This consultation was open from:
June 12, 2023
to July 27, 2023
Decision summary
A Certificate of Property Use was issued to Win-Win Holdings Ltd. and 2484430 Ontario Inc. for the property located at 2786 and 2788 King Street East, and 1401 Weber Street East, Kitchener, on August 4, 2023.
Location details
Site address
2786 & 2788 King Street East, and 1401 Weber Street East
Kitchener,
ON
Canada
Site location details
2786 & 2788 King Street East, and 1401 Weber Street East, Kitchener
With a Legal Description of:
Part Lot 31, Municipal Compiled Plan 958, Lots 9, 10, 19 & Part Lot 20, Reserves “C” and “D”, Part of Sunnyside Avenue (formerly Weber Street (closed by by-law 6638), Part of Lane, Plan 687 (closed by by-law 737-A), City of Kitchener, Regional Municipality of Waterloo
Being All of PIN: 22590-0210 (LT), 22590-0211 (LT), 22590-0243 (LT), and 22590-0257 (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)
Win-Win Holdings
1120 Victoria Street North
Kitchener,
ON
N2B 3T2
Canada
2484430 Ontario Inc.
1120 Victoria Street North
Kitchener,
ON
N2B 3T2
Canada
Decision details
Certificate of Property Use (CPU) No. 4556-CHSR8V was issued to 1291105 Ontario Limited on August 4, 2023.
For this CPU, a number of Risk Management Measures (RMMs) were identified to be required as a result of the RA for the intended mixed commercial, residential, and institutional use of the property. Briefly, the key RMMs for the property include, but not limited to, the following:
- installing, inspecting and maintaining any new hard cap or shallow soil cap barriers on the property or portions of the property as specified Section 4.2 (b), 4.2 (c) and 4.2 (f) of the CPU
- prohibiting the construction of any building(s) on the property unless the new building(s) is constructed as specified in Section 4.2 (g) of the CPU
- implementing and confirmatory indoor air monitoring or sub-slab vapour monitoring program within the existing buildings on the property as per section 4.2 (r) of the CPU;
- implementing a confirmatory groundwater monitoring program on the property as per Section 4.2 (s) of the CPU
- implementing a soil and groundwater management 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 Section 4.2 (u) of the CPU
- prohibiting the use of groundwater in on or under the property as per Section 4.3 of the CPU
- prohibiting the planting of fruit and vegetables for consumption on the property or portions of the property, other than those planted in above ground containers such that they are isolated from the subsurface conditions as per Section 4.4 of the 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 Section 4.7, 4.8 and 4.9 of the CPU
Effects of consultation
Written notice was also provided by the Ministry of the Environment, Conservation and Parks to both the lower and upper tier municipalities.
No comments were received by the Ministry of the Environment, Conservation and Parks during the public consultation process and no changes were made by the Director prior to finalizing the Certificate of Property Use and a copy is attached to 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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from August 4, 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)
Win-Win Holdings
1120 Victoria Street North
Kitchener,
ON
N2B 3T2
Canada
2484430 Ontario Inc.
1120 Victoria Street North
Kitchener,
ON
N2B 3T2
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
Aaron Todd
1 Stone Road West
Guelph,
ON
N1G 4Y2
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 of commercial, residential and institutional use as defined by Ontario Regulation 153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:
- Risk Assessment 2768-2788 King Street East and 1401 Weber Street East, Kitchener, Ontario. Prepared by GHD Limited, dated September 2, 2021.
- Risk Assessment 2768-2788 King Street East and 1401 Weber Street East, Kitchener, Ontario. Prepared by GHD Limited, dated March 15, 2022.
Based on the documents provided to the ministry 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 the risk assessment No. 4525-BY2MLS relating to the property in accordance with section 168.5 of the act on July 11, 2022.
The director is considering the issuance of a Certificate of Property Use (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 Certificate of Property Use (CPU) No. 4556-CHSR8V is attached.
All comments will be considered as part of the decision-making by the ministry if they:
- are submitted in writing
- reference both the ERO Number and the ministry Instrument Reference
- are received by the contact person within the specified comment period
No acknowledgement or individual response will be provided to those who comment.
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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
Comment
Commenting is now closed.
This consultation was open from June 12, 2023
to July 27, 2023
Connect with us
Contact
Aaron Todd
1 Stone Road West
Guelph,
ON
N1G 4Y2
Canada
Comments received
Through the registry
0By email
0By mail
0