This consultation was open from:
April 6, 2022
to May 21, 2022
Decision summary
The ministry issued a Certificate of Property Use to 1939522 Ontario Limited on August 5, 2022, outlining the risk management measures as outlined in the risk assessment for the site known as the former Cytec Lands, Parcel C which is part of 4200 Stanley Avenue in Niagara Falls.
Location details
Site address
4200 Stanley Avenue
Niagara Falls,
ON
Canada
Site location details
North of Thorold Stone Road and Stanley Avenue
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)
1939522 Ontario Limited,
393 Rymal Road West, Suite 405
Hamilton,
ON
L9B 1V2
Canada
Decision details
The director issued a Certificate of Property Use (CPU) and a Section 197, EPA Order in relation to the property on August 5, 2022. The CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director.
The Section 197 Order 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
- maintaining a barrier to site soils
- conducting an inspection and maintenance program for ensuring the integrity of the barrier to site soils
- implementing a soil management plan
- the prohibition of the growing of fruits and vegetables on, in or under the property
- the installation of potable groundwater wells on the property is prohibited
- the construction of any buildings with basements in or under the property is prohibited
- reporting requirements
The proposed draft and final CPUs are attached under Additional Information.
Effects of consultation
Public consultation on the proposal for this decision was provided for 45 Days, from April 6, 2022 – May 21, 2022.
There were no public comments provided for the director to consider.
The director decided that there was no need to make any changes to 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.
301 St Paul Street
Floor 9, Suite 15
St Catharines,
ON
L2R 7R4
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from August 9, 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)
1939522 Ontario Limited,
393 Rymal Road West, Suite 405
Hamilton,
ON
L9B 1V2
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
Greg Washuta
301 St Paul Street
Floor 9
St Catharines,
ON
L2R 7R4
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 “Commercial or Industrial 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, 1939522 Ontario Limited, as part of its development plans for the property.
The director provided written Notice of the Director’s Decision to accept the risk assessment No. 5776-BD9RZK relating to the property in accordance with s. 168.5 of the Act on February 8, 2022.
The Section 197 Order 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
- maintaining a barrier to site soils
- conducting an inspection and maintenance program for ensuring the integrity of the barrier to site soils
- implementing a soil management plan
- the prohibition of the growing of fruits and vegetables on, in or under the property
- the installation of potable water wells on the property is prohibited
- the construction of any buildings with basements in or under the property
- reporting requirements
The draft CPU No. 5218-CBGKUH is provided in 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 April 6, 2022
to May 21, 2022
Connect with us
Contact
Greg Washuta
301 St Paul Street
Floor 9
St Catharines,
ON
L2R 7R4
Canada
Comments received
Through the registry
0By email
0By mail
0