With respect to section 3.6…

With respect to section 3.6. 5(b) and 5(c) (see below) of the PPS scheduled to come into force on October 20, 2024, under no circumstances should the City of Thunder Bay, or a proponent or applicant seeking approval by the City of Thunder Bay, be permitted to authorize or undertake any developments on partial services under a transition provision or regulation that would contravene the following:
3.6 Sewage, Water and Stormwater
5. Partial services shall only be permitted in the following circumstances:
b) within settlement areas, to allow for infilling and minor rounding out of existing
development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts; or
c) within rural settlement areas where new development will be serviced by individual
on-site water services in combination with municipal sewage services or private
communal sewage services.

The City of Thunder Bay has clearly demonstrated a lack of understanding with respect to the interpretation of the PPS on this matter in the past. Please search the November 4, 2016 Ontario Municipal Board (now known as the Ontario Lands Tribunal, OLT) decision case number PL151009 - PL151009-NOV-04-2016.doc ( Size: 82,944bytes) Description: Ontario Municipal Board Commission ISSUE DATE: November 04, 2016 CASE NO(S).: PL151009 PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Ministry of Municipal Affairs. This case involved proceedings commenced under the Planning Act by the Ministry of Municipal Affairs (“MMA”) regarding the adoption by the City of Thunder Bay (“City”) decision to permit the development of up to 48 partially serviced lots (municipal water and individual on-site sewage services). MMA appealed on the basis that this would be inconsistent with policies 1.6.6.4 and 1.6.6.5 of the Provincial Policy Statement, 2014, that generally prohibits development in settlement areas on partial services. Furthermore, the MMA identified that the proposal for up to 48 lots does not represent infilling or minor rounding out pursuant to PPS policy 1.6.6.5(b). The OLT decided in favour of the MMA and accepted the provinces' expert evidence against the City of Thunder Bay's interpretation.

Despite this direction by BOTH the Ministry of Municipal Affairs and the Ontario Land Tribunal regarding the interpretation of PPS that prohibits development in settlement areas on partial services AND with respect to infilling and minor rounding, the City of Thunder Bay continues to abdicate their responsibilities to uphold provincial direction intended to protect people and the environment.

This can be clearly demonstrated through the example of the City's recent approval of a 69 lot subdivision at 1811 Mountain Road on partial services "City Council (Public Meeting) - Monday, April 11, 2022 (thunderbay.ca)" - See page 20 of 63 on the page, “Planning Services is recommending approval of the proposal, since it is appropriate and will allow for infilling and minor rounding out within the Rural Settlement Area. The Applicant’s request is consistent with the Provincial Policy Statement…” (City of Thunder Bay, 2022). The City's analysis is in clear contravention of previous OLT and MMA direction. The proponent of 1811 Mountain Road has made no progress on the conditions of approval since 2022, and the City has cited their intention to extend their approval of the plan of subdivision in April 2025. This must not be allowed, and should be rejected on the basis was and is inconsistent with the PPS.

The City of Thunder Bay is currently contemplating another plan of subdivision on partial services in clear contravention of the PPS and previous direction provided by MMA and OLT - "Proposed Zoning By-law Amendment and Plan of Subdivision at 2365 15th Side Road - City of Thunder Bay". The proposed plan of subdivision at 2365 15th Side Road must be outright rejected as it is inconsistent with the PPS.

The Thunder Bay District Health Unit has clearly cited their concerns with development proposals on partial services in sensitive areas, but these concerns have failed to be acknowledged by the City of Thunder Bay. "Health unit calls for pause on some rural subdivisions over environmental concerns - TBNewsWatch.com". Development on tributaries that lead to Lake Superior have the potential to exacerbate nutrient loading that is contributing to blue-green algae outbreaks, threatening the City’s drinking water and lake ecosystem.

Plans of subdivision on partial services only seek to benefit the developer, at the expense of the taxpayers, local residents, and the environment. They also do not contribute to Ontario’s goal of increasing affordable housing. The City of Thunder Bay is not acting in the best interest of the Province nor their citizens.

The City of Thunder Bay has demonstrated a pattern of dereliction of responsibility to uphold the intent of the PPS in their planning decisions.

The Province must exercise their authority to oversee orderly development and reject any transition provision that would allow for developments (plans of subdivision that do not constitute infilling or rounding) on partial services in the City of Thunder Bay, which would be in clear contravention of the PPS (2024) and the Planning Act.