Indwell Community Homes - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-4265
Ministry reference number
2478-C6BJ3H
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
October 14, 2021 - November 13, 2021 (30 days) Closed
Last updated

This consultation was open from:
October 14, 2021
to November 13, 2021

Decision summary

We issued Certificate of Property Use (CPU) No. 2478-CB6JH3 to Indwell Community Homes for part of the 219-247 East Avenue North property in Hamilton, Ontario. This property was previously known municipally as 225 East Avenue North, Hamilton at the time that the proposal was posted.

Location details

Site address

225 East Avenue North
(Parcel 2)
Hamilton, ON
L8L 5J3
Canada

Site location details

Part of Lots 89, 90, & 91, Robert Land Survey (aka OM1433), being on the west side of East Ave., designated as Part 2 on Reference Plan 62R-21424 , in the City of Hamilton, comprising part of the lands known as Property Identification Number (PIN) 17183-0290 (LT).

 

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Indwell Community Homes
1430 Main Street East
Hamilton, ON
L8K 1C3
Canada

Decision details

On November 26, 2021, we issued Certificate of Property Use (CPU) No. 2478-CB6JH3 to Indwell Community Homes who is the current owner of the property. The CPU requires the owner to implement risk management measures at part of the 219-247 East Avenue North, Hamilton property (property) to prevent or minimize potential exposures to contaminants of concern (CoC) present on the property, including:

  • the construction of an open-air storey storage garage, as defined in the Building Code, at grade level within any newly constructed building(s) on the property
  • the implementation of a groundwater monitoring program in accordance with the risk management plan
  • the development of a health and safety plans to ensure that CoC present on the property are handled appropriately and safely during intrusive activities on the property
  • inspection, maintenance and reporting requirements to document and ensure that the risk management measures are implemented as set out by the CPU

A certificate is to be registered 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.

During the finalization of the CPU for this property, the municipal description of the property was updated to being part of 219-247 East Avenue North, Hamilton from the previously indicated 225 East Avenue North, Hamilton.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The director did not require any changes to the draft CPU as a result of public consultation.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

How to Appeal

This instrument decision can be appealed. You have 15 days from January 17, 2022 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

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:

  1. prepare your application
  2. provide notice to the minister
  3. 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:

  1. 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
  2. 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
  3. 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:

  1. 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?
  2. 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)

Issuing authority
Stephen Burt
District Manager

Hamilton District Office
119 King St W
9th Floor
Hamilton, ON
L8P 4Y7
Canada

(905) 541-4533

Proponent(s)

Indwell Community Homes
1430 Main Street East
Hamilton, ON
L8K 1C3
Canada


Appellate body

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Include the following:

ERO number
019-4265
Ministry reference number
2478-C6BJ3H

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

Connect with us

Contact

Stephen Burt

Phone number
Email address
Office
Drinking Water and Environmental Compliance Division - West Central Region Office (Hamilton)
Address

119 King Street West
Floor 12
Hamilton, ON
L8P 4Y7
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
019-4265
Ministry reference number
2478-C6BJ3H
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 14, 2021 - November 13, 2021 (30 days)

Proposal details

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 of industrial, commercial and community defined by O. Reg.153/04.

Our review of the risk assessment involved the following reports, documents, information and correspondence:

  • a risk assessment for Part of 225 East Avenue North, Hamilton, Ontario (Parcel 2), prepared by Intrinsik Corp., dated November 2020
  • a revised risk assessment for Part of 225 East Avenue North, Hamilton, Ontario (Parcel 2), prepared by Intrinsik Corp., dated April 2021
  • an addendum to a revised risk assessment for Part of 225 East Avenue North, Hamilton, Ontario (Parcel 2), prepared by Intrinsik Corp., dated August 2021

Based on the documents provided to us 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)
  • the associated guidance documents

The director provided the proponent with written Notice of the Director’s Decision to accept risk assessment number 8607-BPU598 relating to the property in accordance with section 168.5 of the Act on September 7, 2021.

The director is considering the issuance of a 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 draft CPU number 2478-C6BJ3H is attached.

Additional public consultation

The director will provide notifications of this CPU posting to adjacent properties advising of this proposal posting and the opportunity to comment on this proposal.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from October 14, 2021
to November 13, 2021

Connect with us

Contact

Stephen Burt

Phone number
Email address
Office
Drinking Water and Environmental Compliance Division - West Central Region Office (Hamilton)
Address

119 King Street West
Floor 12
Hamilton, ON
L8P 4Y7
Canada

Office phone number