FGL Kerns Inc. - Certificate of property use

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.