jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) When two or more owners of land desire to construct or improve a drainage works on any of their lands and are willing to pay the cost thereof, they may enter into a written agreement for the construction, improvement, financing and maintenance of such drainage works, which shall include the following: 1. A reference to the Drainage Act. 2. Descriptions of the lands of the parties to the agreement sufficient for the purposes of registration in the proper land registry office. 3. The estimated cost of the drainage works. 4. A description of the drainage works, including its nature and approximate location. 5. The proportion of the cost of the construction, improvement and maintenance of the drainage works that is to be borne by each of the owners of the lands. 6. The date the agreement was entered into. 7. An affidavit of a subscribing witness to the execution of the agreement by the parties sufficient for the purposes of registration in the proper land registry office.  R.S.O. 1990, c. D.17, s. 2 (1). Filing of agreement (2) A copy of the agreement and the plans and schedules, if any, of the proposed drainage works may be filed with the clerk of the local municipality in which the land or any part thereof is situate, and the agreement or an executed copy thereof may be registered in the proper land registry office.  R.S.O. 1990, c. D.17, s. 2 (2). Registered agreement binding on successors (3) An agreement made under this section shall, upon registration in the proper land registry office of the agreement or an executed copy thereof, be binding upon the heirs, executors, administrators, successors and assigns of each party to the agreement.  R.S.O. 1990, c. D.17, s. 2 (3). Exception (4) The subsequent provisions of this Act do not apply to any drainage works constructed under this section.  R.S.O. 1990, c. D.17, s. 2 (4). Requisition Drains
3 (1)-(17) Repealed:  2010, c. 16, Sched. 1, s. 2 (1). Existing ditches (18) Every ditch constructed under The Ditches and Watercourses Act, being chapter 109 of the Revised Statutes of Ontario, 1960, shall be maintained in accordance with the award of the engineer providing for such maintenance until such ditch is brought under the provisions of this Act by petition under section 4.  2010, c. 16, Sched. 1, s. 2 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (1, 2) - 25/10/2010 Petition Drains
4 (1) A petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by, (a) the majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area; (b) the owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60 per cent of the hectarage in the area; (c) where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61 (5); (d) where a drainage works is required for the drainage of lands used for agricultural purposes, the Director.  R.S.O. 1990, c. D.17, s. 4 (1). Form of petition (2) A petition under subsection (1) shall be in the form prescribed by the regulations and, where it is filed by an owner or owners under clause (1) (a) or (b), shall be signed by such owner or owners.  R.S.O. 1990, c. D.17, s. 4 (2). Petition where area lies on each side of boundary line (3) Where it is desired to construct a drainage works for the drainage of an area composed of lands or roads lying on each side of a boundary line between two or more local municipalities, the council of any of them may proceed upon a petition as required by this Act in all respects, including the sending of notices, as if such area were entirely within the limits of the municipality.  R.S.O. 1990, c. D.17, s. 4 (3). Person deemed owner (4) Where a person who is the owner of land, but does not appear by the last revised assessment roll of the municipality to be the owner, is a petitioner, the person shall be deemed an owner if the person’s ownership is proved to the satisfaction of the clerk, and, if the person who appears by the assessment roll to be the owner is a petitioner, the person’s name shall be disregarded in determining the sufficiency of the petition.  R.S.O. 1990, c. D.17, s. 4 (4). Persons jointly assessed (5) Where two or more persons are jointly assessed for a property, in determining the sufficiency of a petition, they shall be deemed to be one owner.  R.S.O. 1990, c. D.17, s. 4 (5).
5 (1) Where a petition in accordance with section 4 has been filed, the council shall forthwith consider the petition and shall, within thirty days after the filing of the petition, (a) if it decides not to proceed with the drainage works, send notice of its decision to each petitioner; or (b) if it decides to proceed with the drainage works, send notice of the petition and of its decision to the prescribed persons.  R.S.O. 1990, c. D.17, s. 5 (1); 2010, c. 16, Sched. 1, s. 2 (3, 4); 2020, c. 18, Sched. 4, s. 2. Appeal to Tribunal (2) Where a petitioner, (a) receives notice under clause (1) (a) of a decision of the council not to proceed with the drainage works; or (b) has not, within thirty days after the filing of the petition, received notice of a decision of the council, the petitioner may appeal to the Tribunal or, where lands used for agricultural purposes are included in the area described in the petition, the Minister may refer the matter to the Tribunal, and the Tribunal may confirm the decision of the council or direct the council to make such decision and to take such action as the council is authorized to take under this Act and as the Tribunal considers proper.  R.S.O. 1990, c. D.17, s. 5 (2); 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 2010, c. 16, Sched. 1, s. 2 (3, 4) - 25/10/2010 2020, c. 18, Sched. 4, s. 2 - 30/06/2021
6 (1) A person who is prescribed by the regulations and who has received notice of the petition under clause 5 (1) (b) may, within 30 days after receiving the notice, send to the council of the initiating municipality a notice that an environmental appraisal of the effects of the drainage works on the area is required. 2020, c. 18, Sched. 4, s. 3. Cost (1.1) The cost of an environmental appraisal required under subsection (1) shall be paid by the person who sends the notice requiring it. 2020, c. 18, Sched. 4, s. 3. Authorization for environmental appraisal (2) The council of the initiating municipality may obtain an environmental appraisal on its own initiative, the cost of which shall be paid by the municipality from its general funds.  R.S.O. 1990, c. D.17, s. 6 (2). Appeal (3) The party requesting the environmental appraisal or the council of the initiating municipality, as the case may be, within forty days of receiving the account therefor, may appeal to the Tribunal, and the Tribunal may confirm or vary the account as it considers proper.  R.S.O. 1990, c. D.17, s. 6 (3); 2006, c. 19, Sched. A, s. 6 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (2) - 22/06/2006 2020, c. 18, Sched. 4, s. 3 - 30/06/2021
7 (1) The council of any local municipality to which notice was given under subsection 5 (1) or the Minister may send to the council of the initiating municipality within thirty days a notice that a benefit cost statement is required and the cost of preparing such statement shall be paid by the party who required it.  R.S.O. 1990, c. D.17, s. 7 (1). Idem (2) The council of the initiating municipality may obtain a benefit cost statement on its own initiative, the cost of which shall be paid by the municipality from its general funds.  R.S.O. 1990, c. D.17, s. 7 (2).
8 (1) Where the council of the initiating municipality has decided to proceed with the drainage works described in a petition, the council shall by by-law or resolution appoint an engineer to make an examination of the area requiring drainage as described in the petition and to prepare a report which shall include, (a) plans, profiles and specifications of the drainage works, including a description of the area requiring drainage; (b) an estimate of the total cost thereof; (c) an assessment of the amount or proportion of the cost of the works to be assessed against every parcel of land and road for benefit, outlet liability and injuring liability; (d) allowances, if any, to be paid to the owners of land affected by the drainage works; and (e) such other matters as are prescribed or provided for under this Act.  R.S.O. 1990, c. D.17, s. 8 (1); 2020, c. 18, Sched. 4, s. 4. Where engineer is a corporation, etc. (2) Where the engineer appointed under this Act is a corporation, association or partnership, the appointee shall, within ten days of the date of appointment, notify the council of the name of the individual engineer who will have charge of the project and who will remain in charge until the report is filed and if for any reason the designated engineer ceases to be employed by the appointee, the appointee shall within ten days of such time notify the council of the name of his or her replacement.  R.S.O. 1990, c. D.17, s. 8 (2). Appeal or referral to Tribunal (3) Where the council fails to appoint an engineer within sixty days after giving notice of its decision to proceed, any petitioner may appeal to the Tribunal or, where the petition was signed by the Director or where lands used for agricultural purposes are included in the area to be drained, the Minister may refer the matter to the Tribunal, and the Tribunal may direct the council to take such action as the council is authorized to take under this Act and as the Tribunal considers proper.  R.S.O. 1990, c. D.17, s. 8 (3); 2006, c. 19, Sched. A, s. 6 (1). One report on two or more petitions (4) The council of the initiating municipality may instruct the engineer to make one report with respect to two or more petitions requiring drainage in two or more adjoining areas that require drainage.  R.S.O. 1990, c. D.17, s. 8 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2020, c. 18, Sched. 4, s. 4 - 30/06/2021
9 (1) The engineer shall, before making an examination and report, cause the clerk of the local municipality to send at least seven days notice in the form prescribed by the regulations to each owner of lands within the area requiring drainage as described in the petition and to each public utility that may be affected by the petition setting out the time and place of an on-site meeting with the engineer to examine the area.  R.S.O. 1990, c. D.17, s. 9 (1); 2010, c. 16, Sched. 1, s. 2 (5). Duty of engineer (2) At the on-site meeting, the engineer shall, (a) determine the area requiring drainage; (b) determine whether the petition complies with section 4 for the area requiring drainage; and (c) where the engineer is of opinion that the petition fails to so comply, establish the requirements for a petition to comply with section 4.  R.S.O. 1990, c. D.17, s. 9 (2). Idem (3) Where the engineer is of opinion that the petition complies with section 4, the engineer shall proceed to prepare a report or a preliminary report, as the case may be.  R.S.O. 1990, c. D.17, s. 9 (3). Report of engineer (4) Where the engineer is of opinion that the petition does not comply with section 4, the engineer shall so report to the council of the initiating municipality stating wherein the petition is deficient, the amount of the engineer’s fees and by whom they shall be paid, and the council shall forthwith send a copy of such opinion to each petitioner.  R.S.O. 1990, c. D.17, s. 9 (4). Fees to form part of costs (5) Where, within sixty days of the engineer’s reporting to council under subsection (4), a petition that complies with the requirements of section 4 is filed with the clerk of the council, (a) the council shall instruct the engineer to prepare a report, or a preliminary report, as the case may be; and (b) the fees mentioned in subsection (4) shall form part of the cost of the drainage works.  R.S.O. 1990, c. D.17, s. 9 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (5) - 25/10/2010
11 The engineer shall, to the best of the engineer’s skill, knowledge, judgment and ability, honestly and faithfully, and without fear of, favour to or prejudice against any person, perform the duty assigned to the engineer in connection with any drainage works and make a true report thereon.  R.S.O. 1990, c. D.17, s. 11.
12 (1) The engineer or any of the engineer’s assistants when engaged in the performance of their duties during or after the examination of the locality may enter, measure along, ascertain the bearings of any line, plant the stakes that they consider necessary for the performance of the work and take levels on the land of any person.  R.S.O. 1990, c. D.17, s. 12 (1). Offence, obstruction of engineer (2) Every person who wilfully interferes with or obstructs the engineer or any of the engineer’s assistants in the exercise of the powers conferred by this section 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. 12 (2).
13 (1) The engineer in making a survey shall establish sufficient bench marks or permanent levels by which a drainage works may be governed, and shall in the report record the description, location and elevation of every bench mark or permanent level.  R.S.O. 1990, c. D.17, s. 13 (1). Offence, interference with bench marks (2) Every person who interferes with, removes or destroys any bench mark or permanent level established under this section 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. 13 (2).
14 (1) Subject to subsection (2), the construction of a drainage works by means of the improvement of a natural watercourse shall not include a covered drainage works, unless the part of the drainage works in which the covered drainage works is included provides capacity for all the surface water from the lands and roads draining naturally towards and into it and for all the waters from all the lands and roads assessed for the drainage works.  R.S.O. 1990, c. D.17, s. 14 (1). Covered drainage works may be employed (2) A covered drainage works may be employed in conjunction with an open drain provided that the total capacity of the system is sufficient for the purposes of subsection (1).  R.S.O. 1990, c. D.17, s. 14 (2).
15 Subject to section 32, every drainage works constructed under this Act shall be continued to a sufficient outlet.  R.S.O. 1990, c. D.17, s. 15.
16 The engineer in the report shall determine in what manner the material taken from any drainage works in the construction, improvement, repair or maintenance thereof shall be disposed of.  R.S.O. 1990, c. D.17, s. 16.
17 The engineer in the report shall provide for the construction, enlargement or other improvement of any bridges or culverts throughout the course of the drainage works rendered necessary by the drainage works crossing any public road or part thereof.  R.S.O. 1990, c. D.17, s. 17.
18 Subject to section 33, the engineer in the report shall provide for the construction or the replacement, enlargement or other improvement of bridges, culverts, pumping stations and water gates rendered necessary by the drainage works including the cost of the construction or the replacement, enlargement or other improvement of the bridges, pumping stations, water gates and culverts, in the assessment for the construction, improvement, maintenance or repair of the drainage works, and they shall, for the purposes of maintenance or repair, be deemed part of the drainage works.  R.S.O. 1990, c. D.17, s. 18.
19 The engineer in the report may recommend the abandonment of any drain or part thereof that is no longer useful or that is being supplanted by a new drainage works.  R.S.O. 1990, c. D.17, s. 19.
20 (1) Where it is considered necessary to continue a drainage works beyond the limits of the initiating municipality, the engineer employed by the council of the municipality may continue the drainage works on or along or across any road allowance or other boundary between any two or more municipalities, and from any such road allowance or other boundary into or through any municipality until the engineer reaches a sufficient outlet.  R.S.O. 1990, c. D.17, s. 20 (1). Where drainage works not deemed outside initiating municipality (2) A drainage works shall not be deemed to be continued into a municipality other than the initiating municipality merely by reason of such drainage works or some part thereof being constructed on a road allowance forming the boundary line between two or more municipalities.  R.S.O. 1990, c. D.17, s. 20 (2). Assessments
21 The engineer in the report shall assess for benefit, outlet liability and injuring liability, and shall insert in an assessment schedule, in separate columns, the sums assessed for each opposite each parcel of land and road liable therefor.  R.S.O. 1990, c. D.17, s. 21.
22 Lands, roads, buildings, utilities or other structures that are increased in value or are more easily maintained as a result of the construction, improvement, maintenance or repair of a drainage works may be assessed for benefit.  R.S.O. 1990, c. D.17, s. 22. Assessment for liability
23 (1) Lands and roads that use a drainage works as an outlet, or for which, when the drainage works is constructed or improved, an improved outlet is provided either directly or indirectly through the medium of any other drainage works or of a swale, ravine, creek or watercourse, may be assessed for outlet liability.  R.S.O. 1990, c. D.17, s. 23 (1). Injuring liability (2) If, from any land or road, water is artificially caused by any means to flow upon and injure any other land or road, the land or road from which the water is caused to flow may be assessed for injuring liability with respect to a drainage works to relieve the injury so caused to such other land or road.  R.S.O. 1990, c. D.17, s. 23 (2). Basis of assessment (3) The assessment for outlet liability and injuring liability provided for in subsections (1) and (2) shall be based upon the volume and rate of flow of the water artificially caused to flow upon the injured land or road or into the drainage works from the lands and roads liable for such assessments.  R.S.O. 1990, c. D.17, s. 23 (3). Certain owners not to count for or against petition (4) The owners of the lands and roads made liable to assessment only under subsection (1) or (2) shall neither count for nor against the petition required by section 4 unless within the area therein described.  R.S.O. 1990, c. D.17, s. 23 (4).
24 The engineer may assess for special benefit any lands for which special benefits have been provided by the drainage works.  R.S.O. 1990, c. D.17, s. 24.
25 (1) The council of the local municipality may direct the engineer to assess as a block, a built-up area designated by the council, and the sum assessed therefor may be levied against all the rateable properties in the designated area proportionately on the basis of the assessed value of the land and buildings.  R.S.O. 1990, c. D.17, s. 25 (1). Assessment to be charged against public roads (2) Where the engineer makes a block assessment under subsection (1), the engineer shall designate the proportion of the assessment to be charged against the public roads in the designated area.  R.S.O. 1990, c. D.17, s. 25 (2).
26 In addition to all other sums lawfully assessed against the property of a public utility or road authority under this Act, and despite the fact that the public utility or road authority is not otherwise assessable under this Act, the public utility or road authority shall be assessed for and shall pay all the increase of cost of such drainage works caused by the existence of the works of the public utility or road authority.  R.S.O. 1990, c. D.17, s. 26.
27 Where a drainage works is continued into or through a municipality other than the initiating municipality under section 20, the engineer may assess, regardless of municipal boundaries, all lands and roads that, in the engineer’s opinion, should be assessed for benefit, outlet liability or injuring liability, with such proportion of the cost of the drainage works as appears just, and in the report thereon the engineer shall estimate separately the cost of the drainage works within each municipality and upon the road allowances or other boundaries.  R.S.O. 1990, c. D.17, s. 27.
28 Where any lands or roads in or under the jurisdiction of a local municipality, other than the local municipalities into or through which the drainage works passes, are, in the opinion of the engineer of the initiating or other municipality doing the work or part thereof, benefited by the drainage works or provided with an improved outlet or relieved from injuring liability, the engineer may assess the cost of the construction, improvement, maintenance or repair of the drainage works in the same manner as is provided in section 27.  R.S.O. 1990, c. D.17, s. 28. Allowances and Compensation
29 The engineer in the report shall estimate and allow in money to the owner of any land that it is necessary to use, (a) for the construction or improvement of a drainage works; (b) for the disposal of material removed from drainage works; (c) as a site for a pumping station to be used in connection with a drainage works; or (d) as a means of access to any such pumping station, if, in the opinion of the engineer, such right of way is sufficient for the purposes of the drainage works, the value of any such land or the damages, if any, thereto, and shall include such sums in the estimates of the cost of the construction, improvement, repair or maintenance of the drainage works.  R.S.O. 1990, c. D.17, s. 29.
30 The engineer shall determine the amount to be paid to persons entitled thereto for damage, if any, to ornamental trees, lawns, fences, lands and crops occasioned by the disposal of material removed from a drainage works and shall include such sums in the estimates of the cost of the construction, improvement, repair or maintenance of the drainage works.  R.S.O. 1990, c. D.17, s. 30.
31 Where an existing drain that was not constructed on requisition or petition under this Act or any predecessor of this Act is incorporated in whole or in part in a drainage works, the engineer in the report shall estimate and allow in money to the owner of such drain or part the value to the drainage works of such drain or part and shall include such sum in the estimates of the cost of the construction, improvement, repair or maintenance of the drainage works.  R.S.O. 1990, c. D.17, s. 31.
32 Where, in the opinion of the engineer, the cost of continuing a drainage works to a sufficient outlet or the cost of constructing or improving a drainage works with sufficient capacity to carry off the water will exceed the amount of injury likely to be caused to low-lying lands along the course of or below the termination of the drainage works, instead of continuing the works to such an outlet, or making it of such capacity, the engineer may include in the estimate of cost a sufficient sum to compensate the owners of such low-lying lands for any injuries they may sustain from the drainage works, and in the report the engineer shall determine the amount to be paid to the owners of such low-lying lands in respect of such injuries.  R.S.O. 1990, c. D.17, s. 32.
33 Where the engineer thinks it expedient to make an allowance for loss of access to an owner instead of providing for the construction or the replacement, enlargement or other improvement of a bridge, the engineer shall in the report provide for payment to the owner of such amount as appears just by way of allowance for loss of access and shall include such sums in the estimates of the cost of the construction, improvement, repair or maintenance of the drainage works.  R.S.O. 1990, c. D.17, s. 33.
34 In fixing the sum to be assessed upon any land or road, the engineer may take into consideration any prior assessment or allowance on the same land or road for the construction, improvement, maintenance or repair of a drainage works and make such adjustment therefor as appears just, and in the report the engineer shall state the adjustment so made.  R.S.O. 1990, c. D.17, s. 34.
35 The assessment upon any land or road for a drainage works shall be shown by the engineer placing in a schedule to the report sums of money opposite the land or road, and, where the engineer considers it advisable, the fractional part of the whole cost to be borne by the land or road.  R.S.O. 1990, c. D.17, s. 35.
36 The engineer, in assessing the lands and roads requiring drainage or otherwise liable for assessment under this Act, shall show in the report the approximate number of hectares affected by the drainage works in each parcel of land assessed for the drainage works.  R.S.O. 1990, c. D.17, s. 36.
37 The engineer in the report shall list separately the lands in each municipality that are assessed for a drainage works and shall indicate the assessment for the cost of lateral drains and the assessments of lands that are not agricultural lands.  R.S.O. 1990, c. D.17, s. 37.
38 Where the engineer considers it equitable that the cost of the maintenance and repair of a drainage works be assessed upon a basis different from that upon which the cost of its construction or improvement is assessed, the engineer shall determine and report the basis upon which the cost of maintenance and repair of the drainage works or of any part or parts thereof shall be assessed.  R.S.O. 1990, c. D.17, s. 38.
39 (1) The engineer shall file the report with the clerk of the initiating municipality as soon as it is completed or, in any event, within one year after the appointment of the engineer or within such further time as may be extended before or after the expiry of the one-year period by resolution of the council of the municipality.  2010, c. 16, Sched. 1, s. 2 (7). Engineer may forfeit compensation (2) Where, after thirty days notice by council, the engineer neglects to make a report within the time limited by or extended under this section, the engineer shall forfeit all claims for compensation for the work done upon the drainage works, and the council of the local municipality may appoint another engineer.  R.S.O. 1990, c. D.17, s. 39 (2). By-law not invalid by reason report not filed (3) A by-law passed by the council of any local municipality for the construction of a drainage works under this Act shall not be quashed by reason only that the report of the engineer was not filed within the time limited by or extended under this section.  R.S.O. 1990, c. D.17, s. 39 (3). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (7) - 25/10/2010
40 Where the engineer finds that a drainage works is not required or is impractical, or cannot be constructed under this Act, the engineer shall forthwith file with the clerk of the initiating municipality a report to that effect, stating the reasons therefor, the amount of the engineer’s fees and other charges and by whom they shall be paid, and the clerk shall forthwith send a notice of the filing of such report to all persons who signed the petition and the matter shall not be further proceeded with unless the decision of the engineer is reversed on appeal.  R.S.O. 1990, c. D.17, s. 40; 2010, c. 16, Sched. 1, s. 2 (8). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (8) - 25/10/2010
41 (1) Upon the filing of the engineer’s report, the council of the initiating municipality, if it intends to proceed with the drainage works, shall, within 30 days after the filing of the report, cause the clerk of the initiating municipality to send the prescribed persons a copy of the report and a notice stating, (a) the date on which the report was filed; (b) the name or other designation of the drainage works; and (c) the date of the council meeting at which the report will be considered. 2020, c. 18, Sched. 4, s. 6. Clerk to notify persons assessed (2) The clerk of every other local municipality in which any land or road that is assessed for the drainage works or for which compensation or other allowances have been provided in the report is situate shall send within thirty days of the sending of the last notice under subsection (1) a copy of the report and notice to the owners, as shown by the last revised assessment roll to be the owners of the lands and roads in such municipality assessed for the drainage works, or for which compensation or other allowance has been provided in the report stating, (a) the date of the filing of the report; (b) the name or other designation of the drainage works; and (c) the date of the council meeting of the initiating municipality at which the report will be considered.  R.S.O. 1990, c. D.17, s. 41 (2); 2010, c. 16, Sched. 1, s. 2 (10). Copy of report not required (3) Despite subsections (1) and (2), where a block assessment is made, the notice to the owners of the lands so assessed need not be accompanied by a copy of the report.  R.S.O. 1990, c. D.17, s. 41 (3). Same (3.1) Despite subsections (1) and (2), the council of a local municipality is not required to send a copy of the report to owners of lands and roads assessed for a sum of less than $100.  1998, c. 18, Sched. A, s. 1 (1). Council meeting for consideration of report (4) The date of the council meeting at which the report will be considered shall not be less than ten days after the last notice has been sent under subsections (1) and (2).  R.S.O. 1990, c. D.17, s. 41 (4); 2010, c. 16, Sched. 1, s. 2 (11). By-law not to be quashed (5) A by-law passed by the council of any local municipality in connection with the construction of a drainage works under this Act shall not be quashed by reason only that any notices required under this section were not sent within the specified time limits.  R.S.O. 1990, c. D.17, s. 41 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. A, s. 1 (1) - 18/12/1998 2010, c. 16, Sched. 1, s. 2 (9-11) - 25/10/2010 2020, c. 18, Sched. 4, s. 6 - 30/06/2021
42 The council of the initiating municipality at the meeting mentioned in section 41 shall consider the report, and, where the drainage works is requested on petition, shall give an opportunity to any person who has signed the petition to withdraw from it by filing a signed withdrawal with the clerk and shall also give those present owning lands within the area requiring drainage who have not signed the petition an opportunity to do so, and should any of the lands or roads owned by the municipality within the area requiring drainage as described in the petition be assessed, the council may by resolution authorize the head of the municipality to sign the petition for the municipality, and such signature counts as that of one person in favour of the petition.  R.S.O. 1990, c. D.17, s. 42; 2010, c. 16, Sched. 1, s. 2 (12). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (12) - 25/10/2010
43 If, after striking out the names of the persons withdrawing, the names remaining on the petition, including the names, if any, added as provided by section 42 do not comply with section 4, the original petitioners on their respective assessments in the report are chargeable proportionately with and liable to the municipality for the expenses incurred by the municipality in connection with the petition and report and the sum with which each of such petitioners is chargeable shall be entered upon the collector’s roll for the municipality against the lands of the person liable, and shall be collected in the same manner as real property taxes.  R.S.O. 1990, c. D.17, s. 43.
44 If, at the end of such council meeting, the petition contains a sufficient number of names to comply with section 4, the council may proceed to adopt the report, and, subject to section 59, no person having signed the petition shall, after the adoption of the report, be permitted to withdraw.  R.S.O. 1990, c. D.17, s. 44.
45 (1) If a by-law in the form prescribed by the regulations, with the engineer’s report attached to it, is given two readings by council, the report shall be considered to be adopted and the by-law shall be known as a provisional by-law.  2010, c. 16, Sched. 1, s. 2 (13). Appeal or referral to Tribunal (2) Where a report is not adopted by council, any petitioner may appeal to the Tribunal or, where lands used for agricultural purposes are included in the area to be drained, the Minister may refer the matter to the Tribunal.  R.S.O. 1990, c. D.17, s. 45 (2); 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 2010, c. 16, Sched. 1, s. 2 (13) - 25/10/2010
46 (1) The council of the initiating municipality shall, within five days after the adoption of the report, send a copy of the provisional by-law, exclusive of the engineer’s report, and a notice of the time and place of the first sitting of the court of revision to every other local municipality in which any land or road is assessed for the drainage works or for which allowance or compensation has been provided for in the report.  R.S.O. 1990, c. D.17, s. 46 (1); 2010, c. 16, Sched. 1, s. 2 (14). Idem (2) The council of the initiating municipality and of every local municipality to whom a copy of the provisional by-law is sent under subsection (1) shall, within thirty days after the adoption of the report, send a copy of the provisional by-law, exclusive of the engineer’s report, and a notice of the time and place of the sitting of the court of revision to each person or body entitled to notice under section 41 and the notice shall inform each owner that the owner may appeal the owner’s assessment to the court of revision by a notice given to the clerk of the initiating municipality not later than ten days prior to the first sitting of the court of revision.  R.S.O. 1990, c. D.17, s. 46 (2); 2010, c. 16, Sched. 1, s. 2 (15). Sittings of court (3) The first sitting of the court of revision shall be held on a day not earlier than twenty nor later than thirty days from the date of completing the sending of the copies of the provisional by-law under subsection (2).  R.S.O. 1990, c. D.17, s. 46 (3); 2010, c. 16, Sched. 1, s. 2 (16). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (14-16) - 25/10/2010 Appeals
47 (1) Any owner of land or public utility affected by a drainage works, if dissatisfied with the report of the engineer on the grounds that it does not comply with the requirements of this Act, or that the engineer has reported that the drainage works cannot be constructed under section 4, may appeal to the referee and in every case a notice of appeal shall be served upon the council of the initiating municipality within 40 days after the sending of the notices under section 40 or subsection 46 (2), as the case may be.  R.S.O. 1990, c. D.17, s. 47 (1); 2010, c. 16, Sched. 1, s. 2 (17). Notice to court clerk (2) Upon receipt of a notice of appeal under subsection (1), the clerk of the municipality shall forthwith record the notice and send a copy of the notice to the clerk of the court of the referee.  R.S.O. 1990, c. D.17, s. 47 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 2 (17) - 25/10/2010
48 (1) Any owner of land or any public utility affected by a drainage works, if dissatisfied with the report of the engineer on the grounds that, (a) the benefits to be derived from the drainage works are not commensurate with the estimated cost thereof; (b) the drainage works should be modified on grounds to be stated; (c) the compensation or allowances provided by the engineer are inadequate or excessive; (d) the engineer has reported that the drainage works is not required, or is impractical, or cannot be constructed, may appeal to the Tribunal, and in every case a notice of appeal shall be served within 40 days after the sending of the notices under section 40 or subsection 46 (2), as the case may be.  R.S.O. 1990, c. D.17, s. 48 (1); 2006, c. 19, Sched. A, s. 6 (1); 2010, c. 16, Sched. 1, s. 2 (18). Appeal by Director (2) Where lands used for agricultural purposes may be affected by the drainage works, the Director may appeal to the Tribunal on any of the grounds and in the manner mentioned in subsection (1).  R.S.O. 1990, c. D.17, s. 48 (2); 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 2010, c. 16, Sched. 1, s. 2 (18) - 25/10/2010
49 Where the proposed drainage works is to be undertaken within a watershed in which a conservation authority has jurisdiction, the authority may appeal from the report of the engineer to the Tribunal on the ground that the drainage works will injuriously affect a scheme undertaken by the authority under the Conservation Authorities Act, and in every case a notice of appeal shall be served within 40 days after the sending of the notices under subsection 46 (2).  R.S.O. 1990, c. D.17, s. 49; 2006, c. 19, Sched. A, s. 6 (1); 2010, c. 16, Sched. 1, s. 2 (19). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (19) - 25/10/2010
50 (1) The council of any local municipality to which a copy of a provisional by-law was sent under subsection 46 (1) may, within forty days after the copy of the provisional by-law was sent to the clerk, appeal to the Tribunal from the report by serving the clerk of the initiating municipality and the clerk of every other municipality assessed by the engineer with a notice of appeal setting forth the reasons for such appeal.  R.S.O. 1990, c. D.17, s. 50 (1); 2006, c. 19, Sched. A, s. 6 (1); 2010, c. 16, Sched. 1, s. 2 (20). Reasons for appeal (2) The reasons for appeal may be the following, or any of them, (a) that the proposed drainage works as it affects the appealing municipality should be abandoned or modified, on grounds to be stated; (b) that the course of the drainage works or any part thereof should be altered; (c) that the drainage works does not provide a sufficient outlet; (d) that the drainage works should be carried to an outlet in the initiating municipality or elsewhere; (e) that a petition has been received by the council of the appealing municipality, as provided by section 4, for the enlargement by the appealing municipality of any part of a drainage works lying within its limits, and thence to an outlet, and that the council is of opinion that such enlargement is desirable to afford drainage facilities for the area described in the petition; (f) the work is unnecessary; or (g) that the assessment against lands and roads within the limits of the appealing municipality and roads under its jurisdiction is illegal, unjust or excessive.  R.S.O. 1990, c. D.17, s. 50 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (20) - 25/10/2010
51 (1) On any appeal or reference to the Tribunal under this Act, the Tribunal shall hear and determine the matter and, where not so provided, may make such order and direct such things to be done as are authorized by this Act or as it considers proper to carry out the purposes of this Act.  R.S.O. 1990, c. D.17, s. 51 (1); 2006, c. 19, Sched. A, s. 6 (4). Parties (2) The parties to an appeal or reference to the Tribunal under this Act shall be the person making the appeal or reference and such other persons as the Tribunal may specify.  R.S.O. 1990, c. D.17, s. 51 (2); 2006, c. 19, Sched. A, s. 6 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (4) - 22/06/2006
52 (1) An owner of land assessed for the drainage works may appeal to the court of revision on any of the following grounds: 1. Any land or road has been assessed an amount that is too high or too low. 2. Any land or road that should have been assessed has not been assessed. 3. Due consideration has not been given to the use being made of the land.  2010, c. 16, Sched. 1, s. 2 (21). Notice of appeal (2) To appeal, the owner shall send a notice to the clerk of the initiating municipality setting out the grounds of the appeal at least 10 days before the first sitting of the court.  2010, c. 16, Sched. 1, s. 2 (21). Hearing of appeal (3) If notice of appeal is sent in accordance with subsection (2), the court of revision shall hear the appeal.  2010, c. 16, Sched. 1, s. 2 (21). Discretion of court of revision (4) If notice of appeal is not sent in accordance with subsection (2), the court of revision may, by resolution passed at its first sitting, allow an appeal to be heard on such conditions as to giving notice to all persons interested or otherwise as the court considers just.  2010, c. 16, Sched. 1, s. 2 (21). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 107 - 01/05/2007 2010, c. 16, Sched. 1, s. 2 (21) - 25/10/2010
53 When the ground of appeal is that lands or roads are assessed too high and the evidence adduced satisfies the court of revision or Tribunal that the assessments on such lands or roads should be reduced and there is no evidence to indicate that the amount of such reduction should be levied against lands or roads whose owners are parties to appeals then pending before the court of revision or Tribunal, the court or Tribunal shall adjourn the hearing of the appeal for a time sufficient to enable the clerk to notify such persons as the appellant may specify who are shown by the last revised assessment roll to be owners of land affected of the date to which the hearing is adjourned, and the clerk shall so notify all such persons, and at such adjourned hearing the court or Tribunal shall dispose of the matter of appeal and, where appropriate, redistribute the assessments in such manner as appears just.  R.S.O. 1990, c. D.17, s. 53; 2006, c. 19, Sched. A, s. 6 (5); 2010, c. 16, Sched. 1, s. 2 (22). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (5) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (22) - 25/10/2010
54 (1) Any party to an appeal before the court of revision may appeal to the Tribunal by giving notice addressed to the clerk of the Tribunal, given to the clerk of the initiating municipality, from the decision of the court of revision or from its omission, neglect or refusal to hear or decide an appeal within twenty-one days of the pronouncement of the decision of the court of revision or of any matter evidencing such omission, neglect or refusal.  R.S.O. 1990, c. D.17, s. 54 (1); 2006, c. 19, Sched. A, s. 6 (1). Notice (2) The clerk of the Tribunal shall give ten days notice to an appellant of the time and place of the hearing of the appeal by the Tribunal.  R.S.O. 1990, c. D.17, s. 54 (2); 2006, c. 19, Sched. A, s. 6 (1). Procedure (3) Every appeal shall be heard by the Tribunal by way of a new hearing and shall be disposed of by the Tribunal in such manner as it considers proper, and its decision is final.  R.S.O. 1990, c. D.17, s. 54 (3); 2006, c. 19, Sched. A, s. 6 (6). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1, 6) - 22/06/2006
55 In any appeal to the court of revision or to the Tribunal in which the engineer is called upon to give evidence as to how an assessment was determined, the engineer shall give evidence before the appellant’s case is presented.  R.S.O. 1990, c. D.17, s. 55; 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
56 Any change in an assessment made by the court of revision or by the Tribunal shall be given effect to by the clerk of the local municipality altering the assessments and other parts of the schedule to comply therewith and sending notice thereof to the owners affected, and the provisional by-law shall, before the passing thereof, be amended to carry out any changes so made by the court of revision or by the Tribunal.  R.S.O. 1990, c. D.17, s. 56; 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
57 The council of the initiating municipality, at any time before passing the by-law, if it appears that there are or may be errors in the report of the engineer or that for any other reason the report should be reconsidered, may refer the report back to the engineer for reconsideration, and the engineer shall thereupon reconsider the report and shall further report to the council, which report has the same effect and shall be dealt with in the same manner and the proceedings thereon shall be the same as upon the original report.  R.S.O. 1990, c. D.17, s. 57.
58 (1) Where the council of an initiating municipality has adopted a report for the construction of a drainage works after the time for appealing has expired and there are no appeals or after all appeals have been decided, the council may pass the provisional by-law to which the engineer’s report was attached, thereby authorizing the construction of the drainage works, and work may be commenced ten days after the by-law is passed if no notice of intention to make application to quash the by-law has been filed with the clerk of the council.  R.S.O. 1990, c. D.17, s. 58 (1); 2010, c. 16, Sched. 1, s. 2 (23). Quashing of by-law (2) If no notice of intention to make application to quash a by-law is filed with the clerk of the council within ten days after the passing of the by-law or, where a notice of intention has been given, if an application to quash is not made to the referee within three months after the passing of the by-law, the by-law, or so much thereof as is not the subject of or is not quashed upon any such application, is valid and binding according to its terms, so far as it prescribes or directs anything within the proper competence of the council.  R.S.O. 1990, c. D.17, s. 58 (2). Repeal of by-law (3) A by-law may be repealed at any time before the work is commenced and before any assessment has been levied against the land assessed, and in such case the council of the initiating municipality shall pay all expenses in connection therewith out of the general funds of the municipality.  R.S.O. 1990, c. D.17, s. 58 (3). Where error in report (4) If, at any time after the by-law is passed and before any assessments are levied, a gross error in the report is found, the council of the initiating municipality may on notice to all persons assessed apply to the Tribunal to correct the error.  R.S.O. 1990, c. D.17, s. 58 (4); 2006, c. 19, Sched. A, s. 6 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 58 (4) of the Act is repealed. (See: 2020, c. 18, Sched. 4, s. 7) Appeal to Tribunal (5) Where the council does not proceed with reasonable dispatch with the construction of the work after passage of the by-law, a petitioner may appeal to the Tribunal or, where lands used for agricultural purposes are included in the area to be drained, the Minister may refer the matter to the Tribunal, and the Tribunal may direct the council to take such action as the council is authorized to take under this Act and as the Tribunal considers proper.  R.S.O. 1990, c. D.17, s. 58 (5); 2006, c. 19, Sched. A, s. 6 (1); 2010, c. 16, Sched. 1, s. 2 (24). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. A, s. 6 (1) - 22/06/2006 2010, c. 16, Sched. 1, s. 2 (23, 24) - 25/10/2010 2020, c. 18, Sched. 4, s. 7 - not in force
59 (1) Where the contract price exceeds 133 per cent of the engineer’s estimate of the contract price, the council of the initiating municipality shall call a meeting in the manner prescribed by section 41, and sections 42 and 43 apply with necessary modifications.  R.S.O. 1990, c. D.17, s. 59 (1). Council may proceed with construction (2) If at the close of the meeting the petition contains a sufficient number of names to comply with section 4, the council may proceed with the construction of the drainage works.  R.S.O. 1990, c. D.17, s. 59 (2).