Agriculture, Food and Rural Affairs
Appeal Tribunal
1Stone 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:
Irwin Drain
Township of Gosfield North
Irwin Drain (RE) 1998 ONAFRAAT 5
STATUTE:
Drainage Act
HEARING:
January 26, 1998
DATE OF DECISION:
January 26, 1998
1998-05
NEUTRAL CITATION:
1998 ONAFRAAT 5
Irwin Drain
Township of Gosfield North
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 Gosfield North for permission to appoint an engineer to procure a report to vary the assessment for the IRWIN DRAIN.
Before:
Vernon Spencer, Chair; Andrew Wright, Vice-Chair; Russell Piper, Member.
DECISION OF THE TRIBUNAL
This application was filed by the Township of Gosfield North by letter dated January 9, 1998 and considered by the Ontario Drainage Tribunal (the Tribunal) on January 26, 1998. The Township of Mersea confirmed by letter dated January 12, 1998 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 Gosfield North 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 Irwin 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 Chatsworth Ontario this 26th day of January, 1998