This consultation was open from:
December 17, 2019
to March 20, 2020
Decision summary
A decision was made to renew Permit to Take Water No. 5445-ATMM95. Permit to Take Water No.1488-BNNQNG was issued to Westbury International (1991) Corporation on May 14, 2020 for golf course irrigation purposes. Water will be taken from one lake and one pond. The permit expires on December 31, 2022.
Location details
Site address
12 Donald Drive
Lot 27, Concession 4
Township of Muskoka Lakes,
ON
Canada
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)
Westbury International (1991) Corporation
P.O. Box 279
Port Carling,
ON
P0B 1J0
Canada
Decision details
A decision was made to renew Permit to Take Water No. Permit To Take Water No. 5445-ATMM95. Permit to Take Water No.1488-BNNQNG was issued to Westbury International (1991) Corporation on May 14, 2020 for golf course irrigation purposes. Water will be taken from one lake and one pond. The permit expires on December 31, 2022.
Source of water: Marion Lake
- purpose of taking: golf course irrigation
- maximum rate per minute (litres): 568
- maximum number of hours of taking per day: 24
- maximum volume per day (litres):408,960
- maximum number of days of taking per year: 214
Source of water: irrigation pond
- purpose of taking: golf course irrigation
- maximum rate per minute (litres): 3,400
- maximum number of hours of taking per day: 12
- maximum volume per day (litres): 1,632,000
- maximum number of days of taking per year: 214
The water taking from Marion Lake shall be undertaken in a manner that satisfies the following additional requirements:
- When the water level in Marion Lake is 15.2 cm (6 inches) or higher above the bottom of the lake's outlet structure (grate), the maximum daily amount of water may be taken from Marion Lake.
- The maximum daily amount of water taken from Marion Lake shall be no more than 136,320 litres when water levels in Marion Lake are between the bottom of the lake's outlet structure (grate) and 15.2 cm above the outlet structure.
- There shall be no water taking from Marion Lake when water level in the lake is at or below the bottom of the lake's outlet structure (grate).
To ensure compliance with the above requirements, the permit holder shall:
- Ensure that the staff gauge is surveyed annually prior to the start of the irrigation season and any necessary repairs and corrections are made. The water levels corresponding to the bottom of the outlet structure and 15.2 cm (6 inches) above the bottom of the outlet structure shall be identified and marked on the staff gauge.
- Supplement the continuous water level monitoring with manual measurements.
- Ensure that during days that water is taken from the lake, water level readings are taken, at a minimum, at the beginning, once during, and at the end of the water taking event for the day.
Effects of consultation
Nine comments were received on the Environmental Registry. The submissions state the water taking from Marion lake causes lake levels to drop to unacceptable levels. The ministry’s review of the application considered the comments and determined water taking from Marion Lake should be reduced as follows:
- Under the previous permit, Westbury was allowed to take the full daily amount of water (408,960 litres per day) without restriction, until lake levels fall 30 cm (about 1 foot) below the bottom of the lake’s outlet structure. If lake levels drop further, the daily amount of permitted taking has been reduced by one third, limiting Westbury to taking a maximum of 275,000 litres per day.
- Under the new permit, no water taking from Marion Lake will be allowed when lake levels are at or below the bottom of the lake’s outlet structure. This is a significant restriction compared to the previous permit, given that lake levels are naturally below the bottom of the outlet for a significant period during the summer months.
- Further, even when water levels in Marion Lake are above the bottom of the outlet structure, the amount of water that Westbury can take is limited to 136,320 litres per day (i.e. one third of the daily maximum amount) until the levels in the lake rise 15.2 cm (6 inches) above the bottom of the outlet. Only then can Westbury take the maximum daily amount.
It is expected Westbury will complete the installation of the intake pipe allowing it to draw irrigation water from a much larger lake (Lake Rosseau) prior to expiry of the 3 year permit.
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.
5775 Yonge Street
Floor 8
Toronto,
ON
M2M 4J1
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from March 16, 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
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)
Westbury International (1991) Corporation
P.O. Box 279
Port Carling,
ON
P0B 1J0
Canada
Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
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
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
This proposal is for a renewal of Permit To Take Water No. 5445-ATMM95 for golf course irrigation purposes. Water will be taken from one (1) lake and one (1) pond. Details of the water taking are as follows:
Source of water: Marion Lake
- purpose of taking: golf course irrigation
- maximum rate per minute (litres): 568
- maximum number of hours of taking per day: 24
- maximum volume per day (litres):408,960
- maximum number of days of taking per year: 214
- period of taking: April 1 to October 31 for 3 years
Source of water: pond
- purpose of taking: golf course irrigation
- maximum rate per minute (litres): 3,400
- maximum number of hours of taking per day: 12
- maximum volume per day (litres): 1,632,000
- maximum number of days of taking per year: 214
- period of taking: April 1 to October 31 for 3 years
More about Permits to Take Water
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.
5775 Yonge Street
Floor 8
Toronto,
ON
M2M 4J1
Canada
Comment
Commenting is now closed.
This consultation was open from December 17, 2019
to March 20, 2020
Connect with us
Contact
Permit to take water coordinator (Central region)
5775 Yonge Street
Floor 8
Toronto,
ON
M2M 4J1
Canada
Comments received
Through the registry
9By email
0By mail
0