This consultation was open from:
May 2, 2023
to June 16, 2023
Decision summary
The ministry issued Certificate of Property Use No. 4637-C88HCE on June 21, 2023 to Cherryhill Commercial LP for their property located at 301 Oxford Street West in the City of London, Ontario.
Location details
Site address
301 Oxford Street West,
London,
ON
N6H 4S4
Canada
Site location details
With a legal description as follows:
Part Block "A", Plan 965 & Part Lot 18, Concession 2 London Township, designated as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 on 33R-17870; Part of Blocks "F", "G" and "H", Plan 965, designated as Parts 2, 3, 4, 6, 7, 8, 10, 11 & 12 on 33R-17920; S/T easement over Part 8 on 33R-17870 as in 222514 Misc.; S/T Easement over Part 2 on 33R-17870 and Parts 4, 8 & 12 on 33R-17920 as in 261705; S/T Easement over Part 8 on 33R-17870 as in 268307; S/T Easement over Part 3 on 33R-17870 as in 432333; S/T Easement over Part 4 on 33R-17870 as in 432334; S/T Easement over Parts 5 & 6 on 33R-17870 as in 432335; S/T Easement over Part 7 on 33R-17870 as in 725142; S/T Easement over Parts 2, 6 & 10 on 33R- 17920 as in 261706, City of London
PIN No. 08074-0089 (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)
Cherryhill Commercial GP Inc.
16 Esna Park Drive
Suite 200
Markham,
ON
L3R 5X1
Canada
Decision details
On June 21, 2023, the ministry issued Certificate of Property Use (CPU) No. 4637-C88HCE to Cherryhill Commercial LP, who is the current owner of the property. The CPU requires the owner to implement risk management measures (RMMs) at 301 Oxford Street in the City of London, Ontario (property) to prevent or minimize potential exposures to contaminants of concern (CoCs) present on the property.
The key RMMs specified in Part 4 of the CPU include, but are not limited to:
- installing, inspecting and maintaining hard cap and fill cap barriers on the property as per Sections 4.2 a) of the attached CPU
- implementing a soil management plan during any intrusive activities undertaken on the property potentially in contact with contaminants of concern (CoCs) in soil that have been identified in the RA at concentrations that exceed the applicable site condition standards for soil as per Section 4.2 b) of the attached CPU
- implementing a health and safety plan during any intrusive activities undertaken on the property potentially in contact with CoCs in soil and groundwater that have been identified in the RA at concentrations that exceed the applicable Site Condition Standards as per Item 4.2 d) of this CPU
- restriction on building construction/elements as per Sections 4.2 e) of the attached CPU
- implementing an indoor air quality monitoring program as per Item 4.2 f) of this CPU
- prepare an annual report documenting activities related to the risk management measures as per Section 4.2 g) of the attached CPU
- prohibiting the use of groundwater in on or under the property as per Section 4.3 of the attached CPU
- registering a certificate on the property title in accordance with Section 197 of the Environmental Protection Act and that before dealing with the property in any way, a copy of the CPU is to be given to any person who will acquire an interest in the property as per Sections 4.6 and 4.7 of the attached CPU
Effects of consultation
No comments were received.
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.
733 Exeter Road
London,
ON
N6E 1L3
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from June 23, 2023 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)
Cherryhill Commercial GP Inc.
16 Esna Park Drive
Suite 200
Markham,
ON
L3R 5X1
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
Todd Fleet
733 Exeter Road
London,
ON
N6E 1L3
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 industrial/commercial/community roperty use defined by O. Reg. 153/04.
Our review of the risk assessment involved the following reports, documents and information/correspondence:
- “Risk Assessment, 301 Oxford Street West, London, Ontario”, prepared by Golder Associates Ltd., dated December 2014
- “Risk Assessment, 301 Oxford Street West, London, Ontario”, prepared by Golder Associates Ltd., dated December 2016
- “Risk Assessment, 301 Oxford Street West, London, Ontario”, prepared by Golder Associates Ltd., dated July 9, 2020
- “Risk Assessment, 301 Oxford Street West, London, Ontario”, prepared by Golder Associates Ltd., dated April 2021
Based on the documents provided to us as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted in accordance with the Environmental Protection Act (the Act), Ontario Regulation 153/04 (the Regulation), and the associated guidance documents. The director provided the proponent with written Notice of the Director’s Decision to accept risk assessment number 8451-9JFKYR relating to the property in accordance with section 168.5 of the Act on October 8, 2021.
The director is considering the issuance of a CPU in relation to the site. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The proposed CPU number 4637-C88HCE is attached.
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.
733 Exeter Road
London,
ON
N6E 1L3
Canada
Comment
Commenting is now closed.
This consultation was open from May 2, 2023
to June 16, 2023
Connect with us
Contact
Todd Fleet
733 Exeter Road
London,
ON
N6E 1L3
Canada
Comments received
Through the registry
0By email
0By mail
0