This consultation was open from:
June 10, 2021
to July 25, 2021
Decision summary
Certificate of Property Use (CPU) No. 7258-BZMKAX was issued to Promed 71 King Inc. as part of the development plans for the property.
Location details
Site address
71 King Street West
Mississauga,
L5B4A2
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)
Promed 71 King Inc.
85 Hanna Avenue
Suite #400
Toronto,
ON
M6K 3S3
Canada
Decision details
Note: The owner of the property was incorrectly identified in the proposal notice as 71 Promed King Inc. The Certificate of Property Use (CPU) was issued to Promed 71 King Inc., the proper name of the registered owner of the property and the name has been corrected in the decision notice.
This CPU requires the owner to ensure that the following key measures are undertaken:
- property use restrictions including the use of ground water at the property and the planting fruit and vegetables for human consumption
- building construction restrictions for future buildings on the property requiring soil vapour control mitigation including an active soil vapour intrusion mitigation system
- building use restriction on existing building, no residential use, or institutional use
- building construction requirement for the parking garage of existing building to meet current building code requirements relating to control of air leakage
- implementing an indoor air quality monitoring program for existing building
- implementing sub-slab vapour monitoring program within any newly constructed buildings
- implementing a ground water monitoring program
- requirement that all underground utilities be constructed in a manner so as to prevent migration of contaminants of concern within the backfilled utility trench
- implementing a soil and ground water management plan
- implementing a health and safety plan
- reporting requirements
- providing financial assurance
A Section 197 Order is included and requires that a certificate be registered on the property title in accordance with Section 197 of the Act and that before dealing with the property in any way, a copy of the CPU must be given to any person who will acquire an interest in the property.
A copy of the final Certificate of Property Use including the Section 197 Order is provided as a link under the supporting materials section of this notice.
Effects of consultation
No comments were received and the Certificate of Property Use was finalized with some minor editorial updates including changes made to Part 9 of the CPU to reflect the recent reorganization from the Environmental Review Tribunal to the Ontario Land Tribunal and to reflect the proper name of the registered owner of the property.
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.
4145 North Service Road
Suite 300
Burlington ,
ON
L7L 6A3
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from August 31, 2021 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)
Promed 71 King Inc.
85 Hanna Avenue
Suite #400
Toronto,
ON
M6K 3S3
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
Loralyn Wild
4145 North Service Road
Suite 300
Burlington,
ON
L7L 6A3
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 Use, Parkland Use and/or Institutional Use as defined by O. Reg. 153/04 (the "Regulation"), as amended, made under the Environmental Protection Act (the "Act").
The ministry has accepted the risk assessment prepared for the owner as part of the continued use of the property.
Based on the documents provided to the ministry as part of the risk assessment reports, the reviewers confirmed that the risk assessment has been conducted in accordance with the Act, 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 relating to the property in accordance with s.168.5 of the Act on March 31, 2021.
The director is considering issuing a Certificate of Property Use ("CPU") in relation to the property. The CPU incorporates the risk management measures proposed in the risk assessment and any additional conditions proposed by the director. A Section 197 Order is included and requires that a certificate be registered on the property title in accordance with section 197 of the Act and that before dealing with the property in any way, a copy of the CPU must be given to any person who will acquire an interest in the property.
The proposed risk management measures include:
- property use restrictions including the use of ground water at the property and the planting fruit and vegetables for human consumption
- building construction restrictions for future buildings on the property requiring soil vapour control mitigation including an active soil vapour intrusion mitigation system
- building use restriction on existing building; no residential use, or institutional use
- building construction requirement for the parking garage of existing building to meet current building dode requirements relating to control of air leakage
- implementing an indoor air quality monitoring program for existing building
- implementing sub-slab vapour monitoring program within any newly constructed buildings
- implementing a ground water monitoring program
- requirement that all underground utilities be constructed in a manner so as to prevent migration of Contaminants of Concern within the backfilled utility trench
- implementing a soil and ground water management plan
- implementing a health and safety plan
- reporting requirements
- providing financial assurance
The proposed draft CPU No. #7258-BZMKAX, including the Section 197 Order, is provided as a link under the Supporting Materials section of 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.
Comment
Commenting is now closed.
This consultation was open from June 10, 2021
to July 25, 2021
Connect with us
Contact
Loralyn Wild
4145 North Service Road
Suite 300
Burlington,
ON
L7L 6A3
Canada
Comments received
Through the registry
0By email
0By mail
0