This consultation was open from:
April 11, 2022
to May 26, 2022
Decision summary
Certificate of Property Use No. 5473-CCDM4N for 425 Rea Street South, Timmins, was issued to UCANCO General Partners Inc., the general partner for Canure Limited Partnership as part of their development plans for the site.
Location details
Site address
425 Rea Street South
Timmins,
ON
P4N 3S4
Canada
Site location details
425 Rea Street South, Timmins, Ontario, P4N 3S4 with a legal description as set out below:
PART OF LOT 1, CONCESSION 2, GEOGRAPHIC TOWNSHIP OF
MOUNTJOY, CITY OF TIMMINS, DISTRICT OF COCHRANE
Being all of Property Identification Number (PIN) 65422-0982 (LT)
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., the general partner for Canure Limited Partnership
1500, 222 3rd Avenue SW
Calgary,
AB
T2P 0B4
Canada
Decision details
Certificate of Property Use (CPU) No. 5473-CCDM4N was issued and requires the owner to ensure that the following key measures are undertaken.
The proposed risk management measures include:
- Hard Cap Barrier or Fill Cap Barrier
- prohibiting deep rooting vegetation
- restricting future property use (i.e. no sensitive property uses allowed)
- preparing and implementing a soil and groundwater management plan
- preparing and implementing a health and safety plan
- demolition of existing buildings
- soil vapour mitigation systems for all new buildings
- soil vapour monitoring and inspection
- maintenance and contingency actions should trigger criteria be exceeded
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
There were no comments received as a result of the consultation.
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.
191 Booth Road
Unit 16 & 17
North Bay,
ON
P1A 4K3
Canada
Ontario Government Complex
5520 Hwy 101 E, PO Bag 3080
South Porcupine,
ON
P0N 1H0
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from November 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
Start the process to appeal
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., the general partner for Canure Limited Partnership
1500, 222 3rd Avenue SW
Calgary,
AB
T2P 0B4
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
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
Simon Haslam
191 Booth Road
Unit 16 & 17
North Bay,
ON
P1A 4K3
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: “Commercial Use” and “Industrial Use” as defined by Ontario Regulation 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 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 director provided the proponent with written Notice of the Director’s Decision to accept the risk assessment relating to the property in accordance with section 168.5 of the Act.
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 section 168.5 of the Act on April 12, 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:
- Hard Cap Barrier or Fill Cap Barrier
- prohibiting deep rooting vegetation
- restricting future property use (i.e. no sensitive property uses allowed)
- preparing and implementing a soil and groundwater management plan
- preparing and implementing a health and safety plan
- demolition of existing buildings
- soil vapour mitigation systems for all new buildings
- soil vapour monitoring and inspection
- maintenance and contingency actions should trigger criteria be exceeded
The draft CPU No. 5473-CCDM4N, 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 April 11, 2022
to May 26, 2022
Connect with us
Contact
Simon Haslam
191 Booth Road
Unit 16 & 17
North Bay,
ON
P1A 4K3
Canada
Comments received
Through the registry
0By email
0By mail
0