6887431 Canada Inc. - New - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Application 60-C-246569, to create a new 1.56 hectare waterfront lot to be used for resource-based recreational use, was approved as redlined, subject to conditions. The redlined property boundaries can be viewed as Appendix A to the Notice of Decision attached. The last date to appeal this decision is February 13, 2025.

In addition to standard conditions requiring a survey and transfer documents, conditions include:

1. That prior to final approval, and pursuant to subsections 53(12) and 51(25) and 51(26) or (27) of the Planning Act, the applicants shall enter into a Consent Agreement for the 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:
   1. The lot can only be used for resource-based recreational purposes (including a resource-based recreational dwelling) and is not to be used for permanent residential use;
   2. 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
   3. Provisions relating to the enforcement of the Consent Agreement.
2. That prior to final approval, MMAH receive written confirmation that the archaeological assessment report has been entered into the Ontario Public Register of Archaeological Reports and the report recommends that:
   1. the archaeological assessment of the project area is complete; and
   2. all archaeological sites identified by the assessment are either of no further cultural heritage value or interest (as per Section 48(3) of the OHA) or that mitigation of impacts has been accomplished through excavation or an avoidance and protection strategy. This may include additional provisions to be included in the agreement referenced in condition 3.
3. That prior to final approval, MMAH receive written confirmation that a Record of Site Condition has been filed on the Brownfields Environmental Site Registry, for Lots 1, 2 and 3 as identified on Appendix A. See notes for more information.
4. That prior to final approval, MMAH receive written confirmation that the Crown lease adjacent to the property issued by MNR has been cancelled or amended as appropriate, in accordance with MNR requirements.
5. That prior to final approval, MMAH receive written confirmation that a flowage easement to elevation 324.6 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928), is registered on the severed and retained lands provided a flowage easement or hazard land zone to the level does not already exist. See LWCB Flowage Easement Guide provided with this decision for further information.
6. MMAH 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. No assessment has been undertaken for groundwater quality or quantity. Groundwater supplies may not be adequate to support the use of individual private wells, should this source of water be used in future on the lots.
   2. Should wells be considered as drinking water sources, they must be constructed in accordance with Regulation 903 – Wells, under the Ontario Water Resources Act.
   3. Water from the 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.
   4. Small private sewage disposal facilities which have a daily sewage flow of 10,000 litres or less per day must be certified by the local 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 local 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.
   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. 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-lakes.
   6. Domestic waste must be appropriately handled and disposed of at an approved waste disposal facility.