Regulation - LGIC

Regulation 275 "Rules of Practice and Procedure to be Followed in All Proceedings Before the Referee" under the Drainage Act.

Regulation Number(s):
Regulation 275
Instrument Type:
Regulation - LGIC
Bill or Act:
Drainage Act
Summary of Proposal:
The Drainage Act provides three bodies to which a landowner may appeal when a drainage works is being proposed or improved. The appeal bodies are the Court of Revision, the Agriculture, Food and Rural Affairs Appeal Tribunal, and the Drainage Referee.

The Drainage Referee hears appeals on the legal aspects of drainage work as well as appeals from a decision of the Tribunal. The legal procedures before the Referee are formal. Regulation 275 sets out the procedural rules that must be followed in a matter held before the Drainage Referee.

The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) is proposing to amend R.R.O. 1990, Regulation 275 "Rules of Practice and Procedure to be Followed in All Proceedings Before the Referee" under the Drainage Act. The current version of Regulation 275 dates from 1990 and is in need of updating. Proposed amendments include:
- Rewording to provide clarification and avoid ambiguity
- Removal of superfluous text and unnecessary and obsolete sections
- Updated terminology and timeframes to reflect present uses in proceedings
- Additional subsection requiring parties to attend a pre-trial conference where parties may resolve the issue before it goes to trial
Further Information:
Proposal Number:
12-AFRA004
Posting Date:
March 30, 2012
Comments Due Date:
May 13, 2012