Drainage Act, R.S.O. 1990, c. D.17

• Jurisdiction: Ontario

Drainage Act

R.S.O. 1990, CHAPTER D.17

Consolidation Period: From June 30, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 42.

CONTENTS

Definitions

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

Mutual agreement re drainage works

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

Drainage works constructed on requisition

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

Petition

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...