Chrisview Custom Homes Ltd. - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-0809
Ministry reference number
1512-BCKNE7
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
November 1, 2019 - December 16, 2019 (45 days) Closed
Last updated

This consultation was open from:
November 1, 2019
to December 16, 2019

Decision summary

A Certificate of Property Use was issued to Chrisview Custom Homes Ltd. for the intended residential and commercial use of the property located at 415 Water Street South, Cambridge, Ontario.

Location details

Site address

415 Water Street South
Cambridge, ON
N1R 5S6
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Chrisview Custom Homes Ltd.
1661 Morrison Road
Cambridge, ON
N1R 5S2
Canada

Decision details

Certificate of Property Use (CPU) No. 15123-BCKNE7 was issued to Chrisview Custom Homes Ltd. on January 31, 2020.

The CPU requires the instrument holder to ensure that the following key measures are undertaken:

  • prohibiting the construction of any new building on the Property that is to be located in the building footprint of the existing heritage house specified in Section 4.2 (a) of the CPU
  • restricting modifications to the existing heritage house as specified in Section 4.2 (b) of the CPU
  • implementing a soil management plan during any intrusive activities undertaken on the Property potentially in contact with COCs in soil that have been identified in the Risk Assessment at concentrations that exceed the applicable site condition standards as per Section 4.2 (g) of the CPU
  • implementing a health and safety plan during any intrusive activities undertaken on the Property potentially in contact with COCs in soil and groundwater that have been identified in the Risk Assessment at concentrations that exceed the applicable site condition standards as specified in Section 4.2 (h) of the CPU
  • registering a certificate of 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 as per Section 4.7 and 4.8 of the CPU

A copy of the final CPU is attached to this notice.

Comments received

Through the registry

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By email

0

By mail

0
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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.

Guelph District Office
Address

1 Stone Road West
Floor 4
Guelph, ON
N1G 4Y2
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from February 6, 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:

  1. prepare your application
  2. provide notice to the minister
  3. 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:

  1. 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
  2. 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
  3. 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:

  1. 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?
  2. 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)

Issuing authority
Amy Shaw
Guelph District Office Manager

Regional Offices - Guelph District Office
Ontario Government Building, 4th Floor
1 Stone Road West
Guelph, ON
N1G 4Y2
Canada

519-826-4258

Proponent(s)

Chrisview Custom Homes Ltd.
1661 Morrison Road
Cambridge, ON
N1R 5S2
Canada


Appellate body

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

About the Environmental Review Tribunal


Include the following:

ERO number
019-0809
Ministry reference number
1512-BCKNE7

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.

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Original proposal

ERO number
019-0809
Ministry reference number
1512-BCKNE7
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

November 1, 2019 - December 16, 2019 (45 days)

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 it's intended “commercial” and "residential” use as defined by Ontario Regulation 153/04.

The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:

  • Risk Assessment, 415 Water Street South, Cambridge, Ontario. Prepared by MTE/GlobalTox for Christian View Homes Inc. dated February 15, 2013.
  • Revised Risk Assessment, 415 Water Street South, Cambridge, Ontario. Prepared by MTE/GlobaTox Consultants Inc. for Christian View Homes Inc. dated March 27, 2015.
  • Email Re: RA1220-11b, 415 Water Street South, Cambridge: Fom Jennifer Kirk, MTE/GlobalTox received by SDB on April 13, 2015.
  • Second Revised Risk Assessment, 415 Water Street, Regional Municipality of Waterloo, Ontario. Prepared by MTE/GlobalTox. for Christian View Homes Inc. dated November 20, 2015.
  • Third Revised Risk Assessment, 415 Water Street, Regional Municipality of Waterloo, Ontario. Prepared by MTE/GlobalTox for Christian View Homes Inc. dated December 1, 2016.
  • Email RE: Risk Assessment for 415 Water Street South, Cambridge; RA1220-11d; IDS# 1365-8PDSLW: From Steve Russell, MTE Consultants Inc., received by TASDB on August 2, 2017.
  • Email Re: Revised Risk Assessment for 415 Water Street, Regional Municipality of Waterloo, ON (RA1220-11d; IDS#1365-8PDSLW): From Steven Marion, MTE Consultants Inc., received by TASDB on August 13, 2018.
  • Email Re: Request for additional information for RA1220-11; 415 Water Street South, Cambridge; IDS#1365-8PDSLW: From Steve Russell, MTE, sent to TASDB on December 20, 2018.
  • Email RE: Request for additional information for RA1220-11; 415 Water Street South, Cambridge; IDS#1365-8PDSLW: From Steve Russell, MTE, sent to TASDB on March 6, 2019.

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, Ontario Regulation 153/04, and the associated guidance documents.

The director provided the proponent with written Notice of the Director’s Decision to accept the risk assessment No. 1365-8PDSLW relating to the property in accordance with s. 168.5 of the act on April 18 2019.

The Director is considering the issuance of a Certificate of Property Use in relation to the site. The proposed Certificate of Property Use incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The proposed Certificate of Property Use No. 1512-BCKNE7 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.

Guelph District Office
Address

1 Stone Road West
Floor 4
Guelph, ON
N1G 4Y2
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from November 1, 2019
to December 16, 2019

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