2A4
Canada
Robstar Investments Limited
1978 Maplewood Road
St. Clements,
ON
N0B 2A4
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Inclure les éléments suivants:
Il ne s'agit pas d'un avis juridique. Veuillez vous reporter à la Charte des droits environnementaux de 1993 pour connaître les exigences exactes prévues par la loi. Consultez un avocat si vous avez besoin d'aide avec le processus d'appel.
Communiquer avec nous
Contact
Aaron Todd
1 Stone Road West
Guelph,
ON
N1G 4Y2
Canada
Proposition initiale
Détails de la proposition
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 “industrial” and “commercial” use as defined by Ontario Regulation 153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:
- pre-submission Form for 73 and 95 Curtis Drive, Guelph, Ontario. Prepared by GHD Limited, dated June 21, 2022;
- risk assessment for 73 and 95 Curtis Drive, Guelph, Ontario. Prepared by GHD Limited, dated September 21, 2023;
- risk assessment for 73 and 95 Curtis Drive, Guelph, Ontario. Prepared by GHD Limited, dated May 17, 2024; and,
- risk assessment for 73 and 95 Curtis Drive, Guelph, Ontario. Prepared by GHD Limited, March 6, 2025
Based on the documents provided to the ministry as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted in accordance with the Environmental Protection Act (the act), Ontario Regulation 153/04 (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 No. 5866-CFSRVW relating to the property in accordance with section 168.5 of the act on May 22, 2025.
The director is considering the issuance of a Certificate of Property Use (CPU) in relation to the site. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The proposed Certificate of Property Use (CPU) is attached to this notice.
Documents justificatifs
Consulter les documents en personne
Certains documents justificatifs peuvent ne pas être accessibles en ligne. Si tel est le cas, vous pouvez demander à consulter les documents en personne.
Veuillez communiquer avec le bureau mentionné ci-dessous pour savoir si les documents sont accessibles.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
Commentaire
La consultation est maintenant terminée.
Cette consultation a eu lieu 24 septembre 2025
au 8 novembre 2025
Communiquer avec nous
Contact
Aaron Todd
1 Stone Road West
Guelph,
ON
N1G 4Y2
Canada
Commentaires reçus
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