This consultation was open from:
December 19, 2024
to February 2, 2025
Decision summary
A Certificate of Property Use was issued to 2640323 Ontario Inc. for the property located at 11 Elizabeth Road, Simcoe, Ontario.
Location details
Site address
11 Elizabeth Road
Simcoe,
ON
N3Y 2M7
Canada
Site location details
LOT 6 PLAN 279, PART 1 ON 37R11488 NORFOLK COUNTY
Being ALL of PIN 50189–0145(LT)
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)
2640323 Ontario Inc.
19 Whistler Street
Hannon,
ON
L0R 1P0
Canada
Decision details
Certificate of Property Use was issued to 2640323 Ontario Inc. for the property located at 11 Elizabeth Road, Simcoe, Ontario.
The CPU requires the instrument holder to ensure that the following key risk management measures are undertaken:
- installing, inspecting and maintaining barriers to site soils on the property
- building construction restrictions for future buildings on the property to address the soil vapour intrusion pathway
- vapour mitigation measures for new residential buildings, including a vapour barrier and soil vapour intrusion mitigation system
- implementing a sub-slab vapour and indoor air monitoring program
- implementing a groundwater monitoring program
- implementing a soil and groundwater management plan
- implementing a health and safety plan
- prohibiting the planting of fruit and vegetables for consumption
- a restriction on the construction of wells for potable water supplies
- annual reporting
- requiring contingencies through the submission of financial assurance
A copy of the final Certificate of Property Use is provided as a link under the Additional Information section of this Notice.
Effects of consultation
No changes were made by the director prior to finalizing the CPU and a copy of the final CPU 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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from March 11, 2025 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)
2640323 Ontario Inc.
19 Whistler Street
Hannon,
ON
L0R 1P0
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
Heather Arrell
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
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 and to identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of “residential” use as defined by Ontario Regulation 153/04.
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. 5285-C7YPSD relating to the property in accordance with s.168.5 of the act on October 9, 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 other 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:
- installing, inspecting and maintaining barriers to site soils on the Property;
- building construction restrictions for future buildings on the property to address the soil vapour intrusion pathway;
- vapour mitigation measures for new residential buildings, including a vapour barrier and soil vapour intrusion mitigation system;
- implementing a sub-slab vapour and indoor air monitoring program;
- implementing a groundwater monitoring program;
- implementing a soil and groundwater management plan;
- implementing a health and safety plan;
- prohibiting the planting of fruit and vegetables for consumption;
- a restriction on the construction of wells for potable water supplies;
- annual reporting;
- contingencies to providing financial assurance
The proposed CPU No. 5673-D9QJTA 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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comment
Commenting is now closed.
This consultation was open from December 19, 2024
to February 2, 2025
Connect with us
Contact
Heather Arrell
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
0By email
0By mail
0