This consultation was open from:
July 4, 2024
to August 18, 2024
Decision summary
Certificate of Property Use No. 4718-D4ZJ92 (“CPU”) was issued to The Corporation of the Town of Penetanguishene on August 29, 2024, as part of the development plans for the property located at 111 Robert Street West in Penetanguishene, Ontario.
Location details
Site address
111 Robert Street West
Penetanguishene,
ON
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 Penetanguishene
111 Robert Street West
Penetanguishene,
ON
L9M 1P8
Canada
Decision details
The Certificate of Property Use requires The Corporation of the Town of Penetanguishene to ensure that the following key measures are undertaken:
- maintaining a barrier to impacted soils:
- implementing an inspection and maintenance program
- restrictions regarding building construction on, and the use of, the property
- implementing soil, groundwater and sediment management plans
- implementing a health and safety plan
- implementation of vapour mitigation systems
- implementing indoor air quality, sediment, groundwater and surface water monitoring programs
- implementing a vegetation monitoring and maintenance program
- prohibiting the use of the groundwater as a water source
- reporting requirements
A section 197 Order is included and requires that a certificate be registered on the property title in accordance with section 197 of the act and that before dealing with the property in any way, a copy of the Certificate of Property Use must be given to any person who will acquire an interest in the property.
A copy of the final Certificate of Property Use including the section 197 Order is provided as a link under the Supporting Materials section of this Notice.
Effects of consultation
The information below summarizes the public's comments and how they were considered and addressed as part of the decision:
- Concerns regarding the potential for the Certificate of Property Use to negatively impact a neighbouring property.
Response: This comment did not provide any details on the type(s) of negative impact(s) that could occur as a result of this CPU. However, the Risk Assessment that was accepted by the ministry on April 11, 2024 assessed the potential for on and off-site adverse effects as part of the human health and ecological risk assessment components. The results of this assessment indicated that no off-site adverse effects on neighbouring properties are anticipated due to the site conditions and proposed risk management measures that are included within the CPU.
- A request for The Corporation of the Town of Penetanguishene to include details of the proposed use in their application, including exactly what use the The Corporation of the Town of Penetanguishene is considering.
Response: As outlined in the ministry accepted Risk Assessment and the CPU, the proposed use is to include a mixed use of residential, parkland and commercial property uses. There is no definitive use proposed for the property at this time. Questions and concerns regarding the definitive use of the property should be addressed to The Corporation of the Town of Penetanguishene.
No changes to the Certificate of Property Use were required based on the public consultation.
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.
54 Cedar Pointe Drive
Unit 1201
Barrie,
ON
L4N 5R7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from September 3, 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 Penetanguishene
111 Robert Street West
Penetanguishene,
ON
L9M 1P8
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
Chris Hyde
54 Cedar Pointe Dr
Unit 1201
Barrie,
ON
L4N 5R7
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
- identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended mixed use of the property as “Residential”, “Parkland”, and “Commercial”, as defined by Ontario Regulation 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 development plans for 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 section 168.5 of the Act on April 11, 2024.
The director is considering issuing a Certificate of Property Use (CPU) in relation to the property. The CPU incorporates the risk management measures proposed in the risk assessment and any additional conditions proposed by the director. A section 197 Order is included and requires that a certificate be registered on the property title in accordance with section 197 of the Act, and that before dealing with the property in anyway, a copy of the CPU must be given to any person who will acquire an interest in the property.
The proposed risk management measures include:
- maintaining a barrier to impacted soils
- implementing an inspection and maintenance program
- restrictions regarding building construction on, and the use of, the property
- implementing soil, groundwater and sediment management plans
- implementing a health and safety plan
- implementation of vapour mitigation systems
- implementing an indoor air quality, sediment, groundwater and surface water monitoring programs
- implementing a vegetation monitoring and maintenance program
- prohibiting the use of the groundwater as a water source
- reporting requirements
The proposed Certificate of Property Use No. 4718-D4ZJ92, including the 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.
54 Cedar Pointe Drive
Unit 1201
Barrie,
ON
L4N 5R7
Canada
Comment
Commenting is now closed.
This consultation was open from July 4, 2024
to August 18, 2024
Connect with us
Contact
Chris Hyde
54 Cedar Pointe Dr
Unit 1201
Barrie,
ON
L4N 5R7
Canada
Comments received
Through the registry
2By email
0By mail
0