WHEREAS the Municipal Act, S.O. 2001, C. 25, Subsection 27(1), states that a municipality may pass by-laws in respect of a highway.

AND WHEREAS the Municipal Act, S.O. 2001, C. 25, Subsection 34(1), states a by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office.

AND WHEREAS Section 6.0 – Accountability, Transparency and Public Notice Requirements, requires that in considering a sale of City owned land, the land must be declared surplus to the needs and requirements of the municipality and prior to the land sale, notice of the disposition of the surplus lands posted on the City’s website and advertised in the local newspaper for two consecutive weeks. The purpose of such notice is to secure any comments from the public respecting this proposed land sale to be considered by Council so that Council may consider, and if applicable, incorporate into an implementing by-law.

AND WHEREAS the Council for the Corporation of the City of Timmins considers it desirable and expedient to assume, stop-up, close and sell a section of the Kay Crescent road allowance, identified as Plan 6R-3432, Part of Part 9, to the adjacent property owner at 411 Hart Street, subject to the following conditions:

• That the subject land be sold for a price based on the Surplus Vacant Land Sales Chart plus HST;
• That the purchasers shall be responsible for obtaining a reference plan legally describing the subject land, at the purchasers’ expense;
• That the purchasers be required to consolidate the subject lands with the abutting property at 411 Hart Street (Roll No. 5627-050-017-17600);
• That the purchasers shall ensure compliance with all utilities for any service locates or easements prior to any construction occurring on the subject land;
• That all expenses for both the municipality and the purchaser related to this land purchase, including but not limited to the legal and registration costs, shall be the responsibility of the purchasers;
• That the purchasers shall have six months to finalize this transfer, otherwise this land sale shall be null and void; and
• That this direct land sale shall be approved by Council by-law.

NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Timmins does hereby declare the following described land as being surplus to the Corporation’s requirements.

Plan 6R-3432, Part of Part 9
Tisdale Township
City of Timmins
District of Cochrane

The subject land is located in the grass boulevard and does not include any of the asphalt road base or curbing.

COMMENTS

Letters of support or concern with regard to this land sale will be received by the undersigned up until Tuesday, September 23, 2025, 4:00 p.m. and will be presented for Council’s consideration. Any written comments will be included in the staff report presented to Council.

Under the authority of the Municipal Act, 2001, and in accordance with Ontario’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), all written submissions, documents, deputations, correspondence, emails or other communications (including name and address) provided for public consultation are considered part of the public record. Please note that by submitting any of this information, consent is being provided to use and disclose this information.

Please contact the undersigned if you require further details.

Dave St.Onge, Community Development Planner
Corporation of the City of Timmins
220 Algonquin Boulevard East Timmins, ON P4N 1B3
705-360-2600 Ext. 3347 / [email protected]