There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.
This consultation was open from:
December 14, 2020
to January 13, 2021
Decision summary
A Certificate of Property Use was issued to Canadian Tire Real Estate Limited for the intended commercial use of the property located at 6 Stewart Boulevard, Brockville, ON.
Location details
Site address
6 Stewart Boulevard
Brockville,
ON
K6V 4V8
Canada
Site location details
Part of Lot 2, Registered Plan 252, designated as Parts 2, 3, 4 and 5, Plan 28R-2372, City of Brockville, County of Leeds. Subject to a right-of-way over Parts 4 and 5 on Plan 28R-2372 in favour of The Corporation of the City of Brockville, as in Instrument No. LR121010.
Being All of PIN 44170-0035 (R)
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)
Canadian Tire Real Estate Limited
2180 Yonge St. 15th Floor (south)
PO Box 770 stn K
Toronto,
ON
M4P 2V8
Canada
Decision details
A Certificate of Property Use (CPU No. RA1682-18-01) was issued for 6 Stewart Boulevard, Brockville, on March 4, 2021.
The CPU outlines a number of risk management measures (RMMs) that must be undertaken on the property to prevent or minimize potential exposures to contaminants of concern identified through the completion of a risk assessment that was previously accepted by the ministry.
A general summary of the RMMs is provided below and include, but are not limited to, the following:
- restrictions on the use of the property
- no potable groundwater use
- groundwater monitoring program
- hard cap or shallow soil barrier
- a soil management plan
- a health and safety plan
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 March 18, 2021 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)
Canadian Tire Real Estate Limited
2180 Yonge St. 15th Floor (south)
PO Box 770 stn K
Toronto,
ON
M4P 2V8
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
Bob Putzlocher
1259 Gardiners Road
Unit 3
Kingston,
ON
K7M 8S5
Canada
Original proposal
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.
Although consultation was not required, the ministry did consult with the public on this proposal by posting ERO# 013-4393 for public comment from December 19, 2018 to January 18, 2019 (30 days). To ensure transparency, the ministry is providing details of its decision and the effects of consultation on decision-making in this notice.
Proposal details
A risk assessment was undertaken for the property located at 6 Stewart Boulevard, Brockville, Ontario (“property”) to establish the risks that the contaminants identified in the risk assessment may pose to current and future users and to identify appropriate risk management measures to be implemented to ensure that the Property is suitable for the intended use as “parkland” property use as defined by O.Reg. 153/04 (the "Regulation"), as amended, made under the Environmental Protection Act (the "Act").
The ministry has accepted the risk assessment prepared for the owner, Canadian Tire Real Estate Limited, as part of its development plans for the property.
Based on the documents provided to the ministry as part of the risk assessment reports, the reviewers can confirm 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 no. RA1682-18 relating to the property in accordance with s.168.5 of the Act on August 19, 2020.
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 incorporates the risk management measures proposed in the risk assessment and 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 on the property includes:
- restrictions on the use of the property
- no potable groundwater use
- groundwater monitoring program
- hard cap or shallow soil barrier
- a soil management plan
- a health and safety plan
The proposed draft CPU No. RA1682-18-01, including Part 7, the Section 197 Order is attached under additional information.
Public consultation:
This proposal has been posted for a 30 day public review and comment period starting December 7, 2020. If you have any questions, or would like to submit your comments, please do so by January 15, 2021 to the individual listed under "contact". Additionally, you may submit your comments on-line.
All comments received prior to January 15, 2021 will be considered as part of the decision-making process by the ministry if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 019-1838.
Please Note: all comments and submissions received will become part of the public record. Comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal.
Your personal information may be used in the decision making process on this proposal and it may be used to contact you if clarification of your comment is required. It may be shared (along with your comment) with other Ontario ministries for use in the decision making process. Questions about this collection should be directed to the contact mentioned on the proposal notice page.
Other public consultation opportunities:
In order to fulfill the ministry’s obligations for enhanced public consultation on this Class II instrument proposal, actual notice of the ministry’s proposal will be supplied to local political representatives, local municipality and adjacent landowners.
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 14, 2020
to January 13, 2021
Connect with us
Contact
Bob Putzlocher
1259 Gardiners Road
Unit 3
Kingston,
ON
K7M 8S5
Canada
Comments received
Through the registry
0By email
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