This consultation was open from:
November 23, 2021
to January 7, 2022
Decision summary
A Certificate of Property Use was issued to Reid's Heritage Homes Ltd. for the property located at 99 and 107 Roger Street, Waterloo.
Location details
Site address
99 and 107 Roger Street
Waterloo,
ON
Canada
Site location details
99 and 107 Roger Street, Waterloo
PART OF LOTS 8 AND 11, REGISTERED PLAN 403 AND PART LOT 27, SUBDIVISION
LOT 15, GERMAN COMPANY TRACT, BEING PARTS 12, 15 AND 20 ON REFERENCE PLAN 58R-20537, CITY OF WATERLOO
Being PART of PIN: 22327-0266 (LT)
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)
Reid's Heritage Homes Ltd.
6783 Wellington Road 34, RR 22
Cambridge,
ON
N3C 2V4
Canada
Decision details
Certificate of Property Use (CPU) No. 6184-C7NLGU was issued to Reid’s Heritage Homes Ltd. on January 18, 2022.
For this CPU, a number of RMM were identified to be required as a result of the risk assessment (RA) for the intended residential use of the property. Briefly, the key risk management measures (RMMs) for the property include, but not limited to, the following:
- prohibiting the construction of any building(s) on the area of the property identified in Schedule ‘A’: Figure 2 - Area Requiring Buildings with Vapour Intrusion RMM (Figure 2) unless the new building(s) is constructed as specified in Section 4.2 (a) of the CPU
- implementing a soil and groundwater management plan during any intrusive activities undertaken on the property potentially in contact with contaminants of concern (COCs) in soil and groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards as per Section 4.2(n) of the CPU
- implementing a health and safety plan during any intrusive activities undertaken on the property potentially in contact with COCs in soil and groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards as specified in Section 4.2(o) of the CPU
- prohibiting changes to the building locations as specified in the development plan and as identified in Figure 2 of this CPU as per Section 4.2 (p) of the CPU
- prohibiting the use of groundwater in on or under the property as per Section 4.3 of the CPU
- registering a certificate on the property title in accordance with Section 197 of the Environmental Protection Act and 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 as per Section 4.6, 4.7 and 4.8 of the CPU.
No changes were made by the director prior to finalizing the Certificate of Property Use and a copy is attached to this notice.
Effects of consultation
Written notice was provided by the ministry to both the lower and upper tier municipalities and no comments were received by the ministry during the public consultation process.
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 January 21, 2022 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)
Reid's Heritage Homes Ltd.
6783 Wellington Road 34, RR 22
Cambridge,
ON
N3C 2V4
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
Jeff Burdon
40 St. Clair Avenue West
9th Floor
Toronto,
ON
M4V 1M2
Canada
Original proposal
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 residential use as defined by O. Reg. 153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:
- Risk Assessment Pre-Submission Report for 109, 111 and 119 Roger Street, Waterloo, Ontario. Prepared by MTE Consultants Inc., for Reid’s Heritage Homes Ltd. dated August 22, 2019
- ODC Lands, East Parcel, Waterloo, Ontario Risk Assessment. Prepared by MTE Consultants for Reid’s Heritage Homes Ltd. dated December 4, 2020
- ODC Lands, East Parcel, Waterloo, Ontario Revised Risk Assessment. Prepared by MTE Consultants for Reid’s Heritage Homes Ltd. dated May 10, 2021
- Email RE: Request for Additional Information - RA for 109, 111 & 119 Roger Street, Waterloo, Ontario [RA1808-19b; IDS#5401-BFFNFF]” email from Steve Russell, MTE Consultants Inc. received by TASDB on September 7, 2021, with the following document attached:
- 43196-100_2021-09-07_Addtional Info_Revised RA Report-ODC Lands, East Parcel, Waterloo, Ontario
Based on the documents provided to the ministry 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 the risk assessment No. 5401-BFFNFF relating to the property in accordance with s. 168.5 of the act on September 9, 2021.
The director is considering the issuance of a Certificate of Property Use (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 Certificate of Property Use (CPU) No. 6184-C7NLGU is attached.
All comments will be considered as part of the decision-making by the ministry if they:
- are submitted in writing
- reference both the ERO Number and the ministry reference number; and
- are received by the contact person within the specified comment period.
No acknowledgement or individual response will be provided to those who comment.
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 November 23, 2021
to January 7, 2022
Connect with us
Contact
Jeff Burdon
40 St. Clair Avenue West
9th Floor
Toronto,
ON
M4V 1M2
Canada
Comments received
Through the registry
0By email
0By mail
0