South Innisfil Creek Drain

Note: if you received a notice in the mail about the South Innisfil Creek Drain, please be advised that all documents related to the project are located towards the bottom of this page.

South Innisfil Creek Drain: History

The South Innisfil Creek Drain (SICD) was created over 100 years ago, in response to repeated flooding of the properties surrounding the South Innsifl Creek. The watershed, where the drain is located, collects water from over 800 properties across Innisfil and Bradford West Gwillimbury and directs it to the drain. The Drain, in turn, empties into the Nottawasaga River. 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.

As noted, the process we are currently involved in is dictated by the Drainage Act. 

Improving the SICD: Our Process

Step 1:
Engineer’s Report

The Town will has appointed R.J. Burnside 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
  • Estimated cost sharing amounts, for all properties owners within the watershed
  • Maps of the area

This report has been circulated to affected property owners. This was done on February 13, 2019 along with a notice of the meeting to discuss the report that took place on February 27, 2019. A copy of the report is also available below.

Step 2:
Provisional By-law Passed

The Town’s Council will adopt a provisional by-law accepting the Engineer’s Report.

Provisional By-law 010-19 was passed by Council on February 27, 2019, and a copy of this By-law is available below. This By-law was also circulated to all property owners within the watershed along with a notice of for the Sitting of the Court of Revision on March 1, 2019.

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

*Please note, the deadline to submit an appeal to the Court of Revision is March 11, 2019 at 4:30 pm

Tribunal
Provincial Level Tribunal

  • Appeals to the Court of Revision’s decision
  • Appeals to the technical aspects of the report

*Please note, the deadline to submit an appeal to the Tribunal is April 10, 2019 at 4:30 pm

Drainage Referee
Provincial Level Court

  • Appeals to the Tribunal’s decision regarding technical aspects of the report
  • Appeals to the Legal aspects of the project

*Please note, the deadline to submit an appeal to the Referee is April 10, 2019 at 4:30 pm

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.

There are several documents below that may assist you in better understanding this project. If you would like any additional information regarding this project or assistance navigating any of the documents contained on this project page, please reach out to Customer Service. You can do this by phone at 705-436-3710, or by email at inquiry@innsfil.ca .

Staff Report– Passing of the Provisional By-law 2019.11.27

South Innisfil Creek Drain By-law 3rd & Final Reading signed

Notice of Altered Assessments as made by the Court of Revision and the Tribunal

Amended Final Engineer’s Report – As Ordered by The Tribunal

Amended South Innisfil Creek Drain 2019 Improvement Report 

Decisions

Important Documents 

Appeals to the Tribunal

South Innisfil Creek Drain Court of Revision Agenda

Final Engineer’s Report – Burnside

Recent Reports and Updates

Peer Review of 2014 Drainage Report 

Response to Final Report

Dillon Final Report

Court Order – Ontario Drainage Referee