Louis Nadin - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Instrument type: Approval for a consent (subject to conditions) in an area where there is no official plan in place

ERO number
019-2976
Ministry reference number
58-C-200250
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
January 13, 2021 - February 12, 2021 (30 days) Closed
Last updated

This consultation was open from:
January 13, 2021
to February 12, 2021

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on April 27, 2021 in respect of application 58-C-200250 to permit the creation of a new lot from PIN 62313-0299 subject to conditions

Location details

Site location details

PIN62313-0299; Munro Point, Lower Shebandowan Lake, Geographic Township of Hagey, District of Thunder Bay.

The subject lands are approximately 91 kilometres west of Thunder By and accessed by Munro Point Road maintained by the Munro Point Local Roads Board over Crown land.

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 window

Proponent(s)

Louis Nadin
101 Fortune St.
Thunder Bay, ON
P7B 6R8
Canada

Norman Nadin
101 Fortune St.
Thunder Bay, ON
P7B 6R8
Canada

Decision details

The Application for Consent File No. 58-C-200250 for the creation of a new lot from PIN 62313-0299 was approved subject to the following conditions:

  1. That this approval applies to permit the creation of one new recreational lot by severing PIN 62313-0299, and to create an easement over the proposed severed lands to access the proposed retained lands, as applied for, in the above noted location in the geographic township of Hagey in the District of Thunder Bay.
  2. That the following documents be provided for the transaction described in Condition 1: A copy of the application to transfer documents; A schedule to application to transfer on which is set out the entire legal description of the parcel(s) in question. This Schedule must also contain the names of the parties indicated on application to transfer; and A reference plan of survey, which bears the Land Registry Office registration number and signature as evidence of its deposit therein, illustrating the parcel(s) to which the consent approval relates.
  3. That prior to final approval, this Ministry must receive written confirmation from the Munro Point Local Roads Board indicating that Munro Point Road is within the board’s jurisdiction, is maintained by the board, and that the board has no concerns with proposed access.
  4. Written confirmation is received from a title searcher or legal counsel that verifies there are no easements currently registered on the title of PIN 62313-0299.
  5. That prior to final approval, this Ministry must receive written confirmation from the Ministry of the Environment, Conservation and Parks (MECP) confirming that site conditions for the severed and retained lot are appropriate for the proposed lot sizes upon preparation and review of a site-specific hydrogeological study or shall provide a Monitoring-based Assessment of existing development by a qualified individual, in accordance with Section 5.6.1a) of the MECP D-5-4 Guidelines to the satisfaction of MECP. The proponent undertakes to complete any recommendations of the site-specific monitoring-based assessment, including but not limited to, any further study required.
  6. That prior to final approval, the Ministry must be advised in writing by the Thunder Bay District Health Unit that each the severed and retained lands have been inspected and are suitable for the installation of a subsurface sewage system, or that existing systems meet their requirements.
  7. That prior to final approval, written confirmation is received which states that there is adequate capacity to dispose of hauled sewage generated by the severed and retained lands. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, referencing the disposal facility and the related Ministry of Environment, Conservation and Parks (MECP) approval, and confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the lots.
  8. This Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively an acknowledgement by the transferor and transferees if the transaction is between family members, contains the following clause:
    1. No assessment has been undertaken for groundwater quality or quantity. Groundwater supplies may not be adequate to support the use of individual private wells, should this source of water be used in future.
    2. Should wells be considered as drinking water sources, they must be constructed in accordance with Regulation 903 - Wells, under the Ontario Water Resources Act.
    3. The water of Lower Shebandowan Lake should not be used for human consumption unless it is disinfected and/or treated to meet the Ontario Drinking Water Quality Standards, as stipulated in O. Reg. 169/03 of the Safe Drinking Water Act.
    4. Small private sewage disposal facilities which have a daily sewage flow of 10,000 litres or less per day must be certified by the Thunder Bay District Health Unit. Large private sewage disposal facilities which have a daily sewage flow of >10,000 litres, or communal systems, must be approved by the Ministry of the Environment, Conservation and Parks. The Thunder Bay District Health Unit should be contacted for information on the proper installation and operation of Class IV septic systems and Class I (pit privy) sewage systems.
    5. Domestic waste must be appropriately handled and disposed of at an approved waste disposal facility.
    6. The use of Best Management Practices for shoreline development is strongly recommended. Best Management Practices such as shoreline naturalization and vegetated buffer strips can reduce the adverse effects of shoreline development on inland lakes. It is recommended that sewage systems be located where native soils are deepest, and at the furthest distance possible from the shoreline.
    7. Other Best Management Practices include maintaining vegetation along the shoreline and elsewhere on the site, appropriate site design (e.g. minimum 30 metre non-development zone adjacent to the shoreline), and construction mitigation. Measures such as avoiding septic starters, pumping out septic tanks every three to five years, and reducing water use also help protect water quality. The attached fact sheet provides further information. Additional resources regarding Best Management Practices are listed in Appendix B of the Lakeshore Capacity Assessment Handbook, 2010, available at: https://www.ontario.ca/document/lakeshore-capacity-assessment-handbook-protecting-water-quality-inland-lakes
  9. That prior to final approval, this Ministry must receive a wildland fire risk assessment, in accordance with the Ministry of Natural Resources and Forestry wildland fire mitigation standards, sufficient to allow MMAH to determine consistency with Section 3.1.8 of the Provincial Policy Statement (PPS).

The last day of appeal is May 17, 2021.

Comments received

Through the registry

0

By email

2

By mail

1
View comments submitted through the registry

Effects of consultation

Public Notice was placed in the Thunder Bay Chronicle Journal on February 5, 2021 pursuant to the requirements of the Planning Act. As a result of public notice, the Ministry received seven (7) phone calls inquiring about the application, provided application materials to two (2) parties and received written comments from three (3) parties. Each of person who provided written comments objected to the proposed severance. The comments provided in addition to comments provided by partner ministry's contributed to conditions 3, 4, 5, & 6

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.

Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from April 27, 2021 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


Issuing authority
Victoria Kosny
Manager

Municipal Services Office North (Thunder Bay)
435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

807-473-3025

Proponent(s)

Louis Nadin
101 Fortune St.
Thunder Bay, ON
P7B 6R8
Canada

Norman Nadin
101 Fortune St.
Thunder Bay, ON
P7B 6R8
Canada


Appellate body

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5


Include the following:

ERO number
019-2976
Ministry reference number
58-C-200250

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

Andrew Carr

Phone number
Office
Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-2976
Ministry reference number
58-C-200250
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

January 13, 2021 - February 12, 2021 (30 days)

Proposal details

The purpose of this application 58-C-200250 is to create a new lot from PIN 62313-0299. The proposed severed lot would be approximately 0.3222 hectares, with 62.30 metres of frontage and a depth of 71.00 metres. The proposed retained lot would be approximately 0.3101 hectares, with 94.20 metres of frontage and a depth of 71.00 metres. The effect of the application is to create a new lot for resource-based recreational use. The construction of a new resource-based recreational dwelling and septic system is proposed for the severed land. No new built form is proposed for the retained lands.

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.

Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from January 13, 2021
to February 12, 2021

Connect with us

Contact

Andrew Carr

Phone number
Office
Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number