Roundhouse Centre Windsor Inc. & Roundhouse Centre Windsor II Inc. - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-4907
Ministry reference number
7540-C5TLSB
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
January 17, 2022 - March 3, 2022 (45 days) Closed
Last updated

This consultation was open from:
January 17, 2022
to March 3, 2022

Decision summary

Certificate of Property Use No. 7540-C5TLSB was issued to Roundhouse Centre Windsor Inc. and Roundhouse Centre Windsor II Inc. as part of their continued use of, and any future development at the site.

Location details

Site address

3009, 3015, 3031, 3039, 3065, 3155, 3165, 3175, 3195, and 3205 Howard Avenue
Windsor, ON
N8X 3Y8
Canada

Site location details

The Roundhouse Centre Windsor.  An active commercial plaza on Howard Avenue in Windsor, Ontario.

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 window

Proponent(s)

Roundhouse Centre Windsor Inc. & Roundhouse Centre Windsor II Inc.
100 Sheppard Avenue East
Suite 502
North York, ON
M2N 6N5
Canada

Decision details

This Certificate of Property Use (CPU) requires the following risk management measures be implemented and/or maintained at the site:

  • property use restrictions including the use of ground water at the property and the planting of fruit and vegetables for human consumption
  • building construction restrictions: refraining from constructing any buildings within 30 metres of any volatile subsurface plume unless the new building is constructed with a vapour mitigation system
  • on-going soil vapour monitoring for specified building(s)
  • prohibiting the use of groundwater at the property
  • implementing and maintaining barriers (caps) to site soils
  • implementing a groundwater monitoring program
  • implementing a soil and groundwater management plan
  • implementing a health and safety plan

The Section 197 Order 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.

A copy of the final Certificate of Property Use and Section 197 Order is provided as a link under the Supporting Materials section of this Notice.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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 March 14, 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
Sean Morrison
Sarnia District Office Manager

Drinking Water and Environmental Compliance Division - Sarnia District Office
1094 London Road
Sarnia, ON
N7S 1P1
Canada

516-336-4030

Proponent(s)

Roundhouse Centre Windsor Inc. & Roundhouse Centre Windsor II Inc.
100 Sheppard Avenue East
Suite 502
North York, ON
M2N 6N5
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
019-4907
Ministry reference number
7540-C5TLSB

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.

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Follow this notice

Original proposal

ERO number
019-4907
Ministry reference number
7540-C5TLSB
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

January 17, 2022 - March 3, 2022 (45 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 use of commercial 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 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 on July 30, 2019.

The director is considering issuing a Certificate of Property Use (CPU) in relation to the property. The CPU incorporates the risk management measures proposed in the risk assessment and any additional conditions proposed by the director. 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:

  • property use restrictions including the use of ground water at the property and the planting of fruit and vegetables for human consumption
  • building construction restrictions: refraining from constructing any buildings within 30 metres of any volatile subsurface plume unless the new building is constructed with a vapour mitigation system
  • on-going soil vapour monitoring for specified building(s)
  • prohibiting the use of groundwater at the property
  • implementing and maintaining barriers (caps) to site soils
  • implementing a groundwater monitoring program
  • implementing a soil and groundwater management plan
  • implementing a health and safety plan

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 January 17, 2022
to March 3, 2022

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