This consultation was open from:
April 12, 2024
to May 27, 2024
Decision summary
Certificate of Property Use No. 0431-B9YR4W-1 was issued to The Corporation of the Town of Amherstburg for the property located at 290, 296 & 306 Dalhousie Street in Amherstburg, Ontario.
Location details
Site address
290, 296 & 306 Dalhousie Street
Amherstburg,
ON
N9V 1W9
Canada
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)
The Corporation of the Town of Amherstburg
271 Sandwich Street South
Amherstburg,
ON
N9V 2A5
Canada
Decision details
Certificate of Property Use (CPU) No. 0431-B9YR4W-1 was issued to the property owner on June 10th, 2024.
For this CPU, a number of Risk Management Measures were identified to be required as a result of the Risk Assessment for the intended parkland use as defined in O. Reg. 153/04. Briefly, the key Risk Management Measures for the Property include, but are not limited to, the following:
- Installing, inspecting and maintaining hard cap and fill cap barriers on the Property as specified in sections 4.2 (a) to 4.2 (d) of this CPU;
- Prohibiting the construction of any new Building (s) on the Property unless the new Building (s) is constructed as specified in section 4.2 (e) of this CPU;
- Implementing a Performance Monitoring Program for any new Building (s) constructed on the Property as specified in section 4.2 (j) of this CPU;
- Inspecting and maintaining the existing Retaining Wall barrier along the western Property boundary as specified in section 4.2 (m) of this CPU;
- Implementing a Soil Management Plan during any intrusive activities on the Property or portions of the Property potentially in contact with COCs identified in soils as specified in section 4.2 (q) of this CPU;
- Implementing a Health and Safety Plan during any intrusive activities undertaken on the Property potentially in contact with COCs in soil and/or groundwater as specified in section 4.2 (r) of this CPU;
- Prohibiting the planting of fruit and vegetables for consumption, other than those planted in above ground containers, such that they are isolate from the subsurface conditions as per section 4.2 (s) of this CPU;
- Prohibiting the use of groundwater in, on or under the Property as per section 4.2 (t) of this CPU;
- Restricting the use of the Property to Parkland Use as per section 4.2 (u) of this 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 this CPU.
A copy of the final CPU and 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.
How to Appeal
This instrument decision can be appealed. You have 15 days from September 18, 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)
The Corporation of the Town of Amherstburg
271 Sandwich Street South
Amherstburg,
ON
N9V 2A5
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
Lane Chevalier
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 use of parkland 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 continued use of 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 January 23, 2024.
The Director is considering issuing a Certificate of Property Use (the "CPU") in relation to the property. The proposed CPU incorporates the risk management measures proposed in the Fisk Assessment and additional conditions proposed by the Director. The proposed CPU No. 0431-B9YR4W-1, is attached to 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.
Comment
Commenting is now closed.
This consultation was open from April 12, 2024
to May 27, 2024
Connect with us
Contact
Nilima Gandhi
733 Exeter Road
London,
ON
N6E 1L3
Canada
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