Carson Creek Drain History
The Carson Creek Drain was created under a 1961 report called the Carson Village Drainage Award and was constructed under By-law A-124. The watershed, where the drain is located, collects water from over 1,000 properties within the Town of Innisfil and directs it to Lake Simcoe. All properties within the watershed contribute water, in some way, to the drain. Therefore, improvements to the drain will benefit everyone.
Municipal Drains are created by the community. It is a partnership between land owners and the municipality and the terms of that partnership, including cost sharing and maintenance, are dictated by the Drainage Act. The Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA) has a great resource for understanding Municipal Drains , how they are created, and the roles and responsibilities of affected parties.
Improving the Carson Creek Drain: Our Process
Step 1:Engineer’s Report
The Town appointed R.J. Burnside on September 11, 2019 to prepare a report outlining all the aspects on the proposed project including, but not limited to:
- Technical descriptions of the work that is required
- An estimate of the cost of the works
- Estimated cost sharing amounts, for all properties owners within the watershed
- Maps of the area
- Drawings of the proposed improvements
Throughout this step, landowners located within the watershed will continue to get notification on the stages through this project.
Step 2:Provisional By-law Passed
The Town’s Council will adopt a provisional by-law accepting the Engineer’s Report.
Step 3:Appeals Are Heard
There are 3 bodies that hear appeals to the report, based on the type of appeal that is brought forward:
Court of Revision
Municipal Level Review
- Appeals to the assessment values found in Appendix B of the Engineer’s Report
Provincial Level Tribunal
- Appeals to the Court of Revision’s decision
- Appeals to the technical aspects of the report
Provincial Level Court
- Appeals to the Tribunal’s decision regarding technical aspects of the report
- Appeals to the Legal aspects of the project
Step 4:Final Approval of the Engineer’s Report
After all appeals have been addressed appropriately, Town Council will need to give the report a final approval via giving final reading to the by-law in order to authorize construction.
This will be a public process. Should Council give the report final approval, the project will move forward for tendering.
Step 5:Tendering of the Project
The project goes to tender 10 days after the by-law receives final approval.
If tenders come in 33% or more over the estimate provided by the report, Clerks will send a notice to property owners and there will be a public meeting to determine if the project should move forward.
Step 6:Construction of the Project
Step 7:Post Construction Activities
After construction is finished, the Town will work to complete the project by doing the following activities:
- Amending the By-law to reflect actual costs
- Registering the By-law
- Applying for OMAFRA grants on behalf of property owners
At this time, Council will make a decision about the manner and time frame property owners will have to remit payment.
Step 8: Final Appeal
Should property owners find the work done by the contractor to be unsatisfactory, appeals can be made to the Tribunal.