OMAFRA proposing amendments to Drainage Act Referee Rules of Practice

From the Environmental Bill of Rights Registry:

The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) is proposing amendments to R.R.O. 1990, Regulation 275 “Rules of Practice and Procedure to be Followed in All Proceedings Before the Referee” under the Drainage Act. The current version of Regulation 275 dates from 1990 and the proposed amendments intend to update, clarify and generally improve the regulation.

The Drainage Act provides three bodies to which a landowner may appeal when a drainage works is being proposed or improved. The appeal bodies are the Court of Revision, the Agriculture, Food and Rural Affairs Appeal Tribunal, and the Drainage Referee.

The Drainage Referee hears appeals on the legal aspects of drainage work as well as appeals from a decision of the Tribunal. The legal procedures before the Referee are formal. Regulation 275 sets out the procedural rules that must be followed in a matter held before the Drainage Referee. Proposed amendments include:

• Rewording to provide clarification and avoid ambiguity
• Removal of superfluous text and unnecessary and obsolete sections
• Updated terminology and timeframes to reflect present uses in proceedings
• Additional subsection requiring parties to attend a pre-trial conference where parties may resolve the issue before it goes to trial

This proposal has been posted for a 45 day public review and comment period starting March 29, 2012.  Comments or questions can be submitted by May 13, 2012 to:

Sid VanderVeen
Coordinator
Ministry of Agriculture, Food and Rural Affairs
Food Safety and Environment Division
1 Stone Road West
Floor 5 NW
Guelph Ontario
N1G 4Y2
Phone: (519) 826-3552
Fax: (519) 826-3259

Comments can be submitted on-line at: Comments.

All comments received prior to May 13, 2012 will be considered as part of the decision-making process by the Ministry of Agriculture, Food and Rural Affairs if they are submitted in writing or electronically using the form provided in the notice and reference EBR Registry number 011-5985.