6. DRAINAGE ACT – SECTION 39 (1) REPORT FILING EXTENSIONS LOI SUR LE DRAINAGE – PARAGRAPHE 39(1) LA
PROROGATION DU DÉLAI IMPARTI POUR LES RAPPORTS |
COMMITTEE
RECOMMENDATION
That
Council approve the
extension of the timing for filing of Engineer's Reports for the following
proposed drainage works:
-
Upper Flowing Creek
-
David Adams
-
Arbuckle
-
Dowdall/Morold Municipal Drain
-
Upper Karl Municipal Drain
-
Upper Dowdall Municipal Drain
-
Hazeldean Road
-
McEvoy Branch of Shields Municipal
Drain
Under Section 39(1) of the Drainage Act, RSO, 1990, Chapter D.17.
per Document 1, attached.
Recommandation du Comité
Que le Conseil
approuve la prorogation du délai imparti pour le dépôt des rapports de
l’ingénieur pour les drains municipaux suivis :
-
Upper Flowing Creek
-
David Adams
-
Arbuckle
-
Dowdall/Morold drain municipal
-
Upper Karl drain municipal
-
Upper Dowdall drain municipal
-
Hazeldean Road
-
McEvoy Branch of Shields drain
municipal
En vertu du paragraphe 39(1) de la Loi sur le drainage, L.R.O.
1990, chapitre D.17. en vertu de document 1, attacher.
Documentation
1.
Deputy
City Manager's report Infrastructure Services and Community Sustainability
dated 26 November 2008 (ACS2008-ICS-WWS-0026).
2.
Extract
of Draft Minutes, 27 November 2008.
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des questions rurales
and Council / et au Conseil
26 November 2008 / le 26 novembre 2008
Submitted by/Soumis
par : Nancy Schepers,
Deputy City
Manager/Directrice municipale adjointe
Infrastructure
Services and Community Sustainability/
Services
d’infrastructure et Viabilité des collectivités
Contact
Person/Personne ressource : Dixon Weir, Director / Directeur
Water and
Wastewater Services/Services de gestion de l'eau et des eaux usées
(613)
580-2424 x 22002, Dixon.Weir@ottawa.ca
SUBJECT:
|
Drainage Act – Section 39 (1) Report Filing Extensions
|
|
|
|
OBJET :
|
Loi sur le drainage – paragraphe 39(1) la
prorogation du délai imparti pour les rapports |
That the Agriculture and Rural Affairs Committee recommend that Council
approve the extension of the timing for filing of Engineer's Reports for the
following proposed drainage works:
-
Upper Flowing Creek
-
David Adams
-
Arbuckle
-
Dowdall/Morold Municipal Drain
-
Upper Karl Municipal Drain
-
Upper Dowdall Municipal Drain
-
Hazeldean Road
-
McEvoy Branch of Shields Municipal
Drain
under Section 39(1) of the Drainage Act, RSO, 1990, Chapter D.17.
per Document 1, attached.
Que le Comité de
l’agriculture et des affaires rurales recommande au Conseil d’approuver la
prorogation du délai imparti pour le dépôt des rapports de l’ingénieur pour les
drains municipaux suivis :
-
Upper Flowing Creek
-
David Adams
-
Arbuckle
-
Dowdall/Morold drain municipal
-
Upper Karl drain municipal
-
Upper Dowdall drain municipal
-
Hazeldean Road
-
McEvoy Branch of Shields drain
municipal
en vertu du paragraphe
39(1) de la Loi sur le drainage, L.R.O. 1990, chapitre D.17. en vertu de
document 1, attacher.
This report is being
brought forward to address the provisions of Section 39(1) of the Drainage Act,
which requires a resolution passed by Council to extend the time for the filing
of Engineer's Reports beyond the prescribed six month timeframe.
Previous reports to Committee have identified the
complexities related to gaining the necessary approval from provincial and
federal regulatory bodies for the construction of new drainage works. A combination of calendar-fixed study timeframes and prescriptive
drainage works approval, construction and appeal process timeframes, and the
required efforts on the part of the Council-appointed Engineer to assess and
mitigate the affects to fish habitat and other natural features all contribute to
the need for an extended reporting timeline.
Currently, Drainage Engineers have been appointed by City Council to
prepare reports for each of the Upper Flowing Creek, David Adams, Arbuckle,
Dowdall/Morold Municipal Drain, Upper Karl, McEvoy Branch of Shields Municipal
Drain and Hazeldean Road drainage works.
For the reasons described, the Drainage Engineers are unable to deliver
the reports within the prescribed six month timeframe.
The delays in moving
drainage works forward is a province-wide issue that is not unique to the City
of Ottawa. There has been recognition
by all government agencies of the resulting challenges that the application of
these additional requirements has placed on landowners and municipalities. The delays are necessary and reasonable in
all the circumstances in order to fully meet legislative requirements.
DISCUSSION
The passing of a
Council resolution to allow for an extension of the time for the filing of the
Engineer's Reports may occur before or after the expiry of the six month
period, but should occur prior to the filing of the Engineer's Report with the
City Clerk. As some of the reports are
expected to be filed with the City Clerk in the next few months it is necessary
for City Council to pass the resolution at this time, in order to remain in
compliance with the Drainage Act and ensure that the approvals process
is not impaired. The extension will
allow the Council-appointed Engineer to address the various regulatory
requirements, which will assist in obtaining the necessary approvals needed to
proceed with the construction of the drainage works. The additional reporting timeline will also allow for the
Drainage Engineer and various federal and provincial regulatory agencies to
develop formal and standardized methodologies and protocols for works under the
Drainage Act.
The majority of new
drainage works constructed under the Drainage Act, R.S.O 1990, c.17, are
required to provide drainage for rural agriculture and infrastructure and to
prevent flooding of lands and roads in the rural and semi-rural areas of the
City.
The Drainage Act has prescribed
requirements for consultation with directly affected landowners and regulatory
agencies and each of the drainage works projects is adhering to these
requirements. Several formal and informal meetings have been held, and will be
held in the future with affected landowners, City staff, the Council-appointed
Engineers as well as the various regulatory agencies. This province-wide situation has been recognized by the
provincial and federal agencies, the conservation authorities and the Drainage
Superintendent’s Association of Ontario (DSAO) and working groups have been
established at the federal (Drainage Action Working Group - DAWG) and
provincial (Drainage Action Review Team) levels to address the situation and
develop standardized protocols.
Legal
Services has been consulted in the preparation of this Report and concurs with
the recommended extensions being sought by the Department under the applicable
provision of the Drainage Act.
There are no financial implications associated with this report.
Document 1 - Table of New Drainage Act Works
Projects
The
Council-appointed Engineers will be notified by the City Drainage
Superintendent of Council's decision.
Table of New
Drainage Act Works Projects Document
1
Section 39(1) - Drainage Act
– Engineer’s Reports Filing Extensions
|
Project Name |
Ward |
Council Approval |
Council-appointed Drainage Engineer |
Drainage
Act Authority |
Timing
of filing Engineer’s report with City Clerk |
|
Dowdall/Morold
MD Report |
Goulbourn |
March
2005 |
Robinson Consultants Inc. Andy
Robinson, P.Eng. |
Section
78 (revise existing report to reflect changes and improvements to the drain) |
June 30, 2009 |
|
David
Adams Report |
Rideau |
April
2005 |
Robinson Consultants Inc. Andy
Robinson, P.Eng. |
Section
4 (new report to give status to existing award ditch) |
June 30, 2009 |
|
Arbuckle
Report |
Goulbourn |
Oct 2005 |
Robinson Consultants Inc. Andy
Robinson, P.Eng. |
Section
4 (new report to give status to existing award ditch) |
December 31, 2009 |
|
Upper
Flowing Creek Report |
Goulbourn |
July
2006 |
Robinson Consultants Inc. Andy
Robinson, P.Eng. |
Section
4 (new report to give status to an existing watercourse) |
June 30, 2009 |
|
McEvoy
Branch of Shields MD |
Osgoode |
January
2008 |
Stantec
Consulting Ltd. John van
Gaal, P.Eng. |
Section
78 (modifications to an existing Municipal Drain) |
June 30, 2009 |
|
Hazeldean
Road |
Goulbourn |
May 2008 |
Stantec
Consulting Ltd. John van
Gaal, P.Eng. |
Section
4 (petition for new drainage works) Preliminary Report |
December 31, 2009 |
|
Upper
Dowdall MD (Ashton Station Road) |
Goulbourn/ Beckwith |
June
2008 |
Robinson Consultants Inc. Andy
Robinson, P.Eng. |
Section
4 (petition to extend existing drain) Preliminary
Report |
December 31, 2009 |
|
Upper
Karl MD (Ashton Station Road) |
Goulbourn/ Beckwith |
June
2008 |
Robinson Consultants Inc. Andy
Robinson, P.Eng. |
Section
4 (petition to extend existing drain) Preliminary
Report |
December 31, 2009 |
DRAINAGE ACT – SECTION 39 (1) REPORT FILING EXTENSIONS
LOI
SUR LE DRAINAGE – PARAGRAPHE 39(1) LA PROROGATION DU DÉLAI IMPARTI POUR LES
RAPPORTS
ACS2008-ICS-WWS-0026 Rideau-Goulbourn (21); Osgoode (20)
Dave Ryan,
Project Manager, Municipal Drainage explained that the Drainage Engineer
appointed by Council typically has six months to report back to the Province;
however, the regulatory requirements from the Rideau Valley Conservation
Authority and Fisheries and Oceans Canada have made the timeframe no longer
workable for the engineer. He added
that most reports are taking two to three years, and highlighted that a section
in the act allows Council to extend the six-month reporting period.
That the Agriculture and Rural Affairs Committee recommend that Council
approve the extension of the timing for filing of Engineer's Reports for the
following proposed drainage works:
-
Upper Flowing Creek
-
David Adams
-
Arbuckle
-
Dowdall/Morold Municipal Drain
-
Upper Karl Municipal Drain
-
Upper Dowdall Municipal Drain
-
Hazeldean Road
-
McEvoy Branch of Shields Municipal
Drain
Under Section 39(1) of the Drainage Act, RSO, 1990, Chapter D.17.
per Document 1, attached.
CARRIED