Regulation - Minister

Regulation 274 "Forms" under the Drainage Act and Regulation 1032 "Borrowing By-Laws, Debentures and Loans" under the Tile Drainage Act

Regulation Number(s):
Reg. 274
Reg. 1032
Instrument Type:
Regulation - Minister
Bill or Act:
Drainage Act and Tile Drainage Act
Summary of Decision:
The proposal to amend Regulation 274 "Forms" under the Drainage Act and Regulation 1032 "Borrowing By-Laws, Debentures and Loans" under the Tile Drainage Act has been approved. The regulations have been revoked and replaced with minister's regulations that will now prescribe the forms for use.

The new regulations provide various improvements including clarification on key items such as joint property ownership, financial obligations of petitioners and applicant responsibilities, the inclusion of additional references of the Drainage Act to provide an information aide, and the removal of redundancies, cumbersome language, obsolete forms and unnecessary sections.

The forms may be accessed via the Ontario Central Forms Repository.
Further Information:
Proposal Number:
12-AFRA003
Posting Date:
March 30, 2012
Summary of Proposal:
The Drainage Act provides a legal process for property owners and municipalities seeking to resolve drainage issues through the construction, maintenance and improvement of a drainage works. R.R.O. 1990, Regulation 274 ("Forms") currently prescribes several forms which are essential to this process:
- REQUISITION FOR DRAINAGE WORKS
- NOTICE OF APPOINTMENT FOR EXAMINATION BY ENGINEER
- PETITION FOR DRAINAGE WORKS
- PETITION FOR DRAINAGE WORKS BY DIRECTOR
- PETITION FOR DRAINAGE WORKS BY ENGINEER OR ROAD SUPERINTENDENT OR PERSON HAVING JURISDICTION OVER ROAD
- FORM OF BY-LAW
- FORM OF BY-LAW
- MUNICIPAL BY-LAWS
- NOTICE OF COMPENSATION PAID

The Tile Drainage Act authorizes the Tile Loan program. R.R.O. 1990, Regulation 1032 ('Borrowing By-laws, Debentures and Loans') provides for these tile loan arrangements through the regulation of forms for use by agricultural property owners and municipalities. Forms currently prescribed under Regulation 1032 include:
- BORROWING BY-LAW - FOR USE BY MUNICIPALITIES NOT WITHIN DISTRICT OR REGIONAL MUNICIPALITIES
- BORROWING BY-LAW - FOR USE BY MUNICIPALITIES WITHIN DISTRICT OR REGIONAL MUNICIPALITIES
- BORROWING BY-LAW - FOR USE BY DISTRICT OR REGIONAL MUNICIPALITIES
- TILE DRAINAGE DEBENTURE
- TILE DRAINAGE DEBENTURE - FOR USE BY DISTRICT OR REGIONAL MUNICIPALITIES
- AFFIDAVIT OF CLERK
- APPLICATION FOR LOAN
- INSPECTION AND COMPLETION CERTIFICATE
- OFFER TO SELL
- OFFER TO SELL
- RATING BY-LAW

The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) is proposing amendments to Regulation 274 "Forms" under the Drainage Act and Regulation 1032 "Borrowing By-Laws, Debentures and Loans" under the Tile Drainage Act. The proposed amendments are intended to make the forms more user-friendly include:
- Rewording to remove redundancies, provide clarification and avoid ambiguity on key items such as joint property ownership, financial obligations of petitioners and applicant responsibilities
- Removal of superfluous text, cumbersome language, unnecessary sections and extraneous details
- Additional sections of the Drainage Act to provide an information aide
- Removal of obsolete and unnecessary forms and amalgamation of like forms


Contact Address:
Sid VanderVeen
Drainage 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
Effective Date:
November 21, 2012
Decision:
Approved