Update Announcement
This decision was originally posted on July 7, 2021 and was reposted on February 8, 2023.
This consultation was open from:
February 12, 2021
to March 14, 2021
Decision summary
Pursuant to Section 53 of the Planning Act, this Application for Consent 58-C-213588 was given conditional approval on July 6, 2021 and was amended on February 7, 2023 for the creation of one new resource-based recreational lot in the Unincorporated Township of Conacher, District of Thunder Bay. The last date to appeal decision is February 27, 2023
Location details
Site location details
Legal description of land described as PIN 62315-0176 (LT), TB 2385, in the Unincorporated Township of Conacher, District of Thunder Bay. The subject lands are on Stewart Bay, Lower Shebandowan Lake, accessed by Rudolph Road via Ontario Highway 11, and are approximately 50 kilometers northwest of the City of Thunder Bay municipal boundary.
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)
1698293 Ontario Inc. (Ian Bodnar)
200 Ridgecrest Road
Thunder Bay,
ON
P7B 7A1
Canada
Decision details
Decision on instrument
On February 7, 2023, major changes are being made to the July 6, 2021 decision as follows:
- The proposed new lot size is amended as per the lot size listed on the registered plan of survey 55R-14963.
- Required easements as specified per registered plan of survey 55R-14963.
- An additional condition is added regarding the order of registration for applications 58-C-213588 and 58-C-219313. 58-C-213588 must be registered first.
- The provisional Consent will now lapse two years from the date of this Notice. The approval can be appealed 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 February 27, 2023.
Non-standard conditions include:
- Notifications for acknowledgement in all Agreements of Purchase and Sale, or alternatively, an acknowledgement by the transferor and transferees if the transaction is between family members, on standard Ministry and partner Ministry guidelines and policies including: groundwater quality and quantity, potable water, sewage disposal facilities, noise, and domestic waste.
- That prior to final approval, the applicant shall enter into a Consent Agreement for each new lot with MMAH, to its satisfaction, addressing the use and potential development of the new lot, including the lots can only be used for resource-based recreational uses (including a recreational dwelling) and is not to be used for permanent residential use.
- That prior to final approval, written confirmation is received by this ministry which states that there is adequate capacity to dispose of hauled sewage generated by the severed and retained lands.
- That prior to final approval, this Ministry must receive a letter from the Thunder Bay District Health Unit (TBDHU) which states that each lot has been inspected by the TBDHU and are suitable for the installation of a subsurface sewage system or that the existing systems meet their requirements.
- 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 Lot 1 are appropriate for the proposed lot size upon preparation and review of a site-specific hydrogeological study or shall provide a Monitoring-based Assessment of existing development by a qualified individual, 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.
- That prior to final approval, this Ministry shall receive an application for consent to create an easement for access purposes to the severed and retained lots, or alternatively, an undertaking with the property owner(s) to finalize these easements once draft approved, has been received by this Ministry; or written confirmation is received from the Local Roads Board indicating that the road has been built to their standards and is part of the Shebandowan Village Local Roads Board system.
- That prior to final approval, MMAH must receive written confirmation indicating where garbage disposal will be hauled and deposited.
- That prior to final approval, an archaeological assessment by a licensed archaeologist under the Ontario Heritage Act must be prepared and submitted. Existing structures 40 years or older should also be evaluated for cultural heritage value or interest.
Effects of consultation
On February 26, 2021, one email was received as a result of public notice in the local newspaper. The inquirer asked to obtain the details of the consent, including sketches showing the location of the subject lands. The inquirer was sent a copy of the application form, several sketches provided with the applications, and a description of the consent process. The inquirer, upon review of the details provided, indicated no concerns or objections with the applications, resulting in no impact on the decision on whether to proceed.
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 July 7, 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
1698293 Ontario Inc. (Ian Bodnar)
200 Ridgecrest Road
Thunder Bay,
ON
P7B 7A1
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
Neil MacKay
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Original proposal
Proposal details
Proposal Details
The purpose of the applications is to create two (2) new resource-based recreational lots by severing PIN 62315-0176 (LT) in the geographic township of Conacher, District of Thunder Bay. Application 58-C-213588 proposes to create one (1) resource-based recreational lot of approximately 0.41 hectares with 45 meters of frontage and a depth of 91 meters. The retained lot would be approximately 3.97 hectares with a frontage of 418 meters and a depth of 95 meters.
Three (3) resource-based recreational structures and several out-buildings currently exist on the subject lands. The subject lands are on Stewart Bay, Lower Shebandowan Lake, accessed by Rudolph Road via Ontario Highway 11, and are approximately 50 kilometers northwest of the City of Thunder Bay municipal boundary.
Other Information
During the public consultation period, the government contact may also be reached at 1-800-465-5027, extension 3016, or directly at 1-807-473-3016 or 1-807-630-8442 Canada wide, 8:30 AM to 4:45 PM EST, Monday to Friday). If you have any questions, or would like to submit comments, please do so either online (below), by letter or phone to the contact person listed. Please submit your comment during the 30-day public consultation period and reference the Environmental Registry Number 019-3121. Your personal information may be used in the decision-making process on this proposal and it may be used to contact you if clarification of your comment is required. It may be shared (along with your comment) with other Ontario ministries for use in the decision-making process. Questions about this collection should be directed to the contact listed.
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 February 12, 2021
to March 14, 2021
Connect with us
Contact
Neil MacKay
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comments received
Through the registry
0By email
1By mail
0