MNR lacks jurisdiction under the Fisheries Act to demand modifications to municipal drains constructed under the Drainage Act.
The Township of Morris initiated an improvement to the Warwick Municipal Drain.
The Ministry of Natural Resources (MNR) objected, claiming the open portion of the drain was a fish habitat and its enclosure would violate the Fisheries Act.
The Township applied to amend the Engineer's Report to leave the portion open, while the appellants withdrew their appeal.
The Tribunal held that the MNR, acting as an agent for the federal Department of Fisheries and Oceans, has no jurisdiction to demand modifications to drainage works constructed under the provincial Drainage Act.
The Tribunal dismissed the Township's application to amend the report, ordered the construction to proceed as originally designed, and ordered the MNR to pay $500 in costs for the delay and expenses caused by its jurisdictional claims.
Warwick Municipal Drain Improvement 1994 (Re), 1995 ONAFRAAT 19
