The Corporation of the City of Thunder Bay - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-1688
Ministry reference number
4086-BMMJFU
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Proposal Updated
Proposal posted
Comment period
May 22, 2020 - July 6, 2020 (45 days) Closed
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we want to hear your thoughts. Submit a comment and tell us what you think. Learn about the consultation process and types of notices on the registry.

Update Announcement

A decision for this proposal has been published as a Bulletin under ERO 019-2117 on July 28, 2020.

This consultation was open from:

May 22, 2020
to July 6, 2020

Proposal summary

The ministry has accepted the risk assessment and the risk management plan prepared for the City of Thunder Bay as part of the development plans for the proposed Thunder Bay Art Gallery lands located at the waterfront, and the director is considering issuing a Certificate of Property Use ("CPU") in relation to the property.

Location details

Site address

Thunder Bay, ON
P7B 6Y9
Canada

Site location details

Thunder Bay Art Gallery Lease Lands at Waterfront (no municipal address)

Part 1 on Reference Plan 55R-14406

Reference Plan 55R-14406 indicates that Part 1 thereon is a portion of the lands which are identified as PIN 62264-0535 (LT) and that Part 1 comprises:

  1. Part of Lots 19 & 20 and Part of South Water, Town Plot of Prince Arthur’s Landing;
  2. Part of Water Lot in front of Lots 11-17 inclusive, South Water Street and in front of Pearl Street, Town Plot of Prince Arthur’s Landing;
  3. Part of Broken Font Opposite Manito Street, Town Plot of Prince Arthur’s Landing; and,
  4. Part of Water Lot in front of part of South Water Street between the south limit of Manitou Street produced and the limit between Lots 21 and 22 produced southeasterly, Town Plot of Prince Arthur’s Landing.

Part 2 on Reference Plan 55R-14406

Reference Plan 55R-14406 indicates that Part 2 thereon is apportion of the lands which are identified as PIN 62499-0070(LT) and that Part 2 thereon comprises part of Location CL 11773, being part of PINs s62264-0535 (LT) and 62499-0070 (LT).

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

The Corporation of the City of Thunder Bay
Asset Management Division
155 Front Street
Thunder Bay, ON
P7C 5K4
Canada

Why consultation isn't required

On April 1, 2020, the Ontario Government made a temporary regulation to respond to the COVID-19 outbreak. Ontario Regulation 115/20 exempts all proposals for policies, acts, regulations and instruments from posting requirements under the EBR until 30 days after the declared emergency is terminated.

Proposal details

A risk assessment was done to establish potential risks that the contaminants identified in the risk assessment may pose to future users, and to identify appropriate risk measures to be implemented to ensure the property is suitable for the intended use of 'parkland/institutional' property use as defined by O. Reg. 153/04 under the Environmental Protection Act, 1990.

Based on the ministry’s review of the documents provided as part of the risk assessment reports prepared for the City of Thunder Bay, as the property owner, the risk assessment has been done in accordance with the necessary regulatory requirements and associated guidance documents. The ministry has accepted the risk assessment for the development plans for the property. The City was provided with written notice of the ministry's acceptance of the risk assessment relating to this property on March 9, 2020.

Consideration is now being given to 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 additional conditions proposed by the issuing director. The proposed risk management measures include:

  • barriers to contaminated soil (hard cap, clean soil cap) across the entire site
  • a passive soil vapour intrusion mitigation system for any enclosed structures
  • building restrictions (slab on grade construction, no residential occupancy)
  • a soil and groundwater management plan
  • a health and safety plan
  • prohibition on groundwater use
  • ongoing inspection and maintenance programs

A Section 197 order is also included and requires the CPU be registered on the property title, and that before dealing with the property in any way, a copy of the CPU is given to any person who will acquire an interest in the property.

The proposed draft CPU and order are provided under the Supporting Materials section of this notice, below.

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.

The comment period was from May 22, 2020
to July 6, 2020

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