Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-2611
Ministry reference number
1052-AFYS6K
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
October 28, 2020 - December 12, 2020 (45 days) Closed
Last updated

This consultation was open from:
October 28, 2020
to December 12, 2020

Decision summary

Certificate of Property Use (CPU) No. 2567-BTHKN8 for 153 Eastern Avenue (Block 26, West Don Lands), Toronto, was issued to Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure as part of their development plans for the site.

Location details

Site address

153 Eastern Avenue (Block 26, West Don Lands)
Toronto, ON
Canada

Site location map

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

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Proponent(s)

Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure
1 Dundas Street West
Suite 2000
Toronto, ON
M5G 1Z3
Canada

Decision details

This CPU requires the owner to ensure that the following key measures are undertaken:

  • building construction restrictions
  • barrier to site soils
  • an inspection and maintenance program for the barrier to site soils
  • air and groundwater monitoring programs
  • prepare and implement a soil and groundwater management plan and health and safety plan
  • reporting requirements

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

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Since the ministry did not receive any comments during the commenting period, there is no impact of comments on the CPU.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Toronto District Office
Address

5775 Yonge Street
8th Floor
Toronto, ON
M2M 4J1
Canada

Appeal

This instrument decision can be appealed. You have 15 days from September 7, 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
Jimena Caicedo
District Manager, Toronto District Office

Drinking Water and Environmental Compliance Division - Toronto District Office
5775 Yonge Street
Floor 8
Toronto, ON
M2M 4J1
Canada

416-709-1636

Proponent(s)

Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure
1 Dundas Street West
Suite 2000
Toronto, ON
M5G 1Z3
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
019-2611
Ministry reference number
1052-AFYS6K

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
019-2611
Ministry reference number
1052-AFYS6K
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 28, 2020 - December 12, 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 use of residential 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 as part of the development plans for the property.

Based on the documents provided to the ministry as part of the risk assessment reports, the reviewers confirmed 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 relating to the property in accordance with s. 168.5 of the Act on September 16, 2020.

The director is considering 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 any additional conditions proposed by the director. A 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.

The proposed risk management measures include:

  • building construction restrictions
  • barrier to site soils
  • an inspection and maintenance program for the barrier to site soils
  • air and groundwater monitoring programs
  • prepare and implement a soil and groundwater management plan and health and safety plan
  • reporting requirements

The proposed draft CPU No. 2567-BTHKN8, including the Section 197 Order, is provided as a link under the Supporting Materials section of this notice.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Toronto District Office
Address

5775 Yonge Street
8th Floor
Toronto, ON
M2M 4J1
Canada

Comment

Commenting is now closed.

This consultation was open from October 28, 2020
to December 12, 2020

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