This consultation was open from:
March 15, 2019
to April 14, 2019
Decision summary
The ministry issued a Certificate of Property Use to River Realty Development (1976) Inc. on April 16, 2019 outlining the risk management measures as outlined in the risk assessment for the site at 2 North Street in St. Catharines.
Location details
Site address
2 North Street
St. Catherines,
ON
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)
River Realty Development (1976) Inc.
Stn Main
Post Office Box Delivery 576
Niagara Falls,
ON
L2E 6V2
Canada
Decision 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 “Commercial use”, “Industrial use” and/or “Community use” as defined by O. Reg. 153/04, as amended, made under the Environmental Protection Act (the "Act").
The ministry has accepted the risk assessment prepared for the owner, River Realty Development (1976) Inc., as part of its development plans for the property.
The director provided written Notice of the Director’s Decision to accept the risk assessment No. 0503-7PYNVA relating to the property in accordance with s. 168.5 of the Act on October 23, 2018.
The director issued a Certificate of Property Use ("CPU") and a Section 197, EPA Order in relation to the property on April 16, 2019. The CPU incorporates the risk management measures proposed in the risk assessment and 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:
- property use restrictions
- maintaining a barrier to site soils
- conducting an inspection and maintenance program for ensuring the integrity of the barrier to site soils
- implementing a soil ground water and management plan
- no growing of fruits and vegetables on the property
- implementing a health and safety plan
- reporting requirements
A copy of the final Certificate of Property Use (CPU) No. 8733-B5UL2N-B is attached to this notice along with draft CPU.
Public consultation on the proposal for this decision was provided for 30 Days, from March 15, 2019 to April 14, 2019.
As a result of public consultation on the proposal, the ministry received a total of 0 comments:
The director decided that there was no need to make any changes to the CPU other than the following which were made to correct minor errors or update the CPU to current ministry practices:
- item 4.2 (a) (iii) was modified to reflect that shallow rooting plants are allowed to a maximum depth of 0.5 metres not 0.15 metres
- item 4.2 (a) (iii) was modified to reflect that shallow rooting plants are allowed to a maximum depth of 0.5 metres not 0.15 metres
- item 4.2 ( c) was added to restrict the growing of any fruits and vegetables on the property
- minor grammatical errors were corrected
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.
How to Appeal
This instrument decision can be appealed. You have 15 days from April 27, 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)
River Realty Development (1976) Inc.
Stn Main
Post Office Box Delivery 576
Niagara Falls,
ON
L2E 6V2
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
Greg Washuta
301 St Paul Street
Floor 9
St Catharines,
ON
L2R 7R4
Canada
Original proposal
Proposal details
Description of instrument
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 “Commercial use”, “Industrial use” and/or “Community use” as defined by O. Reg. 153/04 (the "Regulation"), as amended, made under the Environmental Protection Act, 1990 (the "Act").
The ministry has accepted the risk assessment prepared for the owner, River Realty Development (1976) Inc., as part of its development plans for the property.
The director provided written Notice of the Director’s Decision to accept the risk assessment No. 0503-7PYNVA relating to the property in accordance with s. 168.5 of the Act on October 23, 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 incorporates the risk management measures proposed in the risk assessment and 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:
- property use restrictions
- maintaining a barrier to site soils
- conducting an inspection and maintenance program for ensuring the integrity of the barrier to site soils
- implementing a soil ground water and management plan
- implementing a health and safety plan
- reporting requirements
The proposed draft CPU No. 8733-B5UL2N-B is attached under Additional Information.
Other public consultation opportunities
In order to fulfill the ministry’s obligations for enhanced public consultation on this Class II instrument proposal, actual notice of the ministry’s proposal will be supplied to political representatives, local municipality and adjacent landowners. This notice will include a reference to the website location of the draft CPU.
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.
Comment
Commenting is now closed.
This consultation was open from March 15, 2019
to April 14, 2019
Connect with us
Contact
Kim Groombridge
301 St Paul Street
Floor 9, Suite 15
St Catharines,
ON
L2R 7R4
Canada
Comments received
Through the registry
0By email
0By mail
0