This consultation was open from:
March 6, 2024
to April 20, 2024
Decision summary
A Certificate of Property Use was issued to 321 Courtland Avenue Developments Inc. for the property located at 263 Courtland Avenue East, 30 Vernon Avenue, and 230 Palmer Avenue in the City of Kitchener on April 22, 2024.
Location details
Site address
263 Courtland Avenue East, 30 Vernon Avenue and 230 Palmer Avenue
Kitchener,
ON
Canada
Site location details
263 Courtland Ave. East, 30 Vernon Ave. and 230 Palmer Ave., Kitchener ON
With legal description of:
All of Lots 1, 2, 3, 10 to 35 and Park of Prince Arthur Avenue, Plan 263 (closed by By-Law No. 94097, Instrument No. 1214204), All of Lot 64 and 193, Streets and Lanes, All of Lot 14 and Part of Lots 15, 16, 17, Plan 404, Part of Lot 5, Plan 366, All of Lots 24 and 27-33, Part of Lots 22 and 26, Municipal Compiled Plan of Subdivision of Lot 18, German Company Tract, designated as Part 1, 2 and 3, Plan 58R-20758, City of Kitchener, Regional Municipality of Waterloo.
Being All of PIN 225025-0047 (LT), Part of PIN 22505-0052 (LT) and Part of PIN 22505-0469 (LT)
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)
321 COURTLAND AVE. DEVELOPMENTS INC.
560 Wellington Street
2nd Floor
London,
ON
N6A 3R4
Canada
Decision details
Certificate of Property Use (CPU) No. 4556-CHSR8V was issued to 321 Courtland Avenue Developments Inc. on April 22, 2024.
For this CPU, a number of RMMs were identified to be required as a result of the RA for the intended mixed residential, and institutional use of the Property. Briefly, the key RMMs for the Property include, but not limited to, the following:
- Installing, inspecting and maintaining any hard cap or fill cap barriers on the portion of the Property as specified the attached Schedule ‘A’: Figure 2: Areas Requiring hard cap and fill cap barriers (Figure 2) and in Section 4.2 (a), and 4.2 (e) of the CPU;
- With the exception of the area on the Property identified as the Townhouse Block Area as specified in the attached Schedule ‘A’: Figure 5: Plan of Survey Depicting Townhouse Block Area (Figure 5), prohibiting the construction of any new Building (s) on the remainder of the Property unless the new Building (s) is constructed as specified in Section 4.2 (f) of the CPU;
- Implement a confirmatory indoor air quality monitoring program for any new Building (s) constructed on the portion of the Property as required by Section 4.2 (g) of this CPU as per Section 4.2 (i) of the CPU;
- Prohibiting the planting of fruit and vegetables for consumption, other than those planted in above ground containers such that they are isolated from the subsurface conditions as per Section 4.2 (l) of the CPU;
- Prohibiting the use of groundwater in on or under the Property as per Section 4.2 (m) of the CPU;
- Implementing a soil and groundwater management plan during any intrusive activities undertaken on the Property potentially in contact with COCs in soil and groundwater that have been identified in the RA at concentrations that exceed the Applicable Site Condition standards as per Section 4.2 (n) of the CPU;
- Implementing a health and safety plan during any intrusive activities undertaken on the Property potentially in contact with COCs in soil and groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards as specified in Section 4.2 (o) of the CPU; and,
- Registering a certificate 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 is to be given to any person who will acquire an interest in the Property as per Section 4.5, 4.6 and 4.7 of the CPU.
No changes were made by the Director prior to finalizing the Certificate of Property Use and a copy is attached to this notice.
Effects of consultation
No comments were received by the Ministry during the public consultation process.
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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from April 23, 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)
321 COURTLAND AVE. DEVELOPMENTS INC.
560 Wellington Street
2nd Floor
London,
ON
N6A 3R4
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
Aaron Todd
1 Stone Road West
Guelph,
ON
N1G 4Y2
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 residential and institutional use as defined by Ontario Regulation 153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:
- Pre-Submission Form for RSC 2- 30 Vernon Avenue, 230 & 240 Palmer Avenue and 263, 321, 323, and 325 Courtland Avenue East, Kitchener, Ontario. Prepared by Pinchin Ltd., dated December 4, 2019;
- Tier 3 Risk Assessment: RSC-2 – Former Maple Leaf Facility, 30 Vernon Avenue, 230 Palmer Avenue and 263 Courtland Avenue East, Kitchener, Ontario. Prepared by Pinchin Ltd., dated January 25, 2021;
- Revised Tier 3 Risk Assessment Risk Assessment: RSC-2 – Former Maple Leaf Facility, 30 Vernon Avenue, 230 Palmer Avenue and 263 Courtland Avenue East, Kitchener, Ontario. Prepared by Pinchin Ltd., dated April 5, 2022;
- Email - Irene Hutchison shared the folder "207184.015 - Revised T3RA Maple Leaf RSC-2" with you” received by TASDB on February 10, 2023 with the following document:
- 207184.015 Revised T3RA RSC2 Maple Leaf, Kitchener, Ontario Feb 10 2023
- Email - RE: Request for additional information for 30 Vernon Avenue, 230 & 240 Palmer Avenue and 263, 321, 323, and 325 Courtland Avenue East, Kitchener, Ontario [RA1850-20c; IDS#7665-BM7SUF], from Theresa Phillips, Pinchin Ltd., received by TASDB on May 5, 2023 with the following documents:
- 207184.015_Figure X1-1_05052023_YP
- 207184.015_Figure X1-2_05052023_YP; and,
- Email RE: Request for additional information for 30 Vernon Avenue, 230 & 240 Palmer Avenue and 263, 321, 323, and 325 Courtland Avenue East, Kitchener, Ontario [RA1850-20c; IDS#7665-BM7SUF]] from Shane Ward, Pinchin Ltd., received by TASDB on July 12, 2023 with the following documents:
- 207184.015 T3RA Addendum RSC2 Maple Leaf Kitchener Ontario July 12 2023.
Based on the documents provided to the ministry as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted in accordance with the Environmental Protection Act (the act), Ontario Regulation 153/04 (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 No. 7665-BM7SUF relating to the property in accordance with section 168.5 of the act on August 4, 2023.
The Director is considering the issuance of a Certificate of Property Use (CPU) in relation to the site. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the Director. The proposed Certificate of Property Use (CPU) No. 7287-CV7HQQ is attached.
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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
Comment
Commenting is now closed.
This consultation was open from March 6, 2024
to April 20, 2024
Connect with us
Contact
Aaron Todd
1 Stone Road West
Guelph,
ON
N1G 4Y2
Canada
Comments received
Through the registry
0By email
0By mail
0