ADDITIONAL INFORMATION MEMO
- TO: Mayor and Members of City Council
- FROM: Joe Dattilo
- DATE: April 29, 2020
- SUBJECT: Additional information to report C 73/2019 Item 8.6 May 4, 2020 Council Agenda
Report C 73/2019, scheduled for a May 4, 2020 Council Meeting includes the following recommendation:
“That City Council ADOPT the drainage report completed by Landmark Engineers Inc., dated January 16, 2020 (attached), for the Repair and Improvement of the Broadway and Healy Drains by giving first and second readings to Provisional By- law ____-2020 in accordance with Section 45 of the Ontario Drainage Act.”
The recommendation is being proposed for edit, as this matter does not require the consideration at the Court of Revision. Therefore the third reading of the By-law is permissible and the By-law no longer needs to be provisional and can be adopted in full.
The by-law in question is required by s.45 of the Drainage Act. Generally, this by-law is given 2 readings and called a provisional bylaw. The reason for the 2 readings is so that there is an opportunity to appeal in accordance with s.48. s.58 indicates that where the time for appeals has expired or there are no appeals the provisional by-law can be passed (or given 3rd reading).
In this case, 100% of the cost of the work is assessed to Windsor Detroit Bridge Authority (WDBA) with construction being complete and paid for. Therefore s.48 appeal is not going to come into play, and s.58 says where there are no appeals the by-law can get 3rd reading.
Therefore, the by-law should get 3 readings on May 4.
Relevant Drainage Act extracts of s.45, 48 and 58 are as follows:
45 (1) If a by-law in the form prescribed by the regulations, with the engineer’s report attached to it, is given two readings by council, the report shall be considered to be adopted and the by-law shall be known as a provisional by-law. 2010, c. 16, Sched. 1, s. 2 (13).
- 48 (1) Any owner of land or any public utility affected by a drainage works, if dissatisfied with the report of the engineer on the grounds that,
- (a) the benefits to be derived from the drainage works are not commensurate with the estimated cost thereof;
- (b) the drainage works should be modified on grounds to be stated;
- (c) the compensation or allowances provided by the engineer are inadequate or excessive;