This consultation was open from:
April 10, 2024
to May 25, 2024
Decision summary
A Certificate of Property Use was issued to HIP Abstract GP Inc. for the property located at 659 & 667 King Street West, in the City of Kitchener on May 27, 2024.
Location details
Site address
659 & 667 King Street, West
Kitchener,
ON
Canada
Site location details
659 & 667 King St. W., Kitchener
FIRSTLY: PT LT 34-35 PL 377 KITCHENER; PT LT 31 STREETS & LANES KITCHENER PART 1 PLAN 58R2733; KITCHENER; SECONDLY: PT LT 33, 76 PL 377 KITCHENER; PT LT 31 STREETS & LANES KITCHENER PARTS 4, 5 & 6 PLAN 58R3397; CITY OF KITCHENR, Being All of PIN: 22425-0288 (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)
HIP Abstract GP Inc.
74 Grand Avenue South
Cambridge,
ON
N1S 0B7
Canada
Decision details
Certificate of Property Use (CPU) No. 1177-CRNQAB was issued to HIP Abstract GP Inc. and HIP Abstract LP on May 27, 2024, for the intended mixed commercial, community, residential and institutional use of the Property.
The CPU requires the instrument holder to ensure that the following key measures are undertaken:
- Maintaining the existing hard cap barriers and soil cap barriers on the Property 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 (e) of the CPU;
- Prohibiting the use of ground water in on or under the Property as per section 4.2 (h) of the CPU;
- Implementing a soil and ground water management plan during any intrusive activities undertaken on the Property potentially in contact with COCs in soil and ground water that have been identified in the RA at concentrations that exceed the Applicable Site Condition standards as per section 4.2 (i) 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 ground water that have been identified in the RA at concentrations that exceed the applicable site condition standards as specified in section 4.2 (j) of the CPU;
- The preparation of an annual report documenting activities related to the Risk Management Measures undertaken during the previous calendar year as specified in section 4.2 (k) 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.
Effects of consultation
No submissions were received during the public consultation period and no changes were made by the Director prior to finalizing the Certificate of Property Use.
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 June 3, 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)
HIP Abstract GP Inc.
74 Grand Avenue South
Cambridge,
ON
N1S 0B7
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 commercial, community, residential, and institutional use as defined by O. Reg. 153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:
- pre-submission form for 659-667 King Street West, Kitchener, Ontario. Prepared by MTE Consultants Inc. and Chung & Vander Doelen Engineering Ltd., dated March 8, 2022;
- risk assessment for 659-667 King Street West, Kitchener, Ontario. Prepared by MTE Consultants Inc. and Chung & Vander Doelen Engineering Ltd., dated October 17, 2022; and
- revised risk assessment for 659-667 King Street West, Kitchener, Ontario. Prepared by MTE Consultants Inc. and Chung & Vander Doelen Engineering Ltd., dated January 24, 2023.
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. 4752-CCCP99 relating to the property in accordance with section 168.5 of the act on March 13, 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. 1177-CRMQAB 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 April 10, 2024
to May 25, 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