This consultation was open from:
February 22, 2019
to March 24, 2019
Decision summary
Certificate of Property Use (CPU) No. 2242-B9ANJV was issued to City of Toronto as part of the development plans for the site.
Location details
Site address
405 Dufferin Street
Toronto,
M6J 1M3
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)
City of Toronto
55 John Street
Unit 204
Toronto,
ON
M5V 3C6
Canada
Decision details
This CPU requires the Owner to ensure that the following key measures are undertaken:
- building construction restrictions;
- property use restrictions;
- barrier to site soils;
- an inspection and maintenance program for the barrier to site soils;
- prepare and implement a health and safety plan and a soil management plan; and
- reporting requirements.
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.
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.
5775 Yonge Street
Floor 9
Toronto,
ON
M2M 4J1
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from May 13, 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:
- 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)
City of Toronto
55 John Street
Unit 204
Toronto,
ON
M5V 3C6
Canada
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
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
Marcel Parent
5775 Yonge Street
Floor 9
Toronto,
ON
M2M 4J1
Canada
Original proposal
Proposal details
Description of instrument
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 land use as defined by O. Reg. 153/04, as amended, made under the Environmental Protection Act.
The Ministry has accepted the risk assessment prepared for the owner, City of Toronto as part of the development plans for 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 January 14, 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. 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:
- building construction restrictions;
- property use restrictions;
- barrier to site soils;
- an inspection and maintenance program for the barrier to site soils;
- prepare and implement a health and safety plan and a soil management plan; and
- reporting 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.
5775 Yonge Street
Floor 9
Toronto,
ON
M2M 4J1
Canada
Comment
Commenting is now closed.
This consultation was open from February 22, 2019
to March 24, 2019
Connect with us
Contact
Marcel Parent
5775 Yonge Street
Floor 9
Toronto,
ON
M2M 4J1
Canada
Comments received
Through the registry
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