This consultation was open from:
July 27, 2023
to September 10, 2023
Decision summary
Certificate of Property Use No. 5465-CRYQBU for Minto (Bank & Fifth) GP Inc., for the eastern portion of the 819 Bank Street property in the City of Ottawa was issued to owner of the property as part of their development plans for the site.
Location details
Site address
819 Bank Street (alternate: 99 Fifth Avenue)
Ottawa,
ON
K1P 0B6
Canada
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)
Minto (Fifth + Bank) GP Inc.
200 - 180 Kent Street
Ottawa,
ON
K1P 0B6
Canada
Decision details
Certificate of Property Use (CPU) No. 5465-CRYQBU was issued that requires the owner of the property to ensure that the following key measures are undertaken:
- building construction restrictions
- barrier to site soils
- inspections and maintenance of barriers to site soils
- health and safety plan for workers and groundwater and soil management plan
- air monitoring program
- reporting requirements
- data acquisition for sump pumps
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.
A copy of the final CPU, including the section 197 Order, is provided as a link under the supporting materials section of this notice.
Effects of consultation
The proponent provided comments to the Ministry by email to seek changes to operational aspects for the underground garage ventilation and the reporting of pump & discharge events at one of the building sumps. On the basis of additional expertise provided by a mechanical engineer, the ministry concurred with the approach proposed and which would align with Ontario Building Code requirements.
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.
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from February 23, 2026 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick 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)
Minto (Fifth + Bank) GP Inc.
200 - 180 Kent Street
Ottawa,
ON
K1P 0B6
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
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
Tracy Hart
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Original proposal
Proposal details
A risk assessment was undertaken for this property to determine the risks that the contaminants identified in the risk assessment may pose to existing and future users and to establish appropriate risk management measures to ensure that the property is suitable for the existing residential use, as defined in Ontario Regulation 153/04 (the "Regulation"), as amended, and made under the Environmental Protection Act (the "Act").
Based on the documentation presented to the ministry in the form of 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.
On May 25th, 2023, the director issued to the proponent a written Notice of the Director's Decision to accept the risk assessment relating to property in accordance with section 168.5 of the Act.
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 additional measures specified 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 such 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:
- barriers to property soils, such as a fill cap and hard cap;
- a barrier inspection and maintenance program;
- a minimum continuous ventilation of 3.9 litres per second per square metres in the storage garage;
- a health and safety plan;
- a soil and groundwater management plan;
- restrictions on the production of plants; and,
- an absence of groundwater use.
The draft CPU number 5465-CRYQBU, which includes the section 197 Order, can be accessed from the Supporting Materials section of this notice.
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.
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Comment
Commenting is now closed.
This consultation was open from July 27, 2023
to September 10, 2023
Connect with us
Contact
Tracy Hart
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Comments received
Through the registry
0By email
1By mail
0