This consultation was open from:
January 10, 2024
to February 24, 2024
Decision summary
Certificate of Property Use No. 8575-CVDNVA was issued on March 6, 2024, to ABNA Investments Ltd.. for 9 North Street, Kingston. The CPU will ensure the safe development of the property for commercial/industrial use should it be developed in the future.
Location details
Site address
9 North Street
Kingston,
ON
K0H 2H0
Canada
Site location details
With a Legal Description of:
Part Farm Lot A, Concession West of the Great Cataraqui River, being Part 1, 2 and 3 on Reference Plan 13R-20953; City of Kingston, County of Frontenac
Being All of PIN: 36001-0186 (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)
ABNA Investments Ltd.
588 Scotland Road
Odessa,
ON
K0H 2H0
Canada
Decision details
Certificate of Property Use (CPU) No. 8575-CVDNVA was issued that requires the property owner to ensure that specific measures are taken at the property. The measures include the following:
The proposed risk management measures include:
- barriers to site soils;
- inspection and maintenance programs for barriers to site soils;
- vapour mitigation systems on existing and future buildings;
- inspection, monitoring, and maintenance programs for vapour mitigation systems;
- preoccupancy indoor air monitoring;
- soil and groundwater management plan;
- health and safety plan;
- property use restrictions consisting of prohibitions on potable groundwater use, growing of produce for consumption, and planting deep rooted vegetation; and,
- reporting requirements
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.
Public consultation on the proposal for this decision was provided for 45 days, from January 10, 2024, to February 24, 2024. As a result of the public consultation on the proposal, the ministry received no public comments/concerns.
No changes to the Certificate of Property Use were required based on public consultation.
A copy of the final Certificate of Property Use, including the section 197 Order, is provided as a link under the supporting materials section of this notice.
Effects of consultation
No comments received. No changes or considerations required.
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.
1259 Gardiners Road
Unit 3
Kingston,
ON
K7P 3J6
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from April 8, 2024 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)
ABNA Investments Ltd.
588 Scotland Road
Odessa,
ON
K0H 2H0
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
Shawn Trimper
1259 Gardiners Road
Unit 3
Kingston,
ON
K7M 8S5
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 commercial/industrial use as defined by O. Reg. 153/04.
The ministry’s review of the risk assessment involved the following reports:
- “risk assessment pre-submission form for 9 North Street, Kingston, Ontario”, prepared by XCG Consulting Limited and dated November 17, 2020
- “risk assessment and risk management plan 9 North Street, Kingston, Ontario”, report prepared by XCG Consulting Limited and dated October 21, 2021
- “risk assessment and risk management plan 9 North Street, Kingston, Ontario”, report prepared by XCG Consulting Limited and dated September 26, 2022
- “risk assessment and risk management plan 9 North Street, Kingston, Ontario”, report prepared by XCG Consulting Limited and dated March 10, 2023
- “RE: request for Additional Information - RA for 9 North Street, Kingston, Ontario [RA1919-20c; IDS#6602-BVNHUJ]”, email from Erica Gray, XCG Consulting Limited, received by TASDB on May 25, 2023, with following documents attached:
- RA18981704005App B8 .pdf
- RA18981704005May2423.pdf
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. 6602-BVNHUJ relating to the property in accordance with s. 168.5 of the act on June 8, 2023.
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. 8575-CVDNVA is attached.
The proposed risk management measures include:
- barriers to site soils
- inspection and maintenance programs for barriers to site soils
- vapour mitigation systems on existing and future buildings
- inspection, monitoring, and maintenance programs for vapour mitigation systems
- preoccupancy indoor air monitoring
- soil and groundwater management plan
- health and safety plan
- property use restrictions consisting of prohibitions on potable groundwater use, growing of produce for consumption, and planting deep rooted vegetation
- reporting requirements
All comments will be considered as part of the decision-making by the ministry if they:
- are submitted in writing
- reference both the ERO 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.
1259 Gardiners Road
Unit 3
Kingston,
ON
K7P 3J6
Canada
Comment
Commenting is now closed.
This consultation was open from January 10, 2024
to February 24, 2024
Connect with us
Contact
Shawn Trimper
1259 Gardiners Road
Unit 3
Kingston,
ON
K7M 8S5
Canada
Comments received
Through the registry
0By email
0By mail
0