This consultation was open from:
November 21, 2023
to January 5, 2024
Decision summary
A Certificate of Property Use was issued to Wilsdale Warehousing Inc. for the property located at 95 John Street, Orangeville on January 15, 2024.
Location details
Site address
95 John Street
Orangeville,
ON
Canada
Site location details
95 John Street, Orangeville, Ontario
With a Legal Description of:
PT BLK A, PL 50, AN IN MF73326; ORANGEVILLE, S/T EASE IN LTD17073, LTD17087
Being All of PIN: 34017-0164 (LOT)
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)
Wilsdale Warehousing Inc.
95 John Street
Orangeville,
ON
L9W 2R1
Canada
Decision details
Certificate of Property Use (CPU) No. 5346-CQCMZE was issued to Wilsdale Warehousing Inc. on January 15, 2024.
For this CPU, a number of RMMs were identified to be required as a result of the RA for the continued industrial use of the Property. Briefly, the key RMMs for the Property include, but not limited to, the following:
- Maintaining the existing hard cap barriers and soil cap barriers on the portions of the Property as specified in Schedule ‘A’: Figure 2- Areas Requiring Hard Cap and Fill Cap Barriers (Figure 2), which is attached to and forms part of the CPU, and 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 (a), 4.2 (b), 4.2 (c) and 4.2 (d) of the CPU;
- Prohibiting the construction of any new Building (s) on the Property unless the new Building (s) is constructed as specified in Section 4.2 (g) of the CPU;
- Maintaining the conditions of the Existing Building until such time as a new Building is constructed as specified in Section 4.2 (p) of the CPU;
- Implement a routine indoor air quality monitoring program within the Exiting Building as specified in Section 4.2 (s) of the CPU;
- Prohibiting the use of groundwater in on or under the Property as per Section 4.2 (u) 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 (v) of the 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 specified in Section 4.2 (w) of the CPU; and,
- 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 4.5, 4.6 and 4.7 of the CPU.
No changes were made by the Director prior to finalizing the Certificate of Property Use and a copy is attached to this notice.
Effects of consultation
No comments were received by the Ministry as a result fo the consultation process and no changes were made by the Director.
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 January 18, 2024 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)
Wilsdale Warehousing Inc.
95 John Street
Orangeville,
ON
L9W 2R1
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 mixed-use industrial and commercial, use as defined by O. Reg.153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information/correspondence:
- Tier 3 Risk Assessment, 95 John Street, Orangeville, Ontario. Prepared by Ecometrix Incorporated, dated September 17, 2021
- Email - “RE: Appendices for 95 John Street, Orangeville, Ontario [RA1891-20a]” From Winnie Lee, EcoMetrix, received by TASDB on September 27, 2021 with the following documents:
- 95 John Street RA Appendix F - P2CSM
- 95 John Street RA Appendix G - Remediation Report
- 95 John Street RA Appendix G - Soil Vapour Report
- 95 John Street RA Appendix J – RMP
- 95 John Street RA Appendix K - Legal Documents
- MGRA - 95 Orangeville RA;
- Tier 3 Risk Assessment, 95 John Street, Orangeville, Ontario – Addendum #1. Prepared by Ecometrix Incorporated, dated August 10, 2022
- Tier 3 Risk Assessment, 95 John Street, Orangeville, Ontario – Addendum #2. Prepared by Ecometrix Incorporated, dated December 16, 2022
- Email - “RE: RA1891-20a; IDS Ref. No. 8455-BRCNRU - 95 John Street, Orangeville, Ontario” email from Lara Alves Beese, EcoMetrix received by TASDB on March 28, 2023 with the following document:
- IDS Ref. No. 8455-BRCNRU_QP Change_28March2023
- Email - “RE: RA1891-20a; IDS Ref. No. 8455-BRCNRU - 95 John Street, Orangeville, Ontario” email from Lara Alves Beese, EcoMetrix received by TASDB on April 11, 2023 with the following document
- Appendix A - Mandatory Certification_V2
- IDS Ref. No. 8455-BRCNRU_Cover Letter _16Dec2022_updated
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), O. Reg.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. 8455-BRCNRU is relating to the property in accordance with section 168.5 of the act on April 18, 2023.
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. 5346-CQVMZE 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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
Comment
Commenting is now closed.
This consultation was open from November 21, 2023
to January 5, 2024
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