This consultation was open from:
March 6, 2019
to April 20, 2019
Decision summary
A Certificate of Property Use (CPU) was issued to Areast Inc. on May 15, 2019 for the property at 127 Hunter Street East, Peterborough, Ontario.
Location details
Site address
127 Hunter Street East
Peterborough,
ON
K9H 1G7
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)
Areast Inc.
Post Office Box Delivery 472
Station Main
Peterborough,
ON
K9J 6Z8
Canada
Decision details
Decision on instrument
A Certificate of Property Use (CPU) was issued to Areast Inc. on May 15, 2019 for the property at 127 Hunter Street East, Peterborough, Ontario.
The risk management measures required by the CPU include restrictions on the construction of any building(s), providing a surface cap where there are contaminants of concern, installation of a soil vapour mitigation system in any building constructed on the property, developing and implementing a soils management plan for any future activities that may involve contact with or exposing property soils that are contaminated with contaminants of concern, developing and implementing a health and safety plan for any future activities that may involve contact with or exposing property soils that are contaminated with contaminants of concern and not using the groundwater as a potable water supply.
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 be given to any person who will acquire an interest in the property.
A copy of the final Certificate of Property Use (CPU) No. 8532-B8UQE9 is attached to this notice.
Public Consultation on the proposal for this decision was provided for 45 Days, from March 6 to April 20, 2019.
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.
300 Water Street
Floor 2, Robinson Place South Tower
Peterborough,
ON
K9J 3C7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from May 16, 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)
Areast Inc.
Post Office Box Delivery 472
Station Main
Peterborough,
ON
K9J 6Z8
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
David Bradley
300 Water Street
Floor 2, Robinson Place South Tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Description of instrument
A risk assessment was undertaken for the property at 127 Hunter Street East, Peterborough, Ontario to establish the risks that identified contaminants may pose to and to identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use as a commercial and residential property.
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. 8273-AEQQTF relating to the property in accordance with s. 168.5 of the act on September 26, 2018.
The Director is considering the issuance of a Certificate of Property Use (CPU) in relation to the site. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the Director. The proposed CPU No. 8532-B8UQE9 is attached.
The risk management measures required by the CPU include restrictions on the construction of any building(s), providing a surface cap where there are contaminants of concern, installation of a soil vapour mitigation system in any building constructed on the property, developing and implementing a soils management plan for any future activities that may involve contact with or exposing property soils that are contaminated with contaminants of concern, developing and implementing a health and safety plan for any future activities that may involve contact with or exposing property soils that are contaminated with contaminants of concern and not using the groundwater as a potable water supply.
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 be given to any person who will acquire an interest in the property.
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.
300 Water Street
Floor 2, Robinson Place South Tower
Peterborough,
ON
K9J 3C7
Canada
Comment
Commenting is now closed.
This consultation was open from March 6, 2019
to April 20, 2019
Connect with us
Contact
David Bradley
300 Water Street
Floor 2, Robinson Place South Tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
0By email
0By mail
0