This consultation was open from:
March 30, 2020
to May 14, 2020
Decision summary
A Certificate of Property Use was issued to Charles Place Holdings Inc. for the intended mixed use of the property located at 669 Charles Street East, 63 & 69 Sydney Street South and 48 Preston Street in the City of Kitchener.
Location details
Site address
63 & 67 Sydney St. South
669 Charles Street East and 48 Preston Street
Kitchener,
ON
N2G 2R6
Canada
Site location details
63 Sydney Street, South: With a Legal Description of:
Lot 90-94, Plan 251, Kitchener, Part Park Lot 25, Plan 404 Kitchener as in 499230, 269791 and A115750; Kitchener, Being all of PIN: 22578-0084 (LT)
69 Sydney Street, South: With a Legal Description of:
Part Maurice Street, Plan 251, Kitchener, Closed by 1276966, Parts 3 and 4, 58R3297; subject to and together with 1285676; City of Kitchener, Being all of PIN: 22578-0187 (LT)
669 Charles Street East: With a Legal Description of:
- Lot 93 Streets and Lanes Kitchener (being Part Lane Plan 251 Closed by A106406); Lot 65–74, 76, 78-89, 95 and 99 Plan 251 Kitchener; Part Lot 96-98 Plan 251 Kitchener; Part Park Lot 25, Plan 404 Kitchener as in 493160, 386307, 338307, 337806, 338309; City of Kitchener, Being all of PIN: 22578-0074 (LT), and
- Lot 75, Plan 251 Kitchener, City of Kitchener, Being all of PIN: 22578-0075 (LT); and,
- Part Maurice Street, Plan 251 Kitchener, Closed by 1276966, Parts 1 and 2, 58R3297; subject to and together with 1285675; City of Kitchener, Being all of PIN: 22578-0186 (LT)
48 Preston Street: With a Legal Description of:
Part Park Lot 25, Plan 404 Kitchener, Part 1, 58R4135; Kitchener, Being all of PIN: 22578-0082 (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)
Charles Place Holdings Inc.
5 Hill Street
Kitchener,
ON
N2H 5T4
Canada
Decision details
Certificate of Property Use (CPU) No. 7354-BMDSEM was issued to Charles Place Holdings Inc. on May 15, 2020.
The CPU requires the instrument holder to ensure that the following key measures are undertaken:
- maintaining the existing barriers and installing, inspecting and maintaining any new hard cap, soil cap and or shallow soil cap barriers on the area of the property as per Section 4.2 (a), 4.2 (c) 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 contaminants of concern (COCs) in soil and groundwater that have been identified in the risk assessment (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 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
- 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 4.2 (r) 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
Please note that the property identification numbers (PINs) were updated at the land registry office during the course of the public consultation period however there was no change to the legal property descriptions. As a result, the CPU was updated to include the new PINs. No other changes were made by the director prior to finalizing 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)
Charles Place Holdings Inc.
5 Hill Street
Kitchener,
ON
N2H 5T4
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
- identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of mixed commercial and/or community and residential use and/or institutional use 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 for 669 Charles Street East, 63 and 69 Sydney Street South and 48 Preston Street, Kitchener, Ontario. Prepared by GHD Limited, dated October 18, 2018.
- Risk Assessment Report for 669 Charles Street East, 63 and 69 Sydney Street South and 48 Preston Street, Kitchener, Ontario. Prepared by GHD Limited, dated April 17, 2019.
- Email RE: Request for additional information for 63 and 69 Sydney Street South and 669 Charles Street East, and 48 Preston Street, Kitchener; RA1652-17b; IDS#2204-AUGJ8T. From April Gowing, GHD Limited, received by TASDB on September 23, 2019, with the following document attached:
- 081329-RPT-10-Risk_Assessment-Charles_Place_Holdings_Inc.
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. 2204-AUGJ8T relating to the property in accordance with s. 168.5 of the act on January 17, 2020.
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:
(a) are submitted in writing
(b) reference both the ERO Registry Number and the ministry Instrument Reference
(c) 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 30, 2020
to May 14, 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