Municipal Drains

Scope of Work

• Engineer's Report pdf (Final)

Next Steps

• If any, changes ordered by the Court, or matter brought to Tribunal, and once all appeals (under either section 48(1) or 54(1) of the Drainage Act) have been heard or time for appeal has expired, third and final reading at following regular council meeting to pass as By-law.

Meeting Notice

• First sitting of the Court of Revision for the Reconsidered Report is scheduled for October 10th, 2023 @4:30pm. Click here for notice.

Scope of Work

• Engineer's Report pdf (Final)

Next Steps

• The Engineer has submitted a revised Drainage Report for reconsideration. The purpose of the Court of Revision is to hear appeals on assessments. Notice of appeal to the Court shall be given to the Clerk by Sunday, October 1, 2023 (ten [10] days prior to the first sitting of the Court) and shall state the grounds of appeal. 

Construction Notice

• Construction has resumed. Click here for notice.

Scope of Work

• Engineer's Report pdf (Final)

Next Steps

•  Construction in progress + warranty evaluation by Town, Engineer, and affected landowners.

Meeting Notice

• Court of Revision scheduled for March 14th, 2023 @4:45pm. Click here for notice. 

Scope of Work

• Engineer's Report pdf (Final)

Next Steps

• If any, changes ordered by the Court, or matter brought to Tribunal, and once all appeals (under either section 48(1) or 54(1) of the Drainage Act) have been heard or time for appeal has expired, third and final reading at following regular council meeting to pass as By-law.

Meeting Notices

• Public Information Center scheduled for February 2^nd, 2023 @ 2:00pm. Click here for notice. 

Next Steps

• Meeting to consider Engineer’s Report once final version filed with Town.

JC Smith /McPherson Drain PIC Draft Report

North 12th Concession Drain Draft PIC Report

East McPherson Drain - Final Report

11th Concession Drain - Final Report

The Ontario Drainage Act, R.S.O. 1990 is the provincial legislation that defines the process for resolving drainage issues, administered by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). It provides regulation in obtaining a legal outlet for landowners with drainage problems to create, repair, maintain or improve lands to be drained. 

A municipal drain is a regulated drainage system necessary to regulate the water table within or on any lands, which can be an open and/or closed channel by use of piping infrastructure and tiles buried underground, authorized under the Drainage Act

The municipality is responsible for the repair, maintenance, and/or improvements to the municipal drainage systems located within the Town's boundaries on behalf of the community of affected landowners involved. The Town Drainage Superintendent(s) is Council's agent responsible for managing municipal drains for the benefit of its users. The costs to repair or improve municipal drains is assessed out to the affected landowners who benefit from the Drains proportionally. The Town has no greater rights or is subject to no greater rights than any other landowner. 

If your land requires drainage, you may file a petition for a drainage works to be implemented with the Town Clerk. The procedure for petitioning for a new drainage work follows Section 4 of the Drainage Act

The municipality maintains drainage works at the expense of all the upstream lands and roads in accordance with the By-Law for that drain, including the Engineer's report and Schedule of Assessment. 

Affected landowners can complete and submit a Notice of Request for Drain Maintenance and/or Repair to the municipality, or submit a written or electronic letter to the Town indicating that you are giving official notice under Section 79 of the Drainage Act that maintenance of the municipal drain is required. The procedure for maintenance and repair work follows Section 74 of the Drainage Act

Major Improvement

As an affected landowner, you can request the municipality complete a major improvement to whole or part of a drainage system. Common requests for major improvements include:

• New access bridges or culverts
• Replacement of existing bridges or culverts
• Installation of piping to enclose an open drain (ditch)
• Relocation of the drain (ditch)
• Enclosure of section of the drain (ditch)

Affected landowners can initiate the process by completing and submitting a Notice of Request for Drain Major Improvement to the municipality. The procedure for drain repair and improvements follows Section 78 of the Drainage Act

Minor Improvement

Affected landowners may also request a minor improvement project completed on their property. Common request for minor improvements include:

• Addition of a 2nd access crossing
• Relocation of drain on individual property 
• Incorporation of a buffer along the drain

Affected landowners can initiate the process by completing a Notice of Request for Drain Minor Improvement and submitting to the municipality. The procedure for drain repair and improvements follows Section 78 of the Drainage Act

When there are changes within a drain watershed due to a subsequent division by change of ownership, connection, disconnection, or extent of use of lands, assessments for future maintenance of a drainage works may be changed or varied. The procedure for updating assessment schedules as a result follows Section 65 of the Drainage Act

The Schedule of Assessment (or Assessment Schedule) is prepared by the Engineer within the report and distributes the construction and future maintenance costs among affected landowners.

In accordance with Section 52 of the Drainage Act, any owner of land assessed for the drainage works can appeal to the Court of Revision by filing a Notice of Appeal with the Town Clerk within ten (10) days of the Court of Revision on the following grounds:

• Land or road has been assessed too high or low
• Land or road should have been assessed but has not
• Due consideration had not been given to the use of the land

Property owners should be made aware that there are no appeals on assessments for maintenance after the Engineer's report is adopted and the By-Law has been passed. 

When construction is completed and final costs are known, Section 62(1) of the Drainage Act requires the Town to amend the By-Law to reflect the true costs of the drainage works to assess out accordingly. 

Assessments are levied against affected lands in accordance with the Drainage Act and all other eligibility criteria set out in the Agricultural Drainage Infrastructure Program policies

For drain maintenance and repair, the Town is not required to levy costs more than once every five (5) years if the total expense incurred is less than $5,000 in accordance with Section 75(3) of the Drainage Act.

Grants may be provided towards assessments on lands designated as agricultural eligible for the Farm Property Class Tax Rate for drain construction, improvement, repair, or maintenance work. The current grant rate in southern Ontario is 33.33%.

Grant applications are submitted to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) by the municipality. Grants are not provided for the cost of a lateral drain serving a singular property, beginning and ending on that property. 

In Ontario, the Endangered Species Act, 2007 (ESA, 2007) legally identifies, protects, and provides for the recovery of species at risk (SAR) and habitat protection. This is facilitated through provisions for permits, agreements, and regulations to allow activities such as drainage to occur safely. 

The Species at Risk Act, 2002 (SAR, 2002) provides for the recovery of species that are endangered or threatened as a result of human activity or prevent them from becoming endangered as a result of activity such as drainage works.