Agriculture, Food and Rural Affairs Appeal Tribunal
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West, 2nd Floor NW 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 Courriel: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Holland Marsh Drainage Joint Municipal Service Board vs The Town of Bradford West Gwillimbury and The Township of King
Holland Marsh Drainage 2021AFRAAT12
STATUTE:
HEARING:
03 May 2021
21 June 21
003HollandMarsh21
NEUTRAL CITATION:
2021 ONAFRAAT 12
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 Holland Marsh Drainage System Joint Municipal Service Board, under Section 76(1) of the Drainage Act, with respect to the Holland Marsh Drainage System in the Town of Bradford West Gwillimbury and in the Township of King.
AND IN THE MATTER OF a written hearing pursuant to Rule 13 of the Tribunal’s Rules of Procedure.
BETWEEN:
Holland Marsh Drainage System Joint Municipal Service Board (“Service Board”) Applicant
– and –
The Town of Bradford West Gwillimbury The Township of King Respondents
Self-represented
Self-represented
Before: Katie DeBlock, Vice-Chair; Andrew McBride, Vice-Chair; and Dave Stevens, Member.
AMENDED DECISION OF THE TRIBUNAL
Background
1On February 24, 2021, the Agriculture, Food and Rural Affairs Appeal Tribunal (the “Tribunal”) received an Application pursuant S.76(1) of the Drainage Act, RSO 1990, c D.17 (the “Drainage Act”) from the Holland Marsh Drainage System Joint Municipal Service Board (the “Board”) seeking permission from the Tribunal to procure the report of an engineer to vary the Schedule of Assessment prepared in 1990 by Young-Smart Engineering Company (the “Schedule of Assessment”).
2The Tribunal provided a Notice of Written Hearing dated March 25, 2021 to the following parties:
- Holland Marsh Drainage System Joint Municipal Services Board
- The Town of Bradford West Gwillimbury
- The Township of King
- All persons assessed on the Schedule of Assessment.
3The Notice of Hearing set out the following procedure for the hearing:
- By April 15, 2021, any person assessed on the Schedule of Assessment who wished to participate was to notify the Secretary-Treasurer of the Board;
- By April 16, 2021, the Secretary-Treasurer of the Board was to provide the Tribunal and all participating parties a list of all persons assessed who intended to participate;
- By April 30, 2021, all parties were required to submit to the Tribunal, and to all participating parties, one copy of all documents and submissions; and
- By May 3, 2021, the Secretary-Treasurer of the Board was to make one copy of all filed documents and submissions available for review in the office of the Board.
4Nine (9) persons assessed on the Schedule of Assessment indicated that they wished to participate. None of these persons submitted documents or submissions.
Decision and Reasons
5Pursuant s.76(1) of the Drainage Act, 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 for permission to procure a report of an engineer to vary the assessment.
6The Board’s evidence outlines that, due to the development or hardening of the agricultural land in the Holland Marsh that has been occurring over the years, there has been a change in conditions that justifies a variation of the Schedule of Assessment.
7None of the assessed persons notified of the Application submitted evidence disagreeing with the request in the Application or indicating that a variation of the assessment is not justified.
ORDER OF THE TRIBUNAL
8The Tribunal grants permission for the Holland Marsh Drainage System Joint Municipal Service Board to procure a report of an engineer to vary the Schedule of Assessment prepared in 1990 by Young-Smart Engineering Company.
Dated at Mitchell, Ontario this 18th day of June, 2021.
Amended decision released: June 21, 2021