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# Agriculture, Food and Rural Affairs Appeal Tribunal
1 Stone Road West
Guelph, (Ontario) N1G 4Y2
Tel: (519) 826-3433, Fax: (519) 826-4232
Email: AFRAAT@ontario.ca
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales
1 Stone Road West
Guelph (Ontario) N1G 4Y2
Tél.: (519) 826-3433, Téléc.: (519) 826-4232
Email: AFRAAT@ontario.ca
**AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL**
**APPEAL:**
Goff Drain
Township of Blandford-Blenheim
Goff Drain (RE) 1997 ONAFRAAT 40
**STATUTE:**
Drainage Act
**HEARING:**
September 17, 1997
**DATE OF DECISION:**
September 30, 1997
1997-40
**NEUTRAL CITATION:**
1997 ONAFRAAT 40
Goff Drain
Township of Blandford-Blenheim
**IN THE MATTER OF:**
THE DRAINAGE ACT R.S.O. 1990, CHAPTER D.17, AS AMENDED.
**AND IN THE MATTER OF:**
An application to the Ontario Drainage Tribunal by the Township of Blandford-Blenheim requesting a modification to Township By Law No. 1110-96 the Goff Drain in the Township of Blandford-Blenheim
**Before:**
Mr. Vernon Spencer, Chair; Mr. Herb Todgham, Vice-Chair; Mr. John Taylor Vice Chair.
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## DECISION OF THE TRIBUNAL
This application was considered by the Tribunal on September 17, 1997. This application was considered by the Tribunal under Sub-Section 51(1) of the Drainage Act (the Act). Sub-Section 51(1) is as follows:
> 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.
## The Background
The Goff Drain in the Township of Blandford-Blenheim ( the township ) was constructed under a report signed by Mr. R. G. Walton, P. Eng. dated May 10, 1996 as adopted by By law 1110-96 which was finally passed on July 17, 1996. During construction problems were encountered which resulted in changes to the project. The township has filed with the Tribunal a report entitled Goff Drain 1996 Addendum No. 1 prepared by Mr. R. G. Walton P. Eng. dated July 7, 1997. This report describes the problems encountered and what was done to address the problems.
The July 7, 1997 report titled Goff Drain Addendum No. 1 was circulated by the township to the affected parties along with a notice giving them four weeks to file any complaints about the report with the township clerk. No complaints were received over the course of four weeks. The township is now applying to the Tribunal for an order to amend By law 1110-96 by making Addendum No. 1 part of the engineer’s report which is adopted by this By law. Under other circumstances the Tribunal is inclined to direct circulation of the proposed amendment with provision of an appeal directly to the Tribunal. In this application the township has already circulated the proposed revisions with an opportunity to file objections and none were filed. The Tribunal is satisfied that this is adequate notice to the affected parties of the requested change and takes note that none of the parties have objected,
In general terms this will have the effect of:
- Changing both the horizontal and vertical alignment of part of the Goff Drain 1996 resulting in an inverted siphon at the Union Gas pipeline crossing at approximately Station 2+800.
- Adding a 600mm x 600mm catchbasin at Station 3+250
- Providing additional allowances to T. and D. Burwell
- Increasing the estimated cost of the work
- Increasing the special assessment against Union Gas
- Making no other changes to the Assessment Schedule.
## ORDER OF THE TRIBUNAL
After careful consideration the Tribunal decided to use its authority under Section 51 of the Drainage Act and approve the requested amendments to By law 1110-96 but to do so on terms. Therefore the Tribunal orders that:
1. The engineer is directed to amend Addendum No. 1 to the Goff Drain 1996 report by adding thereto a summary paragraph in which is set out a list of all the differences between the original report dated May 10, 1996 and the project as completed such as, but not limited to, the materials used, the allowances paid, the cost and the assessments.
2. The engineer is directed to amend the Plan and Profile to show the “As Constructed” details of the project including but not limited to the alignment, grade, materials used and anything added or deleted, clearly marking the drawings as being “Amended by Order of the Tribunal September 30th, 1997”.
3. The Clerk of the Township of Blandford Blenheim is to modify By law 1110-96, Goff Drain 1996 to incorporate the amended Addendum No. 1 mentioned in Order 1 above, together with the amended Plan and Profile mentioned in Order 2 above.
4. After the By law has been modified it is to be mailed to all parties entitled to be sent a copy of the provisional by law under Section 46 of the Act along with a copy of this decision and a request that Addendum No. 1 (as amended) be attached to the report dated May 10, 1996 and that the drawings in the 1996 report be replaced with the amended Plan and Profile.
5. The report dated May 10, 1996, together with the Addendum No. 1 (as amended) and the amended Plan and Profile will henceforth define the Goff Drain 1996 for purposes of repair and maintenance under the Act.
6. 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 at Chatsworth, Ontario this 30th day of September, 1997.
minicounsel