jswizzle3737/ontario_laws_and_regs huggingface dataset:
60 The council of each local municipality to which a copy of the report is required to be sent under subsection 41 (1) shall raise and pay over to the treasurer of the initiating municipality its proportion of the cost of the construction of the drainage works within sixty days after the drainage works has been certified complete by the engineer or a drainage superintendent.  R.S.O. 1990, c. D.17, s. 60; 1998, c. 18, Sched. A, s. 1 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (2) - 18/12/1998
61 (1) The council of each local municipality that is required to raise the whole or any part of the cost of the drainage works shall by by-law impose upon the land assessed for the drainage works the assessment with which it is chargeable, and the amount so imposed is payable in such instalments as the council may prescribe.  R.S.O. 1990, c. D.17, s. 61 (1). Commutation of special assessment (2) The council of any local municipality may provide that persons whose lands are assessed may commute for a payment in cash the assessments imposed thereon and may prescribe the terms and conditions thereof.  R.S.O. 1990, c. D.17, s. 61 (2). Assessments of $50 or less (3) Where the assessment against any parcel of land is $50 or less, the council of the local municipality may provide that the assessment shall be paid out of the general funds of the municipality or that the assessment shall be paid in the first year in which the assessment is imposed upon the land assessed.  R.S.O. 1990, c. D.17, s. 61 (3). Priority lien (4) The assessments and rates imposed under this Act shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.  2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 14. Lands exempt from taxation to be assessed (5) Land exempt from taxation under the Assessment Act is subject to this Act for all purposes, including being subject to assessment for the cost of a drainage works.  2010, c. 16, Sched. 1, s. 2 (25). Responsibility for paying assessment (6) An assessment under this Act that falls due while the land is exempt from taxation under the Assessment Act shall be paid, (a) by the owner of the land if the owner has signed the petition to undertake the drainage works; (b) by the owner of the land if the land is, (i) land on which a church or other place of worship has been erected and which is used for that purpose, (ii) land of a university, college or seminary of learning, whether vested in a trustee or otherwise, (iii) land of a board of an elementary or secondary school, as defined in the Education Act, or (iv) land owned by an upper-tier municipality; or (c) by the municipality that imposed the assessment in all other cases.  2010, c. 16, Sched. 1, s. 2 (25). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 14 - 01/01/2007 2010, c. 16, Sched. 1, s. 2 (25) - 25/10/2010
62 (1) Any by-law for the assessment upon the lands and roads liable to contribute for any drainage works that has been acted upon by the completion of the drainage works in whole or in part shall, where more than sufficient funds or where insufficient funds have been provided for the completion of or proper contribution towards the drainage works or for the redemption of the debentures authorized to be issued thereunder as they become payable, be amended, and, if lands and roads in any other municipality are assessed for the drainage works, the surplus or deficiency of money shall be divided proportionately among the contributing municipalities, and every such surplus or deficiency shall be applied by the council of the municipality proportionately according to the assessment in payment of the rates imposed by it for the drainage works.  R.S.O. 1990, c. D.17, s. 62 (1). When lands and roads in another municipality assessable (2) Where a by-law provides insufficient funds and lands and roads in another municipality are assessed for the drainage works, the council of the initiating municipality shall appoint an engineer to make an examination of the drainage works and report upon it with an estimate of the cost of completion for which sufficient funds have not been provided under the original by-law, and shall notify the heads of the other local municipalities as in the case of the original report, and the council of any municipality so notified has a right of appeal to the Tribunal in the manner provided by section 50 on the grounds of the improper expending or unlawful or other application of the drainage money already raised and is subject to the same duty, as to raising and paying over its share of the money to be raised, as in the case of the original by-law.  R.S.O. 1990, c. D.17, s. 62 (2); 2006, c. 19, Sched. A, s. 6 (1). Responsibility of owner for payment (3) Where any allowance or compensation has been determined for an owner under sections 29 to 33, the council may, where the amount so determined is less than the total amount owing from that owner, deduct from that total the amount so determined and the owner shall be responsible for paying the balance in the manner prescribed by the by-law.  R.S.O. 1990, c. D.17, s. 62 (3). Payment of balance (4) Where any allowance or compensation mentioned in subsection (3) exceeds the total amount owing by the owner, the municipality shall pay the balance to the owner.  R.S.O. 1990, c. D.17, s. 62 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 Construction
63 (1) The contractor and the contractor’s assistants when engaged in the construction, maintenance, improvement or repair of a drainage works may, with their equipment, enter upon whatever lands are necessary to complete the work within the working space designated in the engineer’s report.  R.S.O. 1990, c. D.17, s. 63 (1). Penalty for obstruction (2) Every person who wilfully interferes with or obstructs the contractor or any of the contractor’s assistants in the exercise of the powers conferred by subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000.  R.S.O. 1990, c. D.17, s. 63 (2).
64 Any owner of land dissatisfied with the quality of the construction of a drainage works constructed under this Act may, at any time during construction or up to one year from the date of completion of the drainage works as certified by the engineer or a drainage superintendent of the drainage works, appeal to the Tribunal on grounds to be stated.  R.S.O. 1990, c. D.17, s. 64; 1998, c. 18, Sched. A, s. 1 (3); 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (3) - 18/12/1998 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 Special Provisions Changes in assessment
67 Any agreement on the part of a tenant to pay the rates or taxes in respect of the demised land does not include the charges and assessments for a drainage works unless the agreement in express terms so provides, but, in cases of contract to purchase or of leases giving the lessee an option to purchase, the charges and assessments for a drainage works, in connection with which proceedings were commenced under this Act after the date of the contract or lease and which have already been paid by the owner, shall in the absence of any agreement to the contrary, be added to the price and shall be paid by the purchaser or the lessee where the purchaser or lessee exercises an option to purchase, but the amount still unpaid on the cost of the drainage works and charged against the lands shall be borne by the purchaser unless otherwise provided by the conveyance or agreement.  R.S.O. 1990, c. D.17, s. 67.
68 Where compensation has been paid to the owner of any land under section 32 or 33, the clerk of the local municipality shall cause to be registered in the proper land registry office a copy of the by-law adopting the report, exclusive of the plans, profiles and specifications of the drainage works, together with a statement of the amount paid and a description of the land in respect of which the amount was paid in the form prescribed in the regulations.  R.S.O. 1990, c. D.17, s. 68.
69 (1) Where a drainage works or a part thereof is to be constructed, improved, maintained or repaired upon, along, adjoining, under or across the lands, permanent way, transmission lines, power lines, wires, conduits or other permanent property of a public utility or road authority, the public utility or road authority may construct, improve, maintain or repair such drainage works or part.  R.S.O. 1990, c. D.17, s. 69 (1). Non-exercise by public utility or road authority (2) Where the public utility or road authority does not exercise its powers under subsection (1) or does not complete such drainage works or part within a reasonable time and without unnecessary delay, such drainage works or part may be completed by the initiating municipality in the same manner as any other drainage works.  R.S.O. 1990, c. D.17, s. 69 (2).
70 The fees and expenditures of the engineer form part of the cost of the drainage works.  R.S.O. 1990, c. D.17, s. 70.
71 The account of the engineer shall be set out in such detail as the council of the local municipality that appointed the engineer may require.  R.S.O. 1990, c. D.17, s. 71.
72 (1) The council of the local municipality, within forty days after the engineer’s account is presented to the clerk of the municipality, may, on notice to the engineer, apply to the Tribunal, which shall review the account and make any alteration it considers just.  R.S.O. 1990, c. D.17, s. 72 (1); 2006, c. 19, Sched. A, s. 6 (7). Appeal to referee (2) Where the account as confirmed or altered by the Tribunal exceeds $1,000, either party may, on notice to the other party, appeal the decision of the Tribunal to the referee, whose decision is final.  R.S.O. 1990, c. D.17, s. 72 (2); 2006, c. 19, Sched. A, s. 6 (1). Non-requirement of notice (3) In any application made under subsection (1), it shall not be necessary to notify all persons assessed for the drainage works.  R.S.O. 1990, c. D.17, s. 72 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1, 7) - 22/06/2006
73 (1) Except where otherwise provided in this Act or by a decision on an appeal, the cost of any application, reference or appeal and the cost of temporary financing for the construction, improvement, repair and maintenance of a drainage works, shall form part of the cost of the drainage works.  R.S.O. 1990, c. D.17, s. 73 (1). Cost of council meetings (2) The cost of council meetings and special council meetings shall not be included in the cost of the drainage works.  R.S.O. 1990, c. D.17, s. 73 (2). Fees of clerk (3) The council of a local municipality may by by-law provide for payment to the clerk of the municipality of reasonable fees or other remuneration for services performed by the clerk in carrying out the provisions of this Act, but such fees or other remuneration shall not be deemed to form part of the cost of the drainage works.  R.S.O. 1990, c. D.17, s. 73 (3). Maintenance, Repair and Improvement
74 Any drainage works constructed under a by-law passed under this Act or any predecessor of this Act, relating to the construction or improvement of a drainage works by local assessment, shall be maintained and repaired by each local municipality through which it passes, to the extent that such drainage works lies within the limits of such municipality, at the expense of all the upstream lands and roads in any way assessed for the construction or improvement of the drainage works and in the proportion determined by the then current by-law pertaining thereto until, in the case of each municipality, such provision for maintenance or repair is varied or otherwise determined by an engineer in a report or on appeal therefrom.  R.S.O. 1990, c. D.17, s. 74.
75 (1) The council of any local municipality undertaking the repair of a drainage works without the report of an engineer, shall, before commencing the repairs, (a) give two readings to a by-law for undertaking such repairs, which by-law shall recite the description, extent and estimated cost of the repairs to be done and the amount to be contributed therefor by each local municipality affected by the drainage works and shall be known as a provisional by-law; and (b) serve upon the head or clerk of any municipality liable to contribute any portion of the cost of such repairs a copy of the provisional by-law, and the council of any municipality so served may, within forty days thereafter, appeal from such by-law to the Tribunal on the ground that work provided for in the by-law is unnecessary or that such drainage works has never been completed through the default or neglect of the municipality whose duty it was to do the work.  R.S.O. 1990, c. D.17, s. 75 (1); 2006, c. 19, Sched. A, s. 6 (8). Council to furnish amount required (2) The council of every municipality served with a copy of the provisional by-law shall, forthwith after the time for appealing from such by-law has expired and there are no appeals or after all appeals have been decided, pass a by-law to raise the amount assessed against lands and roads in the municipality, as stated in the provisional by-law or as determined on appeal therefrom, and shall pay over such amount within a reasonable time to the treasurer of the initiating municipality.  R.S.O. 1990, c. D.17, s. 75 (2). When levy for maintenance required (3) The council of any municipality shall not be required to assess and levy the amount charged for maintenance or repair of a drainage works more than once in every five years if the total expense incurred does not exceed the sum of $5,000, in which case section 474.10.13 of the Municipal Act, 2001 does not apply.  R.S.O. 1990, c. D.17, s. 75 (3); 2017, c. 23, Sched. 5, s. 27; 2021, c. 4, Sched. 6, s. 42. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (8) - 22/06/2006 2017, c. 23, Sched. 5, s. 27 - 03/04/2018 2021, c. 4, Sched. 6, s. 42 - 01/06/2020
76 (1) 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, of which notice has been given to the head of every other municipality affected by the drainage works, for permission to procure a report of an engineer to vary the assessment, and, in the event of such permission being given, such council may appoint an engineer for such purpose and may adopt the report but, if all the lands and roads assessed or intended to be assessed lie within the limits of one local municipality, the council of that municipality may procure and adopt such report without such permission.  R.S.O. 1990, c. D.17, s. 76 (1); 2006, c. 19, Sched. A, s. 6 (1). Proceedings on report of engineer (2) The proceedings upon such report, excepting appeals, shall be the same, as nearly as may be, as upon the report for the construction of the drainage works.  R.S.O. 1990, c. D.17, s. 76 (2). Appeal from report of engineer (3) Any council served with a copy of such report may, within forty days of such service, appeal to the Tribunal from the finding of the engineer as to the portion of the cost of the drainage works for which the municipality is liable.  R.S.O. 1990, c. D.17, s. 76 (3); 2006, c. 19, Sched. A, s. 6 (1). Appeal from assessment (4) Any owner of land assessed for maintenance or repair may appeal from the assessment in the report on the grounds and in the manner provided by section 52 in the case of the construction of the drainage works.  R.S.O. 1990, c. D.17, s. 76 (4). Basis of future assessments (5) An assessment determined under this section shall thereafter, until it is further varied, form the basis of any assessment for maintenance or repair of the drainage works affected thereby.  R.S.O. 1990, c. D.17, s. 76 (5). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 77 Repealed: 2020, c. 18, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 4, s. 8 - 30/06/2021
78 (1) If a drainage works has been constructed under a by-law passed under this Act or any predecessor of this Act, and the council of the municipality that is responsible for maintaining and repairing the drainage works considers it appropriate to undertake one or more of the major improvement projects listed in subsection (1.1) for the better use, maintenance or repair of the drainage works or of lands or roads, the municipality may undertake and complete the project in accordance with the report of an engineer appointed by it and without the petition required by section 4.  2010, c. 16, Sched. 1, s. 2 (27); 2020, c. 18, Sched. 4, s. 9 (1). Projects (1.1) The major improvement projects referred to in subsection (1) are: 1. Changing the course of the drainage works. 2. Making a new outlet for the whole or any part of the drainage works. 3. Constructing a tile drain under the bed of the whole or any part of the drainage works. 4. Constructing, reconstructing or extending embankments, walls, dykes, dams, reservoirs, bridges, pumping stations or other protective works in connection with the drainage works. 5. Extending the drainage works to an outlet. 5.1 Improving or altering the drainage works if the drainage works is located on more than one property. 6. Covering all or part of the drainage works. 7. Consolidating two or more drainage works. 8. Any other activity to improve the drainage works, other than an activity prescribed by the Minister as a minor improvement.  2010, c. 16, Sched. 1, s. 2 (27); 2020, c. 18, Sched. 4, s. 9 (2-4). Notice (2) An engineer shall not be appointed under subsection (1) until 30 days after a notice has been sent to the following persons advising them of the municipality’s intent to undertake the major improvement project: 1. The secretary-treasurer of each conservation authority that has jurisdiction over any lands that would be affected by the project. 2. The prescribed persons. 2020, c. 18, Sched. 4, s. 9 (5). Powers and duties of engineer (3) The engineer has all the powers and shall perform all the duties of an engineer appointed with respect to the construction of a drainage works under this Act.  R.S.O. 1990, c. D.17, s. 78 (3). Proceedings (4) All proceedings, including appeals, under this section shall be the same as on a report for the construction of a drainage works.  R.S.O. 1990, c. D.17, s. 78 (4). Minor improvements to drainage works (5) Despite subsections (2) to (4), the Minister may prescribe the process for approving minor improvements to a drainage works mentioned in paragraph 8 of subsection (1.1). 2020, c. 18, Sched. 4, s. 9 (6). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (27, 28) - 25/10/2010 2020, c. 18, Sched. 4, s. 9 (1-6) - 30/06/2021
79 (1) Upon forty-five days notice served by any person affected by the condition of a drainage works, upon the head or clerk of the local municipality whose duty it is to maintain and repair the drainage works, the municipality is compellable by an order of the referee to exercise the powers and to perform the duties conferred or imposed upon it by this Act as to maintenance and repair or such of the powers and duties as to the referee appears proper, and the municipality is liable in damages to the owner whose property is so injuriously affected.  R.S.O. 1990, c. D.17, s. 79 (1); 2010, c. 16, Sched. 1, s. 2 (29). Municipality liable for damages caused by non-repair (2) Despite subsection (1), the local municipality whose duty it is to maintain and repair drainage works shall not become liable in damages to any person affected by reason of the non-repair of the drainage works until after service by or on behalf of such person of the notice referred to in subsection (1) upon the head or clerk of the municipality, describing with reasonable certainty the alleged lack of maintenance and repair of the drainage works.  R.S.O. 1990, c. D.17, s. 79 (2). No liability where drainage works blocked by ice or snow (3) The local municipality whose duty it is to maintain and repair a drainage works is not liable in damages for any injury caused by reason of a drainage works being blocked by snow or ice and overflowing the lands of any person without negligence on the part of the municipal corporation.  R.S.O. 1990, c. D.17, s. 79 (3). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (29) - 25/10/2010
80 (1) When a drainage works becomes obstructed by a dam, low bridge, fence, washing out of a private drain, or other obstruction, for which the owner or occupant of the land adjoining the drainage works is responsible, so that the free flow of the water is impeded thereby, the persons owning or occupying the land shall, upon reasonable notice sent by the council of the local municipality whose duty it is to maintain and repair the drainage works or by a drainage superintendent appointed by the council, remove such obstruction and, if it is not so removed within the time specified in the notice, the council or the drainage superintendent shall forthwith cause it to be removed, and the cost thereof is payable to the municipality by the owner or occupant of the land.  R.S.O. 1990, c. D.17, s. 80 (1); 1998, c. 18, Sched. A, s. 1 (4); 2010, c. 16, Sched. 1, s. 2 (30). Collection of cost of removal (2) If the cost of removing the obstruction is not paid to the local municipality by the owner or occupant of the land forthwith after the completion of the work, the council may pay the cost, and the clerk of the municipality shall place the amount of cost upon the collector’s roll against such land and such amount shall be collected in the same manner as real property taxes.  R.S.O. 1990, c. D.17, s. 80 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (4) - 18/12/1998 2010, c. 16, Sched. 1, s. 2 (30) - 25/10/2010
81 The council by by-law or resolution shall direct a drainage superintendent to remove from any drainage works all weeds and brushwood, fallen timber or other minor obstructions for which the owner or occupant of the lands adjacent to the drainage works may not be responsible, and the cost of such work is chargeable as part of the cost of maintenance of the drainage works.  R.S.O. 1990, c. D.17, s. 81; 1998, c. 18, Sched. A, s. 1 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (5) - 18/12/1998
82 (1) A municipality in which a drainage works or part thereof is situate may bring an action for damages against any person who destroys or injures in any way a drainage works, including any bench mark or permanent level, and any damages ordered by the referee to be paid shall be paid to the municipality and used for the construction, improvement, maintenance or repair of the drainage works.  R.S.O. 1990, c. D.17, s. 82 (1). Penalty for damage to drainage works (2) Every person who obstructs, fills up or injures or destroys by any means a drainage works is guilty of an offence and on conviction, in addition to liability in damages, is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than thirty days, or to both.  R.S.O. 1990, c. D.17, s. 82 (2). 83 Repealed:  2010, c. 16, Sched. 1, s. 2 (31). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (31) - 25/10/2010
84 (1) If three-quarters of the owners of land assessed for benefit in respect of a drainage works, who, according to the last revised assessment roll, own not less than three-quarters of the area assessed for benefit as shown in the by-law or by-laws under which the drainage works exist, send a request asking for the abandonment of the whole or any part of the drainage works, the council of the initiating municipality shall, as soon as reasonably possible, send a notice to all of the owners of the land assessed for the drainage works stating its intention to abandon the drainage works or the part of the drainage works specified in the notice, unless, within 10 days of the date the municipality’s notice was sent, any owner sends a notice to the clerk of the municipality requesting that the report of an engineer be made on the proposed abandonment.  2010, c. 16, Sched. 1, s. 2 (32). Same (2) The council of the initiating municipality may send a notice in accordance with subsection (1) of its intention to abandon a drainage works or the part of the drainage works specified in the notice, even if a request described in subsection (1) has not been sent to the municipality.  2010, c. 16, Sched. 1, s. 2 (32). Engineer’s report may be required (3) If an owner sends a notice to the clerk within the 10-day period in accordance with subsection (1), the council shall appoint an engineer to examine the drainage works and report recommendations as to the proposed abandonment, any necessary work in connection therewith, the sale of any assets, the cost of abandonment and all other appropriate matters and shall assess all costs, including the engineer’s compensation, and damage allowances against persons liable to assessment in connection with the drainage works in such proportions as appear just.  R.S.O. 1990, c. D.17, s. 84 (3); 2010, c. 16, Sched. 1, s. 2 (33). Procedures on report (4) All proceedings, including appeals, with respect to a report under subsection (1) shall be the same with necessary modifications as on a report for the construction of a drainage works.  R.S.O. 1990, c. D.17, s. 84 (4). Abandonment by council (5) If no owner sends a notice to the clerk within the 10-day period in accordance with subsection (1) or if the engineer’s report, as it may be altered on appeal, recommends the abandonment of the drainage works, the council may by by-law abandon the drainage works, and thereafter the municipality has no further obligation with respect to the drainage works.  R.S.O. 1990, c. D.17, s. 84 (5); 2010, c. 16, Sched. 1, s. 2 (34). Disbursement of remaining funds (6) Any money remaining to the credit of the drainage works after it is abandoned shall be divided proportionately among the owners of lands and roads assessed therefor.  R.S.O. 1990, c. D.17, s. 84 (6). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (32-34) - 25/10/2010 Amendments to Engineer’s Report
84.1 (1) This section applies with respect to engineer’s reports that are prepared for the purpose of a petition under section 4 or for the purpose of section 78 and that are adopted by a municipal by-law. 2020, c. 18, Sched. 4, s. 10. Approval process (2) The Minister may, by regulation, set out the process by which the engineer’s report may be amended and the process by which those amendments are to be approved. 2020, c. 18, Sched. 4, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 4, s. 10 - 30/06/2021 Grants
85 Grants may be made in respect of, (a) assessments made under this Act upon lands used for agricultural purposes, (i) for drainage works undertaken in accordance with section 4, 74 or 78 where a report of an engineer describing the current work has been adopted in accordance with this Act, and (ii) for maintenance, repair and minor improvements undertaken on the recommendation of a drainage superintendent within the budgeting limitations established by the Minister for that municipality; (b) costs incurred by the municipality in the employment of drainage superintendents; and (c) the total cost of preparing a preliminary report exclusive of the cost of preparing any benefit cost statement and any environmental appraisal.  R.S.O. 1990, c. D.17, s. 85; 1998, c. 18, Sched. A, s. 1 (6, 7). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (6, 7) - 18/12/1998
86 (1) Subject to subsection (2), grants shall not be made in respect of assessments made under this Act upon lands owned by Canada, Ontario or a municipality or in respect of the assessment of the cost of lateral drains.  R.S.O. 1990, c. D.17, s. 86 (1). Exception (2) Grants may be made in respect of lands owned by Ontario and leased for agricultural purposes to a lessee with an option to purchase.  R.S.O. 1990, c. D.17, s. 86 (2).
87 (1) The Minister, upon receipt of a completed application form, may pay to the treasurer of an initiating municipality a grant of, (a) 33 ⅓ per cent of the assessments eligible for a grant under section 85, if the drainage works is in a local municipality that is not within a territorial district; or (b) 66 ⅔ per cent of the assessments eligible for a grant under section 85, if the drainage works is in a local municipality within a territorial district.  2002, c. 17, Sched. F, Table. Grants in unorganized territory (2) Where a drainage works is in territory without municipal organization, an amount not exceeding 80 per cent of the assessments eligible for a grant under section 85 in respect of such drainage works may be paid by the Minister out of the money appropriated therefor by the Legislature.  R.S.O. 1990, c. D.17, s. 87 (2). Where drainage superintendents employed (3) Where one or more municipalities employ drainage superintendents who have qualifications satisfactory to the Minister, the Minister may direct that 50 per cent of the costs incurred by the municipality or municipalities in the employment of the superintendents shall be paid out of the money appropriated for that purpose by the Legislature.  1998, c. 18, Sched. A, s. 1 (8). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (8) - 18/12/1998 2002, c. 17, Sched. F, Table - 01/01/2003
88 (1) Upon the practical completion of the drainage works and after the time for appealing against assessments has expired and there are no appeals or after all appeals against assessments have been decided, the council of the initiating municipality shall forward to the Director an application for a grant in such form as is provided by the Director.  R.S.O. 1990, c. D.17, s. 88 (1). Grant re interest charges (2) No grant shall be paid in respect of interest charges on any drainage works accruing after 120 days from the completion thereof as certified by the engineer or a drainage superintendent.  R.S.O. 1990, c. D.17, s. 88 (2); 1998, c. 18, Sched. A, s. 1 (9). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (9) - 18/12/1998
89 (1) Where the drainage works is in two or more municipalities, the grant shall be distributed by the treasurer of the initiating municipality among all such municipalities in the proportion that the total of the assessments eligible for a grant in each municipality bears to the total of all assessments eligible for a grant in all of the municipalities.  R.S.O. 1990, c. D.17, s. 89 (1). Grant to be applied to reduce assessments (2) The treasurer of each municipality shall apply the amount of the grant received by that municipality to reduce the assessment on each parcel of land in the municipality eligible for a grant in the proportion that each such assessment bears to the total of the assessments eligible for a grant in the municipality.  R.S.O. 1990, c. D.17, s. 89 (2).
90 The Minister may reduce or withhold a grant on any drainage works if in his or her opinion the costs other than the contract price are excessive.  R.S.O. 1990, c. D.17, s. 90. Director
91 The Minister may appoint a Director for the purposes of this Act.  R.S.O. 1990, c. D.17, s. 91.
92 The Minister may designate such persons as he or she considers necessary to advise and assist municipalities and engineers in the application and administration of this Act and any such person who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be paid such remuneration as the Lieutenant Governor in Council may determine, together with reasonable expenses.  R.S.O. 1990, c. D.17, s. 92; 2006, c. 35, Sched. C, s. 27. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 27 - 20/08/2007 Drainage Superintendent and Commissioners
93 (1) The council of a local municipality may by by-law appoint a drainage superintendent or, with the approval of the Minister, more than one drainage superintendent.  2010, c. 16, Sched. 1, s. 2 (35). Drainage superintendent may act for more than one municipality (2) Two or more municipalities may appoint the same person to be a drainage superintendent within each municipality.  2010, c. 16, Sched. 1, s. 2 (35). Duties of drainage superintendent (3) A drainage superintendent for a municipality shall, (a) inspect every drainage works for which the municipality is responsible and report periodically to council on the condition of those drainage works; (b) initiate and supervise the maintenance and repair of the drainage works for which the municipality is responsible; (c) assist in the construction or improvement of the drainage works for which the municipality is responsible; and (d) report to council on the superintendent’s activities mentioned in clauses (b) and (c).  2010, c. 16, Sched. 1, s. 2 (35). Remuneration (4) The council may provide for fees or other remuneration for services performed by drainage superintendents in carrying out their duties under this Act, but the fees or other remuneration shall not be deemed to form part of the cost of the drainage works and shall be paid from the general funds of the municipality.  2010, c. 16, Sched. 1, s. 2 (35). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (10, 11) - 18/12/1998 2010, c. 16, Sched. 1, s. 2 (35) - 25/10/2010 94 Repealed:  2010, c. 16, Sched. 1, s. 2 (35). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (12, 13) - 18/12/1998 2010, c. 16, Sched. 1, s. 2 (35) - 25/10/2010
95 (1) For the better maintenance and repair of drainage works by embanking, pumping or other mechanical operations, the council of the municipality initiating the drainage works may by by-law, (a) appoint one or more commissioners with power to, (i) enter into all necessary and proper contracts for the purchase of fuel, erection or repairs of buildings and purchase and repairs of machinery, and (ii) do all other things necessary for successfully operating the drainage works and for keeping the embankment thereof in repair as may be set forth in the by-law appointing the commissioner or commissioners; and (b) provide for defraying the annual cost of maintaining and operating the drainage works by assessment upon the lands and roads in any way liable to assessment therefor.  R.S.O. 1990, c. D.17, s. 95 (1). Fees, etc. (2) The fees or other remuneration of a commissioner shall form part of the cost of the maintenance and repair of the drainage works.  R.S.O. 1990, c. D.17, s. 95 (2). Powers (3) A drainage superintendent and a commissioner have the same powers as to entry on land as are given to the engineer and the engineer’s assistants under subsection 12 (1).  1998, c. 18, Sched. A, s. 1 (14). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (14) - 18/12/1998
96 Every person who wilfully interferes with or obstructs a drainage superintendent or a commissioner in the exercise of his or her powers under this Act is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. D.17, s. 96. Courts of Revision
97 (1) Subject to subsections (3), (4) and (5), a court of revision shall consist of three or five members appointed by the council of the initiating municipality and such members other than members of the council may be paid such remuneration and expenses as the council may by by-law provide.  R.S.O. 1990, c. D.17, s. 97 (1). Qualification (2) Every such member shall be a person eligible to be elected a member of council or shall be a member of council.  R.S.O. 1990, c. D.17, s. 97 (2). Where more than one municipality (3) Where the lands assessed for the drainage works extend from the initiating municipality into a neighbouring municipality, the court of revision shall consist of two members appointed by the council of the initiating municipality, of whom one shall be chair and one member appointed by the council of each of the neighbouring municipalities and the court shall hear and rule on appeals as if the entire area affected by the drainage works were in one municipality.  R.S.O. 1990, c. D.17, s. 97 (3). Quorum (4) A majority of the members of the court of revision shall constitute and, despite the decision of any court, shall be deemed always to have constituted a quorum.  R.S.O. 1990, c. D.17, s. 97 (4). Jurisdiction and powers of quorum (5) A quorum of the court of revision is sufficient and, despite the decision of any court, shall be deemed always to have been sufficient to exercise all of the jurisdiction and powers of the court of revision.  R.S.O. 1990, c. D.17, s. 97 (5). Powers of Tribunal
98 (1)-(3) Repealed:  1999, c. 12, Sched. A, s. 9 (3). Proceedings of Tribunal (4) The Tribunal may, (a) hold sittings at any place in Ontario and in more than one place at the same time; and (b) procure reports from engineers and other professional persons in order to assist the Tribunal in reaching a decision.  R.S.O. 1990, c. D.17, s. 98 (4); 2006, c. 19, Sched. A, s. 6 (1); 2006, c. 19, Sched. A, s. 6 (9). (5) Repealed:  1999, c. 12, Sched. A, s. 9 (3). Clerk of Tribunal (6) The clerk of the initiating municipality shall be the clerk of the Tribunal.  R.S.O. 1990, c. D.17, s. 98 (6); 2006, c. 19, Sched. A, s. 6 (1). Stenographic reporters (7) The Tribunal may from time to time employ stenographic reporters to report hearings before the Tribunal and may fix their fees and such fees shall be included in the costs of the hearing and shall be borne and paid as the Tribunal may direct.  R.S.O. 1990, c. D.17, s. 98 (7); 2006, c. 19, Sched. A, s. 6 (10). Sittings of Tribunal (8) Where the sittings of the Tribunal are to be held in a municipality, the municipality shall provide a suitable room for holding a hearing.  R.S.O. 1990, c. D.17, s. 98 (8); 2006, c. 19, Sched. A, s. 6 (1). Copy of decision (9) The Tribunal shall send a copy of its final decision in any proceedings, including any order, to the parties who took part in the hearing and, if requested to do so by the Minister, to the Minister. 2019, c. 7, Sched. 19, s. 1. Same (9.1) A copy of the Tribunal’s final decision that is sent under subsection (9) may be sent to the parties who took part in the hearing, (a) by registered mail or courier at their addresses last known to the Tribunal; or (b) by electronic means, if all the parties consent to receive the decision by electronic means. 2019, c. 7, Sched. 19, s. 1. Costs, payment of (10) The costs of any proceedings before the Tribunal shall be paid by or apportioned between the parties in such manner as the Tribunal considers proper, and where costs are ordered to be paid, the order for payment thereof may be filed in the Small Claims Court and is enforceable as a judgment or order of that court.  R.S.O. 1990, c. D.17, s. 98 (10); 2006, c. 19, Sched. A, s. 6 (11). What costs chargeable (11) The costs chargeable or to be awarded in any proceedings may include the costs of witnesses and of procuring their attendance, the costs of secretarial staff and such other costs as the Tribunal may direct.  R.S.O. 1990, c. D.17, s. 98 (11); 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 9 (2, 3) - 22/12/1999 2006, c. 19, Sched. A, s. 6 (1, 9-11) - 22/06/2006 2019, c. 7, Sched. 19, s. 1 - 29/05/2019
99 In any application, appeal or reference to the Tribunal, the action shall be commenced by serving notice upon the council of the initiating municipality and the clerk shall forthwith record the notice and except as otherwise provided send a copy of the notice to the Tribunal and to all persons assessed for the drainage works.  R.S.O. 1990, c. D.17, s. 99; 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006
100 The Tribunal, in any case that it considers proper, may extend the time otherwise limited for application, appeal or reference.  R.S.O. 1990, c. D.17, s. 100; 2006, c. 19, Sched. A, s. 6 (12). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (12) - 22/06/2006
101 In any application, appeal or reference under sections 8, 10, 48, 49, 50, 54, 64, 65, 66 and 75 the decision of the Tribunal is final.  R.S.O. 1990, c. D.17, s. 101; 2006, c. 19, Sched. A, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 Referee
102 (1) The Lieutenant Governor in Council may appoint a referee for the purposes of this Act.  R.S.O. 1990, c. D.17, s. 102 (1). Acting referee (2) The Lieutenant Governor in Council from time to time may appoint an acting referee or referees for the purposes of this Act, and an acting referee has the same powers and duties as the referee.  R.S.O. 1990, c. D.17, s. 102 (2). Qualifications of referee (3) The referee or an acting referee shall be a judge of the Superior Court of Justice or a barrister of at least ten years standing at the bar of Ontario.  R.S.O. 1990, c. D.17, s. 102 (3); 2001, c. 9, Sched. A, s. 1. Remuneration (4) Despite any other Act, the referee or an acting referee shall be paid such remuneration as the Lieutenant Governor in Council may determine, together with his or her reasonable expenses and expenses for secretarial services.  R.S.O. 1990, c. D.17, s. 102 (4). Referee not to practise under Act (5) No referee or acting referee shall practise as a solicitor or barrister in any matter arising under this Act or act as legal agent or adviser in any such matter.  R.S.O. 1990, c. D.17, s. 102 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001
103 (1) Where an application or appeal is made to the referee, he or she shall give an appointment to the parties to proceed therewith at such place and time and in such manner as to him or her may seem proper, but, unless the parties otherwise consent, a hearing shall be in the upper-tier municipality or single-tier municipality in which the drainage works is or is to be situate.  R.S.O. 1990, c. D.17, s. 103 (1); 2002, c. 17, Sched. F, Table. Part of works (1.1) If only part of the drainage works is or is to be situate in an upper-tier municipality or single-tier municipality, the hearing shall be held in an upper-tier municipality or a single-tier municipality in which any part is or is to be situate.  2002, c. 17, Sched. F, Table. Interpretation (1.2) In subsections (1) and (1.1), a single-tier municipality does not include a single-tier municipality within a territorial district or within an upper-tier municipality and an upper-tier municipality includes a territorial district.  2002, c. 17, Sched. F, Table. Use of court house, etc. (2) When an appointment is given by the referee for a hearing in any municipality where a court house is situate, he or she has in all respects the same authority as a judge of the Superior Court of Justice with respect to the use of the court house or other place or apartments therein.  R.S.O. 1990, c. D.17, s. 103 (2); 2001, c. 9, Sched. A, s. 1. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001 2002, c. 17, Sched. F, Table - 01/01/2003
104 (1) The local registrar of the Superior Court of Justice shall be the clerk of the court of the referee and shall take charge of and file all the exhibits, and is entitled to the same fees for filings and for his or her services and for certified copies of decisions or reports as for similar services in the Superior Court of Justice.  R.S.O. 1990, c. D.17, s. 104 (1); 2001, c. 9, Sched. A, s. 1; 2010, c. 16, Sched. 1, s. 2 (36). Acting clerk (2) In the absence of the local registrar of the Superior Court of Justice, the referee may appoint another person to act as clerk of the court of the referee for the purpose of the trial and for taking charge of and filing all exhibits and, while so acting, the appointed person has the same powers and duties as the local registrar of the Superior Court of Justice and is entitled to such fees as the referee may direct for his or her attendance at the court.  2010, c. 16, Sched. 1, s. 2 (37). Stenographic reporters (3) The referee may, from time to time, employ stenographic reporters to report hearings and trials before the referee and may fix their fees.  2010, c. 16, Sched. 1, s. 2 (37). Fees (4) The fees of the acting clerk and the stenographic reporters shall be included in the costs and shall be borne and paid as the referee may direct.  2010, c. 16, Sched. 1, s. 2 (37). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001 2010, c. 16, Sched. 1, s. 2 (36, 37) - 25/10/2010
105 Sheriffs, deputy sheriffs and other peace officers shall aid, assist and obey the referee in the exercise of the jurisdiction conferred by this Act whenever required so to do, and shall, upon the certificates of the referee, be paid such fees as they are entitled to for similar services at the sittings of the Superior Court of Justice for the trial of causes.  R.S.O. 1990, c. D.17, s. 105; 2001, c. 9, Sched. A, s. 1; 2020, c. 18, Sched. 4, s. 11. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001 2020, c. 18, Sched. 4, s. 11 - 30/06/2021
106 (1) The referee has original jurisdiction, (a) to entertain any appeal with respect to the report of the engineer under section 47; (b) to determine the validity of, or to confirm, set aside or amend any petition, resolution of a council, provisional by-law or by-law relating to a drainage works under this Act or a predecessor of this Act; (c) to determine claims and disputes arising under this Act, including, subject to section 120, claims for damages with respect to anything done or purporting to have been done under this Act or a predecessor of this Act or consequent thereon; (d) to entertain applications for orders directing to be done anything required to be done under this Act; (e) to entertain applications for orders restraining anything proposed or purporting to be done under this Act or a predecessor of this Act; and (f) over any other matter or thing in relation to which application may be made to him or her under this Act.  R.S.O. 1990, c. D.17, s. 106 (1). Jurisdiction of referee (2) Subject to section 101, the referee has jurisdiction to hear appeals from any decision or order of the Tribunal and for such purpose may make any order that the Tribunal might have made and may substitute his or her opinion for that of the Tribunal.  R.S.O. 1990, c. D.17, s. 106 (2); 2006, c. 19, Sched. A, s. 6 (1). Idem (3) The referee has jurisdiction to entertain and dispose of any interlocutory application relating to any matter otherwise within his or her jurisdiction and his or her order thereon is final.  R.S.O. 1990, c. D.17, s. 106 (3). Determination of questions of fact or law (4) The referee has power to determine all questions of fact or law that it is necessary to determine for the purpose of disposing of any matter within his or her jurisdiction and to make such decision, order or direction as may be necessary for such purpose.  R.S.O. 1990, c. D.17, s. 106 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006
107 (1) The referee may, with the approval of the Lieutenant Governor in Council, make rules regulating the practice and procedure to be followed in all proceedings before him or her under this Act and may prescribe tariffs and fees therefor.  R.S.O. 1990, c. D.17, s. 107 (1). Referee may give directions (2) The referee may give directions relating to the conduct of proceedings before him or her and as to the persons who shall be parties to such proceedings.  R.S.O. 1990, c. D.17, s. 107 (2).
108 Costs shall be assessed by the referee, or he or she may direct the assessment thereof by the local registrar of the Superior Court of Justice with whom the papers are filed or by an assessment officer.  R.S.O. 1990, c. D.17, s. 108; 2001, c. 9, Sched. A, s. 1. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. A, s. 1 - 29/06/2001
109 The costs of any proceedings before the referee are in the discretion of the referee.  R.S.O. 1990, c. D.17, s. 109.
110 In the absence of other provisions, the tariff of costs in any application or proceeding under this Act shall be that of the court that would have jurisdiction to try a civil action involving a similar amount of money or type of proceeding.  R.S.O. 1990, c. D.17, s. 110.