This consultation was open from:
February 6, 2024
to March 22, 2024
Decision summary
On March 25, 2024, the director issued an order under section 136 of the Environmental Protection Act to the Parties. The order authorizes the Crown to use financial assurance for the performance of environmental measures including the preparation of a delineation plan to better understand the nature and extent of contamination on the site.
Location details
Site address
201 Major Street
Welland,
ON
L3B 6A9
Canada
Site location details
The site located at 201 Major Street in Welland, Ontario. Located on the south side of Major Street between Myrtle Avenue and Mc Alpine Avenue North. The site is approximately 0.4 hectares (0.9 acres) in size and is occupied by a single industrial building.
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)
962514 Ontario Inc.
201 Major Street
Welland,
ON
L3B 6A9
Canada
Pop & Lock Corporation
201 Major Street
Welland,
ON
L3B 6A9
Canada
4318072 Canada Inc.
38-10 Place du Commerce Bureau 116
Ile-des-Soeurs,
QC
H3E 1T8
Canada
Richard G. Limoges
201 Major Street
Welland,
ON
L3B 6A9
Canada
Brian Mitchell
201 Major Street
Welland,
ON
L3B 6A9
Canada
Christian Dupont Larocque
38-10 Place du Commerce Bureau 116
Ile-des-Soeurs,
QC
H3E 1T8
Canada
Decision details
The Director’s Order was issued as proposed.
A copy of the final order is provided as a link under the Supporting Materials section of this decision notice.
Effects of consultation
Public consultation on the proposal for this decision was provided for 45 Days, from February 6th, 2024 to March 22nd, 2024.
As a result of public consultation on the proposal, the Ministry received a total of 0 comments. There were no public comments provided for the Director to consider.
The Director decided that there was no need to make any changes to the Director’s Order other than adding for clarity the words “to the Parties” to the definition of the Notice of Intention to Cause Work to be Done. A copy of the Notice is included in the Supporting Materials of the proposal 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.
301 St Paul Street
Floor 9, Suite 15
St Catharines,
ON
L2R 7R4
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from May 31, 2024 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:
- 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)
962514 Ontario Inc.
201 Major Street
Welland,
ON
L3B 6A9
Canada
Pop & Lock Corporation
201 Major Street
Welland,
ON
L3B 6A9
Canada
4318072 Canada Inc.
38-10 Place du Commerce Bureau 116
Ile-des-Soeurs,
QC
H3E 1T8
Canada
Richard G. Limoges
201 Major Street
Welland,
ON
L3B 6A9
Canada
Brian Mitchell
201 Major Street
Welland,
ON
L3B 6A9
Canada
Christian Dupont Larocque
38-10 Place du Commerce Bureau 116
Ile-des-Soeurs,
QC
H3E 1T8
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
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
Greg Washuta
301 St Paul Street
Floor 9
St Catharines,
ON
L2R 7R4
Canada
Original proposal
Proposal details
Director’s Order
The director intends to issue an order (director’s order) under section 136 of the Environmental Protection Act to 962514 Ontario Inc., Pop & Lock Corporation, Brian D. Mitchell, Richard G. Limoges, 4318072 Canada Inc. and Christian Dupont Larocque. The Director’s Order will authorize the Crown to use financial assurance for the performance of environmental measures for which the financial assurance was provided. The financial assurance being held by the Crown is cash in the amount of $20,000 plus accrued interest, as described in the Director’s Order.
The ministry intends to use the financial assurance in furtherance of environmental measures regarding the site. A qualified person is being retained to develop a delineation plan, to better understand the nature and extent of the contamination on site as well as a schedule and cost estimate for remediation that may be required.
Background
The site is an abandoned industrial property known as the Mitech or Pop and Lock Corporation property on which a variety of plastic components have been manufactured for the commercial, defense and retail markets until 2011. The site is approximately 0.4 hectares (0.9 acres) in size and is occupied by a single industrial building.
Immediately to the south of the site are residences. To the north and west of the site are roadways and existing industrial uses. A roadway separates the site from homes located to the east. Groundwater from the site is migrating in a south easterly direction from the site. There is historical evidence of offsite contamination from the site.
Trichloroethylene and its degradation products, including vinyl chloride (a carcinogen), has been detected in shallow groundwater and soil on the property and some voluntary measures, including a pump and treatment system and an alternative containment system that involved phytoremediation using hybrid poplar trees were carried out in an attempt to control the contaminants. These measures were unsuccessful, and a 2017 Director’s Order was issued regarding the site.
On October 28, 2021, Messrs Mitchell and Limoges were convicted of an offence regarding the failure to comply with the 2017 Director’s Order and a Court Order was issued to them to provide financial assurance to the Crown in the amount of a total of $20,000 by December 31, 2022, to be used regarding the site. The Crown has received the required money and now holds the financial assurance.
The Director believes that the required environmental measures will not be carried out by the parties under the 2017 Director’s Order. The Director also believes that it is necessary for the Crown, as represented by the ministry, following the issuance of this Director’s Order, to use the Financial Assurance to do the work. A Notice of Intention to Cause Work to be Done by the Ministry of the Environment, Conservation and Parks was issued on February 1st, 2024, as a prerequisite to carrying out the environmental measures.
A copy of the draft Director’s Order and the Notice of Intention to Cause Work to be Done is provided as a link under the Supporting Materials section of this proposal 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.
301 St Paul Street
Floor 9, Suite 15
St Catharines,
ON
L2R 7R4
Canada
Comment
Commenting is now closed.
This consultation was open from February 6, 2024
to March 22, 2024
Connect with us
Contact
Greg Washuta
301 St Paul Street
Floor 9
St Catharines,
ON
L2R 7R4
Canada
Comments received
Through the registry
0By email
0By mail
0