Estate of Sandra Nelson - New - Approval for a consent (subject to conditions) in an area where there is no official plan in place

On May 13, 2025 application No. 54-C-196926 was approved, with conditions.  The approval will permit the transfer of a 7.5-hectare lot on Kenogami Lake. The application is to separate an existing seasonal cottage on the severed lot from a permanent residence on the retained 8.6 hectare property.  

The application was reviewed for consistency with the environmental policies of the Provincial Planning Statement 2024 (e.g., natural heritage, water quality protection). One public comment was received, and no concerns were identified. The decision to approve the consent is consistent with the Provincial Planning Statement and will not have a significant impact on the environment.

The approval can be appealed by a specified person or public body, as defined in s.1(1) of the Planning Act, using the procedure outlined below. Notice to appeal the decision to the Ontario Land Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before June 2, 2025.

The applicant has two (2) years to satisfy conditions, otherwise the approval will lapse.
Non-standard conditions include: 

1. That prior to final approval, the applicant provide either:

• The written opinion of a solicitor that Boland Road does not result in a natural severance of the subject lands; or
• Proof that the sections of each of the severed and retained parcels to the north of Boland Road will not be separately conveyed from their corresponding portions to the south of Boland Road in future through an executed undertaking to this ministry, to:
  • Apply to the Director of Titles for an entry to be made on the register that no transfer shall be made or charge created with respect to the lands unless the consent of the Manager, Community Planning and Development, Municipal Services Office North, Ministry of Municipal Affairs and Housing is given to the transfer or the creation of a charge.
  • Provide to the Ministry proof that the entry mentioned above has been made.

2. That prior to final approval, and pursuant to subsections 53(12) and 51(25) and 51(26) or (27) of the Planning Act, the applicant shall enter into a Consent Agreement with the Ministry of Municipal Affairs and Housing, to its satisfaction, addressing the use and potential development of the new lot, including:

• the new lot can only be used for resource-based recreational uses and is not to be used for permanent residential or commercial use;
• provisions to obtain undertakings from the applicant and/or the applicant’s lawyer to implement conditions and requirements, including that the Consent Agreement be registered on title in priority to other documents; and,
• provisions relating to the enforcement of the Consent Agreement.

3. That prior to final approval, the Ministry must be advised in writing by Timiskaming Public Health regarding the suitability of the severed and retained lots for new sewage systems, in the event that the existing systems require replacement. The health unit should confirm that the existing septic systems were installed with valid permits and that they meet required clearance distances (as per Ontario regulations 358 and 903, and the Building Code) to the proposed lot lines. 

4. That prior to final approval, the Ministry must be advised in a letter from a holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, referencing the name and location of the facility and the ECA, and confirming that the facility has sufficient reserve capacity to accept hauled sewage from both the severed and retained lots.