Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West, 2nd Floor NW
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West, 2e étage 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:
Bailey Creek Municipal Drain (RE) Township of Adjala-Tosorontio vs Town of Mono and Township of New Tecumseth
Bailey Creek Municipal Drain (RE)
STATUTE:
HEARING:
June 3, 2022
DATE OF DECISION:
August 26, 2022
005BaileyCreek22
NEUTRAL CITATION:
2022 ONAFRAAT 19
FILE NO.: 005BaileyCreek22
DATE: 2022/08/26
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 Adjala-Tosorontio, under Section 76(1) of the Drainage Act, with respect to the Bailey Creek Municipal Drain in the Township of Adjala-Tosorontio.
AND IN THE MATTER OF a written hearing pursuant to Rule 17 of the Tribunal’s Rules of Procedure.
BETWEEN:
Township or Adjala-Tosorontio Applicant – and – Town of Mono, and Town of New Tecumseth Respondents
Self-Represented
Self-Represented Heard: In Writing
Before: Katie DeBlock Boersma, Vice-Chair, and John Johnson, Member
TRIBUNAL DECISION
Background
1On May 19, 2022, 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 Township of Adjala-Tosorontio (the “Township”) seeking permission from the Tribunal to procure the report of an engineer to vary the Schedule of Assessment prepared in 1924 for the section of the Bailey Creek Municipal Drain located in the Township (the “Schedule of Assessment”).
2The Tribunal provided a Notice of Written Hearing dated June 3, 2022 to the following parties:
- The Township of Adjala-Tosorontio
- The Town of Mono
- The Town of New Tecumseth
- All persons assessed on the Schedule of Assessment
3The Notice of Hearing set out the following procedure for the hearing:
- By June 24, 2022 any person assessed on the Schedule of Assessment who wished to participate notify the Secretary-Treasurer of the Board;
- By June 30, 2022 the Secretary-Treasurer of the Board provide the Tribunal and all participating parties a list of all persons assessed who intend to participate;
- By July 15, 2022 all parties were required to submit to the Tribunal and all participating parties one copy of all documents and submissions;
- By July 20, 2022 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.
4Three (3) 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 engineering to vary the assessment.
6The Board’s evidence outlines that due to only one-third of the total watershed area being assessed under the Schedule of Assessment and numerous land use changes and severances occurring since that time, there has been a change in conditions that justify 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 Township of Adjala-Tosorontio to procure a report of an engineer to vary the Schedule of Assessment prepared in 1924 for the section of the Bailey Creek Municipal Drain located in the Township of Adjala-Tosorontio.
Released: August 26, 2022