1698293 Ontario Inc. (Ian Bodnar) - 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
019-3122
Ministry reference number
58-C-219313
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision Updated
Decision posted
Comment period
February 12, 2021 - March 14, 2021 (30 days) Closed
Last updated

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-219313 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.

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Proponent(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 easement 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.
  • An additional condition is added requiring a hydrogeological study be completed for this application due to a smaller lot size than initially proposed.
  • 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 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.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

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.

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 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


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)

1698293 Ontario Inc. (Ian Bodnar)
200 Ridgecrest Road
Thunder Bay, ON
P7B 7A1
Canada


Appellate body

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


Include the following:

ERO number
019-3122
Ministry reference number
58-C-219313

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.

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Follow this notice

Original proposal

ERO number
019-3122
Ministry reference number
58-C-219313
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

February 12, 2021 - March 14, 2021 (30 days)

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 019-3122. 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.

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 February 12, 2021
to March 14, 2021

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