Drainage Act Discussion Paper

The Ministry considered all feedback received during the commenting period for this posting.  A total of 76 comments were submitted from a wide range of interested parties including conservation authorities, municipalities, the drainage industry, farm organizations, environmental organizations and individuals. 

Most of the feedback from the consultation was supportive of the proposed amendments and reflected considerations for the development of a new regulation.  For example, the majority of the comments made suggestions regarding new protocols, criteria for minor improvements and additional ways to reduce burden.  There were numerous suggestions for expansion of the Drainage Act and Conservation Authorities Act Protocol and for the development of new protocols to address fisheries, endangered species, and transportation issues.

These suggestions included;

• specific suggestions for minor improvements in addition to environmental improvements.
• include an appropriate level of public consultation and appeals.
• caution against unacceptable design changes when developing the process to enable a simplified process to update the engineer’s report to account for changes made during construction.

All submissions will be considered when preparing a regulatory proposal for further consultation.

Several common themes in the submissions are summarized below:

• Environmental considerations
• Timely and streamlined approvals
• The role of conservation authorities
• The effect of the proposed amendments on drainage related grants

Environmental considerations

Many comments reflect concerns that are beyond the scope of the Drainage Act (within the purview of the Ontario Water Resources Act, Environmental Protection Act or the Species at Risk Act). Some comments sought greater environmental controls due to the potential for drainage to contribute to various environmental concerns. These comments will inform the collaborative development of future protocols.

Some comments asked for a clear Environmental Appraisal (EA) definition to clarify the recovery of costs from the requesting agency while others asked for a Protocol to be developed for facilitating an EA request. The provision to request an EA was included in the Drainage Act before conservation authorities and environment regulations and approvals were introduced. The Drainage Act does not specify what an EA should contain, however Guidelines for Environmental Appraisal under the Drainage Act, 1975  were developed for this purpose. Suggestions related to the EA process in the Drainage Act are not included in the current proposal but may be considered for future consultation on burden reduction amendments.

Many comments asked for continued environmental protections, environmental enhancements to drains that support climate resiliency and an integrated watershed perspective when considering and reviewing drainage projects. The proposed changes will maintain existing requirements for environmental approvals and/or permits. The changes may also support innovative approaches which can provide environmental and climate resiliency benefits on a watershed scale. For example, streamlined approvals based on technical protocols could reducing burden for drainage projects (e.g. green infrastructure) that can help manage flood protection while also managing nutrients.

Timelier and Streamlined Approvals

Faster and more coordinated approvals from those involved with the Drainage Act was a recurring theme. Protocols can help with streamlining agency approvals. OMAFRA will consider new protocols that will maintain environmental protections and build on the success of the Drainage Act and Conservation Authorities Act Protocol.

Role of Conservation Authorities

Many comments referenced the role of conservation authorities in drainage projects and the proposed changes to the Conservation Authorities Act (CAA).  OMAFRA is working closely with MECP to ensure the regulation to implement the Drainage Act changes aligns with the CAA. OMAFRA will also consider the expansion of the Drainage Act and Conservation Authorities Act Protocol to continue to streamline approvals with the CAA while maintaining environmental protections.

Drainage Related Grants

Some comments wanted clarification on how the drainage grant program would be impacted by the proposed amendments. The changes will not affect the grants or loans under the Agricultural Drainage Infrastructure Program or the Tile Loan Program.

A decision was made to proceed with the proposed legislative amendments as they were posted.