Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West
Guelph, (Ontario) N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca
Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
St. Michaels-Donohue Municipal Drain Township of Bromley
St. Michaels-Donohue Municipal Drain (RE) 1997 ONAFRAAT 20
STATUTE:
Drainage Act
HEARING:
March 20, 1997
May 26, 1997
1997-20
NEUTRAL CITATION:
1997 ONAFRAAT 20
St. Michaels-Donohue Municipal Drain Township of Bromley
IN THE MATTER OF: THE DRAINAGE ACT R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF: An Appeal to the Ontario Drainage Tribunal by Rev. K.P. Bradley, Desmond Enright, and Sylvester Power (for Roman Catholic Episcopal) and Kevin Donohue under Sections 48 (a), (b) and (c) of the Drainage Act and by the Renfrew County Roman Catholic Separate School Board under Section 54 of the Drainage Act from the decision of the Court of Revision with respect to the St. Michaels-Donohue Municipal Drain, Township of Bromley.
Before: Mr. Herb Todgham, Vice-Chair; Mr. John Taylor, Vice-Chair; Mr. Ron MacDonell, Member.
Appearances: Mr. Donald Good, counsel to the appellant Mr. Kevin Donohue. Mr. Don Dowdell, for the appellant the Renfrew County Roman Catholic Separate School Board. Mr. Sylvester Power representing the St. Michaels Parish Church. David A. Stewart, on behalf of the respondent the Township of Bromley.
DECISION OF THE TRIBUNAL
This appeal was heard in Douglas, Ontario on March 20, 1997. Mrs. Lauretta Rice, Clerk-Treasurer of the Township of Bromley (the township) performed the duties of the Clerk of the Ontario Drainage Tribunal (the Tribunal).
Several landowners appealed to the Tribunal under Sections 54 and 48 of the Drainage Act (the Act) from the engineer's report on the St. Michaels-Donohue Municipal Drain in the township.
The Tribunal considered the appeals and issued an interim order under date of March 26, 1997 instructing the township to conduct further investigations.
The township has completed the Tribunal instructions and Mr. Jim McIntosh, the engineer appointed by the township for this drain, has reported to the Tribunal under date of May 7, 1997, that a solution to the problem that is acceptable to the affected landowners has been found.
ORDER OF THE TRIBUNAL
Based on the May 7, 1997 report from Mr. McIntosh, the Tribunal orders that:
The township is to refer the August 20, 1996 report on the St. Michaels-Donohue Municipal Drain back to the engineer for modification incorporating (a) the agreed-upon solution as outlined in the minutes of the meeting of landowners held April 1, 1997. (b) the amended assessment schedule for the cost of this revised solution dated April 27, 1997 and circulated to the property owners for their approval.
Following the modification of the report by the engineer, a copy of the report is to be sent by the township, by prepaid mail, to each owner shown on the schedule of assessment, together with a notice giving each owner 15 days from the date of the mailing of the notice (which date is to be specified in the notice) to file in writing any objections with the Clerk of the township who will forthwith forward a copy of the objection to the Tribunal.
If there are no objections filed with the Clerk of the township within the specified time, the report as modified and circulated to the ratepayers is confirmed and the Council may proceed to pass a By-law authorising the work without the need for a Court of Revision or other appeals to the Tribunal.
If an objection is filed, the Tribunal will decide how to deal with the objection before the Council takes any further action on the project.
The Tribunal wishes to commend the Council and staff of the township and Mr. McIntosh for their efforts in resolving the issues relative to this drain to the benefit of the ratepayers in the township.
Dated at Chatham, Ontario this 26th day of May, 1997