This consultation was open from:
December 5, 2018
to January 19, 2019
Decision summary
A Certificate of Property Use (CPU) was issued to 857530 Ontario Inc. for the industrial property located at 200 Industrial Parkway North, Aurora.
Location details
Site address
200 Industrial Parkway North
Town of Aurora,
ON
L4G 4C3
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)
857530 Ontario Inc.
Post Office Box Delivery 159
Toronto,
ON
M5K 1H1
Canada
Decision details
Certificate of Property Use (CPU) number 5123-9GYLTL-1 was issued to 857530 Ontario Inc. on May 9, 2019.
The CPU requires the Proponent to ensure that the following key risk management measures are undertaken to ensure that the risk management measures relating to soil and groundwater contamination are implemented for continued “Industrial Use” as defined by Ontario Regulation 153/04, as amended, made under the Environmental Protection Act (EPA). These risk management measures include:
- barriers to site soils including a fill cap or hard cap;
- barrier inspection and maintenance program;
- soil and groundwater management plan;
- annual reporting requirements; and
- a restriction on the use of groundwater for consumption
The CPU also 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.
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
While no comments where received on the posted instrument, minor editorial changes were made to clarify the wording of some risk management measures and update the document. These revisions were entirely editorial and do not alter the intent or requirements of the instrument.
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 May 23, 2019 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.
Appeal process for decisions published before June 1, 2021
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)
857530 Ontario Inc.
Post Office Box Delivery 159
Toronto,
ON
M5K 1H1
Canada
Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
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
Description of instrument:
A risk assessment was completed for the industrial property at 200 Industrial Parkway North, Aurora to establish the risks that the soil, groundwater and sediment contaminants may pose to future users. The risk assessment for property determined appropriate risk management measures to be implemented to ensure that the property is suitable for the continued “Industrial Use” as defined by O. Reg. 153/04 ("Regulation"), as amended, made under the Environmental Protection Act (“EPA").
The Ministry accepted the risk assessment prepared for the owner, 857530 Ontario Inc., and provided written Notice of the Director’s Decision to accept the risk assessment No. 6005-9C4NXT in accordance with s. 168.5 of the Act on October 31, 2018.
The Director is considering the issuance of a Certificate of Property Use ("CPU") and a Section 197, EPA order in relation to the property. The CPU will incorporate the risk management measures developed in the risk assessment and any additional conditions proposed by the Director. The Section 197 order 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;
- soil and groundwater management plan;
- annual reporting requirements; and
- a restriction on the use of groundwater for consumption
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
Comment
Commenting is now closed.
This consultation was open from December 5, 2018
to January 19, 2019
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