Section 84 of the Drainage Act allows for the abandonment of all or part of drainage works should the owners of land assessed for the resulting benefits from drainage works send a request for the abandonment. The municipality may also initiate the abandonment.

Discussion:

In December 2012, the Bridge to Strengthen Trade Act (BSTA) came into force. The BSTA exempts the construction of the GHIB project, including the bridge, plaza, Rt. Hon. Herb Gray Parkway, and related works from a number of federal statutes. Regardless of the BSTA and Federal jurisdiction over lands on which the subject drains lie, the City of Windsor wished to follow Ontario’s Drainage Act in anticipation of assuming the Broadway and Healy Drains upon completion of the GHIB project.

In September 2015, Amico Infrastructures started construction of the Early Works contract to prepare for the Gordie Howe International Bridge (GHIB) project under contract with the Windsor-Detroit Bridge Authority (WDBA) for Transport Canada. The Early Works project includes construction of the Perimeter Access Road, utility relocations, advanced fill operations and all works related to the Broadway and Healy Drains.

Prior to proceeding with WDBA Early Works project for the GHIB, a review of the drainage within the Broadway and Healy Drain drainage areas was required. The drainage area covered by these drains includes the new Canadian Port of Entry lands as well as surrounding properties in the former Brighton Beach area, all as shown on attached Drawing C-3558.

The lands housing the upper portions of the Broadway and Healy Drains can be recaptured; municipal sewers will replace the drains as the lands are consolidated and developed. As such, these portions of the drains may be abandoned as municipal drains. Storm water management will be provided for the drainage area serviced by these abandoned drain sections using ponds, oil/grit separators and municipal storm sewers.

Required undertakings under the Drainage Act with respect to the Broadway and Healy Drains have now been followed. A notice and copy of the Drainage Report was sent under Section 41 of the Drainage Act to all owners of lands and roads subject to the Drainage Act informing them of this meeting of Council.

A draft drainage report was received by the Engineering Department on January 16, 2020. Some of the recommended repairs outlined in the drainage report include: