This consultation was open from:
February 2, 2023
to March 19, 2023
Decision summary
Certificate of Property Use No. 8283-CM9LF6 was issued to Orillia (144 Elgin St.) Ventures Inc. on March 27, 2023, with minor amendments as noted below, as part of the development plans for the property located at 144 Elgin Street in Orillia, Ontario.
Location details
Site address
144 Elgin Street
Orillia,
ON
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)
Orillia (144 Elgin St.) Ventures Inc.
20 Rivermede Road
Suite 204
Vaughan,
ON
L4K 3N3
Canada
Decision details
The Certificate of Property Use requires the owner to ensure that the following key measures are undertaken:
- restrictions regarding building construction on, and the use of, the property
- maintaining a barrier to impacted soils and ground water
- implementation of vapour mitigation systems
- implementation of indoor air/sub-slab monitoring requirements
- implementation of ground water monitoring requirements
- implementation of a soil and ground water management plan
- implementation of a health and safety plan
- reporting requirements
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 Certificate of Property Use must be given to any person who will acquire an interest in the property.
Public consultation on the proposal for this decision was provided for 45 days, from February 2, 2023 to March 19, 2023. As a result of the public consultation on the proposal, the ministry received zero sets of public comments/concerns.
No changes to the Certificate of Property Use were required based on public consultation.
The Certificate of Property Use was amended to clarify the ownership of the property to include the beneficial owners. The legal description of the property was also amended such that it correctly reflects the property in which the Certificate of Property Use applies, including adding Reference Plan 51R-43917 to the description, all as outlined on page 1 of the Certificate of Property Use.
Item 4.11 “Owner Change” of the Certificate of Property use was also amended to clarify when notification is required for the change in ownership for the various parts of the property including tied lands.
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
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.
54 Cedar Pointe Drive
Unit 1201
Barrie,
ON
L4N 5R7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from April 11, 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)
Orillia (144 Elgin St.) Ventures Inc.
20 Rivermede Road
Suite 204
Vaughan,
ON
L4K 3N3
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
Chris Hyde
54 Cedar Pointe Dr
Unit 1201
Barrie,
ON
L4N 5R7
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
- identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of "Residential" 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 on December 7, 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 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 anyway, 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:
- restrictions regarding building construction on, and the use of, the property
- maintaining a barrier to impacted soils and ground water
- implementation of vapour mitigation systems
- indoor air/sub-slab monitoring requirements
- ground water monitoring requirements
- implementing a soil and ground water management plan
- implementing a health and safety plan
- reporting requirements
The proposed Certificate of Property Use Number 8283-CM9LF6, 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.
54 Cedar Pointe Drive
Unit 1201
Barrie,
ON
L4N 5R7
Canada
Comment
Commenting is now closed.
This consultation was open from February 2, 2023
to March 19, 2023
Connect with us
Contact
Chris Hyde
54 Cedar Pointe Dr
Unit 1201
Barrie,
ON
L4N 5R7
Canada
Comments received
Through the registry
0By email
0By mail
0