the City of Windsor. Said agreement requires Canada to maintain the flow to and from surroundingproperties and within the drains. Should Canada wish to alter the municipal drains, it shall be doneto the satisfaction of the City.

In July, 2014, Public Works and Government Services Canada (PWGSC)issued a request for proposals for the design of the perimeter access road and utility coordination services which would includethefirst stages of the DRIC Bridge Plaza worksas follows:

  1. Relocation of Sandwich Street from McKeeStreet to BroadwayStreet
  2. Construction of the Northeast Service Road and Northwest Service Road

  3. Reconstruction of Broadway Street

  4. Relocationofutilities within the plaza lands.

Stantec Consulting was awarded the above contract with PWGSC. Part of the relocations and construction of the perimeter access road includes the proposed abandonment, relocation and improvements to the Broadway and Healy Drains.

3. DISCUSSION:

Signed requests were received by the Engineering Department from Transport Canada to abandon portions of the Healy Drain (attached as Schedule A) and make improvements to Broadway Drain (attached as Schedule B) on and adjacent to lands owned by Her Majesty the Queen in Right.

When a signed request is received under the Ontario Drainage Act, the City of Windsoris obligated to respond to such requests, and if the request is accepted, Council must pass a by-law or resolution to appoint a drainage engineer to carry out an examination of the drain and prepare a drainage report for any drainage works under Section 8 of the Drainage Act. The drainage report will be prepared in accordance with Section 78 of the Ontario Drainage Act. Landmark Engineering was appointed through the roster process.

4. RISK ANALYSIS:

The examination of the drain and any drain work on the Broadway and Healy Drains would help reduce the susceptibility of flooding to the adjacent lands. If the City chose not to respond to the drainage request for examination of the drain, it would be in contravention of the Ontario Drainage Act and any potential flooding to adjacent lands could present a financial liability to the City.

Delays in appointing a drainage engineer may result in delays to the construction of the Perimeter Access road and Utility Relocations. The retaining of the drainage engineer is done pursuant to the Roster Method in accordance with Section 113 of Purchasing By-law 93-2012.