FS Orillia GP Inc. - Certificate of property use

Instrument type: Certificate of property use

ERO number
025-0549
Ministry reference number
3151-D5PL88
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 26, 2025 - July 10, 2025 (45 days) Closed
Last updated

This consultation was open from:
May 26, 2025
to July 10, 2025

Decision summary

Certificate of Property Use No. 3151-D5PL88 (CPU) was issued to FS Orillia GP Inc. on June 2, 2026, as part of the development plans for the property located at 70 Front Street North - Central Parcel in Orillia, Ontario.

Location details

Site address

70 Front Street North - Central Parcel
Orillia, ON
L3V 4R8
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 window

Proponent(s)

FS Orillia GP Inc.
141 Lakeshore Road East
Mississauga, ON
L5G 1E8
Canada

Decision details

The Certificate of Property Use requires FS Orillia GP Inc. to ensure that the following key measures are undertaken:

  • implementing an inspection and maintenance program
  • restrictions regarding building construction on, and the use of, the property
  • implementing a health and safety plan
  • implementing a groundwater management plan
  • implementing a groundwater monitoring program
  • implementation of vapour mitigation systems
  • implementing indoor air quality, sub-slab and groundwater monitoring programs
  • 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.

Note that minor editorial changes were made by the director prior to finalizing the CPU. These editorial changes were made to improve the alignment between this CPU and the draft CPU for 70 Front Street North - South Parcel in Orillia, Ontario that is currently being prepared by the ministry. These editorial changes did not remove or change any of the requirements set out in the CPU.

Two minor changes were requested by FS Orillia GP Inc. and included in the CPU:

  1. The first change was in regards to the design of the vapour mitigation system, specifically the active vapour mitigation system should an aerated subfloor be installed. This minor change was made to provide additional clarity and flexibility in the design of the aerated subfloor.
  2. The second change was in regards to the design of the external sampling enclosure(s). This change was made to align the design with the external sub-slab sampling enclosure that was included in the Risk Assessment that was accepted for 70 Front Street North - South Parcel in Orillia, Ontario. The external sampling enclosure for 70 Front Street North - South Parcel in Orillia, Ontario had minor improvements in the design that were included in this CPU for alignment purposes (for example, the location of seals, reduction in sample tube length, improved leak testing, etc.)

All changes were negligible in nature and do not alter the findings of the risks assessment or the level of protection and risk reduction applied to the site.

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.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments received.

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.

Drinking Water and Environmental Compliance Division - Barrie District Office
Address

54 Cedar Pointe Drive
Unit 1201
Barrie, ON
L4N 5R7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from June 5, 2026 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
Chris Hyde
District Manager

Barrie District Office
54 Cedar Point Drive
Unit 1201
Barrie, ON
L4N 5R7
Canada

705-791-0945

Proponent(s)

FS Orillia GP Inc.
141 Lakeshore Road East
Mississauga, ON
L5G 1E8
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
025-0549
Ministry reference number
3151-D5PL88

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

Phone number
Office
Barrie District Office
Address

54 Cedar Pointe Dr
Unit 1201
Barrie, ON
L4N 5R7
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
025-0549
Ministry reference number
3151-D5PL88
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 26, 2025 - July 10, 2025 (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
  • identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of the property as “residential”, 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 February 21, 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 and groundwater
  • implementing an inspection and maintenance program
  • restrictions regarding building construction on, and the use of, the property
  • implementing a health and safety plan
  • implementing a groundwater management plan
  • implementation of vapour mitigation systems
  • implementing indoor air quality, sub-slab and groundwater monitoring programs
  • prohibiting the use of the groundwater as a water source
  • reporting requirements

The proposed Certificate of Property Use No. 3151-D5PL88, 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.

Drinking Water and Environmental Compliance Division - Barrie District Office
Address

54 Cedar Pointe Drive
Unit 1201
Barrie, ON
L4N 5R7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from May 26, 2025
to July 10, 2025

Connect with us

Contact

Chris Hyde

Phone number
Office
Barrie District Office
Address

54 Cedar Pointe Dr
Unit 1201
Barrie, ON
L4N 5R7
Canada

Office phone number