R.J. Griesbaum Holdings Inc. - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-8362
Ministry reference number
4431-CV7HQA
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
March 6, 2024 - April 20, 2024 (45 days) Closed
Last updated

This consultation was open from:
March 6, 2024
to April 20, 2024

Decision summary

A Certificate of Property Use was issued to R.J. Griesbaum Holdings Inc. for the property located at 20 Shirk Place in the City of Kitchener on April 22, 2024.

Location details

Site address

20 Shirk Place
Kitchener, ON
Canada

Site location details

20 Shirk Place, Kitchener

With a Legal Description of:

Part Lot 59, German Company Tract, Pt 1 & 2 on 58R4439, Kitchener, Being All of PIN: 22343-0320 (LT)

Site location map

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

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Proponent(s)

R.J. Griesbaum Holdings Inc.
2 Lancaster Street West
Suite 701
Kitchener, ON
N2H 6S3
Canada

Decision details

Certificate of Property Use (CPU) No. 4556-CHSR8V was issued to R.J. Griesbaum Holdings 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 commercial community, residential, institutional and parkland use as defined in Ontario Regulation 153/04 of the Property. Briefly, the key RMMs for the Property include, but not limited to, the following:

  • Maintaining the existing hard cap barriers and fill cap barriers on the Property and installing, inspecting and maintaining any new hard cap or fill cap barriers on portions of the Property identified in Schedule ‘A’: Figure 2 – Areas Requiring Hard Cap and Fill Cap Barriers (Figure 2) as specified Section 4.2 (a), 4.2 (b) and 4.2 (e) of the CPU;
  • Prohibiting the construction of any new Building (s) on the portion of the Property identified in Schedule ‘A’ Figure 4 – Area Subject to the Prohibition of the Construction of new Building (s) (Figure 4) as specified in Section 4.2 (f) of the CPU;
  • Prohibiting the use of the First Storey of the existing Building (s) or any newly constructed Building (s) on the portion of the Property where new Building (s) are permitted unless the new Building (s) is constructed as specified in Section 4.2 (g) 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 (h) of the CPU;
  • Prohibiting the use of groundwater in, on or under the Property as per Section 4.2 (i) 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 (j) 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 (k) 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.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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.

Guelph District Office
Address

1 Stone Road West
Floor 4
Guelph, ON
N1G 4Y2
Canada

Office phone number

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:

  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
Aaron Todd
Manager

Guelph District Office
1 Stone Road West
4th Floor
Guelph, ON
N1G 4Y2
Canada

(647) 633-3351

Proponent(s)

R.J. Griesbaum Holdings Inc.
2 Lancaster Street West
Suite 701
Kitchener, ON
N2H 6S3
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
019-8362
Ministry reference number
4431-CV7HQA

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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Follow this notice

Original proposal

ERO number
019-8362
Ministry reference number
4431-CV7HQA
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

March 6, 2024 - April 20, 2024 (45 days)

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 mixed commercial, community, residential, institutional and parkland use as defined by Ontario Regulation 153/04

The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:

  • Human Health and Ecological Risk Assessment 20 Shirk Place, Kitchener, Ontario. Prepared by NovaTox Inc., dated April 2021;
  • Human Health and Ecological Risk Assessment 20 Shirk Place, Kitchener, Ontario. Prepared by NovaTox Inc., dated March 2022;
  • Human Health and Ecological Risk Assessment 20 Shirk Place, Kitchener, Ontario. Prepared by NovaTox Inc., dated September 2022; and,
  • Human Health and Ecological Risk Assessment 20 Shirk Place, Kitchener, Ontario. Prepared by NovaTox Inc., dated April 2023 and,
  • Email Re: Request for additional information for 20 Shirk Place, Kitchener (RA1910-20d, IDS 3653-BUYLHP).  Received by TASDB on July 9, 2023 from Mark Chappel, NovaTox Inc., with the following document:
    • 19-480 RA - 20 Shirk final report.

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. 3653-BUYLHP relating to the property in accordance with section 168.5 of the act on July 18, 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. 4431-CV7HQA 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.

Guelph District Office
Address

1 Stone Road West
Floor 4
Guelph, ON
N1G 4Y2
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from March 6, 2024
to April 20, 2024

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