Drainage Referee

Ministry

Agriculture, Food and Agribusiness

URL

https://www.ontario.ca/laws/statute/90d17

Address

1 Stone Road West
N1G 4Y2
N1G4Y2

Phone

1 877 424-1300

Background

The Drainage Act provides three bodies to which a landowner may appeal when a drainage works is being proposed or improved. The Drainage Act appeal bodies are the Court of Revision, the Ontario Drainage Tribunal and the Drainage Referee. (opens a new window)

Function

The Drainage Referee hears appeals on the legal aspects of drainage work as well as appeals from a decision of the Tribunal. 

Membership

1 referee can be appointed.  They are appointed by a Lieutenant OIC.  1 or more acting referees can also be appointed for fixed 3 year terms as required due to case load.

Qualifications

The Referee shall be a judge of the Superior Court of Justice or a barrister of at least ten years standing at the bar of Ontario.
The following qualifications will be considered in the selection of the successful candidate:
•    Demonstrated knowledge of relevant legislation including the Drainage Act, 1990
•    Experienced leader in court procedures and in managing a court room;
•    A thorough awareness of agricultural and drainage practices and the importance and impact of these practices on agriculture communities in Ontario; 
•    Experience in writing decisions;
•    Strong and effective communication and interpersonal skills to positively communicate with stakeholders, and foster a mutually respectful environment ;
•    Commitment to respect diversity and to maintain fair, transparent and accessible processes.

Term

The intial appointment is for a fixed term of 3 years with the potential for reappointments (Ideally, the Drainage Referee would not have a limit on their appointment length). 

Meetings

The Referee holds his hearing in the County court House for the county of the initiating municipality or via Zoom (or other electronic meeting tool).

Remuneration

Referees shall be remunerated for services at the rate of $84 per hour inclusive of secretarial services for attendance at hearings and drafting decisions and for preparation time of up to 7.5 hours per proceeding.

Appointments & Vacancies