Process to approve minor improvement to a drainage works
 8. (1) In order to obtain approval to carry out minor improvements to a drainage works the owner of a property on which the activity is to take place shall apply to the council of the municipality where the property is located using a form prescribed by the regulations. (2) As soon as reasonably possible after receiving the application, the council shall make a determination as to whether the activity meets the requirements set out in subsection 7 (1) and, (a)  if the council is of the opinion that the activity does meet the requirements, (i)  provide notice of the decision to the applicant; (ii)  provide notice of the decision to the Conservation Authority that has jurisdiction over the property on which the activity is to take place or, if no conservation authority exists for such property, the Minister of Northern Development, Mines, Natural Resources and Forestry, and (iii)  provide the engineer appointed by the municipality with a copy of the application and of the engineer’s appointing documentation; or (b)  if the council is of the opinion that the activity does not meet the requirements, provide notice of the decision to the applicant. (3) Upon receipt from the council of a copy of the application and of the engineer’s appointing documentation, the engineer appointed by the municipality shall conduct a site visit to confirm that the activity meets the requirements set out in subsection 7 (1) and, within 180 days after receiving a copy of the application and of the engineer’s appointing documentation, (a)  if the engineer is of the opinion that the activity does meet the requirements, (i)  provide notice of the decision to the applicant and the council of the municipality, and (ii)  provide the clerk of the municipality with a report that includes, (A)  the design and any plans, profiles and specifications for the minor improvement project, (B)  an estimate of the contract price, and (C)  a statement confirming that the engineer’s design meets the requirements set out in subsection 7 (1); or (b)  if the engineer is of the opinion that the activity does not meet the requirements, provide notice of the decision to the applicant and the municipality. (4) Within 10 days after receiving the engineer’s report under subclause (3) (a) (ii), the clerk of the municipality shall provide the applicant and anyone who received notice under subclause (2) (a) (ii) with a notice of the meeting referred to in subsection (5), which shall include the following information: 1.  The date, time and location of the meeting. 2.  The date on which the engineer provided the report under subclause (3) (a) (ii). 3.  The name of the drain. (5) Within 30 days after receiving the engineer’s report under subclause (3) (a) (ii), the council of the municipality shall hold a meeting at which the engineer, the applicant and anyone who received notice under subclause (2) (a) (ii) can provide submissions about the proposed minor improvement project and after receiving the submissions, (a)  if the council is of the opinion that the design of the activity in the engineer’s report meets the requirements set out in subsection 7 (1), the council may, (i)  provide notice of this decision to the applicant, or (ii)  request that the engineer make changes to the engineer’s report and resubmit the report to the council as soon as reasonably possible; or (b)  if the council is of the opinion that the design of the activity in the engineer’s report does not meet the requirements set out in subsection 7 (1), the council shall provide notice of the decision to the applicant. (6) If the council requests that an engineer make changes to the engineer’s report and resubmit the report, subsections (4) and (5) apply, with necessary modifications, to the resubmitted report. (7) If the council is of the opinion that the design of the activity in the engineer’s report meets the requirements set out in subsection 7 (1) and that no further changes to the report are required, (a)  the council shall prepare a provisional by-law authorizing the activity; and (b)  the clerk of the municipality shall send a copy of the provisional by-law and notice of the right to appeal the provisional by-law to the applicant, anyone who received notice under subclause (2) (a) (ii) and the Director. (8) Within 10 days after receiving notice under clause (7) (b), a person referred to in that clause may appeal the provisional by-law to the referee. (9) The council for the municipality shall pass the provisional by-law thereby authorizing the activity as soon as reasonably possible after, (a)  the time to commence an appeal expires, if no appeal is commenced within that time; or (b)  the date on which the appeal is decided. (10) If the engineer or municipality determines that the contract price of carrying out the activity exceeds 133 per cent of the engineer’s estimate of the contract price set out in the engineer’s report, (a)  the minor improvement project will proceed if the applicant consents to the new contract price; or (b)  the minor improvement project will not proceed and the municipality will repeal the by-law authorizing the project if the applicant does not consent to the new contract price. (11) For greater certainty, notice of a decision under subclauses (2) (a) (i), (3) (a) (i) and (5) (a) (i) do not constitute an approval. Part III   PROCESS FOR amendments to an Engineer’s Report