This consultation was open from:
December 3, 2019
to January 17, 2020
Decision summary
The Program Approval was issued to Nortel Networks International Corporation to prevent or to reduce and control the discharge into the natural environment of any contaminant from the source of the contaminant of a site in London, Ontario.
Location details
Site address
811 Wilton Grove Road
London,
ON
N6E 1L3
Canada
Site location details
Concession 3, PT Lots 14 & 15.
Proponent(s)
Nortel Networks International Corporation
811 Wilton Grove Road
London,
ON
N6E 1L3
Canada
Decision details
This program approval allows for the development and implementation of environmental measures to address historical contamination originating from prior operations at a manufacturing facility located in London, Ontario, formerly owned by Nortel Networks Limited (referred to in the approval as the “Nortel Retained Land”).
The environmental measures outlined in the program approval that are required to address the remaining historical contamination at the impacted properties include, without limitation, the following:
- the development and implementation of a work plan for the monitoring, maintenance and environmental management of the historical contamination at the Nortel Retained Land
- the implementation of risk management measures and long-term monitoring to be conducted at one of the impacted properties, referred to as the “Nagata Site”, as required by a provincial officer’s order that was issued to the property owner, Nagata Auto Parts Canada Co., Ltd. on March 8, 2018
- the implementation of the risk management measures, remedial work and long-term monitoring in respect of contamination in a swale area that extends over the boundary of the Nortel Retained Land and a neighbouring property owned by Daimler Trucks Canada Ltd. (“Daimler”). This environmental work will be outlined in a provincial officer’s order that will be issued to Daimler
In order to perform the actions specified in the proposed program approval, financial assurance is being held by the province under section 132 of the EPA. Section 136 of the EPA states that the Director may require the performance of environmental measures and the use of the financial assurance for the performance of environmental measures. We now intend to use the financial assurance for the performance of the environmental measures as described in the proposed program approval.
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.
How to Appeal
This instrument decision can be appealed. You have 15 days from April 16, 2020 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)
Nortel Networks International Corporation
811 Wilton Grove Road
London,
ON
N6E 1L3
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
Todd Fleet
733 Exeter Road
London,
ON
N6E 1L3
Canada
Original proposal
Proposal details
This is a proposal for the Director of the Ministry of the Environment, Conservation and Parks (“Ministry”) to issue a program approval to Nortel Networks International Corporation (NNIC) under section 10 of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Subsection 10(1) of the EPA provides that a person responsible for a source of contaminant may submit to the Director a program to prevent or to reduce and control the discharge into the natural environment of any contaminant from the source of the contaminant.
This program approval would allow for the development and implementation of environmental measures to address historical contamination originating from prior operations at a manufacturing facility located in London, Ontario, formerly owned by Nortel Networks Limited (referred to in the approval as the “Nortel Retained Land”). Further to an order by the Superior Court of Ontario, Nortel Networks Limited is transferring the Nortel Retained Land to a subsidiary insolvent corporation, NNIC. In accordance with the court order, NNIC is authorized to consent to the issuance of the proposed program approval with such minor changes as may be agreed by NNIC with approval of the Monitor.
The environmental measures outlined in the program approval that are required to address the remaining historical contamination at the impacted properties include, without limitation, the following:
- the development and implementation of a work plan for the monitoring, maintenance and environmental management of the historical contamination at the Nortel Retained Land
- the implementation of risk management measures and long-term monitoring to be conducted at one of the impacted properties, referred to as the “Nagata Site”, as required by a provincial officer’s order that was issued to the property owner, Nagata Auto Parts Canada Co., Ltd. on March 8, 2018
- the implementation of the risk management measures, remedial work and long-term monitoring in respect of contamination in a swale area that extends over the boundary of the Nortel Retained Land and a neighbouring property owned by Daimler Trucks Canada Ltd. (“Daimler”). This environmental work will be outlined in a provincial officer’s order that will be issued to Daimler
In order to perform the actions specified in the proposed program approval, financial assurance is being held by the province under section 132 of the EPA. Section 136 of the EPA states that the Director may require the performance of environmental measures and the use of the financial assurance for the performance of environmental measures. We intend to use the financial assurance for the performance of the environmental measures as described in the proposed program approval.
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.
Comment
Commenting is now closed.
This consultation was open from December 3, 2019
to January 17, 2020
Connect with us
Contact
Todd Fleet
733 Exeter Road
London,
ON
N6E 1L3
Canada
Comments received
Through the registry
0By email
0By mail
0