Update Announcement
This Application for Consent was given conditional approval on January 21, 2020, was extended to April 27, 2021 due to O. Reg 149/20 (COVID-19), and further amended on April 26, 2021. A new condition was added. The provisional Consent will now lapse April 26, 2022.
This consultation was open from:
October 25, 2019
to November 24, 2019
Decision summary
59-C-185458 was amended on April 26, 2021. A new condition was added. Applicants have one (1) year to satisfy conditions otherwise approval will lapse. The last day to appeal this decision under the Planning Act is May 17, 2021.
Location details
Site address
territory without municipal organization,
ON
Canada
Site location details
PIN 56066-1408, PIN 56066-3571, PIN 56066-3574, PIN 56066-3578, PIN 56066-3579, PIN 56066-2381, PIN 56066-1233, PIN 56066-1355, PIN 56066-2387, PIN 56066-3569 and PIN 56066-3570 Lobstick Island, Rainy Lake, unsurveyed territory, District of Rainy River.
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)
Earl Vandetti
RR #1, RMB 33
Fort Frances,
ON
P9A 3M2
Canada
Decision details
Decision on instrument
This application 59-C-185458 was approved on January 21, 2020 and was amended on April 26, 2021. The last day to appeal this decision under the Planning Act is May 17, 2021.
A new condition was added for the applicants to develop and comply with an Effectiveness Monitoring and Contingency Plan, to the Ministry of Natural Resources and Forestry’s (MNRF) satisfaction, for the rare aquatic plants that were transplanted; and, to monitor and document the sand spit for erosion for 3 to 5 years post construction.
All other conditions as noted below remain unchanged. The provisional Consent will now lapse April 26, 2022. The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before May 17, 2021.
Application 59-C-185458 was approved subject to the following conditions:
1. A Consent Agreement with (MNRF) to its satisfaction addressing the use and potential development of the lots;
2. Confirmation from (MNRF) of the following:
A Public Lands Act (PLA) Work Permits for the construction of roads and a water crossing has been issued; A PLA O. Reg. 161/17 Agreement for the bridge liability, maintenance, and monitoring has been issued; Confirmation from Hydro One that the road on Crown land can cross the Hydro One Land Use Permit (LUP); An (MNRF) Class Environmental Assessment for Resource Stewardship and Facility Development (disposition) Projects has been completed, which may include further studies/surveys in order to properly evaluate the project; and Indigenous consultation requirements have been met.
3. That (MNRF) are satisfied with the EIS for the natural heritage features, and any proposed mitigations and recommendations;
4. That a permit has been obtained by (MTO) for the construction of the road and bridge per PTHIA;
5. Written confirmation is received from the holder of ECA for an approved septage disposal facility confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the lots.
6. Confirmation is received from MECP that that plans which indicate existing and proposed best management practices to improve and maintain local water quality have been provided and accepted.
7. The Ministry is satisfied that Indigenous rights and interests have been addressed to their satisfaction.
8. The applicant shall provide an undertaking to comply with all the recommended actions as proposed in the Environmental Impact Statement and as approved by (MNRF) and MECP.
9. Acknowledgements are signed by transferor and transferees for, among others, that the use of best management practices for development on shorelines is used; and mitigation measures and best management practices implemented for Species at Risk.
10.Written confirmation of approval (if required) is received under the Navigable Waters Protection Program.
11. Written confirmation of permits issued for projects in and around water involving fish habitat is received by (DFO) if required.
Other information
The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before May 17, 2021.
Effects of consultation
The Ministry received non-ERO written comments from the Mitaanjigamiing First Nation (MFN) indicating the area is within their traditional land use plan and a tobacco offering area, as well as a walleye spawning area in the spring. MFN asked for proof that the areas will not be disrupted or disturbed. As a result, a condition was added for the proponents to satisfy Indigenous rights and interests prior to final approval.
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.
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
How to Appeal
This instrument decision can be appealed. You have 20 days from January 21, 2020 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.
Appeal process for decisions published before June 1, 2021
You can appeal all or part of this this instrument to the appeal to the Local Planning Appeal Tribunal (LPAT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.
There is an additional “leave to appeal” right under the Environmental Bill of Rights.
Who can appeal
A notice of appeal can be submitted by:
- individuals
- corporations
- public bodies
A notice of appeal can’t be submitted by:
- an unincorporated association
- an unincorporated group
You can, however, submit a notice of appeal as a member of the unincorporated association or group.
You have to have made an oral submission at a public meeting or a written submission to the council before the official plan amendment was adopted. Note: this is not required if you are appealing a proposal for provisional consent (no official plan in place).
Notice of appeal
Your notice of appeal must include:
- the specific part, or parts of the official plan amendment that you wish to appeal
- the reasons for your appeal
- the appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario
Note: appeal fees and options for reductions are outlined in the Local Planning Appeal Tribunal’s fee chart.
Mail your notice of appeal
Send your notice of appeal to the Minister of Municipal Affairs and Housing via the ‘issuing authority’ contact listed below.
Send a copy of your notice of appeal to the Minister of Environment, Conservation and Parks. You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park
5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3
Earl Vandetti
RR #1, RMB 33
Fort Frances,
ON
P9A 3M2
Canada
Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
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
Sylvie Oulton
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Original proposal
Proposal details
Description of instrument
The Ministry has received applications for consent for the creation of three (3) easements.
PIN 56066-1408, PIN 56066-3571, PIN 56066-3578, PIN 56066-3579, PIN 56066-2381, PIN 56066-1233, PIN 56066-1355, PIN 56066-2387, PIN 56066-3569 and PIN 56066-3570. The proposed easement is to be 9.14 metres wide, 77.4 metres long and approximately 0.063 hectares.
The purpose of the second (2) application (59-C-194392) is to create an easement with the servient lands being a portion of PIN 56066-3578 and the dominant lands being PIN 56066-1408, PIN 56066-3571, PIN 56066-3579, PIN 56066-2381, PIN 56066-1233, PIN 56066-1355, PIN 56066-2387, PIN 56066-3569 and PIN 56066-3570. The proposed easement is to be 9.14 metres wide, 82.2 metres long and approximately 0.062 hectares.
The purpose of the third (3) application (59-C-185458) is to create an easement with the servient lands being a portion of PIN 56066-3579 and the dominant lands being PIN 56066-1408, PIN 56066-2381, PIN 56066-1233, PIN 56066-1355, PIN 56066-2387, PIN 56066-3569 and PIN 56066-3570. The proposed easement is to be 9.14 metres wide, 87.3 metres long and approximately 0.079 hectares.
The effect of the applications would be to permit in combination with other provincial approvals, the creation of a private road to access the cottage lots on Lobstick Island. The road would start from Ontario Highway 11, travel over a proposed bridge to cross a small portion of Rainy Lake, across three private lots via the easements described above and across a portion of Crown Land before accessing all private lots on Lobstick Island.
The subject lands are on an island known as Lobstick Island in unsurveyed territory in the District of Rainy River and are 12 kilometres from the central area of Fort Frances.
Other Information
During the public consultation period, the government contact may also be reached at 1-800-465-5027, extension 1665, or directly at 1-807-475-1665 (Canada wide, 8:30 AM to 4:45 PM EST, Monday to Friday).)
Other Public Consultation Opportunities
Pursuant to the Planning Act requirements, a public notice will be published in the local paper.
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.
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comment
Commenting is now closed.
This consultation was open from October 25, 2019
to November 24, 2019
Connect with us
Contact
Andrew Carr
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comments received
Through the registry
0By email
0By mail
0