Terraces of King George GP Inc. - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-8663
Ministry reference number
2721-CRMQBZ
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
May 8, 2024 - June 22, 2024 (45 days) Closed
Last updated

This consultation was open from:
May 8, 2024
to June 22, 2024

Decision summary

A Certificate of Property Use was issued to Terraces of King George GP Inc. and Terraces of King George LP for the property located at 141 King George Road, Brantford on June 24, 2024.

Location details

Site address

141 King George Road
Brantford, ON
Canada

Site location details

141 King George Road, Brantford

With legal description of:

LT 1, SECTION 15, PL 1000, S&E PT 1 2R6159; S/T RESERVATION OF MINES & MINERALS IN A158495; SUBJECT TO AN EASEMENT AS IN A158495; CITY OF BRANTFORD

Being All of PIN:  32218-0319 (LT)

Site location map

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

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Proponent(s)

Terraces of King George GP Inc.
686 St. Clair Avenue West
Toronto, ON
M6C 1B1
Canada

Terraces of King George LP by its general partner Terraces of King George GP
686 St. Clair Avenue, West
Toronto, ON
M6C 1B1
Canada

Decision details

Certificate of Property Use (CPU) No. 2721-CRMQBZ was issued to Terraces of King George GP Inc. and Terraces of King George LP on June 24, 2024.

For this CPU, a number of RMMs were identified to be required as a result of the RA for the intended mixed commercial and residential use as defined in O. Reg. 153/04. of the Property. Briefly, the key RMMs for the Property include, but not limited to, the following:

  • Prohibiting the construction of any new Building (s) on the Property unless the new Building (s) is constructed as specified in section 4.2 (a) of the CPU;
  • Implementing a Performance Monitoring Program for any new Building (s) constructed on the Property as specified in section 4.2 (h) of the CPU;
  • Implementing a Groundwater Monitoring Program as specified in section 4.2 (k) of the CPU;
  • Implementing a Groundwater Control Management Plan for any new Building in the event that long-term dewatering is required as specified in section 4.2 (l) of the CPU;
  • Implementing a Groundwater Management Plan during any intrusive activities on the Property or portions of the Property potentially in contact with COCs identified in groundwater as specified in section 4.2 (m) of the CPU;
  • Prohibiting the use of groundwater in, on or under the Property as per section 4.2 (n) 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 submissions were received during the public consultation period and no changes were made to the draft Certificate of Property Use by the Director.

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 June 26, 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)

Terraces of King George GP Inc.
686 St. Clair Avenue West
Toronto, ON
M6C 1B1
Canada

Terraces of King George LP by its general partner Terraces of King George GP
686 St. Clair Avenue, West
Toronto, ON
M6C 1B1
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
019-8663
Ministry reference number
2721-CRMQBZ

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
019-8663
Ministry reference number
2721-CRMQBZ
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

May 8, 2024 - June 22, 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 and residential, use as defined by Ontario Regulation 153/04. 

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

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. 1451-C4RHPB relating to the property in accordance with section 168.5 of the act on April 26, 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. 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 May 8, 2024
to June 22, 2024

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