2258003 Ontario Limited - 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
019-7170
Ministry reference number
54-C-227606
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
June 6, 2023 - July 6, 2023 (30 days) Closed
Last updated

This consultation was open from:
June 6, 2023
to July 6, 2023

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on August 17, 2023, the Minister of Municipal Affairs and Housing gave a provisional consent to Application No. 54-C-227606 in respect of land in Maisonville unincorporated township, District of Timiskaming. The last day this decision can be appealed is September 06, 2023.

Location details

Site address

501 Resort Road
Maisonville Unincorporated Township, ON
Canada

Site location details

Lot 11, Concession 1, Maisonville Unincorporated Township, District of Timiskaming, PIN 61218-0329.

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

2258003 Ontario Limited
91 Conrad Court
Timmins, ON
P4N 8S5
Canada

Decision details

Application 54-C-227606 was approved on August 17, 2023 with conditions. This approval will permit the creation of a new lot by severing a piece of land approximately 1.3 hectares in size from PIN 61218-0329 (LT), as well as an easement across a portion of the retained lands making up the private road, in favour of the new lot. The proposed severed land contains a restaurant, motel and associated buildings and structures.

The proposed retained land is irregularly shaped, approximately 4 hectares in size, and has frontage on Sesekinika Lake and would continue to be used for recreational/cottage use. No new buildings or structures are proposed as a result of these applications.

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). No public comments were received or concerns identified. The decision to approve the consent is consistent with the Provincial Policy Statement, this decision will not have a significant impact on the environment.

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 September 06, 2023.

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

  • 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, for each of the severed and retained lots, addressing their use and potential development, including:
  1. the new lot can only be used for the established commercial uses and is not to be used for permanent residential, and no additional units are permitted to be established on the lot.
  2. the retained lot can only be used for seasonal, resource-based recreational uses and are not to be used for permanent residential uses, and no new units are permitted to be established on the lot.
  3. 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,
  4. provisions relating to the enforcement of the Consent Agreement.
  • That prior to final approval, the applicant shall enter into an agreement with TransCanada Pipe Lines Limited (TCPL), to TCPL’s satisfaction, to protect the pipeline crossing the property; and the agreement will be registered on title prior to the reference plan being deposited.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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 (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from August 18, 2023 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

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
Megan Grant
Team Lead

Municipal Services Office - North (Sudbury)
Suite 401, 159 Cedar St
Sudbury, ON
P3E 6A5
Canada

705-564-0120

Proponent(s)

2258003 Ontario Limited
91 Conrad Court
Timmins, ON
P4N 8S5
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-7170
Ministry reference number
54-C-227606

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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Original proposal

ERO number
019-7170
Ministry reference number
54-C-227606
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

June 6, 2023 - July 6, 2023 (30 days)

Proposal details

The application would sever an existing restaurant, motel and associated buildings and structures, from the 25 seasonal cottages with 99-year leases that would to be retained.

The proposed severed lands would be irregularly shaped, approximately 1.3 hectares with frontage onto Sesekinika Lake and would continue to be used for the existing commercial uses. Access would be by easement over the private road known as “Resort Road”, which would remain part of the retained lands.

The proposed retained land would be irregularly shaped, approximately 4 hectares in size, and has frontage on Sesekinika Lake and would continue to be used for recreational/cottage use. Access would be by a private road known as “Resort Road”, which is accessed from Highway 11.

The lands are impacted by an easement in favour of TransCanada Pipeline and the right-of-way for neighbours to access their cottages. No new buildings or structures are proposed as a result of this application.

The application will be reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). Public comments received or concerns identified will be considered in the review to determine whether the application is consistent with the Provincial Policy Statement and whether it would have any significant impact on the environment.

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 019-7170.

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.

If a person or public body that wishes to file an appeal in respect of the proposed consent does not submit written comments to the Minister before the Minister gives or refuses to give a provisional consent (e.g., during the public consultation period), the Ontario Land Tribunal may dismiss the appeal. Appeal of a decision of the Minister in respect of this consent may be made by any person or public body not later than 20 days after notice of the decision is given. If you wish to be notified of the decision of the Minister in respect of the proposed consent, you must make a written request to the Minister at the contact address.

As required under the Planning Act, a public notice was published in the New Liskeard Temiskaming Speaker Weekender on Friday, May 26, 2023, in English and French.

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 (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from June 6, 2023
to July 6, 2023

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