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:
Hambly-Sabourin Drain 2001 and Beaulac-Beach Drain 2001 Township of Brethour
Hambly-Sabourin Drain 2001 and Beaulac-Beach Drain 2001 (RE) [Second Interim Order] 2003 ONAFRAAT 13
STATUTE:
Drainage Act
HEARING:
November 8, 2002
DATE OF DECISION:
May 12, 2003
2003-13
NEUTRAL CITATION:
2003 ONAFRAAT 13
Hambly-Sabourin Drain 2001 and Beaulac-Beach Drain 2001[Second Interim Order] Township of Brethour
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 Agriculture, Food and Rural Affairs Appeal Tribunal by Gary Beach, Belle Vallée, Kenneth Hambly, Belle Vallée and Richard S. Gosselin, Belle Vallée, under Sections 48 and 54 of the Drainage Act from the decision of the Court of Revision and the Engineer’s Report on the Hambly-Sabourin and Beaulac-Beach Municipal Drain in the Township of Brethour.
Before: Andrew Osyany, Vice Chair: Yvon Simoneau, Vice Chair; George Klosler, Member.
Appearances: Al Fraser on behalf of Gary Beach, appellant. Kenneth Hambly, appellant. Richard Gosselin, appellant. Ken Smart P. Eng., on behalf of K. Smart Associates Ltd. Evelyn Hambly, assessed landowner. Murray Beach, assessed landowner. Dorothy White, on behalf of the Township of Brethour.
SECOND INTERIM DECISION OF THE TRIBUNAL
This appeal was heard in Belle Vallée, Ontario on November 8, 2002. Mr. Gary Beach, Belle Vallée, Mr. Kenneth Hambly, Belle Vallée and Mr. Richard S. Gosselin, Belle Vallée appealed under Sections 48 and 54 of the Drainage Act (the Act) from the decision of the Court of Revision and the Engineer’s Report dated July 12, 2002 (the report) on the Hambly-Sabourin and Beaulac-Beach Municipal Drain in the Township of Brethour (the municipality).
On February 11, 2002, the panel made an order in this matter, which provided as follows:
Her Majesty the Queen in the right of the Province of Ontario as represented by the Minister of Agriculture is added as a party to the proceedings, as representing the property owners in Quebec, as if they were located within the Province of Ontario.
Her Majesty the Queen in the right of the Province of Ontario as represented by the Minister of Agriculture shall be forthwith served by the Tribunal Office with a copy of this order and the exhibits filed in the hearing.
Upon the written request of Her Majesty the Queen in the right of the Province of Ontario as represented by the Minister of Agriculture within 60 days of the release of this order, the panel will reconvene the hearing to deal with all issues, so as to allow the participation of Her Majesty the Queen in the right of the Province of Ontario as represented by the Minister of Agriculture regarding all issues.
Failing the written request of Her Majesty the Queen in the right of the Province of Ontario as represented by the Minister of Agriculture to reconvene the hearing to deal with all issues, this panel shall receive written submissions from all parties as to the proper method of assessing the costs of the drainage works in regard to the costs properly attributable to the lands in the Province of Quebec.
The Tribunal shall appoint a date by which all written submissions shall be filed with the Tribunal office and the Tribunal office shall circulate all written submissions to all parties making written submissions, who then shall have a specified time limit to file written replies with the Tribunal office.
Parties may within 60 days of the release of this order make written applications to this panel for clarifications and amendments of this order.
No party has made an application for clarifications or amendments of the Tribunal’s order. A written submission, dated March 14, 2003, and received at the Tribunal Office on April 17, 2003, from the Director, Resources Management Branch, Ministry of Agriculture and Food takes the position that the Tribunal has no authority to order the addition of Her Majesty the Queen in right of the Province of Ontario as a party to this hearing. A copy of this submission is attached to this order as Schedule “A”.
This panel is of the view that its Interim Decision was properly made, and this panel will continue with the process of completing the hearing and rendering a decision. In the event that this panel is in error, then affected parties may make appropriate applications to correct the error.
Because Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Agriculture, has not requested participation in any aspect of the hearing, the only issue on which the panel requires further submissions is as to the proper method of assessing the costs of the drainage works in regard to the costs properly attributable to the lands in the Province of Quebec.
SECOND INTERIM ORDER OF THE TRIBUNAL
After careful consideration of the evidence filed and the submissions made the Tribunal orders:
All parties to this hearing shall be at liberty to file with the Tribunal Office written submissions as to the proper method of assessing the costs of the drainage works in regard to the costs properly attributable to the lands in the Province of Quebec.
All written submissions shall be filed with the Tribunal Office on or before June 5, 2003.
On June 6, 2003, the Tribunal Office shall circulate all written submissions to those parties who have filed written submissions with the Tribunal Office, and all parties shall have the right to file replies to the written submissions with the Tribunal Office on or before June 20, 2003.
This order shall be served by the Tribunal Office by prepaid ordinary mail, fax, or personal delivery upon Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Agriculture and Food. The Clerk of the Municipality shall serve this order by prepaid ordinary mail, fax, or personal delivery on all parties who appeared at the hearing on November 8, 2002.
Dated at Shelburne, Ontario this 12th, day of May 2003.
Schedule “A” – Director, Resources Management Branch, Ministry of Agriculture and Food, letter dated March 14, 2003