This consultation was open from:
April 29, 2025
to June 13, 2025
Decision summary
Certificate of Property Use (CPU) 8442-D6JL9U was issued to DCMS Realty (Burlington) Inc., on July 19, 2025 the future “Residential Use”, Parkland Use” and “Institutional Use”, as defined by O. Reg. 153/04 (the "Regulation"), as amended, made under the Environmental Protection Act (the "Act").
Location details
Site address
2421 and 2431 New Street
Burlington,
ON
L7R 1K1
Canada
Proponent(s)
DCMS Realty (Burlington) Inc.
5290 Yonge Street, Suite 200
Toronto,
ON
M5N 5P9
Canada
Decision details
This CPU requires the Owner to ensure that the following key risk management measures are undertaken:
- property use restrictions
- maintaining a barrier to site soils
- building construction restrictions for future buildings on the property to address the soil vapour intrusion pathway
- building construction requirements to mitigate ongoing migration of contaminated groundwater off the property
- implementing an indoor air quality monitoring program
- restrictions on using ground water for potable purposes
- implementing a health and safety plan
- implementing a soil and ground water management plan
- reporting requirements
- requirement to provide financial assurance
A section 197 Order is included and requires that a certificate 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 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
In addition to the 45-day ERO posting written notification of the proposal was also provided to owners/tenants of nearby properties and to the Regional Municipality of Halton and the City of Burlington.
No comments were submitted via the ERO registry as a result of the ERO proposal notice.
An email was received from the City of Burlington advising that the building code had recently been updated and there were outdated references within the draft CPU. The City also inquired whether an additional a passive vapour mitigation system had been considered as an additional risk management measure for the building, and whether any protective measures are needed to protect municipal staff entering the property.
No substantive changes were made to the CPU with the exception of the incorporation of the updated reference to the building code.
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.
4145 North Service Road, Suite 300
Burlington,
ON
L7L 6A3
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from August 1, 2025 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)
DCMS Realty (Burlington) Inc.
5290 Yonge Street, Suite 200
Toronto,
ON
M5N 5P9
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
Neil Hannington
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
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 mixed property uses including “residential use”, “parkland use”, “commercial use”, “community use” and/or “institutional use”, as defined by O. Reg. 153/04 (the "regulation"), as amended, made under the Environmental Protection Act (the "act").
Based on the documents provided to the Ministry as part of the risk assessment report, the reviewers confirmed that the risk assessment has been conducted in accordance with the act, the regulation, and the associated guidance documents.
The Ministry has accepted the risk assessment prepared for the owner as part of the development plans for the property. On June 25, 2024, 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 June 25, 2024.
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 other 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.
2421 and 2431 New Street is located within a known plume of groundwater contamination resulting from the historical operation of a dry-cleaning business at 480 Guelph Line, Burlington that has migrated off that property and onto neighbouring commercial, residential and municipal properties. The risk assessment and the CPU address the groundwater concerns for the development of this property and the migration of contaminated groundwater through the property.
The proposed risk management measures include:
- property use restrictions
- maintaining a barrier to site soils
- building construction restrictions for future buildings on the property to address the soil vapour intrusion pathway
- building construction requirements to mitigate ongoing migration of contaminated groundwater off the property
- implementing an indoor air quality monitoring program
- restrictions on using ground water for potable purposes
- implementing a health and safety plan
- implementing a soil and ground water management plan
- reporting requirements
- requirement to provide financial assurance
The proposed draft CPU No. 8442-D6JL9U including the Section 197 Order, is provided as a link under 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.
4145 North Service Road, Suite 300
Burlington,
ON
L7L 6A3
Canada
Comment
Commenting is now closed.
This consultation was open from April 29, 2025
to June 13, 2025
Connect with us
Contact
Neil Hannington
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
0By email
1By mail
0