Drainage Act Dispute

Support for municipalities in Drainage Act dispute

  • ROMA is pleased to be granted intervenor status in a legal dispute with railways regarding the Drainage Act to ensure the breadth and financial impact of federal railways leaving municipalities to pay for drainage costs is fully understood by the courts.
  • Municipalities manage tens of thousands of kilometres of municipal drains that serve more than a million hectares of farmland. These drains are critical for protecting our environment, agriculture sector and economy.
  • For more than a century, Ontario’s Drainage Act has legislated landowner responsibility for the cost of maintaining these critical systems.
  • Over the past few years, federally regulated railways have not paid their share of this work, claiming they are not subject to this provincial legislation. They expect property taxpayers to foot their bill.
  • Based on ROMA’s research, unpaid maintenance costs from CP and other railways are more than $500,000 and the tab for unpaid capital construction projects is crossing $1 million. About $1.7 million in construction projects have been delayed due to lack of cooperation by railway companies.
  • Impacted municipalities have taken coordinated legal action to get CP to pay its drainage costs.
  • ROMA applied for and received intervener status because of the broader negative impact on rural communities throughout Ontario and to seek clarity on what is a constitutional question. This will allow municipalities and ROMA to fight back against national corporations denying their responsibilities, which creates new costs and risks for communities.


Matter of Municipality of Chatham Kent  and Canadian Pacific Railway

Affidavit of Lindsay Jones

ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE COURT OF THE DRAINAGE REFEREE

IN THE MATTER of the Drainage Act, RSO 1990, c D.17 AND IN THE MATTER OF an application by the Corporation of the Municipality of Chatham-Kent for certain orders of the Drainage Referee with respect to construction of the Shaw Branch of the Facey East Drain and By-law No. 93-2021