This consultation was open from:
July 3, 2024
to August 17, 2024
Decision summary
Certificate of Property Use (CPU) No. 6621-CY8SHW was issued to the Corporation of the Municipality of Port Hope on October 2, 2024.
Location details
Site address
29 Thomas Street
Port Hope,
ON
Canada
Site location details
T 488-492 PL Smith Estate Port Hope; PT Ross St PL Stewart Port Hope
(Closed by BPH150) as in PH235; Port Hope;
Lane PL Stewart Port Hope Lying Btn Ross St & Gifford St E of PL9; Port Hope;
LT 8-15, 48-52, 54-62 PL 9 Port Hope; LT 486-487 PL Smith Estate Port Hope; Thomas St PL 9 Port Hope Closed By BPH121 Btn Strachan St & N Limit of LT 8 PL 9 Port Hope; PT LT 7 PL 9 Port Hope as in PH4746; PT Town PLot LT 66 PL Stewart Port Hope As In C9457 (Secondly), C9558 (Secondly), PH21779 & PT 4 9R1186 Except PT 1 9R1838 & PT 3 9R2250; S/T PH65738 & PH67343; Port Hope;
THOMAS ST PL 9 PORT HOPE BTN WALTON ST & N LIMIT OF LT 8 PL 9 PORT HOPE; Port Hope;
LT 53 PL 9 Port Hope; Port Hope; and
PT Town PLot LT 59 PL Stewart Port Hope.
being all of:
PIN: 51071-0170 (LT), PIN: 51071-0179 (LT), PIN: 51071-0260 (LT), PIN: 51071-0265 (LT), PIN: 51071-0263 (LT) and PIN: 51071-0267 (R)
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)
Municipality of Port Hope
56 Queen Street
Port Hope,
ON
L1A 3Z9
Canada
Decision details
This Certificate of Property Use (CPU) requires the owner to ensure that the following key measures are undertaken:
- restrict the construction buildings;
- provide a surface cap where there are contaminants of concern;
- install a soil vapour mitigation system in any building constructed on the property;
- develop and implement a soils management plan for any future activities that may involve contact with or exposing property soils that are contaminated with contaminants of concern;
- develop and implement a health and safety plan for any future activities that may involve contact with or exposing property soils that are contaminated with contaminants of concern; and
- restrict the use of groundwater as a potable water supply
The Section 197 Order 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 CPU must be given to any person who will acquire an interest in the property.
A copy of the final Certificate of Property Use and 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.
How to Appeal
This instrument decision can be appealed. You have 15 days from October 2, 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)
Municipality of Port Hope
56 Queen Street
Port Hope,
ON
L1A 3Z9
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
David Bradley
300 Water Street
Floor 2, Robinson Place South Tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
A risk assessment was undertaken for the property at 29 Thomas St., Port Hope, Ontario 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 "parkland" as defined by O. Reg. 153/04.
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)
- the associated guidance documents
The risk assessment (8631-BZCGJ3) for 29 Thomas St., Port Hope, Ontario was accepted by the ministry on July 27, 2023.
The risk management measures required by the CPU include:
- restrictions on the building construction
- providing a surface cap where there are contaminants of concern
- installation of a soil vapour mitigation system in any building constructed on the property
- developing and implementing a soils management plan for any future activities that may involve contact with or exposing property soils that are contaminated with contaminants of concern
- developing and implementing a health and safety plan for any future activities that may involve contact with or exposing property soils that are contaminated with contaminants of concern
- not using the groundwater as a potable water supply
The CPU also requires that a certificate be registered on the property title and that before dealing with the property in any way, a copy of the CPU be given to any person who will acquire an interest in the property.
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.
Comment
Commenting is now closed.
This consultation was open from July 3, 2024
to August 17, 2024
Connect with us
Contact
David Bradley
300 Water Street
Floor 2, Robinson Place South Tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
0By email
0By mail
0