Jean Whistler - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Decision on instrument

Application was approved subject to the following conditions:

1. A copy of the application to transfer documents;
2. A schedule to application to transfer on which is set out the entire legal description of the parcel(s) in question. This schedule must also contain the names of the parties indicated on application to transfer; and
3. A copy of the instrument for this transaction upon which an Order from the local Land Registrar appears, exempting this transaction from the requirement to provide a reference plan of survey under subsection 150 of the Land Titles Act or subsection 80 of the Registry Act, or a letter to that effect from the local Land Registrar, or confirmation from a legal professional that the severed and retained lands each have their own registerable legal description
4. Written confirmation from (MTO) is provided, showing that an application for an Entrance Permit, signed by the transferees for each the severed and retained lands, has been submitted and that (MTO) is willing to approve each application.
5. 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 for each new lot with the Ministry of Municipal Affairs and Housing (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 resource-based recreational dwelling) and is not to be used for permanent residential use;
   • Provisions to obtain undertakings from the applicant and/or the applicants lawyer to implement conditions and requirements, including that the Consent Agreement be registered on title in priority to other documents; and
   • Provisions relating to the enforcement of the Consent Agreement.
6. That prior to final approval, written confirmation is received which states that there is adequate capacity to dispose of hauled sewage generated by the severed and retained lands. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, referencing the disposal facility and the related MECP approval, and confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the proposed lots.
7. The Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively an acknowledgement by the transferor and transferees if the transaction is between family members, contains the following clause:
   1. Should wells be considered as drinking water sources, they must be constructed in accordance with Regulation 903 – Wells, under the Ontario Water Resources Act.
   2. The water of Upper Shebandowan Lake should not be used for human consumption unless it is disinfected and/or treated to meet the Ontario Drinking Water Quality Standards, as stipulated in O. Reg. 169/03 of the Safe Drinking Water Act.
   3. Small private sewage disposal facilities which have a daily sewage flow of 10,000 litres or less per day must be certified by the Thunder Bay District Health Unit. Large private sewage disposal facilities which have a daily sewage flow of 10,000 litres, or communal systems, must be approved by the Ministry of the Environment, Conservation and Parks. The Thunder Bay District Health Unit should be contacted for information on the proper installation and operation of Class IV septic systems and Class 1 (pit privy) sewage systems.
   4. Domestic waste must be appropriately handled and disposed of at an approved waste disposal facility.
   5. The use of Best Management Practices for shoreline development is strongly recommended. Best Management Practices such as shoreline naturalization and vegetated buffer strips can reduce the adverse effects of shoreline development on inland lakes. It is recommended that sewage systems be located where native soils are deepest, and at the furthest distance possible from the shoreline.
   6. Other Best Management Practices include maintaining vegetation along the shoreline and elsewhere on the site, appropriate site design (e.g. minimum 30 metre non-development zone adjacent to the shoreline), and construction mitigation. Measures such as avoiding septic starters, pumping out septic tanks every three to five years, and reducing water use also help protect water quality. The attached fact sheet provides further information. Additional resources regarding Best Management Practices are listed in Appendix B of the Lakeshore Capacity Assessment Handbook, 2010, available at: http://www.ontario.ca/environment-and-energy/lakeshore-capacity-assessmenthandbook-protecting-water-quality-inland-lakeshttp://www.ontario.ca/environment-and-energy/lakeshore-capacity-assessmenthandbook-protecting-water-quality-inland-lakes.
   7. Avoid developing next to the shoreline for a minimum of 30 metres (note development has already occurred on both lots well within the 30 m requirement).
   8. Maintain or add vegetation along the shore and around the property
   9. Locate sewage systems as far as possible from the shoreline where native soils are deepest, with any drinking water wells remaining up gradient.
   10. Avoid septic starters, pump the tank out every three to five years and reduce water use.

Other information

The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before October 10, 2019.