Overview

Award drains are agricultural drainage systems that were created under the Ditches and Water Courses Act. They were named because the work of construction was "awarded" to property owners along the ditch.

Under this Act, a property owner requisitioned the municipality for a drain and an engineer, appointed by municipal council, investigated the drainage problem. A report was written to identify a solution if the engineer found that a ditch or pipe was required. The responsibility for construction or maintenance of the drain was then assigned or "awarded" to each property owner directly involved.

Physically, an award drain may look like any other drain. It can be a ditch or a pipe of some type.

Ditches were constructed for nearly a century under this Act until it was repealed on June 1, 1963. New award drains are no longer constructed, however there are still many award drains found across Ontario.

Determine if an award drain is on a property

The Ditches and Watercourses Act required a copy of the engineer's report for the award drain be given to each property owner involved with the drain and a copy filed with the municipality. The most recent award drain is about 60 years old.

An engineer's award drain report may be difficult to locate over time because municipal staff have changed, offices have moved, municipalities may have amalgamated and old records may have been lost or destroyed.

To find the engineer's award drain report:

  • check with the municipality
  • ask your neighbours, particularly with families who have lived in the area for a long period of time
  • inquire with the local historical society or municipal archives
  • check with the engineering firm that produced the report

If the engineering firm is no longer in business, their records may have been passed on to a current engineering firm — try to find the name of the engineering firm that currently holds these records.

Without a copy of the engineer's report, there is no proof the drainage system is an award drain. In this case, the drain would be considered a private drain with no obligations for property owners to completed maintenance on the drain.

In the absence of an engineer’s report for the award drain, you may consider petitioning your municipal council under the Drainage Act, 1990 to create a municipal drain to allow for maintenance or improvement to be made to the drain.

Maintain an award drain

The property owners assigned or awarded sections of the drain are responsible for the maintenance of an award drain. Unlike municipal drains, the local municipality is not responsible for maintaining award drains, has no authority to enter onto land to perform the work and no means to recover cost.

Although the Ditches and Watercourses Act has been repealed, the responsibility for maintenance of award drains continues through subsection 3(18) of the Drainage Act which states:

Every ditch constructed under the Ditches and Watercourses Act, being chapter 109 of the Revised Statutes of Ontario, 1960, shall be maintained in accordance with the award of the engineer providing for such maintenance until such ditch is brought under the provisions of this Act by petition under section 4.

If an award drain is located on your property, the property owner is responsible for maintaining at least a portion of that drain.

To initiate maintenance under the awarded drain, one property owner gives another property owner written notice that maintenance is required.

If the property owner does not fulfill their responsibilities, they can:

  • initiate a civil lawsuit for damages based on the landowner's non-compliance with an agreement
  • initiate an appeal to the referee under subsections 3(18) and paragraph 106(1)(c) of the Drainage Act
  • petition to have the award drain made into a municipal drain under the Drainage Act

Before maintaining the drain, contact the local conservation authority and Ministry of Natural Resources to find out what other approvals may be needed to carry out the work.

Change an award drain to a municipal drain

To change an award drain to a municipal drain, the involved property owner(s) must petition the local municipality. For more information on this process, contact the local municipality or the Ministry of Agriculture, Food and Agribusiness (OMAFA).

Benefits of changing an award drain to a petition drain under the Drainage Act

There may be significant benefits to having an award drain made into a municipal drain:

  • During the development of the municipal drain, the property owner with the award drain may be eligible for an allowance for a drain already constructed.
  • The drain becomes municipal infrastructure and the municipality is responsible for future maintenance and repair work.
  • The municipality is responsible for enforcement if someone blocks or damages a municipal drain, or if they refuse to allow work to be performed on their property.
  • A cost-sharing arrangement for any work performed on a municipal drain is set in place through a bylaw.
  • By taking responsibility for any maintenance and repair work, the municipality is also responsible for obtaining any permits or approvals.
  • The share of drain maintenance or repair work that is levied on agricultural land may be eligible for grants.