Storm Drainage

Interior of the Municipality of Leamington

Leamington has well over 300 municipal drains within the Municipality.  Due to our flat terrain and predominately agriculture lands, the need for drainage is very important.  The Drainage Act is legislation provided by the Ontario Ministry of Agriculture, Food and Rural Affairs.  It is the Drainage Superintendent’s role to follow this legislation.  The Drainage Act provides a democratic procedure for the construction, improvement and maintenance of drainage works. 

 Drain Maintenance

Drainage works are maintained by the Municipality at the expense of all the upstream lands and roads assessed by the Engineer's report. Any person, whose property is injured, may give the Clerk 45 days notice to repair the drainage works.  If an owner obstructs a drain, the obstruction may be removed at his expense.  A Municipality with an approved drainage superintendent may receive a grant for maintenance work.

Improvement/New Construction

Council can improve a drain on the report of an Engineer, without a petition. An owner can make a written request to Council for the improvements of a drain, or, Council can initiate the improvements. The procedure follows that for a petition drain as much as possible starting at step 3 in the Order of Procedure. 

 The Tile Drainage Act
The Tile Drainage Act makes loans available for the drainage work done on a farm. A loan is obtained from the provincial government through the township council.  After the township has passed the necessary borrowing by-law, an assessed owner may make application for a loan. The application is made prior to the work commencing. The loan cannot exceed 75% of the total cost of the drainage system. The approval of a loan application lies within the discretion of Council. Council may request such information as they are required to arrive at a decision. Written notice of the Council's decision is given to each applicant. After Council's approval of the loan, the work may commence.

 

The Tile Loan Act

Agricultural Drainage Infrastructure Program (Farm Grant)

Roadside Ditches
Roadside ditches or enclosed drainage systems in the rural area are designed to handle road water only. 

On occasion a property that drains into a roadside drain requests the drain or tile to be maintained.  Since this is not a municipal drain there is no way to assess costs fairly, therefore the municipality has implemented a two-third, one-third cost sharing.

 Court of Revision
The Court of Revision is an appeal body established under Section 97 the Drainage Act.  The Act sets out a democratic process for constructing new drains or improving existing drains.  The basic idea is that property owners who benefit from a new or improved drain should pay their share toward the cost of construction.

A Drainage report is prepared by a drainage engineer outlining proposed drainage works and includes a schedule of affected properties. Once the report is provisionally adopted by Council, a notice of the Court of Revision is sent to all affected property owners. The purpose of the Court of Revision is to hear any objections to the charges being assessed to individual property owners as outlined in the report. Affected property owners may object to any charges being assessed by filing a Notice of Appeal with the Clerk within 10 days of the sitting of the Court of Revision. The Court of Revision only has authority to change the schedule of assessments. Members cannot make changes to the technical aspects of the engineers report. 

Members of the Court of Revision may hear appeals on three grounds:

  • Land or road has been assessed too high or low
  • Land or road should have been assessed but has not
  • Due consideration was not given to the land's use

The Court of Revision hears these appeals and decides whether they are valid. 

Members of the Court

  • Deputy Mayor Larry Verbeke
  • Councillor Paul Tiessen
  • Councillor Tim Wilkinson
  • Councillor John Hammond
  • Councillor Trevor Jones

For a more comprehensive overview as to Drainage Act Appeals, please refer to the Drainage Act Appeals Fact Sheet.

 

If you wish to file an appeal, please complete the below form and submit it to clerks@leamington.ca

 

Notice of Appeal Form

Contact(s)

© 2020 The Municipality of Leamington 111 Erie Street North, Leamington, Ontario N8H 2Z9

Phone: 519-326-5761
Fax: 519-326-2481
Email: General Information

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