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:
Bird Drain City of Sarnia
Bird Drain (RE) 1999 ONAFRAAT 6
STATUTE:
Drainage Act
HEARING:
March 2, 1999
March 2, 1999
1999-06
NEUTRAL CITATION:
1999 ONAFRAAT 6
Bird Drain City of Sarnia
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 City of Sarnia for permission to appoint an engineer to procure a report to vary the assessment for the BIRD DRAIN.
Before:
Andrew Osyany, Chair; Herbert Todgham, Vice-Chair; Russell Piper, Member.
DECISION OF THE TRIBUNAL
This application was filed by the City of Sarnia by letter dated February 22, 1999 and considered by the Ontario Drainage Tribunal (the Tribunal) on March 2, 1999. The City of Sarnia confirmed by letter dated February 18, 1999 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 City of Sarniai 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 Bird 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 Norwich, Ontario this 2nd day of March, 1999