The Corporation of the City of Thunder Bay - Certificate of Property Use

Proponent

The CPU was issued to the Corporation of the City of Thunder Bay, Asset Management Division, at 155 Front Street, Thunder Bay, Ontario, P7C 5K4.

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
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).

To see the site location on a map, refer to the instrument proposal under ERO# 019-1688.

Instrument Decision Details:

A risk assessment was done to establish potential risks that 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 met the necessary regulatory requirements and the ministry accepted the risk assessment for the development plans for the property. A Certificate of Property Use ("CPU") was issued to the city on July 10, 2020. 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

By way of a Section 197 order, the CPU is required to be registered on the property title, and ensures 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 signed CPU order is provided under the Supporting Materials section of this notice, below.

Comments received:

There were no comments received for the instrument proposal under ERO# 019-1688.

Effects of Consultation

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. 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.

Appeal Information:

This instrument type cannot be appealed.