This consultation was open from:
March 7, 2022
to April 21, 2022
Decision summary
The ministry has proceeded with issuance of the Certificate of Property Use (CPU) related to the property in Thunder Bay. The CPU specifies the risk management measures required for any future proposed development of the property. At this time, the current property owner is not proposing any development or a change in property use.
Location details
Site address
311-104th Avenue, McKellar Island
Thunder Bay,
ON
Canada
Site location details
PT N 14 3/10 acres. Lot 6 Concession F Neebing Additional. Pt part of Lot 6 Concession F being all of the residue of said lot not granted to Adam Oliver et al April 1, 1876. Neebing Additional as in OFW50632, Thunder Bay.
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)
UCANCO General Partners Inc. as General Partner, by and on behalf of Canure Limited Partnership
Suite 1500, 222 3rd Avenue SW
Calgary,
AB
T2P 0B4
Canada
Decision details
The ministry has issued a Certificate of Property Use (CPU) in relation to the property. The CPU incorporates the risk management measures identified in the risk assessment. A Section 197 Order was also included and requires that a certificate be registered on the property title 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 risk management measures include:
- barriers to contaminated soil (hard cap, clean soil cap) across the entire site
- a passive soil vapour intrusion mitigation system for any enclosed structures
- building restrictions (slab on grade construction, no residential occupancy)
- a soil and groundwater management plan
- a health and safety plan
- prohibition on groundwater use
- inspection and maintenance programs
The CPU, including the Section 197 Order, was issued on April 27, 2022.
Effects of consultation
The issuance of the CPU is not deemed to be contentious as adjacent properties are also industrial sites, including a former scrap yard and former bulk petroleum facilities. No comments were received regarding the ministry's intent to issue 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.
435 James Street South
Floor 3, Suite 331B
Thunder Bay,
ON
P7E 6S7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from May 31, 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)
UCANCO General Partners Inc. as General Partner, by and on behalf of Canure Limited Partnership
Suite 1500, 222 3rd Avenue SW
Calgary,
AB
T2P 0B4
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
Alisdair Brown
435 James Street South
3rd Floor, Suite 331B
Thunder Bay,
ON
P7E 6S7
Canada
Original proposal
Proposal details
A risk assessment was undertaken for this property to establish the risks that contaminants identified in the risk assessment may pose to future users, and to identify appropriate risk management measures to be implemented to ensure the property is suitable for the intended use of Industrial Use as defined by O. Reg. 153/04, as amended, made under the Environmental Protection Act.
The ministry has accepted the risk assessment prepared for the owner as part of the development plans for 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 ministry provided the proponent with written decision to accept the risk assessment relating to the property on October 22, 2020.
The ministry is now 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 ministry. A Section 197 Order is also included and requires that a certificate be registered on the property title 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:
- barriers to contaminated soil (hard cap, clean soil cap) across the entire site
- a passive soil vapour intrusion mitigation system for any enclosed structures
- building restrictions (slab on grade construction, no residential occupancy)
- a soil and groundwater management plan
- a health and safety plan
- prohibition on groundwater use
- inspection and maintenance programs
The proposed draft CPU, 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 March 7, 2022
to April 21, 2022
Connect with us
Contact
Alisdair Brown
435 James Street South
3rd Floor, Suite 331B
Thunder Bay,
ON
P7E 6S7
Canada
Comments received
Through the registry
0By email
0By mail
0