FGL Kerns Inc. - Certificate of property use

Instrument type: Certificate of property use

ERO number
Ministry reference number
Notice type
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Proposal posted
Comment period
March 17, 2023 - May 1, 2023 (45 days) Open
Last updated

This consultation closes at 11:59 p.m. on:
May 1, 2023

Proposal summary

The ministry has accepted the risk assessment prepared for the owner, FGL Kerns Inc. as part of the development plans for the property. The director is considering issuing a Certificate of Property Use in relation to the property.

Location details

Site address

1600 Kerns Road
Burlington, ON
L7P 3G9

Site location map

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

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FGL Kerns Inc.
5400 Yonge Street
Suite 300
Toronto , ON
M2N 5T5

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 “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 report, 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 March 1, 2023.

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 other 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:

  • maintaining a barrier to site soils
  • restrictions on growing produce for consumption
  • restrictions on using ground water for potable purposes
  • implementing a health and safety plan
  • implementing a soil and ground water management plan
  • reporting requirements

The proposed CPU No. 2223-CPHJCQ, 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.

Halton-Peel District Office

4145 North Service Road
Suite 300
Burlington, ON
L7L 6A3

Office phone number


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