Gary Wiwcharyk - New - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Instrument type: New - Approval for a consent (subject to conditions) in an area where there is no official plan in place

ERO number
025-0934
Ministry reference number
58-C-259080
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
September 2, 2025 - October 2, 2025 (30 days) Closed
Last updated

This consultation was open from:
September 2, 2025
to October 2, 2025

Decision summary

Application 58-C-259080 to create a new 10.22 hectare lot for resource-based recreational use, was approved by the Ministry, subject to conditions. Related applications 58-C-259195 (ERO 025-0937) and 58-C-259307 (025-0938) were also approved subject to conditions.

Location details

Site address

Shebandowan , ON
Canada

Site location details

The lands have a legal description of PIN 623130581,SURFACE RIGHT ONLY MINING LOCATION 3 ON THE NORTH SHORE OF UPPER SHEBANDOWAN LAKE MILES SURVEY HAINES; DISTRICT OF THUNDER BAY.

Including the shoreline lands along Upper Shebandowan Lake (PIN 623130748, 623130749, 623130751)

The lands are located approximately seventy kilometres west of the City of Thunder Bay on Upper Shebandowan Lake.

Site location map

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

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Proponent(s)

Gary Wiwcharyk
1200 Jasper Drive
Thunder Bay , ON
P7B6N7
Canada

Decision details

Application 58-C-259080 to create a new 14.52 hectare lot to be used for resource-based recreational use, was approved by the Ministry, subject to standard conditions and additional conditions related to the following:

  • protecting the water quality of Upper Shebandowan Lake;
  • ensuring the lands can be adequately serviced with sewage and water services;
  • protecting natural heritage features, specifically significant wildlife habitat and species at risk.

Related applications 58-C-259195 (ERO 025-0937) and 58-C-259307 (025-0938) were also approved subject to conditions were also approved subject to similar conditions. These applications have the effect of creating 1 new resource-based recreational lot each, for a total of 3 new lots and one retained.

The last date to appeal this decision is August 19, 2026

Comments received

Through the registry

5

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The comments received express strong opposition to the proposed severances, with concerns focused on the potential environmental impacts and inconsistency with the Shebandowan Lake Management Plan (SLMP). Respondents were concerned that additional shoreline development would increase nutrient loading from septic systems, vegetation removal, and expanded impervious surfaces, which could degrade water quality and harm the cold-water ecosystem. There is significant concern about negative impacts to the at-risk lake trout population, especially given the proximity of the subject lands to sensitive habitat areas. Commenters also highlight the cumulative effects of existing and proposed developments in the area, suggesting the lake is already under stress. Many submissions emphasize that the proposal contradicts the intent and policies of the SLMP and Restricted Area Order, which aim to limit development and protect ecological integrity, and note that the owner was or should have been aware of these restrictions at the time of purchase. Overall, the comments reflect concern that approving the application could set a precedent for further development and undermine long-standing environmental protections for the lake.

The comments received both through the ERO and directly by email were carefully considered in the Ministry’s review of the application and helped to inform the evaluation of potential environmental impacts and policy consistency. Concerns related to nutrient loading, impacts to water quality, and potential effects on fish habitat and the cold-water ecosystem were considered. While the proposal raises valid concerns, it is staffs position that these concerns can be appropriately addressed through conditions of approval and existing regulatory requirements. Specifically, conditions will require that where a 300-metre setback between a proposed tile field and the shoreline of a lake or permanently flowing tributary cannot be achieved, a site-specific soils investigation be completed by a qualified professional in accordance with the Lakeshore Capacity Handbook.

In addition, the proponent will be required to complete a fish habitat and natural heritage assessment to identify any potential negative impacts to wildlife and fish habitat, including lake trout, and to recommend appropriate mitigation measures. Furthermore, any future development on the subject lands will be subject to permitting requirements through the Ministry of Natural Resources under the Restricted Area Order and the Shebandowan Lake Management Plan, ensuring that site-specific impacts are reviewed and managed in accordance with applicable protections. Collectively, these measures are intended to address the concerns raised and ensure that development proceeds in a manner that maintains the ecological integrity of Upper Shebandowan Lake.

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.

Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from July 31, 2026 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

This instrument decision can be appealed under the Planning Act and the Environmental Bill of Rights.

Start the process to appeal

Appeal Rights under the Planning Act

You can appeal all or part of this instrument to the appeal to the Ontario Land Tribunal (OLT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing. You have 20 days to begin the appeal process.

Who can appeal

Other than the applicant, only a "specified person" or "public body", as defined in s. 1(1) of the Planning Act, has the ability to appeal the decision to the Ontario Land Tribunal.

Notice of appeal

Your notice of appeal must include:

  • 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 Ontario Land 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.

AND

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
Heather Boyer
Manager

Municipal Services Office – North (Thunder Bay)
Suite 223, 435 James St S
Thunder Bay, ON
P7E 6S8
Canada

807-475-1651

Proponent(s)

Gary Wiwcharyk
1200 Jasper Drive
Thunder Bay , ON
P7B6N7
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

There is an additional “leave to appeal” right under the Environmental Bill of Rights. This appeal must be commenced within 15 days of the notice of decision being posted on the Environmental Registry (ero.ontario.ca). For more information about this appeal method, refer to the Environmental Bill of Rights, 1993, or https://www.ontario.ca/page/environmental-bill-rights.


Include the following:

ERO number
025-0934
Ministry reference number
58-C-259080

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
025-0934
Ministry reference number
58-C-259080
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

September 2, 2025 - October 2, 2025 (30 days)

Proposal details

Application 58-C-259080 is part of a series of three (3) applications to sever the subject lands into three (3) new lots for resource-based recreational use and one retained lot. The lands are approximately 32.25 hectares in size and are accessed by a series of roads from Highway 11 including Kabaigon Bay road (Kabaigon Bay Local Roads Board) and a 4-kilometre private road that crosses Crown land (see Sketch 2).

  • Proposed Lot 1 has an area of 14.52 hectares and is currently vacant. A new recreational cottage serviced by a new septic system and lake water is proposed.
  • Proposed Lot 2 has an area of 7.36 hectares and is currently vacant. A new recreational cottage serviced by an existing septic system and lake water is proposed.
  • Proposed Lot 3 has an area of 10.22 hectares and is currently vacant. A new recreational cottage serviced by an existing septic system and lake water is proposed.
  • The retained lot has an area of 1.0 hectares and is developed with a dwelling and Class IV sewage system.

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.

Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 2, 2025
to October 2, 2025

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