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O. Reg. 537/95: EXEMPTION - MINISTRY OF NATURAL RESOURCES - MNR-56/2

under Environmental Assessment Act, R.S.O. 1990, c. E.18

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Versions
revoked or spent October 22, 2009
December 20, 1995 October 21, 2009

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 537/95

EXEMPTION — MINISTRY OF NATURAL RESOURCES — MNR-56/2

Historical version for the period December 20, 1995 to October 21, 2009.

No amendments.

This Regulation is made in English only.

Having received a request from the Ministry of Natural Resources that an undertaking, namely:

The activities of,

(a) disposing of Crown land for cottage lots, as specified in Condition 1;

(b) implementing Ministry of Natural Resources Lake Plans specified in Part 2 of Condition 1,

be exempt from the application of the Act pursuant to section 29; and

Having been informed that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

A. The public will be damaged by the delay in disposing of cottage lots which were provided for under the provisions of Exemption Order MNR-52/3, filed as Ontario Regulation 498/89, which has since expired.

B. The Ministry of Natural Resources will be damaged by the loss of capital investment to date, for access roads to cottage subdivisions for which construction has been started but not completed.

C. The public and the Ministry of Natural Resources will be damaged by the loss of potential revenue if lake shore cottage lots, which already have been planned in compliance with Ontario Regulation 498/89, and already have been approved under the Planning Act, are not available for disposition as part of the Government’s Non-Tax Revenue Program.

The undersigned is of the opinion that it is in the public interest to order and orders that the undertaking is exempt from the application of the Act for the following reasons:

A. The cottage lots have all been planned in compliance with Ontario Regulation 498/89.

B. The Ministry of Natural Resources processes Crown land subdivision development plans in accordance with procedures for private land subdivision proposals established under section 50 of the Planning Act.

This exemption is subject to the following terms and conditions:

1. The following activities are those exempt under this exemption order:

PART 1

The disposition of the following lots that have received approval under section 50 of the Planning Act:

Region

District

Lake

No. of Lots

       

Northwestern

Red Lake

Red Lake

3

   

Coli

2

   

Wenesaga

12

 

Dryden

Avery

5

   

Good

3

   

Wabasking

1

   

Laval

1

 

Kenora

Lake of the Woods

4

Northeastern

Wawa

Black Trout

2

   

Catfish

2

 

Blind River

Canoe

21

   

Darrell

2

   

Marshland

1

Northern

Gogama

Mattagami

7

 

Cochrane

Dora

26

   

Indian

1

   

Sand

1

 

Hearst

Hanlan

17

   

Pivabiska

2

   

West Government

3

   

Wicksteed

1

   

Wolverine

7

   

Stoddart

11

 

Kapuskasing

Rufus

30

 

Chapleau

Como

1

   

Kindogan

8

   

Nagasin

41

   

Horwood

54

   

Weshago

1

   

Borden

2

 

Kirkland Lake

Misema

15

   

Mistinikon

30

   

Elmer

16

North Central

Atikokan

Calm

3

 

Geraldton

Lower Twin

28

   

Wabikoba

1

 

Terrace Bay

Waweig

7

 

Nipigon

Obonga

1

 

Thunder Bay

Arrow

1

   

Decourcey

8

   

Dog

1

   

Hicks

15

   

Huronian

3

   

Iron Range

4

   

Mawn

3

   

Max

3

   

McLeish

3

   

Starnes

1

   

Hawkeye

2

   

Windigoostigwan

1

PART 2

Implementation of the Ministry of Natural Resources Lake Plans for the following Lakes, including:

(a) disposing of Crown land for cottage lots; and

(b) any other activities required to receive approval under section 50 of the Planning Act.

Region

District

Lake

No. of Lots

       

Northwestern

Sioux Lookout

Kimmewan

19

Northeastern

Sudbury

Maskinonge

51

Northern

Timmins

Akweskwa

38

 

Kapuskasing

Remi

32

 

Hearst

Banks

5

North Central

Atikokan

Crooked Pine

48

   

Kawene

10

 

Terrace

Chorus

40

   

Loken

16

2. All lots disposed of under this order must be capable of supporting a Class 4 sewage system, either in a natural or engineered state, as defined in Regulation 358 under the Environmental Protection Act. Any lot which is determined by the Ministry of Natural Resources or the Director, under Part VIII of the Environmental Protection Act, to be unable to support a Class 4 sewage system is not exempt under this order.

3. The Ministry of Natural Resources shall make available to the public upon request a list of all cottage lots which are available.

4. All cottage lots subject to this exemption shall only be created in accordance with the procedure under section 50 of the Planning Act, as amended from time to time, which, for the purposes of this order, shall be treated by the Ministry of Natural Resources as though the Act bound the Crown.

5. The Ministry of Natural Resources, as part of its lake plan implementation process, shall comply with the conditions of MNR’s Small-Scale Class EA, as approved on October20, 1992, or any subsequent approval that is provided for the undertakings described in these Class Environmental Assessments.

6. This exemption order replaces O. Reg. 310/90, MNR-56 which is hereby revoked. O. Reg. 537/95.