Drainage Act

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Sections287

• 1Definitions

  1 In this Act, “benefit” means the advantages to any lands, roads, buildings or other structures from the construction, improvement, repair or maintenance of a drainage works such as will result in a higher market value or increased crop production or improved appearance or better control of surface or subsurface water, or any other advantages relating to the betterment of lands, roads, buildings or other structures; (“avantage”) “benefit cost statement” means a statement relating the anticipated benefits expressed in dollars to the total estimated cost of the drainage works; (“état coût-avantages”) “built-up area” means an area of land where, (a) not less than 50 per cent of the frontage upon one side of a road for a distance of not less than 200 metres is occupied by dwellings, buildings used for business purposes, schools or churches, or (b) not less than 50 per cent of the frontage u…

• 1.
• [s1]

  Mutual Agreement Drains

• 2Mutual agreement re drainage works

  2 (1) When two or more owners of land desire to construct or improve a drainage works on any of their lands and are willing to pay the cost thereof, they may enter into a written agreement for the construction, improvement, financing and maintenance of such drainage works, which shall include the following: 1. A reference to the Drainage Act. 2. Descriptions of the lands of the parties to the agreement sufficient for the purposes of registration in the proper land registry office. 3. The estimated cost of the drainage works. 4. A description of the drainage works, including its nature and approximate location. 5. The proportion of the cost of the construction, improvement and maintenance of the drainage works that is to be borne by each of the owners of the lands. 6. The date the agreement was entered into. 7. An affidavit of a subscribing witness to the execution of the agreement by the…

• 2.
• [s3]

  Requisition Drains

• 3Drainage works constructed on requisition

  3 (1)-(17) Repealed: 2010, c. 16, Sched. 1, s. 2 (1). Existing ditches (18) Every ditch constructed under The Ditches and Watercourses Act, being chapter 109 of the Revised Statutes of Ontario, 1960, shall be maintained in accordance with the award of the engineer providing for such maintenance until such ditch is brought under the provisions of this Act by petition under section 4. 2010, c. 16, Sched. 1, s. 2 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (1, 2) - 25/10/2010

• 3.
• [s5]

  Petition Drains

• 4Petition

  4 (1) A petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by, (a) the majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area; (b) the owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60 per cent of the hectarage in the area; (c) where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61 (5); (d) where a drainage works is required for the drainage of lands used for agricultural purposes, the Director. R.S.O. 1990, c. D.17, s. 4 (1). Form of petition (2) A petition under subsection (1) s…

• 4.
• 5Drainage works constructed on petition

  5 (1) Where a petition in accordance with section 4 has been filed, the council shall forthwith consider the petition and shall, within thirty days after the filing of the petition, (a) if it decides not to proceed with the drainage works, send notice of its decision to each petitioner; or (b) if it decides to proceed with the drainage works, send notice of the petition and of its decision to the prescribed persons. R.S.O. 1990, c. D.17, s. 5 (1); 2010, c. 16, Sched. 1, s. 2 (3, 4); 2020, c. 18, Sched. 4, s. 2. Appeal to Tribunal (2) Where a petitioner, (a) receives notice under clause (1) (a) of a decision of the council not to proceed with the drainage works; or (b) has not, within thirty days after the filing of the petition, received notice of a decision of the council, the petitioner may appeal to the Tribunal or, where lands used for agricultural purposes are included in the area d…

• 5.
• 6Notice that environmental appraisal is required

  6 (1) A person who is prescribed by the regulations and who has received notice of the petition under clause 5 (1) (b) may, within 30 days after receiving the notice, send to the council of the initiating municipality a notice that an environmental appraisal of the effects of the drainage works on the area is required. 2020, c. 18, Sched. 4, s. 3. Cost (1.1) The cost of an environmental appraisal required under subsection (1) shall be paid by the person who sends the notice requiring it. 2020, c. 18, Sched. 4, s. 3. Authorization for environmental appraisal (2) The council of the initiating municipality may obtain an environmental appraisal on its own initiative, the cost of which shall be paid by the municipality from its general funds. R.S.O. 1990, c. D.17, s. 6 (2). Appeal (3) The party requesting the environmental appraisal or the council of the initiating municipality, as the case m…

• 6.
• 7Benefit cost statement

  7 (1) The council of any local municipality to which notice was given under subsection 5 (1) or the Minister may send to the council of the initiating municipality within thirty days a notice that a benefit cost statement is required and the cost of preparing such statement shall be paid by the party who required it. R.S.O. 1990, c. D.17, s. 7 (1). Idem (2) The council of the initiating municipality may obtain a benefit cost statement on its own initiative, the cost of which shall be paid by the municipality from its general funds. R.S.O. 1990, c. D.17, s. 7 (2).

• 7.
• 8Appointment of engineer

  8 (1) Where the council of the initiating municipality has decided to proceed with the drainage works described in a petition, the council shall by by-law or resolution appoint an engineer to make an examination of the area requiring drainage as described in the petition and to prepare a report which shall include, (a) plans, profiles and specifications of the drainage works, including a description of the area requiring drainage; (b) an estimate of the total cost thereof; (c) an assessment of the amount or proportion of the cost of the works to be assessed against every parcel of land and road for benefit, outlet liability and injuring liability; (d) allowances, if any, to be paid to the owners of land affected by the drainage works; and (e) such other matters as are prescribed or provided for under this Act. R.S.O. 1990, c. D.17, s. 8 (1); 2020, c. 18, Sched. 4, s. 4. Where engineer is…

• 8.
• 9Determination of petition compliance

  9 (1) The engineer shall, before making an examination and report, cause the clerk of the local municipality to send at least seven days notice in the form prescribed by the regulations to each owner of lands within the area requiring drainage as described in the petition and to each public utility that may be affected by the petition setting out the time and place of an on-site meeting with the engineer to examine the area. R.S.O. 1990, c. D.17, s. 9 (1); 2010, c. 16, Sched. 1, s. 2 (5). Duty of engineer (2) At the on-site meeting, the engineer shall, (a) determine the area requiring drainage; (b) determine whether the petition complies with section 4 for the area requiring drainage; and (c) where the engineer is of opinion that the petition fails to so comply, establish the requirements for a petition to comply with section 4. R.S.O. 1990, c. D.17, s. 9 (2). Idem (3) Where the engineer…

• 9.
• 10Preliminary report

  10 (1) Where the council of the initiating municipality deems it expedient, it may, or if it has received notice under section 6 that an environmental appraisal is required, it shall instruct the engineer to prepare a preliminary report containing a sketched plan of the drainage works and an estimate of the cost thereof in so far as it is practicable to do so, and which shall include the environmental appraisal, if any, and the benefit cost statement, if any, and the engineer shall forthwith prepare and file such a preliminary report with the council. R.S.O. 1990, c. D.17, s. 10 (1). Consideration of report (2) Upon the filing of the preliminary report, the council of the initiating municipality shall cause the clerk to send the prescribed persons a copy of the preliminary report and a notice of the date of the council meeting at which the preliminary report will be considered. 2020, c. …

• 10.
• [s13]

  Engineer’s Report

• 11Duties of engineer

  11 The engineer shall, to the best of the engineer’s skill, knowledge, judgment and ability, honestly and faithfully, and without fear of, favour to or prejudice against any person, perform the duty assigned to the engineer in connection with any drainage works and make a true report thereon. R.S.O. 1990, c. D.17, s. 11.

• 11.
• 12Power to enter on lands

  12 (1) The engineer or any of the engineer’s assistants when engaged in the performance of their duties during or after the examination of the locality may enter, measure along, ascertain the bearings of any line, plant the stakes that they consider necessary for the performance of the work and take levels on the land of any person. R.S.O. 1990, c. D.17, s. 12 (1). Offence, obstruction of engineer (2) Every person who wilfully interferes with or obstructs the engineer or any of the engineer’s assistants in the exercise of the powers conferred by this section is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. D.17, s. 12 (2).

• 12.
• 13Duties re survey

  13 (1) The engineer in making a survey shall establish sufficient bench marks or permanent levels by which a drainage works may be governed, and shall in the report record the description, location and elevation of every bench mark or permanent level. R.S.O. 1990, c. D.17, s. 13 (1). Offence, interference with bench marks (2) Every person who interferes with, removes or destroys any bench mark or permanent level established under this section is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. D.17, s. 13 (2).

• 13.
• 14Providing capacity for covered drainage works

  14 (1) Subject to subsection (2), the construction of a drainage works by means of the improvement of a natural watercourse shall not include a covered drainage works, unless the part of the drainage works in which the covered drainage works is included provides capacity for all the surface water from the lands and roads draining naturally towards and into it and for all the waters from all the lands and roads assessed for the drainage works. R.S.O. 1990, c. D.17, s. 14 (1). Covered drainage works may be employed (2) A covered drainage works may be employed in conjunction with an open drain provided that the total capacity of the system is sufficient for the purposes of subsection (1). R.S.O. 1990, c. D.17, s. 14 (2).

• 14.
• 15Sufficient outlet

  15 Subject to section 32, every drainage works constructed under this Act shall be continued to a sufficient outlet. R.S.O. 1990, c. D.17, s. 15.

• 15.
• 16Report re disposal of material taken from drainage works

  16 The engineer in the report shall determine in what manner the material taken from any drainage works in the construction, improvement, repair or maintenance thereof shall be disposed of. R.S.O. 1990, c. D.17, s. 16.

• 16.
• 17Bridges and culverts on roads

  17 The engineer in the report shall provide for the construction, enlargement or other improvement of any bridges or culverts throughout the course of the drainage works rendered necessary by the drainage works crossing any public road or part thereof. R.S.O. 1990, c. D.17, s. 17.

• 17.
• 18Construction of bridges, etc.

  18 Subject to section 33, the engineer in the report shall provide for the construction or the replacement, enlargement or other improvement of bridges, culverts, pumping stations and water gates rendered necessary by the drainage works including the cost of the construction or the replacement, enlargement or other improvement of the bridges, pumping stations, water gates and culverts, in the assessment for the construction, improvement, maintenance or repair of the drainage works, and they shall, for the purposes of maintenance or repair, be deemed part of the drainage works. R.S.O. 1990, c. D.17, s. 18.

• 18.
• 19Engineer may recommend abandonment of drain

  19 The engineer in the report may recommend the abandonment of any drain or part thereof that is no longer useful or that is being supplanted by a new drainage works. R.S.O. 1990, c. D.17, s. 19.

• 19.
• 20Continuing drainage works beyond limits of municipality

  20 (1) Where it is considered necessary to continue a drainage works beyond the limits of the initiating municipality, the engineer employed by the council of the municipality may continue the drainage works on or along or across any road allowance or other boundary between any two or more municipalities, and from any such road allowance or other boundary into or through any municipality until the engineer reaches a sufficient outlet. R.S.O. 1990, c. D.17, s. 20 (1). Where drainage works not deemed outside initiating municipality (2) A drainage works shall not be deemed to be continued into a municipality other than the initiating municipality merely by reason of such drainage works or some part thereof being constructed on a road allowance forming the boundary line between two or more municipalities. R.S.O. 1990, c. D.17, s. 20 (2).

• 20.
• [s24]

  Assessments

• 21Engineer to distinguish assessments

  21 The engineer in the report shall assess for benefit, outlet liability and injuring liability, and shall insert in an assessment schedule, in separate columns, the sums assessed for each opposite each parcel of land and road liable therefor. R.S.O. 1990, c. D.17, s. 21.

• 21.
• 22Assessment for benefit

  22 Lands, roads, buildings, utilities or other structures that are increased in value or are more easily maintained as a result of the construction, improvement, maintenance or repair of a drainage works may be assessed for benefit. R.S.O. 1990, c. D.17, s. 22. Assessment for liability

• 22.
• 23Outlet liability

  23 (1) Lands and roads that use a drainage works as an outlet, or for which, when the drainage works is constructed or improved, an improved outlet is provided either directly or indirectly through the medium of any other drainage works or of a swale, ravine, creek or watercourse, may be assessed for outlet liability. R.S.O. 1990, c. D.17, s. 23 (1). Injuring liability (2) If, from any land or road, water is artificially caused by any means to flow upon and injure any other land or road, the land or road from which the water is caused to flow may be assessed for injuring liability with respect to a drainage works to relieve the injury so caused to such other land or road. R.S.O. 1990, c. D.17, s. 23 (2). Basis of assessment (3) The assessment for outlet liability and injuring liability provided for in subsections (1) and (2) shall be based upon the volume and rate of flow of the water ar…

• 23.
• 24Assessment for special benefit

  24 The engineer may assess for special benefit any lands for which special benefits have been provided by the drainage works. R.S.O. 1990, c. D.17, s. 24.

• 24.
• 25Engineer may assess a block, etc.

  25 (1) The council of the local municipality may direct the engineer to assess as a block, a built-up area designated by the council, and the sum assessed therefor may be levied against all the rateable properties in the designated area proportionately on the basis of the assessed value of the land and buildings. R.S.O. 1990, c. D.17, s. 25 (1). Assessment to be charged against public roads (2) Where the engineer makes a block assessment under subsection (1), the engineer shall designate the proportion of the assessment to be charged against the public roads in the designated area. R.S.O. 1990, c. D.17, s. 25 (2).

• 25.
• 26Increased cost, how borne

  26 In addition to all other sums lawfully assessed against the property of a public utility or road authority under this Act, and despite the fact that the public utility or road authority is not otherwise assessable under this Act, the public utility or road authority shall be assessed for and shall pay all the increase of cost of such drainage works caused by the existence of the works of the public utility or road authority. R.S.O. 1990, c. D.17, s. 26.

• 26.
• 27Assessment where drainage works continued beyond limits of municipality

  27 Where a drainage works is continued into or through a municipality other than the initiating municipality under section 20, the engineer may assess, regardless of municipal boundaries, all lands and roads that, in the engineer’s opinion, should be assessed for benefit, outlet liability or injuring liability, with such proportion of the cost of the drainage works as appears just, and in the report thereon the engineer shall estimate separately the cost of the drainage works within each municipality and upon the road allowances or other boundaries. R.S.O. 1990, c. D.17, s. 27.

• 27.
• 28Assessing lands in neighbouring municipality

  28 Where any lands or roads in or under the jurisdiction of a local municipality, other than the local municipalities into or through which the drainage works passes, are, in the opinion of the engineer of the initiating or other municipality doing the work or part thereof, benefited by the drainage works or provided with an improved outlet or relieved from injuring liability, the engineer may assess the cost of the construction, improvement, maintenance or repair of the drainage works in the same manner as is provided in section 27. R.S.O. 1990, c. D.17, s. 28.

• 28.
• [s33]

  Allowances and Compensation

• 29Allowances for right of way, etc.

  29 The engineer in the report shall estimate and allow in money to the owner of any land that it is necessary to use, (a) for the construction or improvement of a drainage works; (b) for the disposal of material removed from drainage works; (c) as a site for a pumping station to be used in connection with a drainage works; or (d) as a means of access to any such pumping station, if, in the opinion of the engineer, such right of way is sufficient for the purposes of the drainage works,

• 29.
• [s35]

  the value of any such land or the damages, if any, thereto, and shall include such sums in the estimates of the cost of the construction, improvement, repair or maintenance of the drainage works. R.S.O. 1990, c. D.17, s. 29.

• 30.
• 30Amount for damage to ornamental trees, etc.

  30 The engineer shall determine the amount to be paid to persons entitled thereto for damage, if any, to ornamental trees, lawns, fences, lands and crops occasioned by the disposal of material removed from a drainage works and shall include such sums in the estimates of the cost of the construction, improvement, repair or maintenance of the drainage works. R.S.O. 1990, c. D.17, s. 30.

• 31.
• 31Allowance for existing drains

  31 Where an existing drain that was not constructed on requisition or petition under this Act or any predecessor of this Act is incorporated in whole or in part in a drainage works, the engineer in the report shall estimate and allow in money to the owner of such drain or part the value to the drainage works of such drain or part and shall include such sum in the estimates of the cost of the construction, improvement, repair or maintenance of the drainage works. R.S.O. 1990, c. D.17, s. 31.

• 32.
• 32Allowance for damage due to insufficient outlet

  32 Where, in the opinion of the engineer, the cost of continuing a drainage works to a sufficient outlet or the cost of constructing or improving a drainage works with sufficient capacity to carry off the water will exceed the amount of injury likely to be caused to low-lying lands along the course of or below the termination of the drainage works, instead of continuing the works to such an outlet, or making it of such capacity, the engineer may include in the estimate of cost a sufficient sum to compensate the owners of such low-lying lands for any injuries they may sustain from the drainage works, and in the report the engineer shall determine the amount to be paid to the owners of such low-lying lands in respect of such injuries. R.S.O. 1990, c. D.17, s. 32.

• 33.
• 33Allowance for loss of access

  33 Where the engineer thinks it expedient to make an allowance for loss of access to an owner instead of providing for the construction or the replacement, enlargement or other improvement of a bridge, the engineer shall in the report provide for payment to the owner of such amount as appears just by way of allowance for loss of access and shall include such sums in the estimates of the cost of the construction, improvement, repair or maintenance of the drainage works. R.S.O. 1990, c. D.17, s. 33.

• 34.
• 34Prior assessments to be taken into consideration

  34 In fixing the sum to be assessed upon any land or road, the engineer may take into consideration any prior assessment or allowance on the same land or road for the construction, improvement, maintenance or repair of a drainage works and make such adjustment therefor as appears just, and in the report the engineer shall state the adjustment so made. R.S.O. 1990, c. D.17, s. 34.

• 35.
• 35Assessment may be shown in money

  35 The assessment upon any land or road for a drainage works shall be shown by the engineer placing in a schedule to the report sums of money opposite the land or road, and, where the engineer considers it advisable, the fractional part of the whole cost to be borne by the land or road. R.S.O. 1990, c. D.17, s. 35.

• 36.
• 36Assessment of affected land

  36 The engineer, in assessing the lands and roads requiring drainage or otherwise liable for assessment under this Act, shall show in the report the approximate number of hectares affected by the drainage works in each parcel of land assessed for the drainage works. R.S.O. 1990, c. D.17, s. 36.

• 37.
• 37Engineer to assess separately

  37 The engineer in the report shall list separately the lands in each municipality that are assessed for a drainage works and shall indicate the assessment for the cost of lateral drains and the assessments of lands that are not agricultural lands. R.S.O. 1990, c. D.17, s. 37.

• 38.
• 38Variation in assessments for maintenance and repair

  38 Where the engineer considers it equitable that the cost of the maintenance and repair of a drainage works be assessed upon a basis different from that upon which the cost of its construction or improvement is assessed, the engineer shall determine and report the basis upon which the cost of maintenance and repair of the drainage works or of any part or parts thereof shall be assessed. R.S.O. 1990, c. D.17, s. 38.

• 39.
• 39Time for filing report

  39 (1) The engineer shall file the report with the clerk of the initiating municipality as soon as it is completed or, in any event, within one year after the appointment of the engineer or within such further time as may be extended before or after the expiry of the one-year period by resolution of the council of the municipality. 2010, c. 16, Sched. 1, s. 2 (7). Engineer may forfeit compensation (2) Where, after thirty days notice by council, the engineer neglects to make a report within the time limited by or extended under this section, the engineer shall forfeit all claims for compensation for the work done upon the drainage works, and the council of the local municipality may appoint another engineer. R.S.O. 1990, c. D.17, s. 39 (2). By-law not invalid by reason report not filed (3) A by-law passed by the council of any local municipality for the construction of a drainage works un…

• 40.
• 40Engineer’s finding, drainage works not required, etc.

  40 Where the engineer finds that a drainage works is not required or is impractical, or cannot be constructed under this Act, the engineer shall forthwith file with the clerk of the initiating municipality a report to that effect, stating the reasons therefor, the amount of the engineer’s fees and other charges and by whom they shall be paid, and the clerk shall forthwith send a notice of the filing of such report to all persons who signed the petition and the matter shall not be further proceeded with unless the decision of the engineer is reversed on appeal. R.S.O. 1990, c. D.17, s. 40; 2010, c. 16, Sched. 1, s. 2 (8). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (8) - 25/10/2010

• 41.
• 41Notice of drainage works

  41 (1) Upon the filing of the engineer’s report, the council of the initiating municipality, if it intends to proceed with the drainage works, shall, within 30 days after the filing of the report, cause the clerk of the initiating municipality to send the prescribed persons a copy of the report and a notice stating, (a) the date on which the report was filed; (b) the name or other designation of the drainage works; and (c) the date of the council meeting at which the report will be considered. 2020, c. 18, Sched. 4, s. 6. Clerk to notify persons assessed (2) The clerk of every other local municipality in which any land or road that is assessed for the drainage works or for which compensation or other allowances have been provided in the report is situate shall send within thirty days of the sending of the last notice under subsection (1) a copy of the report and notice to the owners, as …

• 42.
• 42Consideration of report

  42 The council of the initiating municipality at the meeting mentioned in section 41 shall consider the report, and, where the drainage works is requested on petition, shall give an opportunity to any person who has signed the petition to withdraw from it by filing a signed withdrawal with the clerk and shall also give those present owning lands within the area requiring drainage who have not signed the petition an opportunity to do so, and should any of the lands or roads owned by the municipality within the area requiring drainage as described in the petition be assessed, the council may by resolution authorize the head of the municipality to sign the petition for the municipality, and such signature counts as that of one person in favour of the petition. R.S.O. 1990, c. D.17, s. 42; 2010, c. 16, Sched. 1, s. 2 (12). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, …

• 43.
• 43Liability of original petitioners

  43 If, after striking out the names of the persons withdrawing, the names remaining on the petition, including the names, if any, added as provided by section 42 do not comply with section 4, the original petitioners on their respective assessments in the report are chargeable proportionately with and liable to the municipality for the expenses incurred by the municipality in connection with the petition and report and the sum with which each of such petitioners is chargeable shall be entered upon the collector’s roll for the municipality against the lands of the person liable, and shall be collected in the same manner as real property taxes. R.S.O. 1990, c. D.17, s. 43.

• 44.
• 44Sufficiency of petition

  44 If, at the end of such council meeting, the petition contains a sufficient number of names to comply with section 4, the council may proceed to adopt the report, and, subject to section 59, no person having signed the petition shall, after the adoption of the report, be permitted to withdraw. R.S.O. 1990, c. D.17, s. 44.

• 45.
• 45Adoption of report

  45 (1) If a by-law in the form prescribed by the regulations, with the engineer’s report attached to it, is given two readings by council, the report shall be considered to be adopted and the by-law shall be known as a provisional by-law. 2010, c. 16, Sched. 1, s. 2 (13). Appeal or referral to Tribunal (2) Where a report is not adopted by council, any petitioner may appeal to the Tribunal or, where lands used for agricultural purposes are included in the area to be drained, the Minister may refer the matter to the Tribunal. R.S.O. 1990, c. D.17, s. 45 (2); 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (13) - 25/10/2010

• 46.
• [s52]
• 46Notice of court of revision to be sent to local municipalities and to owners

  46 (1) The council of the initiating municipality shall, within five days after the adoption of the report, send a copy of the provisional by-law, exclusive of the engineer’s report, and a notice of the time and place of the first sitting of the court of revision to every other local municipality in which any land or road is assessed for the drainage works or for which allowance or compensation has been provided for in the report. R.S.O. 1990, c. D.17, s. 46 (1); 2010, c. 16, Sched. 1, s. 2 (14). Idem (2) The council of the initiating municipality and of every local municipality to whom a copy of the provisional by-law is sent under subsection (1) shall, within thirty days after the adoption of the report, send a copy of the provisional by-law, exclusive of the engineer’s report, and a notice of the time and place of the sitting of the court of revision to each person or body entitled to…

• [s53]

  Appeals

• 47.
• 47Appeal from report to referee

  47 (1) Any owner of land or public utility affected by a drainage works, if dissatisfied with the report of the engineer on the grounds that it does not comply with the requirements of this Act, or that the engineer has reported that the drainage works cannot be constructed under section 4, may appeal to the referee and in every case a notice of appeal shall be served upon the council of the initiating municipality within 40 days after the sending of the notices under section 40 or subsection 46 (2), as the case may be. R.S.O. 1990, c. D.17, s. 47 (1); 2010, c. 16, Sched. 1, s. 2 (17). Notice to court clerk (2) Upon receipt of a notice of appeal under subsection (1), the clerk of the municipality shall forthwith record the notice and send a copy of the notice to the clerk of the court of the referee. R.S.O. 1990, c. D.17, s. 47 (2). Section Amendments with date in force (d/m/y) 2010, c. …

• 48.
• 48Appeal to Tribunal

  48 (1) Any owner of land or any public utility affected by a drainage works, if dissatisfied with the report of the engineer on the grounds that, (a) the benefits to be derived from the drainage works are not commensurate with the estimated cost thereof; (b) the drainage works should be modified on grounds to be stated; (c) the compensation or allowances provided by the engineer are inadequate or excessive; (d) the engineer has reported that the drainage works is not required, or is impractical, or cannot be constructed, may appeal to the Tribunal, and in every case a notice of appeal shall be served within 40 days after the sending of the notices under section 40 or subsection 46 (2), as the case may be. R.S.O. 1990, c. D.17, s. 48 (1); 2006, c. 19, Sched. A, s. 6 (1); 2010, c. 16, Sched. 1, s. 2 (18). Appeal by Director (2) Where lands used for agricultural purposes may be affected by …

• 49.
• 49Appeal by conservation authority

  49 Where the proposed drainage works is to be undertaken within a watershed in which a conservation authority has jurisdiction, the authority may appeal from the report of the engineer to the Tribunal on the ground that the drainage works will injuriously affect a scheme undertaken by the authority under the Conservation Authorities Act, and in every case a notice of appeal shall be served within 40 days after the sending of the notices under subsection 46 (2). R.S.O. 1990, c. D.17, s. 49; 2006, c. 19, Sched. A, s. 6 (1); 2010, c. 16, Sched. 1, s. 2 (19). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (19) - 25/10/2010

• 50.
• 50Appeal by municipality

  50 (1) The council of any local municipality to which a copy of a provisional by-law was sent under subsection 46 (1) may, within forty days after the copy of the provisional by-law was sent to the clerk, appeal to the Tribunal from the report by serving the clerk of the initiating municipality and the clerk of every other municipality assessed by the engineer with a notice of appeal setting forth the reasons for such appeal. R.S.O. 1990, c. D.17, s. 50 (1); 2006, c. 19, Sched. A, s. 6 (1); 2010, c. 16, Sched. 1, s. 2 (20). Reasons for appeal (2) The reasons for appeal may be the following, or any of them, (a) that the proposed drainage works as it affects the appealing municipality should be abandoned or modified, on grounds to be stated; (b) that the course of the drainage works or any part thereof should be altered; (c) that the drainage works does not provide a sufficient outlet; (d)…

• 51.
• 51Powers of Tribunal

  51 (1) On any appeal or reference to the Tribunal under this Act, the Tribunal shall hear and determine the matter and, where not so provided, may make such order and direct such things to be done as are authorized by this Act or as it considers proper to carry out the purposes of this Act. R.S.O. 1990, c. D.17, s. 51 (1); 2006, c. 19, Sched. A, s. 6 (4). Parties (2) The parties to an appeal or reference to the Tribunal under this Act shall be the person making the appeal or reference and such other persons as the Tribunal may specify. R.S.O. 1990, c. D.17, s. 51 (2); 2006, c. 19, Sched. A, s. 6 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (4) - 22/06/2006

• 52.
• 52Appeals

  52 (1) An owner of land assessed for the drainage works may appeal to the court of revision on any of the following grounds: 1. Any land or road has been assessed an amount that is too high or too low. 2. Any land or road that should have been assessed has not been assessed. 3. Due consideration has not been given to the use being made of the land. 2010, c. 16, Sched. 1, s. 2 (21). Notice of appeal (2) To appeal, the owner shall send a notice to the clerk of the initiating municipality setting out the grounds of the appeal at least 10 days before the first sitting of the court. 2010, c. 16, Sched. 1, s. 2 (21). Hearing of appeal (3) If notice of appeal is sent in accordance with subsection (2), the court of revision shall hear the appeal. 2010, c. 16, Sched. 1, s. 2 (21). Discretion of court of revision (4) If notice of appeal is not sent in accordance with subsection (2), the court of r…

• 53.
• 53Adjournment of court or Tribunal

  53 When the ground of appeal is that lands or roads are assessed too high and the evidence adduced satisfies the court of revision or Tribunal that the assessments on such lands or roads should be reduced and there is no evidence to indicate that the amount of such reduction should be levied against lands or roads whose owners are parties to appeals then pending before the court of revision or Tribunal, the court or Tribunal shall adjourn the hearing of the appeal for a time sufficient to enable the clerk to notify such persons as the appellant may specify who are shown by the last revised assessment roll to be owners of land affected of the date to which the hearing is adjourned, and the clerk shall so notify all such persons, and at such adjourned hearing the court or Tribunal shall dispose of the matter of appeal and, where appropriate, redistribute the assessments in such manner as a…

• 54.
• 54Appeal to Tribunal

  54 (1) Any party to an appeal before the court of revision may appeal to the Tribunal by giving notice addressed to the clerk of the Tribunal, given to the clerk of the initiating municipality, from the decision of the court of revision or from its omission, neglect or refusal to hear or decide an appeal within twenty-one days of the pronouncement of the decision of the court of revision or of any matter evidencing such omission, neglect or refusal. R.S.O. 1990, c. D.17, s. 54 (1); 2006, c. 19, Sched. A, s. 6 (1). Notice (2) The clerk of the Tribunal shall give ten days notice to an appellant of the time and place of the hearing of the appeal by the Tribunal. R.S.O. 1990, c. D.17, s. 54 (2); 2006, c. 19, Sched. A, s. 6 (1). Procedure (3) Every appeal shall be heard by the Tribunal by way of a new hearing and shall be disposed of by the Tribunal in such manner as it considers proper, and …

• 55.
• 55Evidence by engineer

  55 In any appeal to the court of revision or to the Tribunal in which the engineer is called upon to give evidence as to how an assessment was determined, the engineer shall give evidence before the appellant’s case is presented. R.S.O. 1990, c. D.17, s. 55; 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006

• 56.
• 56Clerk to alter assessments

  56 Any change in an assessment made by the court of revision or by the Tribunal shall be given effect to by the clerk of the local municipality altering the assessments and other parts of the schedule to comply therewith and sending notice thereof to the owners affected, and the provisional by-law shall, before the passing thereof, be amended to carry out any changes so made by the court of revision or by the Tribunal. R.S.O. 1990, c. D.17, s. 56; 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006

• 57.
• 57Referral back to engineer

  57 The council of the initiating municipality, at any time before passing the by-law, if it appears that there are or may be errors in the report of the engineer or that for any other reason the report should be reconsidered, may refer the report back to the engineer for reconsideration, and the engineer shall thereupon reconsider the report and shall further report to the council, which report has the same effect and shall be dealt with in the same manner and the proceedings thereon shall be the same as upon the original report. R.S.O. 1990, c. D.17, s. 57.

• 58.
• 58By-law may be passed

  58 (1) Where the council of an initiating municipality has adopted a report for the construction of a drainage works after the time for appealing has expired and there are no appeals or after all appeals have been decided, the council may pass the provisional by-law to which the engineer’s report was attached, thereby authorizing the construction of the drainage works, and work may be commenced ten days after the by-law is passed if no notice of intention to make application to quash the by-law has been filed with the clerk of the council. R.S.O. 1990, c. D.17, s. 58 (1); 2010, c. 16, Sched. 1, s. 2 (23). Quashing of by-law (2) If no notice of intention to make application to quash a by-law is filed with the clerk of the council within ten days after the passing of the by-law or, where a notice of intention has been given, if an application to quash is not made to the referee within thre…

• 59.
• 59Meeting to consider contract price

  59 (1) Where the contract price exceeds 133 per cent of the engineer’s estimate of the contract price, the council of the initiating municipality shall call a meeting in the manner prescribed by section 41, and sections 42 and 43 apply with necessary modifications. R.S.O. 1990, c. D.17, s. 59 (1). Council may proceed with construction (2) If at the close of the meeting the petition contains a sufficient number of names to comply with section 4, the council may proceed with the construction of the drainage works. R.S.O. 1990, c. D.17, s. 59 (2).

• 60.
• 60Municipalities required to raise cost

  60 The council of each local municipality to which a copy of the report is required to be sent under subsection 41 (1) shall raise and pay over to the treasurer of the initiating municipality its proportion of the cost of the construction of the drainage works within sixty days after the drainage works has been certified complete by the engineer or a drainage superintendent. R.S.O. 1990, c. D.17, s. 60; 1998, c. 18, Sched. A, s. 1 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (2) - 18/12/1998

• 61.
• 61Imposition of special assessment

  61 (1) The council of each local municipality that is required to raise the whole or any part of the cost of the drainage works shall by by-law impose upon the land assessed for the drainage works the assessment with which it is chargeable, and the amount so imposed is payable in such instalments as the council may prescribe. R.S.O. 1990, c. D.17, s. 61 (1). Commutation of special assessment (2) The council of any local municipality may provide that persons whose lands are assessed may commute for a payment in cash the assessments imposed thereon and may prescribe the terms and conditions thereof. R.S.O. 1990, c. D.17, s. 61 (2). Assessments of $50 or less (3) Where the assessment against any parcel of land is $50 or less, the council of the local municipality may provide that the assessment shall be paid out of the general funds of the municipality or that the assessment shall be paid i…

• 62.
• [s69]
• 62Amendment of by-law

  62 (1) Any by-law for the assessment upon the lands and roads liable to contribute for any drainage works that has been acted upon by the completion of the drainage works in whole or in part shall, where more than sufficient funds or where insufficient funds have been provided for the completion of or proper contribution towards the drainage works or for the redemption of the debentures authorized to be issued thereunder as they become payable, be amended, and, if lands and roads in any other municipality are assessed for the drainage works, the surplus or deficiency of money shall be divided proportionately among the contributing municipalities, and every such surplus or deficiency shall be applied by the council of the municipality proportionately according to the assessment in payment of the rates imposed by it for the drainage works. R.S.O. 1990, c. D.17, s. 62 (1). When lands and ro…

• [s70]

  Construction

• 63.
• 63Powers of contractor

  63 (1) The contractor and the contractor’s assistants when engaged in the construction, maintenance, improvement or repair of a drainage works may, with their equipment, enter upon whatever lands are necessary to complete the work within the working space designated in the engineer’s report. R.S.O. 1990, c. D.17, s. 63 (1). Penalty for obstruction (2) Every person who wilfully interferes with or obstructs the contractor or any of the contractor’s assistants in the exercise of the powers conferred by subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. D.17, s. 63 (2).

• 64.
• [s72]
• 64Appeal by owner of land

  64 Any owner of land dissatisfied with the quality of the construction of a drainage works constructed under this Act may, at any time during construction or up to one year from the date of completion of the drainage works as certified by the engineer or a drainage superintendent of the drainage works, appeal to the Tribunal on grounds to be stated. R.S.O. 1990, c. D.17, s. 64; 1998, c. 18, Sched. A, s. 1 (3); 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (3) - 18/12/1998 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006

• [s73]

  Special Provisions Changes in assessment

• 65.
• 65Subsequent subdivision of land

  65 (1) If, after the final revision of an engineer’s assessment of land for a drainage works, the land is divided by a change in ownership of any part, the clerk of the local municipality in which the land is situate shall instruct an engineer in writing to apportion the assessment among the parts into which the land was divided, taking into account the part of the land affected by the drainage works. 2010, c. 16, Sched. 1, s. 2 (26). Agreement on share of assessment (2) If the owners of the subdivided land mutually agree on the share of the drainage assessment that each should pay, they may enter into a written agreement and file it with the clerk of the local municipality and, if the agreement is approved by the council by resolution, no engineer need be instructed under subsection (1). 2010, c. 16, Sched. 1, s. 2 (26). Subsequent connection to drainage works, etc. (3) If an owner of l…

• 66.
• 66Repealed

  66 Repealed: 2010, c. 16, Sched. 1, s. 2 (26). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (26) - 25/10/2010

• 67.
• 67Tenant’s covenant to pay taxes, when to include drainage assessments

  67 Any agreement on the part of a tenant to pay the rates or taxes in respect of the demised land does not include the charges and assessments for a drainage works unless the agreement in express terms so provides, but, in cases of contract to purchase or of leases giving the lessee an option to purchase, the charges and assessments for a drainage works, in connection with which proceedings were commenced under this Act after the date of the contract or lease and which have already been paid by the owner, shall in the absence of any agreement to the contrary, be added to the price and shall be paid by the purchaser or the lessee where the purchaser or lessee exercises an option to purchase, but the amount still unpaid on the cost of the drainage works and charged against the lands shall be borne by the purchaser unless otherwise provided by the conveyance or agreement. R.S.O. 1990, c. D.…

• 68.
• 68Registration of by-law

  68 Where compensation has been paid to the owner of any land under section 32 or 33, the clerk of the local municipality shall cause to be registered in the proper land registry office a copy of the by-law adopting the report, exclusive of the plans, profiles and specifications of the drainage works, together with a statement of the amount paid and a description of the land in respect of which the amount was paid in the form prescribed in the regulations. R.S.O. 1990, c. D.17, s. 68.

• 69.
• 69Public utility or road authority, option to construct drainage works

  69 (1) Where a drainage works or a part thereof is to be constructed, improved, maintained or repaired upon, along, adjoining, under or across the lands, permanent way, transmission lines, power lines, wires, conduits or other permanent property of a public utility or road authority, the public utility or road authority may construct, improve, maintain or repair such drainage works or part. R.S.O. 1990, c. D.17, s. 69 (1). Non-exercise by public utility or road authority (2) Where the public utility or road authority does not exercise its powers under subsection (1) or does not complete such drainage works or part within a reasonable time and without unnecessary delay, such drainage works or part may be completed by the initiating municipality in the same manner as any other drainage works. R.S.O. 1990, c. D.17, s. 69 (2).

• 70.
• 70Fees of engineer part of cost

  70 The fees and expenditures of the engineer form part of the cost of the drainage works. R.S.O. 1990, c. D.17, s. 70.

• 71.
• 71Account of engineer

  71 The account of the engineer shall be set out in such detail as the council of the local municipality that appointed the engineer may require. R.S.O. 1990, c. D.17, s. 71.

• 72.
• 72Review by Tribunal

  72 (1) The council of the local municipality, within forty days after the engineer’s account is presented to the clerk of the municipality, may, on notice to the engineer, apply to the Tribunal, which shall review the account and make any alteration it considers just. R.S.O. 1990, c. D.17, s. 72 (1); 2006, c. 19, Sched. A, s. 6 (7). Appeal to referee (2) Where the account as confirmed or altered by the Tribunal exceeds $1,000, either party may, on notice to the other party, appeal the decision of the Tribunal to the referee, whose decision is final. R.S.O. 1990, c. D.17, s. 72 (2); 2006, c. 19, Sched. A, s. 6 (1). Non-requirement of notice (3) In any application made under subsection (1), it shall not be necessary to notify all persons assessed for the drainage works. R.S.O. 1990, c. D.17, s. 72 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1, 7) - 22/06…

• 73.
• [s82]
• 73Costs to be deemed part of cost of drainage works

  73 (1) Except where otherwise provided in this Act or by a decision on an appeal, the cost of any application, reference or appeal and the cost of temporary financing for the construction, improvement, repair and maintenance of a drainage works, shall form part of the cost of the drainage works. R.S.O. 1990, c. D.17, s. 73 (1). Cost of council meetings (2) The cost of council meetings and special council meetings shall not be included in the cost of the drainage works. R.S.O. 1990, c. D.17, s. 73 (2). Fees of clerk (3) The council of a local municipality may by by-law provide for payment to the clerk of the municipality of reasonable fees or other remuneration for services performed by the clerk in carrying out the provisions of this Act, but such fees or other remuneration shall not be deemed to form part of the cost of the drainage works. R.S.O. 1990, c. D.17, s. 73 (3).

• [s83]

  Maintenance, Repair and Improvement

• 74.
• 74Maintenance of drainage works and cost

  74 Any drainage works constructed under a by-law passed under this Act or any predecessor of this Act, relating to the construction or improvement of a drainage works by local assessment, shall be maintained and repaired by each local municipality through which it passes, to the extent that such drainage works lies within the limits of such municipality, at the expense of all the upstream lands and roads in any way assessed for the construction or improvement of the drainage works and in the proportion determined by the then current by-law pertaining thereto until, in the case of each municipality, such provision for maintenance or repair is varied or otherwise determined by an engineer in a report or on appeal therefrom. R.S.O. 1990, c. D.17, s. 74.

• 75.
• 75Service of copy of by-law on municipality liable for contribution and appeal from by-law

  75 (1) The council of any local municipality undertaking the repair of a drainage works without the report of an engineer, shall, before commencing the repairs, (a) give two readings to a by-law for undertaking such repairs, which by-law shall recite the description, extent and estimated cost of the repairs to be done and the amount to be contributed therefor by each local municipality affected by the drainage works and shall be known as a provisional by-law; and (b) serve upon the head or clerk of any municipality liable to contribute any portion of the cost of such repairs a copy of the provisional by-law, and the council of any municipality so served may, within forty days thereafter, appeal from such by-law to the Tribunal on the ground that work provided for in the by-law is unnecessary or that such drainage works has never been completed through the default or neglect of the munici…

• 76.
• 76Varying original assessments for maintenance

  76 (1) The council of any local municipality liable for contribution to a drainage works in connection with which conditions have changed or circumstances have arisen such as to justify a variation of the assessment for maintenance and repair of the drainage works may make an application to the Tribunal, of which notice has been given to the head of every other municipality affected by the drainage works, for permission to procure a report of an engineer to vary the assessment, and, in the event of such permission being given, such council may appoint an engineer for such purpose and may adopt the report but, if all the lands and roads assessed or intended to be assessed lie within the limits of one local municipality, the council of that municipality may procure and adopt such report without such permission. R.S.O. 1990, c. D.17, s. 76 (1); 2006, c. 19, Sched. A, s. 6 (1). Proceedings o…

• 77.
• 77Repealed

  77 Repealed: 2020, c. 18, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 4, s. 8 - 30/06/2021

• 78.
• 78Improving, upon examination and report of engineer

  78 (1) If a drainage works has been constructed under a by-law passed under this Act or any predecessor of this Act, and the council of the municipality that is responsible for maintaining and repairing the drainage works considers it appropriate to undertake one or more of the major improvement projects listed in subsection (1.1) for the better use, maintenance or repair of the drainage works or of lands or roads, the municipality may undertake and complete the project in accordance with the report of an engineer appointed by it and without the petition required by section 4. 2010, c. 16, Sched. 1, s. 2 (27); 2020, c. 18, Sched. 4, s. 9 (1). Projects (1.1) The major improvement projects referred to in subsection (1) are: 1. Changing the course of the drainage works. 2. Making a new outlet for the whole or any part of the drainage works. 3. Constructing a tile drain under the bed of the …

• 79.
• 79Power to compel repairs

  79 (1) Upon forty-five days notice served by any person affected by the condition of a drainage works, upon the head or clerk of the local municipality whose duty it is to maintain and repair the drainage works, the municipality is compellable by an order of the referee to exercise the powers and to perform the duties conferred or imposed upon it by this Act as to maintenance and repair or such of the powers and duties as to the referee appears proper, and the municipality is liable in damages to the owner whose property is so injuriously affected. R.S.O. 1990, c. D.17, s. 79 (1); 2010, c. 16, Sched. 1, s. 2 (29). Municipality liable for damages caused by non-repair (2) Despite subsection (1), the local municipality whose duty it is to maintain and repair drainage works shall not become liable in damages to any person affected by reason of the non-repair of the drainage works until after…

• 80.
• 80Person responsible for obstruction to remove it on notice

  80 (1) When a drainage works becomes obstructed by a dam, low bridge, fence, washing out of a private drain, or other obstruction, for which the owner or occupant of the land adjoining the drainage works is responsible, so that the free flow of the water is impeded thereby, the persons owning or occupying the land shall, upon reasonable notice sent by the council of the local municipality whose duty it is to maintain and repair the drainage works or by a drainage superintendent appointed by the council, remove such obstruction and, if it is not so removed within the time specified in the notice, the council or the drainage superintendent shall forthwith cause it to be removed, and the cost thereof is payable to the municipality by the owner or occupant of the land. R.S.O. 1990, c. D.17, s. 80 (1); 1998, c. 18, Sched. A, s. 1 (4); 2010, c. 16, Sched. 1, s. 2 (30). Collection of cost of re…

• 81.
• 81Removal of minor obstructions

  81 The council by by-law or resolution shall direct a drainage superintendent to remove from any drainage works all weeds and brushwood, fallen timber or other minor obstructions for which the owner or occupant of the lands adjacent to the drainage works may not be responsible, and the cost of such work is chargeable as part of the cost of maintenance of the drainage works. R.S.O. 1990, c. D.17, s. 81; 1998, c. 18, Sched. A, s. 1 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (5) - 18/12/1998

• 82.
• 82Municipality may sue for cost of damage to drainage works

  82 (1) A municipality in which a drainage works or part thereof is situate may bring an action for damages against any person who destroys or injures in any way a drainage works, including any bench mark or permanent level, and any damages ordered by the referee to be paid shall be paid to the municipality and used for the construction, improvement, maintenance or repair of the drainage works. R.S.O. 1990, c. D.17, s. 82 (1). Penalty for damage to drainage works (2) Every person who obstructs, fills up or injures or destroys by any means a drainage works is guilty of an offence and on conviction, in addition to liability in damages, is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than thirty days, or to both. R.S.O. 1990, c. D.17, s. 82 (2).

• 83.
• 83Repealed

  83 Repealed: 2010, c. 16, Sched. 1, s. 2 (31). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (31) - 25/10/2010

• 84.
• [s94]
• 84Abandonment of all or part of drainage works

  84 (1) If three-quarters of the owners of land assessed for benefit in respect of a drainage works, who, according to the last revised assessment roll, own not less than three-quarters of the area assessed for benefit as shown in the by-law or by-laws under which the drainage works exist, send a request asking for the abandonment of the whole or any part of the drainage works, the council of the initiating municipality shall, as soon as reasonably possible, send a notice to all of the owners of the land assessed for the drainage works stating its intention to abandon the drainage works or the part of the drainage works specified in the notice, unless, within 10 days of the date the municipality’s notice was sent, any owner sends a notice to the clerk of the municipality requesting that the report of an engineer be made on the proposed abandonment. 2010, c. 16, Sched. 1, s. 2 (32). Same (…

• [s95]

  Amendments to Engineer’s Report

• 85.
• 84.1Amendments to engineer’s report

  84.1 (1) This section applies with respect to engineer’s reports that are prepared for the purpose of a petition under section 4 or for the purpose of section 78 and that are adopted by a municipal by-law. 2020, c. 18, Sched. 4, s. 10. Approval process (2) The Minister may, by regulation, set out the process by which the engineer’s report may be amended and the process by which those amendments are to be approved. 2020, c. 18, Sched. 4, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 4, s. 10 - 30/06/2021

• 86.
• [s97]

  Grants

• 87.
• 85Provincial grants

  85 Grants may be made in respect of, (a) assessments made under this Act upon lands used for agricultural purposes, (i) for drainage works undertaken in accordance with section 4, 74 or 78 where a report of an engineer describing the current work has been adopted in accordance with this Act, and (ii) for maintenance, repair and minor improvements undertaken on the recommendation of a drainage superintendent within the budgeting limitations established by the Minister for that municipality; (b) costs incurred by the municipality in the employment of drainage superintendents; and (c) the total cost of preparing a preliminary report exclusive of the cost of preparing any benefit cost statement and any environmental appraisal. R.S.O. 1990, c. D.17, s. 85; 1998, c. 18, Sched. A, s. 1 (6, 7). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (6, 7) - 18/12/1998

• 88.
• 86When grants not to be made

  86 (1) Subject to subsection (2), grants shall not be made in respect of assessments made under this Act upon lands owned by Canada, Ontario or a municipality or in respect of the assessment of the cost of lateral drains. R.S.O. 1990, c. D.17, s. 86 (1). Exception (2) Grants may be made in respect of lands owned by Ontario and leased for agricultural purposes to a lessee with an option to purchase. R.S.O. 1990, c. D.17, s. 86 (2).

• 89.
• 87Payment of grant

  87 (1) The Minister, upon receipt of a completed application form, may pay to the treasurer of an initiating municipality a grant of, (a) 33 ⅓ per cent of the assessments eligible for a grant under section 85, if the drainage works is in a local municipality that is not within a territorial district; or (b) 66 ⅔ per cent of the assessments eligible for a grant under section 85, if the drainage works is in a local municipality within a territorial district. 2002, c. 17, Sched. F, Table. Grants in unorganized territory (2) Where a drainage works is in territory without municipal organization, an amount not exceeding 80 per cent of the assessments eligible for a grant under section 85 in respect of such drainage works may be paid by the Minister out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. D.17, s. 87 (2). Where drainage superintendents employed (3) Where one o…

• 90.
• [s101]
• 88Application for grant

  88 (1) Upon the practical completion of the drainage works and after the time for appealing against assessments has expired and there are no appeals or after all appeals against assessments have been decided, the council of the initiating municipality shall forward to the Director an application for a grant in such form as is provided by the Director. R.S.O. 1990, c. D.17, s. 88 (1). Grant re interest charges (2) No grant shall be paid in respect of interest charges on any drainage works accruing after 120 days from the completion thereof as certified by the engineer or a drainage superintendent. R.S.O. 1990, c. D.17, s. 88 (2); 1998, c. 18, Sched. A, s. 1 (9). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (9) - 18/12/1998

• [s102]
• 89Distribution

  89 (1) Where the drainage works is in two or more municipalities, the grant shall be distributed by the treasurer of the initiating municipality among all such municipalities in the proportion that the total of the assessments eligible for a grant in each municipality bears to the total of all assessments eligible for a grant in all of the municipalities. R.S.O. 1990, c. D.17, s. 89 (1). Grant to be applied to reduce assessments (2) The treasurer of each municipality shall apply the amount of the grant received by that municipality to reduce the assessment on each parcel of land in the municipality eligible for a grant in the proportion that each such assessment bears to the total of the assessments eligible for a grant in the municipality. R.S.O. 1990, c. D.17, s. 89 (2).