Ron Davies - 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
019-5792
Ministry reference number
60-C-226086
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
August 19, 2022 - September 18, 2022 (30 days) Closed
Last updated

This consultation was open from:
August 19, 2022
to September 18, 2022

Decision summary

Application 60-C-226086 was approved subject to conditions on May 3, 2023. The last date to appeal the decision is May 23, 2023.

Location details

Site address

Minaki, MB
R5K 0M6
Canada

Site location details

The subject lands are located in the unincorporated community of Minaki on the property containing the restaurant and pro-shop buildings associated with the former golf course. The lands are described as PIN 42180-2612 & PIN 42180-2577, Lot 255 Plan of Subdivision M-222.

Site location map

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

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Proponent(s)

Ron Davies
49009 Mun 33 E
Dufresne, ON
P7E 6S7
Canada

Decision details

Application 60-C-226086 was approved subject to the following conditions:

The applicant has two years to satisfy standard conditions of draft approval, otherwise approval will lapse. Conditions include:

  1. That the application to consolidate the parcels be prepared and an undertaking from the person registering the documents shall be required agreeing to register the consolidations once the land transfers have been registered.
  2. That MMAH receive written confirmation from MECP that the Sewage Treatment Plant (STP) has been decommissioned and the ECA which applies to the subject lands has been revoked prior to final approval.
  3. That prior to final approval, the Ministry must be advised by the Northwestern District Health Unit that the severed lands, together with and are suitable for the installation of a subsurface sewage system or that the existing systems meet their requirements.
  4. That prior to final approval, this Ministry is to be provided written confirmation of 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 Ministry of the Environment, Conservation and Parks (MECP) approval, and confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the proposed lots.
  5. That flowage easements to elevation 318.7 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928) be registered on title for PIN 42180-2612 and PIN 42180-2577.
  6. And that an acknowledgement from the transferors and transferees is received confirming general best management practices for development on the lake.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

Letters of objection were received from Wauzhushk Onigum Nation as a result of the ERO posting 019-5792. Further discussions took place to determine potential adverse impacts to Aboriginal and Treaty rights. As this application is technical in nature, does not create any new development rights, and is consistent with the Provincial Policy Statement, the Ministry approved the application.

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.

Thunder Bay District Office
Address

435 James Street South
Floor 3, Suite 331B
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from May 3, 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)

Ron Davies
49009 Mun 33 E
Dufresne, ON
P7E 6S7
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
019-5792
Ministry reference number
60-C-226086

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
019-5792
Ministry reference number
60-C-226086
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

August 19, 2022 - September 18, 2022 (30 days)

Proposal details

The proposed application is to sever 0.088 hectares of shoreline allowance from PIN 42180-2612 to be added to PIN 42180-2577, Lot 255 on Plan M-222. PIN 42180-2612 is a single transferable lot composed of shoreline and road allowances for Plan M-222. Lot 255 is currently 0.436 hectares with 40.2 metres of frontage and 108.4 metres of depth. Lot 255 currently contains a 1064 square foot A-frame building used as a pro-shop for the golf course constructed in 2002. The severed lands (shoreline allowance) are 0.088 hectares with 40.2 metres of frontage and 20.8 metres of depth. The severed lands currently contain a 3000 square foot building constructed in 1987 which was formerly used as a restaurant. Both buildings have been vacant for a number of years but are proposed to be used for seasonal recreational use. The buildings were previously serviced by the communal system which serviced the lodge, but the communal system is being decommissioned and private servicing is proposed. There is also a large dock adjacent to the shoreline to be added to Lot 255 which is proposed to remain.

Lot 255 on Plan M-222, and PIN 42180-2612 were formerly part of the Minaki golf course and a record of site condition for the site has been filed. Sewage service is proposed to be individual onsite sewage systems and water is to be drawn from the Winnipeg River. The lands are typically accessed by Ontario Highway 596, Front Street maintained by the Minaki Local Roads Board and a private road crossing a number of the lots on Plan M-222. Access is proposed by way of water. The lands are approximately 56 kilometres northwest of the City of Kenora.

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.

Thunder Bay District Office
Address

435 James Street South
Floor 3, Suite 331B
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 19, 2022
to September 18, 2022

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