Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West, 2nd Floor NW
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, 2e étage NW
Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Spitler Creek Drain (RE) Township of South-West Oxford and Township of Norwich
Spitler Creek Drain (RE) 2024 ONAFRAAT 11
STATUTE:
HEARING:
April 24, 2024
April 24, 2024
004Spitler24
NEUTRAL CITATION:
2024 ONAFRAAT 11
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 South-West Oxford under Section 76 of the Drainage Act, with respect to the Spitler Creek Drain in the Township of South-West Oxford and the Township of Norwich.
BETWEEN:
Township of South-West Oxford Applicant – and – Township of Norwich Respondent
Self-Represented
Self-Represented
Before: Glenn C. Walker, Chair
DECISION OF THE TRIBUNAL
BACKGROUND
The Township of Southwest-Oxford has applied to the Tribunal pursuant to subsection 76(1) of the Drainage Act, R.S.O. 1990, c. D.17 for permission to procure a report of an engineer to vary the assessment for the Spitler Creek Drain.
The Townships advise that the last report was done in the mid 1970’s and that there have been many severances in the watershed since then. The Township of South-West Oxford also requires that Mt. Elgin be assessed as a block for its future stormwater finance fee.
The Township of South-West Oxford and the Township of Norwich have consented in writing to the application and have consented to have the application heard by a panel of one member.
CONCLUSION AND ORDER
I am satisfied that a new assessment schedule should be prepared.
Permission is granted to procure a report from an engineer to vary the assessments.
Dated at Chatham this 24th day of April 2024.