Lakeview Community Partners Limited - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-7376
Ministry reference number
6872-CSZKYW
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
August 4, 2023 - September 3, 2023 (30 days) Closed
Last updated

This consultation was open from:
August 4, 2023
to September 3, 2023

Decision summary

Certificate of Property Use No. 6872-CSZKYW was issued to Lakeview Community Partners Limited on September 14, 2023 as part of the development plans for the property.

Location details

Site address

985 Hydro Road
Mississauga, ON
L5E 3H5
Canada

Site location map

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

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Proponent(s)

Lakeview Community Partners Limited
2173 Turnberry Road
Burlington, ON
L7M 4P8
Canada

Decision details

This Certificate of Property Use (CPU) requires the owner to ensure that the following key risk management measures are undertaken:

  • property use restrictions
  • maintaining a barrier to site soils
  • building construction restrictions for future buildings on the property to address the soil vapour intrusion pathway
  • implementing an indoor air quality monitoring program for certain building types
  • restrictions on using ground water for potable purposes
  • implementing a health and safety plan
  • implementing a soil and ground water management plan
  • reporting requirements
  • requirement to provide financial assurance

A section 197 Order is included and requires that a certificate be registered 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 must be given to any person who will acquire an interest in the property.

A copy of the final CPU including the section 197 Order is provided as a link under the Supporting Materials section of this notice.

In addition to the 30-day comment period on this Environmental Registry, written notification of the proposal was also provided to:

  • the Regional Municipality of Peel
  • the City of Mississauga
  • the Credit Valley Conservation Authority
  • Rangeview Estates Landowners Group
  • Lakeview Ratepayers Association
  • the Mississaugas of the Credit First Nation

No comments were received as a result of this proposal notice and no changes were made to the CPU as a result of the ERO posting.

However, a change was made by the director to correct a typo in two locations in Item 4.8 b. v. from Item 4.8.5 to Item 4.6.5.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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
Address

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

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from September 19, 2023 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

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
Dan Panko
Manager (A)

Halton Peel District Office
4145 North Service Rd
Burlington, ON
L7L 6A3
Canada

647-216-0354

Proponent(s)

Lakeview Community Partners Limited
2173 Turnberry Road
Burlington, ON
L7M 4P8
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-7376
Ministry reference number
6872-CSZKYW

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
019-7376
Ministry reference number
6872-CSZKYW
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

August 4, 2023 - September 3, 2023 (30 days)

Proposal details

A risk assessment was undertaken for this property (Area 3) 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 following intended uses: Residential Use”, “Parkland Use”, “Commercial Use”, “Community Use” and/or “Institutional Use”, as defined by O. Reg. 153/04 (the "Regulation"), 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 June 16, 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:

  • property use restrictions
  • maintaining a barrier to site soils
  • building construction restrictions for future buildings on the property to address the soil vapour intrusion pathway
  • implementing an indoor air quality monitoring program for certain building types
  • restrictions on using ground water for potable purposes
  • implementing a health and safety plan
  • implementing a soil and ground water management plan
  • reporting requirements
  • requirement to provide financial assurance

The proposed draft CPU No. 6872-CSZKYW, 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
Address

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

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 4, 2023
to September 3, 2023

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