This consultation was open from:
August 27, 2019
to October 11, 2019
Decision summary
We issued Certificate of Property Use No. 6068-BELLDH to Dawn Victoria Homes (Brantford) Ltd. for the property located at 85 Poulette Street in Hamilton.
Location details
Site address
85 Poulette Street
Hamilton,
ON
L8P 1W7
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)
Dawn Victoria Homes (Brantford) Limited
1550 Yorkton Court
Unit 18
Burlington,
ON
L7P 5B7
Canada
Decision details
On November 1, 2019 we issued Certificate of Property Use (CPU) No. 6068-BELLDH to Dawn Victoria Homes (Brantford) Ltd.. The CPU requires the owner to implement risk management measures at 85 Poulette Street (Property) to prevent or minimize potential exposures to contaminants of concern (CoC) on the Property, including:
- the installation of fill caps and hard caps where surface soils impacted with CoC are present
- restrictions on the construction of new building(s) unless the building(s) incorporate soil vapour intrusion mitigation systems
- the monitoring of sub-slab vapour and indoor air quality to ensure that the levels of CoC remain below the levels determined as acceptable by the approved risk assessment
- the implementation of contingency actions should the monitored values exceed any trigger values set out by the CPU
- the development of soil management and health and safety plans to ensure that CoC present on the Property are handled appropriately and safely during intrusive activities on the Property
- inspection, maintenance and reporting requirements to document and ensure that the risk management measures are implemented as set out by the CPU
A certificate is to be registered on the property title in accordance with Section 197 of the Environmental Protection Act and that before dealing with the property in any way, a copy of the CPU is to be given to any person who will acquire an interest in the Property.
Effects of consultation
A comment was received from a member of the public requesting that all precautions be undertaken to ensure the safety of future occupants and visitors to 85 Poulette Street in consideration that the property can be used for residential, parkland and institutional purposes. The commenter also requested that the contaminants present on the property be identified and more information be provided on how these contaminants were assessed to ensure the safety of future occupants and visitors to the property.
The Director has considered this comment and determined that no further changes were required to the draft CPU as a result of the comment and has provided further information regarding the assessments leading to the issuance of this CPU.
A CPU issued under Ontario's Brownfields Regulation is a legal document requiring the owner to undertake risk management measures on a property to address risks from the presence of contaminants of concern. Contaminants of concern are contaminants occurring on the property that are above the ministry's standards and therefore require risk management measures to protect human and ecological receptors. This protection is generally achieved through undertaking environmental site assessments and a risk assessment which determines the contaminants of concern, property specific standards and the appropriate risk management measures to be protective of receptors on and off property. All of these steps were completed for 85 Poulette St. and this CPU places requirements on the owner to implement risk management measures to protect human and ecological receptors. The contaminants of concern for 85 Poulette are identified on the CPU and listed on Tables 1A and 1B which is attached to the CPU. The commenter is encouraged to reach out the ministry's contact for this posting if further information or clarifications are required.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from November 8, 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)
Dawn Victoria Homes (Brantford) Limited
1550 Yorkton Court
Unit 18
Burlington,
ON
L7P 5B7
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
Paul Widmeyer
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
Original proposal
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 and to identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of residential, parkland and institutional defined by O. Reg. 153/04.
Our review of the risk assessment involved the following reports, documents and information /correspondence:
- Risk Assessment, 85 Poulette Street, Hamilton, Ontario”, prepared by AEL Environment, dated July 12, 2018
- Risk Assessment, 85 Poulette Street, Hamilton, Ontario, Addendum 1”, prepared by AEL Environment, dated December 6, 2018
- Risk Assessment, 85 Poulette Street, Hamilton, Ontario, Addendum 2”, report prepared by AEL Environment, dated May 7, 2019
Based on the documents provided to us 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 number 1647-ARG29K relating to the property in accordance with section 168.5 of the Act on July 31, 2019.
The director is considering the issuance of a Certificate of Property Use 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 draft Certificate of Property Use number 6086-BELLDH is attached.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comment
Commenting is now closed.
This consultation was open from August 27, 2019
to October 11, 2019
Connect with us
Contact
Paul Widmeyer
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
1By email
0By mail
0