857530 Ontario Inc. - Certificate of property use

Instrument type: Certificate of property use

ERO number
013-4291
Ministry reference number
5123-9GYLTL-1
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
December 5, 2018 - January 19, 2019 (45 days) Closed
Last updated

This consultation was open from:
December 5, 2018
to January 19, 2019

Decision summary

A Certificate of Property Use (CPU) was issued to 857530 Ontario Inc. for the industrial property located at 200 Industrial Parkway North, Aurora.

Location details

Site address

200 Industrial Parkway North
Town of Aurora, ON
L4G 4C3
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 window

Proponent(s)

857530 Ontario Inc.
Post Office Box Delivery 159
Toronto, ON
M5K 1H1
Canada

Decision details

Certificate of Property Use (CPU) number 5123-9GYLTL-1 was issued to 857530 Ontario Inc. on May 9, 2019.

The CPU requires the Proponent to ensure that the following key risk management measures are undertaken to ensure that the risk management measures relating to soil and groundwater contamination are implemented for continued “Industrial Use” as defined by Ontario Regulation 153/04, as amended, made under the Environmental Protection Act (EPA). These risk management measures include:

  • barriers to site soils including a fill cap or hard cap;
  • barrier inspection and maintenance program;
  • soil and groundwater management plan; 
  • annual reporting requirements; and
  • a restriction on the use of groundwater for consumption

The CPU also 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 including the 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

Effects of consultation

While no comments where received on the posted instrument, minor editorial changes were made to clarify the wording of some risk management measures and update the document. These revisions were entirely editorial and do not alter the intent or requirements of the instrument.

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.

York Durham District Office
Address

230 Westney Road South
Floor 5
Ajax, ON
L1S 7J5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from May 23, 2019 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
Celeste Dugas
District Manager

York-Durham District Office, Central Region
230 Westney Rd., S.
5th Floor
Ajax, ON
L1S 7J5
Canada

905-442-3105

Proponent(s)

857530 Ontario Inc.
Post Office Box Delivery 159
Toronto, ON
M5K 1H1
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
013-4291
Ministry reference number
5123-9GYLTL-1

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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Original proposal

ERO number
013-4291
Ministry reference number
5123-9GYLTL-1
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

December 5, 2018 - January 19, 2019 (45 days)

Proposal details

Description of instrument:

A risk assessment was completed for the industrial property at 200 Industrial Parkway North, Aurora to establish the risks that the soil, groundwater and sediment contaminants may pose to future users. The risk assessment for property determined appropriate risk management measures to be implemented to ensure that the property is suitable for the continued “Industrial Use” as defined by O. Reg. 153/04 ("Regulation"), as amended, made under the Environmental Protection Act (“EPA").

The Ministry accepted the risk assessment prepared for the owner, 857530 Ontario Inc., and provided written Notice of the Director’s Decision to accept the risk assessment No. 6005-9C4NXT in accordance with s. 168.5 of the Act on October 31, 2018.

The Director is considering the issuance of a Certificate of Property Use ("CPU") and a Section 197, EPA order in relation to the property. The CPU will incorporate the risk management measures developed in the risk assessment and any additional conditions proposed by the Director. 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.

The proposed risk management measures include:

  • barriers to site soils including a fill cap or hard cap;
  • barrier inspection and maintenance program;
  • soil and groundwater management plan;
  • annual reporting requirements; and
  • a restriction on the use of groundwater for consumption

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.

York Durham District Office
Address

230 Westney Road South
Floor 5
Ajax, ON
L1S 7J5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from December 5, 2018
to January 19, 2019

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