This consultation was open from:
March 23, 2020
to May 7, 2020
Decision summary
A Certificate of Property Use was issued to the Corporation of the City of Brantford for the intended mixed use of the property located at 22 Mohawk Street, Brantford.
Location details
Site address
22 Mohawk Street
Brantford,
ON
N3S 2W3
Canada
Site location details
With a Legal Description of:
Part Lot 2 Eagles Nest Tract Brantford City as in A82729; S/T A82729; designated as Part 1 on Plan 2R-8363 Brantford City
Being All of PIN: 32102-0002 (LT)
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 Corporation of the City of Brantford
100 Wellington Square
Brantford,
ON
N3T 5R7
Canada
Decision details
Certificate of Property Use (CPU) No. 6862-BECKJE was issued to the Corporation of the City of Brantford on May 11, 2020.
The CPU requires the instrument holder to ensure that the following key measures are undertaken:
- installing, inspecting and maintaining hard cap and fill cap barriers on the property as per Sections 4.2(a) and 4.2(e) of the CPU
- prohibiting the construction of any building (s) on the property unless a soil vapour intrusion assessment is completed and or the new building (s) is constructed with a vapour mitigation system as per Section 4.2(f) of the CPU
- implementing a groundwater control and management plan in the event that any new building (s) constructed on the property are constructed where the basement and/or building foundation intersects the water table as per Section 4.2(q) of the CPU
- implementing a Groundwater Monitoring Program on the property as per Section 4.2(r) of the CPU
- implementing a Soil and Groundwater Management Plan during any intrusive activities undertaken on the property potentially in contact with contaminants of concern (COCs) in soil and groundwater that have been identified in the risk assessment (RA) at concentrations that exceed either the Applicable Site Condition Standards for groundwater or the Target Capping Soil/Alternative Target Capping Soil Concentrations (as determined by a Qualified Person) specified in Table 2A or Table 3A and or residual Nonaqueous Phase Liquid (NAPL) has been observed as per Section 4.2(s) 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 RA at concentrations that exceed either the applicable site Condition Standards for groundwater or the Target Capping Soil/Alternative Target Capping Soil Concentrations (as determined by a Qualified Person) specified Table 2A or Table 3A or residual NAPL as per Section 4.2(t) of the CPU
- appropriately construct and seal any new utility corridors installed on the property as per Section 4.2(u) of the CPU
- prohibiting the construction of building(s) that include a basement or occupied below-grade structures in areas in which NAPL has been identified on the Property as per Section 4.3 of the CPU
- maintaining the integrity of the concrete barrier wall that has been installed on the property as per Section 4.4 of the CPU
- prohibiting the planting of fruit and vegetables for consumption, other than those planted in above ground containers such that they are isolated from the subsurface conditions as per Section 4.5 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 4.9 and 4.10 of the CPU
A copy of the final CPU 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.
How to Appeal
This instrument decision can be appealed. You have 15 days from May 20, 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 Corporation of the City of Brantford
100 Wellington Square
Brantford,
ON
N3T 5R7
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 mixed “residential”, “parkland”, “institutional”, ”commercial”, “industrial” and/or “community” 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 report: 22 Mohawk Street, Brantford, Ontario, Volume 1 and Volume 2. Prepared by CH2M Hill Canada Limited dated August 18, 2017
- revised risk assessment report for 22 Mohawk Street. Brantford, Ontario, Volume 1 and Volume 2. Prepared by CH2M Hill Canada Ltd., dated February 14, 2018
- addendum to a revised risk assessment report: 22 Mohawk Street, Brantford, Ontario. Prepared by CH2M Hill Canada Ltd., dated September 28, 2018
- email re: Addenda #2 to report entitled Revised Risk Assessment Report, 22 Mohawk Street, Brantford, Ontario, dated February 14, 2018 (RA: 4171-9HLKB6; TASDB file number: RA1381-14b)”, e-mail from Krista Barfoot, Jacobs, received by TASDB on March 6, 2019, with the following document attached:
- 22Moh_RAErrataLttr_06March2019
Risk assessment report: 22 Mohawk Street. Brantford, Ontario. Prepared by CH2M Hill Canada Ltd., dated 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. 4171-9HLKB6 relating to the property in accordance with s.168.5 of the act on May 24, 2019.
The director is considering the issuance of a Certificate of Property Use (CPU) 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 CPU is attached to this notice.
The proposed CPU is available for viewing at the Guelph District Office located at One Stone Road West, 4th Floor, Guelph, Ontario, N1G 4Y2.
All Comments will be considered as part of the decision-making by the ministry if they:
- are submitted in writing
- reference both the ERO 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.
Comment
Commenting is now closed.
This consultation was open from March 23, 2020
to May 7, 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