TBT Engineering 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
019-7194
Ministry reference number
59-C-213279
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
July 6, 2023 - August 5, 2023 (30 days) Closed
Last updated

This consultation was open from:
July 6, 2023
to August 5, 2023

Decision summary

Application 59-C-213279 was approved on November 2, 2023 subject to conditions.  The last date to appeal the decision under the Planning Act is November 22, 2023.

Location details

Site location details

The subject lands are accessed by Government Road and Mine Centre Road via Highway 11.

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 window

Proponent(s)

TBT Engineering Limited
1918 Yonge Street
Thunder Bay, ON
P7E 6T9
Canada

Decision details

The application for consent was draft approved on November 2, 2023 subject to conditions.

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement. No public comments were received, and conditions were added to address partner ministry concerns relating to public health and safety.

No concerns related to fish or wildlife habitat, species at risk, or protected areas were identified in relation to this application. Given the parcels had existing residential development and no new development is proposed, there should no negative impacts to greenspace, and to natural heritage.

Conditions include: a requirement for an inspection of the existing sewage systems by the Northwestern Health Unit indicating the systems are operating satisfactory; a letter from a sewage hauler indicating they have a facility with capacity to haul sewage; an acknowledgement signed by the transferor and transferees if the transaction is between family members, that: 

a) The CN Railway line is located within close proximity (108 m) to the subject lands.  Should further development occur in the future, adverse effects related to noise and vibration should be assessed as set out in the Ministry of the Environment, Conservation and Parks' (MECP) Environmental Noise Guideline NPC-300.  

b) If development that could impact species at risk or their habitat are planned, then the person undertaking those activities will need to determine if an Endangered Species Act (ESA) authorization is required before the activities are undertaken.

c) There is one (1) known or recorded Abandoned Mines Information System (AMIS) sites within 1 km of the subject property.  Based on the information available, Ministry of Mines Rehabilitation Section did not see evidence that any of the abandoned mine hazard features occur on the subject property. However, if a mine hazard is ever suspected on the subject property, MINES should be contacted before any development occurs. 

d)    No further severances will be permitted on the severed and retained parcels.

The applicants have two years to satisfy conditions of draft approval, otherwise approval will lapse. 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 November 22, 2023.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received resulting in no impact on the decision on whether or not to proceed with this proposal.

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 November 2, 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
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)

TBT Engineering Limited
1918 Yonge Street
Thunder Bay, ON
P7E 6T9
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
019-7194
Ministry reference number
59-C-213279

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

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-7194
Ministry reference number
59-C-213279
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

July 6, 2023 - August 5, 2023 (30 days)

Proposal details

The purpose of this application for consent is to sever the subject property in the Unsurveyed Territory (south of Mine Centre), District of Rainy River, for the creation of one (1) new lot for permanent residential use. The proposed severed lot will be approximately 0.98 hectares in size and contains an existing residential dwelling (mobile home with an addition) constructed in 1969, serviced by a sewage septic system and a well. The proposed retained lot will be approximately 1.04 hectares in size and contains a permanent residential dwelling constructed in 1989. The proposed retained lot is serviced by a sewage septic system and well. Permanent and continuous residency was established in 1989. Both proposed lots contain accessory buildings. No new development is being proposed.

The subject lands are located south of Turtle Lake in Unsurveyed Territory (south of Mine Centre), District of Rainy River, approximately 68 kilometres northeast of the Town of Fort Frances municipal boundary. The subject lands are accessed by publicly travelled roads known as Government Road and Mine Centre Road via Highway 11.

Other Information

During the public consultation period, the government contact may also be reached at 1-807-632-1633 8:30 AM to 4:45 PM Eastern Standard Time, Monday to Friday.

Pursuant to the Planning Act requirements, a public notice will be published in a 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 July 6, 2023
to August 5, 2023

Connect with us

Contact

Robert Eady

Phone number
Office
Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number