This consultation was open from:
December 22, 2021
to February 5, 2022
Decision summary
Certificate of Property Use No. 0058-C82HUU was issued to 1646551 Ontario Inc. on February 14, 2022, with minor amendments as noted below, as part of the development plans for the property.
Location details
Site address
517, 523, 529, 535, 541, 547, 553, 559, 565, 589, 595, 601, 607, and 613 Taylor Drive
Midland,
ON
Canada
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)
1646551 Ontario Inc.
655 Aberdeen Boulevard
Midland,
ON
L4R 5N9
Canada
Decision details
Certificate of Property Use No. 0058-C82HUU was issued to 1646551 Ontario Inc. on February 14, 2022 as part of the development plans for the property.
The Certificate of Property Use requires the owner to ensure that the following key measures are undertaken:
- restrictions regarding building construction on, and the use of, the property
- maintaining a barrier to impacted soils and ground water
- implementation of vapour mitigation systems
- vapour monitoring requirements
- implementing soil and ground water management plans
- a health and safety plan
- reporting requirements
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 Certificate of Property Use 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.
Effects of consultation
Public consultation on the proposal for this decision was provided for 45 days, from December 22, 2021 to February 5, 2022. As a result of the public consultation on the proposal, the ministry received three sets of public comments/concerns. A summary of the concerns and how they were considered by the director are as noted below:
- Concerns were raised with regards to the proposed capping risk management measure in requiring a minimum of 1.0 m of unimpacted soils be present between the final grade and impacted soils and how that is to be completed while ensuring that the existing approved grading plans for the site, including drainage swales and easements, are to be maintained to prevent poor drainage/flooding of adjacent properties, etc. This concern was also raised with regards to the need for ensuring that there is a minimum of 1.5 m of soils meeting the pH of between 5 and 9 where it was indicated that 0.75 m of fill was placed on the site in November 2021 causing some dust and flooding issues. These issues are of particular importance to adjacent properties as they are already at a lower grade than the site.
Response:
An initial grading plan has been approved for the property by the Town of Midland in 2008. As part of the building permit stage for each lot, lot grading plans will need to be updated and approved by the Town of Midland to ensure that the drainage does not adversely affect neighbouring properties. Work that was completed at the site in November 2021 was done prior to the issuance of the Certificate of Property Use and any nuisance effects were addressed by the Town of Midland.
As a result, to address the concerns related to final grading, Item 4.2.1 of the Certificate of Property Use has been amended by adding the wording “as approved by the Town of Midland” in the first paragraph such that it reads “The Property shall be covered by a physical barrier where there is less than 1.0 m of Unimpacted Soils between the final developed grade, as approved by the Town of Midland, and Impacted Soils. In addition, soils located below the final developed grade and extending to a depth of at least 1.5 m shall have a pH of between 5 and 9”.
In addition, the Certificate of Property Use has been amended to clarify the wording around final grade to read “final developed grade”.
- Concerns were raised about future construction and nuisance effects such as dust and flooding and how they will be addressed including the need for competent supervision, in particular as there has already been some off-site impacts related to site activities.
Response:
Item 4.2.4 “Soil and Ground Water Management Plan” of the Certificate of Property Use (CPU) requires the development and implementation of a soil and ground water management plan by a Qualified Person for managing excavated soils, soils brought to the property, including dust control measures, and controls for stormwater and/or ground water from dewatering activities during site development in order to ensure that there is no uncontrolled movement or discharge of contaminants.
In addition, the CPU clearly establishes that the site owners and operators are to ensure that all the conditions in the CPU will
be followed at all times or as amended. If the site owner or operator does not abide by the conditions found in the CPU, then the ministry can take the necessary steps at the expense of the owner/operators to ensure that the polluter pays for non-compliance.No changes to the Certificate of Property Use required.
- Concerns were raised in relation to the historic waste disposal site located west of Taylor Drive known as the former William Street Landfill and how it may be impacting the Site, in particular the ground water.
Response:
As part of the ministry accepted risk assessment, the off-site historical waste site was identified and the potential impacts of it on the site and the proposed future development were taken into consideration.
No changes to the Certificate of Property Use required.
- Concerns were raised in relation to the existence of massive below ground foundations, etc. from the historic use of the site as a rail corridor and round house terminal and how they may affect the proposed development, in particular for Lots 14 to 16.
Response:
The ministry is aware that there may be historic remnants of infrastructure located at the site in relation to the former property uses, including old foundations. The existence of such structure will have to be taken into consideration as part of the building permit stage.
No changes to the Certificate of Property Use required.
In addition, the Certificate of Property Use was amended to:
- reflect the change in personnel within the ministry for the signing director
- provide clarification on the definition of “Unimpacted Soils”
- clarify the requirements under Item 4.2.6 “Future Site Development” to address only situations that were not addressed under the risk assessment
- clarify the form of notice required in relation to Item 4.11 “Owner Change” of the CPU
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 February 15, 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)
1646551 Ontario Inc.
655 Aberdeen Boulevard
Midland,
ON
L4R 5N9
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
Chris Hyde
54 Cedar Pointe Dr
Unit 1201
Barrie,
ON
L4N 5R7
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 use of "Residential" Property 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 October 21, 2021.
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:
- restrictions regarding building construction on, and the use of, the property
- maintaining a barrier to impacted soils and ground water
- implementation of vapour mitigation systems
- vapour monitoring requirements
- implementing soil and ground water management plans
- a health and safety plan
- reporting requirements
The proposed draft CPU No. #0058-C82HUU, including the Section 197 Order, is provided as a link under the Supporting Materials section of this notice.
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 December 22, 2021
to February 5, 2022
Connect with us
Contact
Cindy Hood
54 Cedar Pointe Drive
Unit 1201
Barrie,
ON
L4N 5R7
Canada
Comments received
Through the registry
2By email
1By mail
0