ONTARIO DRAINAGE TRIBUNAL
APPEAL:
GREGORY DRAIN (RE)
Township of Raleigh
GREGORY DRAIN (RE), 1996 ONAFRAAT 10
STATUTE:
Drainage Act
HEARING:
No Hearing
May 16, 1996
NEUTRAL CITATION:
1996 ONAFRAAT 10
GREGORY DRAIN
TOWNSHIP OF RALEIGH
AND IN THE MATTER OF:
An application under section 76 of the Drainage Act by the Township of Raleigh for permission to appoint an engineer to procure the report of an engineer to vary the assessment for the GREGORY DRAIN.
Before:
Mr. Vernon Spencer, Chair; Mr. Andrew Osyany, Vice Chair; Mr. Russell Piper, Member.
DECISION OF THE TRIBUNAL
This application was filed by the Township of Raleigh by letter dated March 27, 1996 and considered by the Ontario Drainage Tribunal (the Tribunal) on May 16, 1996. The Township of Harwich confirmed by letter dated May 9, 1996 that the Township had no objections to the Tribunal granting the application.
Section 76 of the Act is as follows:
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.
After consideration of the submissions made, the Tribunal decided to grant Raleigh Township permission of the Tribunal to appoint an engineer under Section 76 of the Drainage Act to procure a report to vary the assessment on the Gregory Drain.
It is ordered that there be no order as to costs, and all parties are responsible for their own costs.
Attention is drawn to Section 73 of the Act. Dated this 16th day of May 1996