Gates Canada Inc - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-1999
Ministry reference number
8448-BLALXM
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
June 25, 2020 - August 9, 2020 (45 days) Closed
Last updated

This consultation was open from:
June 25, 2020
to August 9, 2020

Decision summary

We issued the Certificate of Property Use No. 8448-BLALXM to Gates Canada Inc. for their property located at 1 Firestone Road in Strathroy, Ontario.

Location details

Site address

1 Firestone Road
Strathroy, ON
Canada

Site location details

Firstly: Part Block UU, Plan 140, Parts 2 & 7 on Reference Plan 34R1131; subject to and together with 937998; subject to MN63435, MW83389; Strathroy;

Being all of PIN 09613-0003 (LT) and

Secondly: Part Block UU, Plan 140, Parts 3 & 8 on Reference Plan 34R1131; subject to and together with 937998; subject to MW63435, MW81324 and MW83389; Strathroy.

Being all of PIN 09613-0004 (LT)

Site location map

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

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Proponent(s)

Gates Canada Inc
421 7 Avenue Southwest
Cagary, AB
T2P 4K9
Canada

Decision details

On August 13, 2020, we issued Certificate of Property Use (CPU) No. 8448-BLALXM to Gates Canada Inc., who is the current owner of the property. The CPU requires the owner to implement risk management measures at 1 Firestone Road, Strathroy, Ontario (property) to prevent or minimize potential exposures to contaminants of concern (CoC) present on the property, including:

  • prohibitions on establishing drinking water wells and buildings on the property
  • the maintenance of capping to prevent exposure to CoC present on the property
  • the development of soil, groundwater and health and safety plans to ensure that CoC present on the property are handled appropriately and safely during intrusive activities on the property
  • a groundwater monitoring program to monitor the CoC in the groundwater at the property
  • inspection, maintenance and reporting requirements to document and ensure that the risk management measures are implemented as set out by the CPU

A certificate of requirement (CoR) was registered on the property title in accordance with Section 197 of the Environmental Protection Act and this CoR requires that before dealing with the property in any way, a copy of the CPU is to be given to any person who will acquire an interest in the property.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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.

London District Office (Southwest Region)
Address

733 Exeter Road
London, ON
N6E 1L3
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from May 19, 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:

  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
Robert Wrigley
Manager

London District Office
733 Exeter Rd
London, ON
N6E 1L3
Canada

519-280-3077

Proponent(s)

Gates Canada Inc
421 7 Avenue Southwest
Cagary, AB
T2P 4K9
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
019-1999
Ministry reference number
8448-BLALXM

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
019-1999
Ministry reference number
8448-BLALXM
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

June 25, 2020 - August 9, 2020 (45 days)

Proposal details

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 industrial/commercial/community property use defined by O. Reg. 153/04.

Our review of the risk assessment involved the following reports, documents and information/correspondence:

  • “Wider Area of Abatement Risk Assessment, 1 Firestone Road Parts A & B, Strathroy, Ontario”, report by Conestoga-Rovers & Associates, dated June 2014
  • "Wider Area of Abatement Risk Assessment, 1 Firestone Road Parts A & B, Strathroy, Ontario”, prepared by Conestoga-Rovers & Associates (now GHD Limited), dated April 2016
  • Risk Assessment Report Addendum for 1 Firestone Road Parts A & B, Strathroy, Ontario, report prepared by Conestoga-Rovers & Associates, dated June 16, 2017
  • Risk Assessment Report Addendum for 1 Firestone Road Part A and 1 Firestone Road Part B, Strathroy, Ontario, report prepared by Conestoga-Rovers & Associates (GHD), dated October 10, 2018
  • Revised Risk Assessment Report for 1 Firestone Part A and 1 Firestone Road Part B, Strathroy, Ontario, report prepared by Conestoga-Rovers & Associates, dated August 14, 2019
  • “RE: Request for additional information for Risk Assessment for RA1134-10e; 1 Firestone Road Parts A and B, Strathroy, ON; IDS#6122-894LL9” e-mail from April Gowing, GHD Limited, received by TASDB on November 18, 2019, with the following document attached:
    • 018562-RPT-14-Wider Area of Abatement Risk Assessment.pdf
  • “RE: Request for additional information for Risk Assessment for RA1134-10e; 1 Firestone Road Parts A and B, Strathroy, ON; IDS# 6122-894LL9” e-mail from April Gowing, GHD Limited, received by TASDB on January 7, 2020, with the following document attached:
    • 018562-14-T1-1_Jan 2020.pdf

Based on the documents provided to us as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted in accordance with the Environmental Protection Act (the Act), Ontario Regulation 153/04 (the Regulation), and the associated guidance documents. The director provided the proponent with written Notice of the Director’s Decision to accept risk assessment number 6122-894LL9 relating to the property in accordance with section 168.5 of the Act on January 27, 2020.

The director is considering the issuance of a CPU in relation to the site. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The proposed draft CPU number 8448-BLALXM is attached.

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 June 25, 2020
to August 9, 2020

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