Hamilton 188 GP Inc. and Hamilton 188 LP - Certificate of property use

A risk assessment was completed for this property to evaluate potential risks posed by identified contaminants to future users and to determine appropriate risk management measures. The purpose of the risk assessment is to ensure the property is suitable for its intended “mixed commercial and residential” use, as defined by Ontario Regulation 153/04.

Based on the information provided to the Ministry, the Ministry has determined that the risk assessment was conducted in accordance with the Environmental Protection Act, Ontario Regulation 153/04, and applicable guidance documents.

The Director issued a written Notice of the Director’s Decision to accept risk assessment no. 2805‑D65GCS for the property under section 168.5 of the Environmental Protection Act on February 6 2026.

The Director is considering issuing a Certificate of Property Use (CPU) for the property. A CPU is a legal instrument that imposes conditions on the use of the property to ensure that the risk management measures identified in the risk assessment are properly implemented and maintained.

The proposed CPU incorporates the risk management measures set out in the risk assessment, along with additional conditions proposed by the Director. The proposed CPU also includes an order under section 197 of the Environmental Protection Act, which would require the certificate to be registered on title. This order would further require that, before the property is dealt with in any manner, a copy of the CPU be provided to any person acquiring an interest in the property.

The proposed risk management measures include:

• installing, inspecting, and maintaining barriers to site soils
• imposing building construction requirements for future buildings to address the soil vapour intrusion pathway
• implementing vapour mitigation measures for new residential buildings
• implementing a sub‑slab vapour and indoor air monitoring program
• implementing a soil and groundwater management plan
• implementing a health and safety plan
• prohibiting the planting of fruits and vegetables for human consumption
• requiring annual reporting; and
• providing financial assurance, including contingency provisions

The proposed CPU (no. 4680‑DR2PHE) is available under the Supporting Materials section of this posting.