This consultation was open from:
February 9, 2022
to March 26, 2022
Decision summary
We have issued a Certificate of Property Use to MKH Cherryhill Commercial Inc. for their property located 101 Cherryhill Boulevard in the City of London, Ontario.
Location details
Site address
101 Cherryhill Boulevard
London,
ON
N6H 4S4
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)
MKH Cherryhill Commercial Inc.
200-180 Kent Street
Ottawa,
ON
K1P 0B6
Canada
Decision details
On May 2, 2022, we issued Certificate of Property Use (CPU) No. 8615-C88H99 to MKH Cherryhill Commercial Inc., who is the current owner of the property. The CPU requires the owner to implement risk management measures at 101 Cherryhill Boulevard, London, Ontario (property) to prevent or minimize potential exposures to contaminants of concern (CoC) present on the property, including:
- installing, inspecting and maintaining hard cap and fill cap barriers on the property as per Sections 4.2 a) of the attached 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 (RA) at concentrations that exceed the applicable site condition standards for soil as per Section 4.2 b) of the attached CPU
- restriction on building construction as per Section 4.2 d) of the attached CPU
- prepare an annual report documenting activities related to the Risk Management Measures as per Section 4.2 e) of the attached CPU
- prohibiting the use of groundwater in on or under the property as per Section 4.3 of the attached 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 Sections 4.6 and 4.7 of the attached CPU
Effects of consultation
No comments were received.
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.
733 Exeter Road
London,
ON
N6E 1L3
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from June 30, 2022 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)
MKH Cherryhill Commercial Inc.
200-180 Kent Street
Ottawa,
ON
K1P 0B6
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
Todd Fleet
733 Exeter Road
London,
ON
N6E 1L3
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 commercial property use defined by O. Reg.153/04.
Our review of the risk assessment involved the following reports, documents and information/correspondence:
- Risk Assessment Report for 101 Cherryhill Boulevard, London, Ontario report prepared by Brownfield Investment Group Inc., dated June 18, 2018
- Revised Risk Assessment Report for 101 Cherryhill Boulevard, London, Ontario report prepared by Brownfield Investment Group Inc., dated April 18, 2019
- Revised Risk Assessment Report for 101 Cherryhill Boulevard, London, Ontario report prepared by Brownfield Investment Group Inc., dated January 17, 2020
- Revised Risk Assessment Report for 101 Cherryhill Boulevard, London, Ontario, report prepared by Brownfield Investment Group Inc., dated October 23, 2020
- Revised Risk Assessment Report for 101 Cherryhill Boulevard, London, Ontario report prepared by Brownfield Investment Group Inc., April 26, 2021
- “FW: Request for additional information 101 Cherryhill Blvd., London, Ontario, [RA1612-17e]” email from Prem Manicks, Brownfield Investment Group Inc., received by TASDB on July 9, 2021, with the following document attached:
- BIG-ENV-122_Revised RA 101 Cherryhill Blvd_July 9 2021.pdf
- “RE: Request for additional information 101 Cherryhill Blvd., London, Ontario, [RA1612-17e]” email from Prem Manicks, Brownfield Investment Group Inc., received by TASDB on July 27, 2021, with the following document attached:
- App L – certification.pdf
Based on the documents provided to us 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 (the Act),Ontario Regulation 153/04 (the Regulation), and the associated guidance documents. The director provided the proponent with written Notice of the Director’s Decision to accept risk assessment number 0858-AQ9ND5 relating to the property in accordance with section 168.5 of the Act on October 8, 2022.
The director is considering the issuance of a 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 draft CPU number 8615-C88H99 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.
Comment
Commenting is now closed.
This consultation was open from February 9, 2022
to March 26, 2022
Connect with us
Contact
Todd Fleet
733 Exeter Road
London,
ON
N6E 1L3
Canada
Comments received
Through the registry
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