This consultation was open from:
November 8, 2021
to December 23, 2021
Decision summary
A Certificate of Property Use was issued to 1291105 Ontario Limited for the property located 501 Krug Street, Kitchener.
Location details
Site address
501 Krug Street
Kitchener,
ON
Canada
Site location details
501 Krug Street
Kitchener, Ontario
With a legal description of:
Lot 1 to 9 and 22 to 31 plan 927 kitchener;
Part Lot 10 and 21 plan 927 Kitchener;
Part 1, 58R-5350; subject to 522985 Kitchener;
Being all of PIN: 22523-0032 (LT)
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
1291105 Ontario Limited
501 Krug Street, Unit #201
Kitchener,
ON
N2B 1L3
Canada
Decision details
Certificate of Property Use (CPU) No. 7568-C7NLFP was issued to 1291105 Ontario Limited on December 30, 2021.
The CPU requires the instrument holder to ensure that the following key measures are undertaken:
- restricting the commercial use of the property or any portion of the property as specified in Section 4.2 (a) of the CPU
- maintaining the existing hard cap barriers and soil cap barriers on the property and or installing, inspecting and maintaining any new hard cap or shallow soil cap barriers in this area of the property as identified in Schedule ‘A’: Figure 2- Area Requiring Hard Cap and or Soil Cap Barrier RMM (Figure 2) and as specified Section 4.2 (b), 4.2 (c) and 4.2 (f) of the CPU
- prohibiting the construction of any building(s) on the property unless the new building(s) is constructed as specified in Section 4.2 (f) of the CPU
- implementing a soil and groundwater management plan during any intrusive activities undertaken on the property potentially in contact with COCs in soil and groundwater that have been identified in the risk assessment at concentrations that exceed the applicable site condition standards as per Section 4.2 (h) of the CPU
- prohibiting the use of groundwater in on or under the property as per Section 4.3 of the CPU
- prohibiting the planting of fruit and vegetables for consumption on the property or portions of the property, other than those planted in above ground containers such that they are isolated from the subsurface conditions as per Section 4.4 of the CPU
- 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 Section 4.7, 4.8 and 4.9 of the CPU
No changes were made by the director prior to finalizing the Certificate of Property Use and a copy is attached to this notice.
Effects of consultation
Written notice was also provided by the ministry to both the lower and upper tier municipalities and no comments were received by the ministry during the public consultation process.
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 5, 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:
- 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)
1291105 Ontario Limited
501 Krug Street, Unit #201
Kitchener,
ON
N2B 1L3
Canada
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
Include the following:
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
Jeff Burdon
40 St. Clair Avenue West
9th Floor
Toronto,
ON
M4V 1M2
Canada
Original proposal
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 use of mixed commercial, residential and institutional use use as defined by O. Reg. 153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:
- Risk Assessment Report for 501 Krug Street, Kitchener, Ontario. Prepared by GHD Limited for 1291105 Ontario Limited dated August 10, 2020
- Risk Assessment Report for 501 Krug Street, Kitchener, Ontario. Prepared by GHD Limited for 1291105 Ontario Limited dated December 22, 2020
- Risk Assessment Report for 501 Krug Street, Kitchener, Ontario. Prepared by GHD Limited for 1291105 Ontario Limited dated May 27, 2021
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. 7231-B7NM7C relating to the property in accordance with section 168.5 of the act on July 23, 2021.
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) No 7568-C7NLFP is attached.
All comments will be considered as part of the decision-making by the ministry if they:
- are submitted in writing
- reference both the EBR Registry Number and the ministry Instrument Reference
- are received by the contact person within the specified comment period
No acknowledgement or individual response will be provided to those who comment.
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 November 8, 2021
to December 23, 2021
Connect with us
Contact
Jeff Burdon
40 St. Clair Avenue West
9th Floor
Toronto,
ON
M4V 1M2
Canada
Comments received
Through the registry
0By email
0By mail
0