Recommendation
Whereas Section 78 of the Drainage Act (the “Act”) prescribes that “if a drainage works has been constructed under a by-law passed under the Act of any predecessor of the Act, and the Council of the municipality that is responsible for maintaining and repairing the drainage works considers it appropriate to undertake one or more of the projects listed in subsection (1.1) for the better use, maintenance or repair of the drainage works or of lands or roads, the municipality may undertake and complete the project in accordance with the report of an engineer appointed by it and without the petition required by Section 4”;
And whereas Section 78(5) of the Act prescribes that despite subsections (2) to (4), the Minister may prescribe the process for approving minor improvements to a drainage works mentioned in paragraph 8 of subsection (1.1).
And whereas a property owner assessed into the Rathbun Municipal Drain has filed a notice of request for drain minor improvement with the County of Brant (the County) dated December 2, 2024;
And whereas the project being requested meets the criteria for a minor improvement project as described in O. Reg. 500/21, Part II, section 7(1);
Be it hereby resolved that in accordance with Section 78(5) of the Act, the County hereby appoints Streamline Engineering Inc. as the engineer to prepare a report for council’s consideration in accordance with the requirements of the Drainage Act.