Prescribed Works and Waters Regulations for Ontario Municipal Drains

The Maintenance and Repair of Ontario Municipal Drains Regulations (the regulations) allow Ontario municipalities to do certain routine maintenance and repair activities on eligible municipal drains without requiring a DFO review.

The regulations apply only to:

• maintenance and repair activities carried out under Ontario's Drainage Act
• existing municipal drains that have been classified by DFO

During the classification process, DFO considers factors, such as:

• water flow characteristics
• fish species present
• habitat sensitivity
• fish spawning periods
• flow permanence
• presence of critical or exceptional fish habitat

The regulations authorize impacts to fish and fish habitat associated with the removal of:

• sediment from drain channels
• aquatic vegetation from drain channels
• vegetation along drain banks

To be eligible under the regulations, municipalities must comply with specified design standards and environmental protection measures. Municipalities must also submit both pre-project and post-project notifications through the Ontario municipal drain notification in the Project Submission Tool.

The Ontario municipal drains notification in the Project Submission Tool serves as a single point of access to support compliance with the routine maintenance and repair activities on existing Ontario municipal drains (under the Fisheries Act and the Species at Risk Act). The tool streamlines the submission, assessment, and management of drain maintenance notifications, while ensuring projects are appropriately identified and referred to DFO for further consideration.

Proponents conducting maintenance and repair activities on Ontario municipal drains are encouraged to use this tool as a means of determining whether the proposed maintenance and repair works:

1. Comply with the regulations

Made under the Fisheries Act, the regulations provide a streamlined regulatory path for certain routine maintenance and repair activities in Ontario municipal drains.

Eligible works may proceed without obtaining a site-specific Fisheries Act authorization, provided all applicable regulatory requirements and conditions are met. The regulations replace the previous Ontario municipal drains Class Authorization process.

2. Comply with DFO Codes of practice

Project proponents can use the tool to notify DFO of low risk projects, meaning works, undertakings and activities associated with proposed routine maintenance and repair works, including those covered by relevant Codes of practice.

3. Need further DFO review

If proposed activities fall outside the scope of the regulations or applicable Codes of practice, the tool will identify the need for further review and route the submission to DFO employees for assessment.