Dam was built by Evergreen Resort in the ‘70s
ICE LAKE—The ownership and responsibility for the Ice Lake Dam in Gordon/Barrie Island is still in question and the reeve of the municipality says that the Ministry of Natural Resources (MNR) is not helping them while the local Ice Lake Landowners Association (ILLA) hopes to get necessary work done on the dam.
“These people are supposed to be representing us,” stated Reeve Lee Hayden. “You have to wonder what the MNR thinks we are up to. Instead of always telling us that the dam is not ours and this is what need to do to get work done on the dam, we are not getting suggestions on what or where to go on this. I don’t know where this is all going to go. The latest responses we’ve received haven’t gone to council yet.”
“As a municipality we’re trying to facilitate getting repairs done to the dam,” said Reeve Hayden. “We are open to suggestions, and we previously queried a land surveyor who told us to go to the MNR and find out if they have a claim on the dam and the creek bed bottom. So, we go to the ministry and don’t receive any help or real direction. We’re trying to go through all the proper channels and do the right thing.”
The December 18, 2024 edition of The Expositor featured the story, ‘Ice lake dam ownership no longer in question—it’s MNR’s,’ after the township received a letter from the MNR that indicated the ministry owns the creek bed bottom at the dam. While this was welcome news for both the township and the ILLA it left open the question of who is responsible for repairs that need to be undertaken on the dam which is in a deteriorating condition.
The Expositor again reached out to the MNR to ask two questions: once again regarding who owns the dam, and if it is the MNR’s, whether they will be making any repairs to the dam.
Derrick Luetchford, acting regional outreach specialist with the MNR Northeast region told The Expositor in an email dated January 10, “No, the ministry does not own the dam. As the MNR does not own the dam, we will not be making any repairs to the dam.”
A follow-up email was sent to the MNR to ask if the dam is on Crown land and if so, how is the ministry now not responsible for it and who is responsible for the creek bed and the dam.
The MNR response was, “Although the dam is at least partially on lands considered Crown, the dam was constructed without ministry approval. The extent of ownership would need to be determined by an Ontario Land Surveyor. Regardless of land ownership, the ministry regulates dam construction and maintenance through the Lakes and Rivers Improvement Act. Individuals or municipalities should apply to the ministry before undertaking any construction or maintenance on the dam.”
“Conflicting answers are being provided,” stated Reeve Hayden. “If the ministry declared they own at least a portion of the property around the dam, who is responsible for it? How can they say no if it is on their property.”
As Reeve Hayden noted and this newspaper reported in December, Mario Bianconi, IRM technical specialist with the MNR Sudbury District informed Reeve Hayden and council in a letter dated October 22, “At this point we have established that the MNR does have a claim to the creek bed which requires you to make an application to purchase Crown lands and a work permit when commencing the (proposed) actual work. Once submitted, reviews will be started at which point, when completed, survey requirements will be provided. It will be up to the surveyor you hire at that time to determine the extent of the private land ownership in relation to the Crown creek bed. This job rests with the surveyor, who in turn will have to do the required research.”
“To keep expectations at bay, this and any application for Crown lands requires extensive requirements, approve/deny and subsequently get the survey requirements to the applicant,” wrote Mr. Bianconi. “I want to be up-front from the get-go for the sake of transparency.”
Mr. Bianconi’s latest letter had been in reply to Reeve Hayden’s letter on the containment dam on Ice Lake and obtaining information on how to proceed and finding clarification on any claims MNR would have on the specific site the current dam is located on. “The dam is currently in critical condition. The municipality has been working with local property owners and stakeholders on Ice Lake to investigate how to proceed with repairs or replacement.”
“There is not a municipal lakeshore allowance easement where the dam is located,” continued Reeve Hayden. “The municipality recognizes the importance of this infrastructure and is prepared to proceed with purchasing parcels of land from two separate private landowners, in order to commence with a plan for replacement. We are not interested in purchasing the dam from the MNR. We want to facilitate a land survey being undertaken with the hope Manitoulin Streams Improvement Association (MSIA) will proceed with a project for dam restoration. The priority is to have a survey completed; however, we need approval from the MNR on land they claim is Crown land and we indicated all permits have to be applied for and approved and work hopefully can be done by MSIA.”
“Council, after consultation with ILLA and listening to their concerns, are prepared to proceed with the survey and purchase the adjacent lands around the property the MNR owns,” said Reeve Hayden. “But we can’t do the survey on the lands without approval from the MNR.”
He also noted, “we have invited the MNR several times to have a site meeting for full dialogue on the issue and concerns. We need cooperation from everyone to proceed.”
He noted the letter from Mr. Bianconi was the first time the MNR had stated ownership or claim of any sort that the current council has on record.
“As stated in my previous correspondence, the municipality does not have any claim to a lake shore allowance in the dam’s location, and as such was attempting to explore options to facilitate repairs to this critical piece of infrastructure,” Reeve Hayden said. “We want to help in any way we can and would like to work with the MNR and the ILLA and possibly MSIA. This should be a joint effort.”
The Expositor has found out that the dam was originally constructed by the then-owners of Evergreen Resort in the 1970s.
“A survey cannot be carried out without MNR permission,” stressed Reeve Hayden.