1 In this Act, “benefit” means the advantages to any lands, roads, buildings or other structures from the construction, improvement, repair or maintenance of a drainage works such as will result in a higher market value or increased crop production or improved appearance or better control of surface or subsurface water, or any other advantages relating to the betterment of lands, roads, buildings or other structures; (“avantage”) “benefit cost statement” means a statement relating the anticipated benefits expressed in dollars to the total estimated cost of the drainage works; (“état coût-avantages”) “built-up area” means an area of land where, (a) not less than 50 per cent of the frontage upon one side of a road for a distance of not less than 200 metres is occupied by dwellings, buildings used for business purposes, schools or churches, or (b) not less than 50 per cent of the frontage upon both sides of a road for a distance of not less than 100 metres is occupied by dwellings, buildings used for business purposes, schools or churches, or (c) not more than 200 metres of a road separates any land described in clause (a) or (b) from any other land described in clause (a) or (b), or (d) a plan of subdivision has been registered; (“agglomération”) “commissioner” means a commissioner appointed by a municipality by by-law; (“commissaire”) “conservation authority” means a conservation authority established under the Conservation Authorities Act; (“office de protection de la nature”) “court of revision” means a court of revision constituted under this Act; (“tribunal de révision”) “Director” means the Director appointed for the purposes of this Act; (“directeur”) “drainage superintendent” means a drainage superintendent appointed by a municipality by by-law; (“directeur des installations de drainage”) “drainage works” includes a drain constructed by any means, including the improving of a natural watercourse, and includes works necessary to regulate the water table or water level within or on any lands or to regulate the level of the waters of a drain, reservoir, lake or pond, and includes a dam, embankment, wall, protective works or any combination thereof; (“installations de drainage”) “engineer” means an engineer registered under the Professional Engineers Act or a surveyor registered under the Surveyors Act, or a partnership, association of persons or corporation that holds a certificate of authorization under the Professional Engineers Act or the Surveyors Act, as the case may be; (“ingénieur”) “improvement” means any modification of or addition to a drainage works intended to increase the effectiveness of the system; (“amélioration”) “initiating municipality” means the local municipality undertaking the construction, improvement, repair or maintenance of a drainage works to which this Act applies; (“municipalité initiatrice”) “injuring liability” means the part of the cost of the construction, improvement, maintenance or repair of a drainage works required to relieve the owners of any land or road from liability for injury caused by water artificially made to flow from such land or road upon any other land or road; (“responsabilité des dommages”) “lateral drain” means a drain that is designed for the drainage of one property and that begins and ends on the same property; (“drain latéral”) “maintenance” means the preservation of a drainage works; (“entretien”) “Minister” means the Minister of Agriculture, Food and Rural Affairs or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “outlet liability” means the part of the cost of the construction, improvement or maintenance of a drainage works that is required to provide such outlet or improved outlet; (“responsabilité de la sortie”) “owner” includes a guardian of property and a guardian, executor, administrator or trustee in whom land is vested; (“propriétaire”) “preliminary report” means an engineer’s report containing the information specified in section 10; (“rapport préliminaire”) “prescribed” means prescribed by the regulations; (“prescrit”) “property” means a parcel of land that by the Assessment Act is required to be separately assessed; (“propriété”) “public utility” means a person having jurisdiction over any water works, gas works, electric heat, light and power works, telegraph and telephone lines, railways however operated, street railways and works for the transmission of gas, oil, water or electrical power or energy, or any similar works supplying the general public with necessaries or conveniences; (“services publics”) “referee” means the referee appointed under this Act; (“arbitre”) “regulations” means the regulations made under this Act; (“règlements”) “repair” means the restoration of a drainage works to its original condition; (“réparation”) “report” means an engineer’s report containing the information specified in section 8; (“rapport”) “road authority” means a body having jurisdiction and control of a common and public highway or road, or any part thereof, including a street, bridge and any other structure incidental thereto and any part thereof; (“office de la voirie”) “special benefit” means any additional work or feature included in the construction, repair or improvement of a drainage works that has no effect on the functioning of the drainage works; (“avantage particulier”) “sufficient outlet” means a point at which water can be discharged safely so that it will do no damage to lands or roads; (“sortie appropriée”) “Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (“Tribunal”)  R.S.O. 1990, c. D.17, s. 1; 1992, c. 32, s. 8; 1999, c. 12, Sched. A, s. 9 (1); 2002, c. 17, Sched. F, Table; 2009, c. 33, Sched. 1, s. 9; 2020, c. 18, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 8 - 03/04/1995; 1999, c. 12, Sched. A, s. 9 (1) - 22/12/1999 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 33, Sched. 1, s. 9 - 15/12/2009 2020, c. 18, Sched. 4, s. 1 (1, 2) - 30/06/2021 Mutual Agreement Drains