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Feature Article - August 24, 2006

Township will enforce building code at Pine Lake

by Jeff Green


A delegation of around 30 residents from Pine Lake appeared before North Frontenac Council last Thursday, intent on discussing their concerns regarding the ongoing development of Powwow grounds and a community centre near their waterfront homes and cottages.

The development has been undertaken by the Ardoch Algonquin First Nation (AAFNA), a band of non-status Algonquins who have been politically active in the Ardoch region for the past 30 years.

The Pine Lake residents, who are in the midst of forming an association, expressed in a letter to AAFNA their “genuine support for the idea of a native community centre in our community.” However, they argued in that same letter that AAFNA did not inform them adequately when the project was being contemplated, and has not alleviated their fears about environmental impacts. Further, they believe the site will not be able to withstand the development AAFNA is planning without suffering environmental damage that may ultimately harm Pine Lake itself.

To that end, their letter to AAFNA concludes “We therefore ask that you stop all further development at the boat launch until a complete, transparent, environmental impact assessment can be completed with the input of all stakeholders. It is our position that the form of assessment outlined in the Environmental Assessment Act provides the proper framework.”

In her submission to council, Pine Lake resident Janette Derue-Lane asked several questions of council. The first two concerned applying the building code and insisting on building permits for any construction that is undertaken at the site.

On that question Mayor Ron Maguire was equivocal. “Any building that is undertaken in the township, no matter where, is subject to the building code as administered by the Chief Building Officer of the township. As of now there are only stakes in place where the proposed community centre is planned. As soon as concrete is poured that would constitute the beginning of a construction project, the building officer would respond. If concrete is poured without a building permit being sought, the building officer will issue a stop work order,” he said.

“I’m reassured to hear you say that,” said one Pine Lake resident.

Further complicating the situation at Pine Lake is the determination that the entire site is not located on Crown land, as was initially thought by the township and AAFNA alike. The shoreline is legally a shoreline road allowance, and is thus municipal land. There is also an unopened road allowance that crosses the site, and this land is also municipally owned. In a telephone interview after the council meeting, Mayor Ron Maguire said that he does not think the proposed building encroaches on any of this municipally owned land, but as of a few weeks ago, when some extra territory was cleared for the proposed Powwow grounds, some of the unopened road allowance was included in the expansion.

In the past, AAFNA has stated that so-called Crown and municipally owned lands are all un-ceded Algonquin lands and thus available to them without asking for approvals or permissions from any level of government. This position is supported by the ongoing Canada/Ontario/Algonquin land claims process that is ongoing. AAFNA has also said they will exclude patented lands (private land) from their potential use.

However, from the perspective of North Frontenac Council, the fact that municipal land is now included in the project, along with the township’s role in the application of the Ontario building code, puts the township into the middle of the politics of Pine Lake.

 

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