Agriculture, Food and Rural Affairs Appeal Tribunal
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
APPEAL: Stan Erb Drain Township of East Zorra-Tavistock
Stan Erb Drain (RE) 2012 ONAFRAAT 15
STATUTE: Drainage Act
HEARING: May 31, 2012
DATE OF DECISION: June 1, 2012
2012-15
NEUTRAL CITATION: 2012 ONAFRAAT 15
Stan Erb Drain Township of East Zorra-Tavistock
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 Agriculture, Food and Rural Affairs Appeal Tribunal by the Township of East Zorra-Tavistock under Section 76 of the Drainage Act requesting permission to procure the report of an engineer for the purpose of varying the original assessments on the Stan Erb Drain.
Before: Harold McNeely, Vice-Chair; Enio Sullo, Vice Chair
DECISION OF THE TRIBUNAL
This application was considered by way of a written hearing on May 31, 2012.
Background
The watershed for the Stan Erb Drain straddles two municipalities: the Township of East Zorra-Tavistock and the Township of Perth East. The drain was constructed under an engineer’s report by H.M. Gibson, P. Eng. dated March 6, 1968. Due to changes in the drainage area over the years, the schedule of assessment forming part of that report and by-law is no longer workable.
The Issue
Should the application for permission to procure the report of an engineer be granted?
The Evidence
By way of a letter dated December 8, 2011, the Township of East Zorra-Tavistock gave notice to the Township of Perth East of their intent to seek permission from the Tribunal to engage an engineer to prepare a report for the purpose of varying the assessments on the Stan Erb Drain. The Township of Perth East consented to proceeding with the preparation of a report revising the Maintenance Schedule of the Stan Erb Drain, by way of a letter dated January 20, 2012.
By way of a letter dated May 14, 2012, Ms. Brenda Junker, Clerk for the Municipality of East Zorra-Tavistock submitted evidence as to the changes that have taken place within the Stan Erb Drain watershed since the 1968 engineer’s report and by-law.
According to Ms. Junker:
- The watershed for the Stan Erb Drain in the 1968 engineer’s report by H.M. Gibson, P. Eng., did not include any of the Village of Tavistock and very little of Sebastopol;
- In 1974 an engineer’s report for the Tavistock Drain 1974 was prepared by K. Smart, P. Eng. which diverted waters that were formerly in the Rudy Drain into the Stan Erb Drain;
- In 1995, an engineer’s report for the Shakespeare Drainage Works was prepared by R. Walton, P. Eng. which improved portions of the channel upstream of the Stan Erb Drain;
- Although the 1995 engineer’s report for the Shakespeare Drainage Works incorporated the increased watershed for the Stan Erb Drain resulting from the Tavistock Drain 1974, it did not provide an updated assessment for the Stan Erb Drain; and,
- In 2006, an engineer’s report for the Tavistock Drain 2006 by W. Dietrich, P. Eng. provided a secondary outlet for the Tavistock Drain into the Stan Erb Drain and added further drainage area but also did not provide an updated assessment for the Stan Erb Drain.
In support of her evidence, Ms. Junker submitted the following documents for the Tribunal’s reference and consideration:
- Notice by the Township of East Zorra-Tavistock to the Township of Perth East dated December 8, 2012 of their intent to procure the report of an engineer;
- Letter of consent from the Township of Perth East dated January 20, 2012, to procure the report of an engineer
- 1968 by-law no. 1713 and engineer’s report for the Stan Erb Drain;
- Engineer’s report for the Tavistock Drain 1974;
- Engineer’s report for the Shakespeare Drainage Works, 1995;
- Engineer’s report for the Tavistock Municipal Drain 2006;
- A drainage map for the Village of Tavistock; and,
- A drainage map for the Village of Shakespeare.
The Findings
The Tribunal finds that the request by the Township of East Zorra-Tavistock meets the requirements of Section 76 of the Drainage Act.
ORDER OF THE TRIBUNAL
The Tribunal grants permission to the Township of East-Zorra Township to appoint an engineer pursuant to Section 76 of the Drainage Act, to procure the report of an engineer to vary the assessments for the Stan Erb Drain.
Dated at Ottawa, Ontario this 1st day of June, 2012