Declaration Order MNR-56/3: Cottage Lot Disposition
The ministry’s declaration that the disposition of Crown land cottage lots by the Ministry of Natural Resources is not subject to the Environmental Assessment Act.
Declaration order
Having received a request from the Ministry of Natural Resources (proponent) that an undertaking, namely:
the disposition of all existing Crown land cottage lots including those identified in any previous Order issued under the Environmental Assessment Act
be declared pursuant to section 3.2 of the Act, not subject to section 5 of the Environmental Assessment Act, and
Having been advised by the proponent that if the undertaking is subject to the application of the Act, the following injury, damage or interference indicated will occur:
- The public and the Ministry of Natural Resources will be damaged by the delay in the disposition of existing cottage lots;
- The public and 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; and
- The public and the Ministry of Natural Resources will be damaged by the loss of potential revenue if existing approved cottage lots are not available for disposition.
Having weighed such injury, damage, or interference against the purpose of the Act (betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment) which would result from the undertaking being subject to the application of the Act;
The undersigned is of the opinion that it is in the public interest to order and orders that section 5 of the Act not apply to the undertaking for the following reasons:
- The Ministry of Natural Resources processed Crown land cottage lot plans under either the Planning Act or the Public Lands Act, as applicable at the time of plan approval; and
- Dispositions of existing lots will comply with the policy for Crown land disposition, which will ensure a comprehensive review to address potential environmental effects; and
- The Ministry of Natural Resources' request was posted on the Environmental Bill of Rights Registry for a 30-day comment period, and during that period and following it no public comments were received on the matter.
This Declaration Order is subject to the following conditions:
- Where any activity which under this order would be declared not subject to the Act, is being carried out as, or is part of, an undertaking for which an environmental assessment has been accepted and approval to proceed received, the activity shall be carried out in accordance with any terms and conditions in the approval to proceed as well as the conditions of this order.
- Where any activity which is the subject of this order, is being carried out as, or is part of, another undertaking which is the subject of a declaration or exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms and conditions in the other declaration or exemption order as well as the conditions in this order.
- All lots disposed of under this order must be capable of supporting a Class 4 sewage system, for which a permit is required under the Building Code, or an alternate means of sewage disposal approved by the Ministry of the Environment, such as municipal services.
- The Ministry of Natural Resources, through its local district and area offices, shall make available to the public on request a current list of all cottage lots locally available for disposition in that particular district or area.
- This Declaration Order replaces Ontario Regulation 537/95, MNR 56/2, which is hereby revoked.
- Any activities that were exempt under Ontario Regulation 537/95, but not completed by the date of this Order, shall be allowed to proceed or continue under the conditions of this Order.
- The Ministry of Natural Resources shall provide the Director of the Environmental Assessment Branch with a listing of those cottage lots scheduled for disposition in the following year. The list is to be provided yearly on a date established by the MNR. Once the date has been established, each subsequent yearly reporting should occur on or before that date. The listing shall identify the MNR Region, the name of the lake, and the number of approved lots scheduled for disposition for each lake. If no cottage lots remain for disposal, the MNR shall advise the Director of the Environmental Assessment Branch in writing and this Order shall expire as of the date of that correspondence. All reports provided by the MNR shall be filed with the public records, under section 30(1) of the Act.
- The Ministry of Natural Resources may from time to time request in writing of the Minister of the Environment an extension of one (1) year to the expiry of this Order, and such requests should be made three (3) months in advance of the most current expiry date. Any request for extension shall be accompanied by documentation supporting the continuance of the Order.
- This Order shall expire:
- on the later of;
- 5 years from the date of approval of this Order, and
- such later date as determined by the Minister of the Environment, in conjunction with the application of condition 8, and posted on the Environmental Bill of Rights Registry, or
- if the Ministry of Natural Resources advises that no cottage lots remain for disposition in conjunction with condition 7.
- on the later of;
Original signed by:
Minister of the Environment
Approved by O.C. number 2256/98
Environmental assessment file number: NR-AA-04