1939522 Ontario Limited, - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-5188
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
April 6, 2022 - May 21, 2022 (45 days) Closed
Last updated

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 window

Proponent(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.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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.

Niagara District Office
Address

301 St Paul Street
Floor 9, Suite 15
St Catharines, ON
L2R 7R4
Canada

Office phone number

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:

  1. prepare your application
  2. provide notice to the minister
  3. 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:

  1. 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
  2. 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
  3. 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:

  1. 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?
  2. 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)

Issuing authority
Kim Groombridge
District Manager

Niagara District Office
301 St. Paul St
Garden City Tower, 9th Flr Suite 15
St Catharines, ON
L2R 7R4
Canada

905-704-3914

Proponent(s)

1939522 Ontario Limited,
393 Rymal Road West, Suite 405
Hamilton, ON
L9B 1V2
Canada


Appellate body

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

About the Environmental Review Tribunal


Include the following:

ERO number
019-5188

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

Phone number
Email address
Office
Drinking Water and Environmental Compliance Division - West Central Region Office
Address

301 St Paul Street
Floor 9
St Catharines, ON
L2R 7R4
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
019-5188
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

April 6, 2022 - May 21, 2022 (45 days)

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

Phone number
Email address
Office
Drinking Water and Environmental Compliance Division - West Central Region Office
Address

301 St Paul Street
Floor 9
St Catharines, ON
L2R 7R4
Canada

Office phone number