This consultation was open from:
July 19, 2019
to August 18, 2019
Decision summary
Pursuant to Section 53 of the Planning Act, provisional consent was granted in respect of Application 60-C-192079 for the creation of one (1) new water access resource-based recreational lot for land described as PIN 42150-1016, Pcl 5131, Loc G1503, on Hay Island, Lake of the Woods, Unincorporated Territory, District of Kenora.
Location details
Site location details
Legal description of land described as PIN 42150-1016, Pcl 5131, Loc G1503, Hay Island, Lake of the Woods, Unincorporated Territory, District of Kenora. The subject lands are water access only, located on the Lake of the Woods, approximately 11.6 kilometres south of the City of Kenora municipal boundary.
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 windowProponent(s)
Michael Neniska
1640 Pine Portage Road
Kenora,
ON
P9N 4H2
Canada
Decision details
Decision on instrument
60-C-192079 was approved on October 9, 2019. Conditions were added. Applicants have one (1) year to satisfy conditions otherwise approval will lapse.
Non-standard conditions include:
- that prior to final approval, a flowage easement to elevation 324.6 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928) is required to be registered on the severed and retained lands provided it does not already exist
- 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: shoreline Best Management Practices, groundwater quality and quantity, waste disposal
- that prior to this ministry executing final transfer documents, the conditions of Lot 1 (Ministry File No. 60-C-193577), Lot 2 (Ministry File No. 60-C-191610), Lot 3 (Ministry File No. 60-C-192079) Lot 4 (Ministry File No. 60-C-193020) shall be fulfilled to the satisfaction of this ministry
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 29, 2019.
Effects of consultation
No comments were received, resulting in no impact on the decision on whether or not 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.
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
How to Appeal
This instrument decision can be appealed. You have 20 days from October 9, 2019 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
Michael Neniska
1640 Pine Portage Road
Kenora,
ON
P9N 4H2
Canada
Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
Include the following:
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
Neil MacKay
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Original proposal
Proposal details
Description of instrument
This proposal, MMAH File #60-C-192079, will create one (1) new resource-based recreational water access lot for separate ownership purposes. The full proposal consists of four (4) applications, 60-C-191610, 60-C-192079, 60-C-193020 & 60-C-193577, which will create four (4) new lots plus the retained.
The proposed severed lot would be approximately 1.22 hectares with 56.0 metres of frontage and a depth of 202.0 metres. The proposed retained lot would be approximately 1.23 hectares with 54.0 metres of frontage and a depth of 72.0 metres. There is currently one (1) resource-based dwelling/structure located on both the proposed severed and retained lot.
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 (Canada wide, 8:30 A.M. to 4:45 P.M.EST, Monday to Friday).
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.
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comment
Commenting is now closed.
This consultation was open from July 19, 2019
to August 18, 2019
Connect with us
Contact
Neil MacKay
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comments received
Through the registry
0By email
0By mail
0