This consultation was open from:
October 3, 2018
to November 17, 2018
Decision summary
Amendment to Certificates of Property Use (CPU) No. #5873-6EJHQR(a), 5873-6EJHQR(b), and 5873-6EJHQR(c), was issued to The Corporation of the City of North Bay, Marina Point Village Real Estate Inc., and The North Bay Parry Sound District Health Unit.
Location details
Site location details
100 Ferguson Street,
225 Oak Street,
345 Oak Street,
North Bay, Ontario
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)
The City of North Bay
200 McIntyre Street East
North Bay,
ON
P1B 8H8
Canada
Decision details
In 2005 the Ministry of the Environment, Conservation and Parks (ministry) issued Certificates of Property Use (CPU) No. #5873-6EJHQR(a), 5873-6EJHQR(b), and 5873-6EJHQR(c), to The Corporation of the City of North Bay (City of North Bay). Each CPU included a legal description of the property and the risk management measures involved as well as a requirement to provide notice of the CPU and register on title a certificate of requirement to provide notice to persons who may acquire an interest in the property.
Since 2005 there have been transfers of some of the lands to other parties who are subject to the provisions of one or more of the CPUs. A letter amending the CPUs has been issued to the parties in order to reflect the current ownership, to provide updates to the property legal descriptions and to update definitions.
A copy of the letter amending the Certificates of Property Use 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.
199 Larch Street
Suite 1201
Sudbury,
ON
P3E 5P9
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from March 12, 2020 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)
The City of North Bay
200 McIntyre Street East
North Bay,
ON
P1B 8H8
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
Peter Wideman
933 Ramsey Lake Rd
4 th Floor
Sudbury,
ON
P3E 6B5
Canada
Original proposal
Proposal details
Description of instrument:
A risk assessment was previously 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 uses. The large area was divided into several areas identified by their intended future uses of residential, parkland, and commercial land use as defined by O. Reg. 153/04 (the "Regulation"), as amended, made under the Environmental Protection Act (the "Act"). Figures showing the various areas are attached to this notice.
The director provided the original proponent, The Corporation of the City of North Bay, with written Notice of the Director’s decision to accept the risk assessment relating to the property in accordance with s.168.5 of the Act on July 22, 2005.
Subsequently, the director issued the following three Certificates of Property Use:
- 5873-6EJHQR (a) (Area 1A Commercial), dated July 22, 2005
- 5873-6EJHQR (b) (Area 1B Parkland), dated August 26, 2005
- 5873-6EJHQR (c) (Area 1C Residential), dated August 26, 2005
The Certificates of Property Use incorporated the risk management measures proposed in the risk assessment and additional conditions proposed by the director.
The Certificates of Property Use are referenced in the Records of Site Condition and a copy of the Certificates of Property Use are attached to this notice.
Marina Point Village has purchased a portion of the Area 1B Parkland property with the intention of extending their residential development into this area. As such Marina Point Village has requested that the director alter the CPUs such that the lands in question are part of Area 1C residential rather than Area 1B Parkland.
The director is considering altering the Certificates of Property Use to reflect the current ownership, to provide updates and to respond to the specific request from Marina Point Village. The proposed amendment and supporting documents are attached to this EBR posting. The draft Certificates of Property Use amendment provides the director’s reasoning for considering the CPU amendment.
Other information:
List of proponents related to this proposal:
The Corporation of the City of North Bay
200 McIntyre Street East
North Bay, ON P1B 8H8
Marina Point Village Real Estate Inc.
130 Elm Street, Suite 201
Sudbury, ON P3C 1T6
The North Bay Parry Sound District Health Unit
345 Oak Street West
North Bay, ON P1B 2T2
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.
199 Larch Street
Suite 1201
Sudbury,
ON
P3E 5P9
Canada
Comment
Commenting is now closed.
This consultation was open from October 3, 2018
to November 17, 2018
Connect with us
Contact
Peter Wideman
933 Ramsey Lake Rd
4 th Floor
Sudbury,
ON
P3E 6B5
Canada
Comments received
Through the registry
0By email
0By mail
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