This consultation was open from:
December 12, 2019
to January 26, 2020
Decision summary
Three Certificates of Property Use were issued to NovaCore (83 Elmsdale Drive) Inc. and Aria Towns Inc. for the intended residential and commercial use of the property located at 83 Elmsdale Drive, Kitchener Ontario.
Location details
Site address
83 Elmsdale Drive
Kitchener,
ON
N2E 1H7
Canada
Site location details
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)
NovaCore Inc.
393 Rymal Road West
Suite 405
Hamilton,
ON
L9B 1V2
Canada
Decision details
Certificates of Property Use were issued for 83 Elmsdale Drive, Kitchener on February 7, 2020 that outline a number of Risk Management Measures (RMMs) that must be undertaken on the Property as a result of the Risk Assessment (RA) that was previously accepted by the ministry as follows:
Parcel A – CPU No. 5104-BDFQFE01 - issued to NovoCor (83 Elmsdale Drive) Inc.
For this CPU, a number of RMMs were identified to be required as a result of the RA for the intended residential use of the Property. Briefly, the key RMMs for the Property include, but not limited to, the following:
- installing, inspecting and maintaining any new hard cap and shallow soil cap barriers on the Property as per Section 4.2 (a) and 4.2 (e) of the CPU
- prohibiting the construction of any Building(s) on the Property unless the new Building(s) is constructed as specified in Section 4.2 (f) of the CPU
- implementing a soil and groundwater management plan during any intrusive activities undertaken on the Property potentially in contact with COCs in soil and groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards as per Section 4.2 (p) 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 along with methane gas that have been identified in the RA at concentrations that exceed the applicable site condition standards as specified in Section 4.2 (q) of the CPU
- implementing a sump water monitoring program for any Building(s) on the Property as specified in Section 4.2 (r) of the CPU
- implementing a methane gas monitoring program that includes enclosed spaces, other than Buildings, in addition to the methane barrier wall venting system as specified in Section 4.2 (s) and 4.2 (u) of the CPU
- prohibiting the use of groundwater in on or under the Property as per Section 4.3 of the CPU
- registering a certificate 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 as per Section 4.7 and 4.8 of the CPU
Parcel B – CPU No. 5104-BDFQFE02 - issued to Aria Towns Inc.
Please note that during the public consultation period, Parcel B, was sold by NovaCore (83 Elmsdale Drive) Inc. to Aria Towns Inc. As such, CPU Parcel B was updated accordingly and issued to the new property owner. No other changes to the CPUs were made by the director prior to them being issued on February 7, 2020.
For this CPU, a number of RMMs were identified to be required as a result of the RA for the intended residential and commercial use of the Property. Briefly, the key RMMs for the Property include, but not limited to, the following:
- prohibiting the construction of any Building(s) on the Property unless the new Building(s) is constructed as specified in Section 4.2 (a) of the CPU
- implementing a groundwater management plan during any intrusive activities undertaken on the Property potentially in contact with COCs in groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards as per Section 4.2 (j) of the CPU
- implementing a sump water monitoring program for any Building(s) on the Property as specified in Section 4.2 (k) of the CPU
- implementing a methane gas monitoring program that includes enclosed spaces, other than Buildings, in addition to the methane barrier wall venting system as specified in Section 4.2 (l) and 4.2 (n) of the CPU
- prohibiting the use of groundwater in on or under the Property as per Section 4.3 of the CPU
- registering a certificate 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 as per Section 4.7 and 4.8 of the CPU
Parcel C – CPU No. 5104-BDFQFE03 - issued to NovoCor (83 Elmsdale Drive) Inc.
For this CPU, a number of RMMs were identified to be required as a result of the RA for the intended residential and commercial use of the Property. Briefly, the key RMMs for the Property include, but not limited to, the following:
- installing, inspecting and maintaining any new hard cap and shallow soil cap barriers on the Property as per Section 4.2 (a) and 4.2 (e) of the CPU
- prohibiting the construction of any Building(s) on the Property unless the new Building(s) is constructed as specified in Section 4.2 (f) of the CPU
- implementing a soil and groundwater management plan during any intrusive activities undertaken on the Property potentially in contact with COCs in soil and groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards as per Section 4.2 (o) 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 along with methane gas that have been identified in the RA at concentrations that exceed the applicable site condition standards as specified in Section 4.2 (p) of the CPU
- implementing a sump water monitoring program for any Building(s) on the Property as specified in Section 4.2 (q) of the CPU
- implementing a methane gas monitoring program that includes enclosed spaces, other than Buildings, in addition to the methane barrier wall venting system as specified in Section 4.2 (r) and 4.2 (t) of the CPU
- prohibiting the use of groundwater in on or under the Property as per Section 4.3 of the CPU
- registering a certificate 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 as per Section 4.7 and 4.8 of the 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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from February 10, 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)
NovaCore Inc.
393 Rymal Road West
Suite 405
Hamilton,
ON
L9B 1V2
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
Amy Shaw
1 Stone Road West
Guelph,
ON
N1G 4Y2
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 mixed “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:
- Human Health and Ecological Risk Assessment, 83 Elmsdale Drive, Kitchener, Ontario. Prepared by NovaTox Inc., dated May 2015
- Human Health and Ecological Risk Assessment, 83 Elmsdale Drive, Kitchener, Ontario. Prepared by NovaTox Inc., dated June 2016
- Human Health and Ecological Risk Assessment, 83 Elmsdale Drive, Kitchener, Ontario. Prepared by NovaTox Inc., dated March 28, 2018
- Human Health and Ecological Risk Assessment, 83 Elmsdale Drive, Kitchener, Ontario. Prepared by NovaTox Inc., dated December 2018
- email: request for additional information for 83 Elmsdale Drive, Kitchener, RA1418-14d, IDS#1437-9MVNN3, from Mark Chappel, NovaTox Inc., received by TASDB on May 16, 2019, with the following documents attached:
- 14-214 Addendum RA_83 Elmsdale_14May2019
- Landtek Methane Letter Barrier Letter_18April2019
- 14-214 Mandatory Certifications
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. 1437-9MVNN3 relating to the property in accordance with s. 168.5 of the act on June 5 2019.
The director is considering the issuance of three (3) separate Certificates of Property Use (CPU) in relation to the site. The proposed CPUs incorporate the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The proposed CPU are attached to this notice as follows:
- CPU No. 5401-BDFQFE01 (Parcel A)
- CPU No. 5401-BDFQFE02 (Parcel B)
- CPU No. 5401-BDFQFE03 (Parcel C)
All Comments will be considered as part of the decision-making by the ministry if they:
- are submitted in writing:
- reference both the Environmental Bill of Rights Registry Number and the Ministry Instrument Reference
- are received by the contact person within the specified comment period
No acknowledgement or individual response will be provided to those who comment.
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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
Comment
Commenting is now closed.
This consultation was open from December 12, 2019
to January 26, 2020
Connect with us
Contact
Amy Shaw
1 Stone Road West
Guelph,
ON
N1G 4Y2
Canada
Comments received
Through the registry
0By email
0By mail
0