This consultation was open from:
July 18, 2022
to September 1, 2022
Decision summary
Certificate of Property Use No. 1470-CFUHSV was issued to Port Credit West Village Partners Inc. on September 15, 2022 as part of the development plans for the property.
Location details
Site address
70 Mississauga Road South
Mississauga,
ON
L5H 2H3
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)
Port Credit West Village Partners Inc.
40 King Street West
Suite 2700
Toronto,
ON
M5H 3Y2
Canada
Decision details
This Certificate of Property Use (CPU) requires the owner to ensure that the following key measures are undertaken:
- restricting “Agricultural or Other Use” on the property use
- maintaining a barrier to site soils
- constructing only certain buildings on the property to address the soil vapour intrusion pathway
- implementing an indoor air quality monitoring program for certain building types
- restricting movement of soil within proximity to adjacent residential use properties
- restricting the use of ground water for potable purposes
- implementing a health and safety plan
- implementing a soil and ground water management plan
- reporting requirements
- contingency for providing financial assurance
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
In addition to the 45-day ERO posting the following additional public consultation was carried out:
- consultation with the property owner’s Construction Liaison Committee at a meeting held on July 19, 2022:
- the liaison committee consists of various rate payer associations, neighborhood groups, local residents etc.
- following the liaison committee meeting, the presentation materials were circulated by email to all members of the committee
- posting of the ERO proposal notice on the owner’s website with a link to the ERO proposal notice posting
- posting of visible signage at locations on the CPU property with details of the ERO proposal posting including a link to the ERO proposal notice
The following comment was received as a result of the ERO proposal notice:
Q. What happens to the contaminants within the subsurface once they are vented to the outside?
A. The comment relates to one of the vapour intrusion mitigation risk management measures proposed for certain new buildings requiring that air below a building be actively vented through a stack to the outside air to prevent vapours from accumulating and potentially making their way into the building through cracks in the foundation. The discharge of vapours from the air vented through the stacks will require the property owner to obtain a Environmental Compliance Approval to demonstrate that level of contamination does not exceed allowable limits.
No changes were made to the CPU as a result of the above comment however the indoor air target levels for trichloroethylene within Schedule B have been corrected from 2.71-01 µg/m3 (micrograms per cubic metre) to 2.71E-01 µg/m3 for residential/ parkland/ institutional use buildings and from 8.72-01 µg/m3 to 8.72E-01µg/m3 for commercial and community use buildings.
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.
4145 North Service Road
Suite 300
Burlington,
ON
L7L 6A3
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from September 19, 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)
Port Credit West Village Partners Inc.
40 King Street West
Suite 2700
Toronto,
ON
M5H 3Y2
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
Tina Dufresne
4145 North Service Road
Suite 300
Burlington,
ON
L7L 6A3
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 following intended uses: "Residential Use”, “Parkland Use”, “Commercial Use”, “Community Use” and/or “Institutional 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 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 s.168.5 of the Act on June 29, 2022.
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 other 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:
- property use restrictions
- maintaining a barrier to site soils
- building construction restrictions for future buildings on the property to address the soil vapour intrusion pathway
- implementing an indoor air quality monitoring program for certain building types
- restrictions on movement of soil within proximity to adjacent residential use properties
- restrictions on using ground water for potable purposes
- implementing a health and safety plan
- implementing a soil and ground water management plan
- reporting requirements
- contingencies to providing financial assurance
The proposed CPU No. 1470-CFUHSV 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.
4145 North Service Road
Suite 300
Burlington,
ON
L7L 6A3
Canada
Comment
Commenting is now closed.
This consultation was open from July 18, 2022
to September 1, 2022
Connect with us
Contact
Tina Dufresne
4145 North Service Road
Suite 300
Burlington,
ON
L7L 6A3
Canada
Comments received
Through the registry
1By email
0By mail
0