This consultation was open from:
September 12, 2024
to October 27, 2024
Decision summary
A Certificate of Property Use was issued on October 28, 2024, to Briarwood (Newmarket) Inc. for the intended residential and commercial use of the property located at 693 and 713 Davis Drive and 35 Patterson Street, Newmarket, Ontario.
Location details
Site address
693 and 713 Davis Drive and 35 Patterson Street
Newmarket,
ON
L3Y2R2
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)
Briarwood (Nwmkt) Inc.
693 Edward Avenue
Richmond Hill,
ON
L4C 3A5
Canada
Decision details
A Certificate of Property Use (CPU) was issued to Briarwood (Newmarket) Inc. for residential and commercial use of the property located at 693 and 713 Davis Drive and 35 Patterson Street, Newmarket, Ontario.
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 any way, a copy of the CPU must be given to any person who will acquire an interest in the property.
The accepted risk management measures include:
- barriers to site soils, including a fill cap or hard cap;
- barrier inspection and maintenance program;
- requirements for new utilities to minimize migration of impacted groundwater or vapour;
- a requirement for any new building to include a storage garage with minimum ventilation rate;
- a requirement for any new building to include vapour mitigation systems;
- a prohibition on the installation of wells for the purpose of groundwater supplies;
- soil and groundwater management plan;
- health and safety plan; and
- a groundwater monitoring program
A copy of the final CPU No. 1137-C6NRPL-1 is provided as a link under the Supporting Materials section of this notice.
Effects of consultation
No comments were received on this proposal.
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.
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from October 28, 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)
Briarwood (Nwmkt) Inc.
693 Edward Avenue
Richmond Hill,
ON
L4C 3A5
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
Celeste Dugas
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
Original proposal
Proposal details
The Ministry has accepted the risk assessment prepared for the owner, Briarwood Newmarket Inc., for the property 693 and 713 Davis Drive and 35 Patterson Street, Newmarket.
The Director is considering issuing a Certificate of Property Use ("CPU") in relation to the property. 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 residential and/or commercial land use 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 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 January 24, 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 any way, 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:
- barriers to site soils, including a fill cap or hard cap;
- barrier inspection and maintenance program;
- requirements for new utilities to minimize migration of impacted groundwater or vapour;
- a requirement for any new building to include a storage garage with minimum ventilation rate;
- a requirement for any new building to include vapour mitigation systems;
- a prohibition on the installation of wells for the purpose of groundwater supplies;
- soil and groundwater management plan;
- health and safety plan; and
- a groundwater monitoring program.
The proposed draft CPU No. 1137-C6NRPL-1 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.
Comment
Commenting is now closed.
This consultation was open from September 12, 2024
to October 27, 2024
Connect with us
Contact
Celeste Dugas
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
Comments received
Through the registry
0By email
0By mail
0