This notice is for informational purposes only. There is no requirement to consult on this initiative on the Environmental Registry of Ontario. Learn more about the types of notices on the registry.
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 exempted all proposals for policies, acts, regulations and instruments from posting requirements under the EBR.
Ontario Regulation 115/20 was revoked on June 15, 2020, however, we are posting this decision as a bulletin as because the proposal was posted on May 20, 2020 while Ontario Regulation 115/20 was in effect.
Although consultation was not required, the ministry did consult with the public on this proposal by posting ERO# 019-1771 for public comment from May 20, 2020 - July 4, 2020. To ensure transparency, the ministry is providing details of its decision and the effects of consultation on decision-making in this notice.
Bulletin details
Proponent(s)
1150735 Ontario Ltd.
292 James Street North
Hamilton, ON
L8R 2L3
Canada
Location details
Street address: 108 –112 James Street North and 115 Hughson Street North
City: Hamilton, Ontario
Country: Canada
Instrument decision details
On July 10, 2020, we issued Certificate of Property Use No. 8452-BHMMZD ("CPU") to 1150735 Ontario Ltd. in regards to the proposed development at 108 –112 James Street North and 115 Hughson Street North in Hamilton.
This CPU requires the owner to ensure that the following key measures are undertaken:
- the installation of fill caps and hard caps over native soils to provide a barrier to where contaminants of concern (CoC) are present on the property
- restrictions on the construction of new building(s) unless the building(s) incorporate a ventilated storage garage to mitigate soil vapour intrusion into the building
- the design and placement of utility trench dams and conduit seals for future utilities and infrastructure to be installed on the property
- the implementation of a soil and sub-slab vapour monitoring program for the existing buildings on the property
- the implementation of contingency actions should the monitored values exceed any trigger values set out by the CPU
- 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
- inspection, maintenance and reporting requirements to document and ensure that the risk management measures are implemented as set out by the CPU
Section 197 Order is included and 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 including the Section 197 Order is provided as a link under the Supporting Materials section of this Notice.
Comments received
By email: 0
By mail: 0
Effects of consultation
No comments were received. As a result, no changes were made to the draft CPU and the CPU was issued by the director on July 10, 2020.
Appeal information
On April 1, 2020, the Ontario Government made a temporary regulation to respond to the COVID-19 outbreak which exempts all proposals from the requirement to post notices on the ERO. Leave to appeal may only be sought in respect of instruments that are required to be posted to the ERO.
Third parties are not able to apply for leave to appeal in respect of proposals which are posted while Ontario Regulation 115/20 is in effect.
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.
Connect with us
Contact
Paul Widmeyer
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada