Ernest Joseph Burns & Mary Marlene Burns - New - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Instrument type: New - Approval for a consent (subject to conditions) in an area where there is no official plan in place

ERO number
026-0406
Ministry reference number
60-C-251536
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 23, 2026 - August 22, 2026 (30 days) Closed
Last updated

This consultation was open from:
July 23, 2026
to August 22, 2026

Decision summary

Application 60-C-251536 was approved on September 25, 2026, subject to conditions. The approved consent will allow two neighboring property owners to correct a 10m2 building encroachment. The last date to appeal the decision under the Planning Act is October 15, 2026.

Location details

Site address

ON
Canada

Site location details

The subject lands are accessed via a shared entrance on Highway 596, approximately 8km away from the northwest boundary of the City of Kenora.

Legal Address: PIN 42151-0177; Parcel 41513, Part of Lot 10, Con 4, Unincorporated Township of Pellatt; District of Kenora. 

Site location map

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

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Proponent(s)

Ernest Joseph Burns & Mary Marlene Burns
c/o Scott Lockhart, 3 Birchwood Place
Kenora, ON
P9N 4K7
Canada

Decision details

The application for consent was draft approved on September 25, 2026 subject to conditions.

The decision to approve the consent is consistent with the Provincial Planning Statement and will not have a significant impact on the environment. No public comments were received.

Approval is subject to standard conditions related to finalization and an additional condition related to the provision of transportation systems that are safe and are appropriate to address projected needs. This condition is:

  • That prior to final approval, the respective owners of PIN 42151-0177 and 42151-0178 acquire a valid MTO permit for the shared entrance and provide proof of the valid permit to MMAH

The applicant has 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 October 15, 2026.

Comments received

Through the registry

0

By email

0

By mail

0

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 September 25, 2026 to begin the appeal process.

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

How to appealClick to Expand Accordion

This instrument decision can be appealed under the Planning Act and the Environmental Bill of Rights.

Start the process to appeal

Appeal Rights under the Planning Act

You can appeal all or part of this instrument to the appeal to the Ontario Land Tribunal (OLT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing. You have 20 days to begin the appeal process.

Who can appeal

Other than the applicant, only a "specified person" or "public body", as defined in s. 1(1) of the Planning Act, has the ability to appeal the decision to the Ontario Land Tribunal.

Notice of appeal

Your notice of appeal must include:

  • 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 Ontario Land 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.

AND

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
Sean Fraser
Assistant Deputy Minister

Municipal Services Division
777 Bay Street
Toronto, ON
M7A 2J3
Canada

416-325-5799

Proponent(s)

Ernest Joseph Burns & Mary Marlene Burns
c/o Scott Lockhart, 3 Birchwood Place
Kenora, ON
P9N 4K7
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

There is an additional “leave to appeal” right under the Environmental Bill of Rights. This appeal must be commenced within 15 days of the notice of decision being posted on the Environmental Registry (ero.ontario.ca). For more information about this appeal method, refer to the Environmental Bill of Rights, 1993, or https://www.ontario.ca/page/environmental-bill-rights.


Include the following:

ERO number
026-0406
Ministry reference number
60-C-251536

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

Nathan Li

Email address
Office
Municipal Services Office North (Thunder Bay)
Address

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

Office phone number

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Original proposal

ERO number
026-0406
Ministry reference number
60-C-251536
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

July 23, 2026 - August 22, 2026 (30 days)

Proposal details

The purpose of this formal application is to sever an approximately 10m2 of land, with an estimated depth of 13.6m and a frontage of 2.5m, from PIN 42151-0177 (retained lot) to PIN 42151-0178 (lot addition) for the purposes of resolving a building encroachment. 

The retained lot has an area of 2.71ha, a frontage of 156m, and a depth of 200m. The lot addition has a frontage of greater than 1000m, a depth of 400m, and an area of 9.3ha. The retained lands are developed with a permanent residence, while the lot addition and severed lands contain a boathouse and a resource-based recreational cottage. Both properties are privately serviced with septic and water from Muriel Lake. 

The effect of this application will be to correct a building encroachment. In addition, the mortgage on the subject lands will be partially discharged. 

During the public consultation period, the government contact may also be reached at 1-807-631-4954 8:30 AM to 4:45 PM Eastern Standard Time, Monday to Friday. 

Pursuant to 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 23, 2026
to August 22, 2026

Connect with us

Contact

Nathan Li

Email address
Office
Municipal Services Office North (Thunder Bay)
Address

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

Office phone number