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:
North Branch Butler Drain Township of Zone
North Branch Butler Drain (RE) 1997 ONAFRAAT 42
STATUTE:
Drainage Act
HEARING:
October 2, 1997
October 2, 1997
1997-42
NEUTRAL CITATION:
1997 ONAFRAAT 42
North Branch Butler Drain
Township of Zone
IN THE MATTER OF THE DRAINAGE ACT R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF:
An application under Section 76 of the Drainage Act by the Corporation of the Township of ZONE for permission to appoint an engineer to procure a report to vary the assessment for the NORTH BRANCH BUTLER DRAIN
Before:
Mr. Andrew Osyany, Vice-Chair; Mr. Herbert Todgham, Vice-Chair; Mrs. Betty Lambert, Member; Mr. Russell Piper, Member
DECISION OF THE TRIBUNAL
This application was filed by the Township of Zone by letter dated August 26, 1997 and considered by the Ontario Drainage Tribunal (the Tribunal) on October 2, 1997. The Township of Euphemia confirmed by letter dated September 18, 1997 that the Township had no objections to the Tribunal granting the application.
Section 76 of the Act is as follows:
- (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 the Corporation of the Township of Zone 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 North Branch Butler 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 at Port Colborne, Ontario this 2nd day of October, 1997.