FISHERIES ACTMaintenance and Repair of Ontario Municipal Drains RegulationsThe Minister of Fisheries and Oceans makes the annexed Maintenance and Repair of Ontario Municipal Drains Regulations under subsections 34.4(4)a and 35(4)b of the Fisheries Actc.S.C. 2019, c. 14, s. 21S.C. 2019, c. 14, s. 22(5)R.S., c. F-14Ottawa, May 21, 2026
La ministre des Pêches et des Océans,Joanne ThompsonMinister of Fisheries and Oceans
DefinitionsDefinitionsThe following definitions apply in these Regulations.Act means the Fisheries Act. (Loi)brushing means the removal of vegetation without disturbing the soil or root systems. (débroussaillage)class C drain segment means a drain segment that is classified as “class C” under the classification system established by the Department of Fisheries and Oceans. (segment de drain de catégorie C) class E1 drain segment means a drain segment that is classified as “class E1” under the classification system established by the Department of Fisheries and Oceans. (segment de drain de catégorie E1)class E2 drain segment means a drain segment that is classified as “class E2” under the classification system established by the Department of Fisheries and Oceans. (segment de drain de catégorie E2)drain segment means a section of a municipal drain that has a uniform fish community assemblage and flow regime. (segment de drain)municipal drain means an altered or natural watercourse in Ontario that has been designated as a municipal drain by a municipal by-law made under the Drainage Act, R.S.O. 1990, c. D.17. (drain municipal)refugia pool means a habitat that provides refuge for fish during low flow conditions that is created by deepening and widening an area of the drain channel. (fosse de refuge)unrated drain segment means a drain segment that has no rating or that is classified as “NR” under the classification system established by the Department of Fisheries and Oceans. (segment de drain non classé)work zone means any area of a municipal drain where a work, undertaking or activity referred to in section 2 is carried out. (zone de travail) Work, Undertaking or ActivityMaintenance and repairThe following works, undertakings and activities are prescribed for the purposes of paragraphs 34.4(2)(a) and 35(2)(a) of the Act:a work, undertaking or activity that is carried out to maintain or repair a class C drain segment, or an unrated drain segment immediately upstream of such a drain segment, and that consists ofa bottom cleanout to remove accumulated sediment and aquatic vegetation from the bottom of the drain channel,a bottom cleanout described in subparagraph (i) as well as the removal of riparian vegetation along one bank slope and the brushing of the top of the bank, ora bottom cleanout described in subparagraph (i) as well as the removal of riparian vegetation along both bank slopes and the brushing of the top of the banks;a work, undertaking or activity that is carried out to maintain or repair a class E1 drain segment, or an unrated drain segment immediately upstream of such a drain segment, and that consists ofa bottom cleanout to remove accumulated sediment and aquatic vegetation from the bottom of the drain channel, ora bottom cleanout described in subparagraph (i) as well as the removal of riparian vegetation along one bank slope and the brushing of the top of the bank while retaining, if possible, the riparian vegetation on the bank slope that provides shade to the drain segment; anda work, undertaking or activity that is carried out to maintain or repair a class E2 drain segment, or an unrated drain segment immediately upstream of such a drain segment, and that consists ofa bottom cleanout to remove accumulated sediment and aquatic vegetation from the bottom of the drain channel that results in the retention of one-half of the aquatic vegetation, carried out either asa bottom cleanout of half of the width of the drain channel, ora staged bottom cleanout in which the altered and unaltered sections of the drain are of equal length, alternate along the drain segment’s length and are no more than one kilometre in length, ora bottom cleanout described in subparagraph (i) as well as the removal of riparian vegetation along one bank slope and the brushing of the top of the bank while retaining, if possible, the riparian vegetation on the bank slope that provides shade to the drain segment.Limitation — gravel substratesIt is prohibited to remove gravel substrates from the bottom of the drain channel while carrying out a work, undertaking or activity referred to in paragraph (1)(b) or (c).Limitation — staged bottom cleanoutIf the staged bottom cleanout referred to in clause (1)(c)(i)(B) is carried out with respect to a class E2 drain segment, or an unrated drain segment immediately upstream of such a drain segment, it is prohibited to carry out any further cleanout of that drain segment for a period of one year after the day on which the staged bottom cleanout is completed.ConditionsPrescribed conditionsSections 4 to 6 are prescribed conditions for the purposes of paragraphs 34.4(2)(a) and 35(2)(a) of the Act.Ontario municipalityA work, undertaking or activity referred to in section 2 may be carried out only by a municipality in Ontario that is responsible for the maintenance and repair of municipal drains under section 74 of the Drainage Act, R.S.O. 1990, c. D.17.Pre-project noticeThe municipality must notify the Minister at least 10 days before the day on which it begins any work, undertaking or activity referred to in section 2. The pre-project notice must containthe name of the municipality and the name, address and telephone number of the employee who holds the position of Drainage Superintendent or their representative;a description of each location where a proposed work, undertaking or activity will be carried out, including the latitude and longitude;the name, if any, of the municipal drain and the classification (C, E1, E2 or unrated drain segment immediately upstream of C, E1 or E2) of each drain segment in respect of which a proposed work, undertaking or activity will be carried out;a description of each proposed work, undertaking or activity; anddate-stamped photographs that are taken, in ice- and snow-free conditions, along the sections of the work zone that are representative of the drain segments referred to in paragraph (c) and that demonstrate where a proposed work, undertaking or activity is required.Post-project noticeThe municipality must notify the Minister within 120 days after the day on which it completes the work, undertaking or activity referred to in the pre-project notice. The post-project notice must containfor each work, undertaking or activity,a description of what has been completed and whether any changes have been made to the work, undertaking or activity as it was described in the pre-project notice, and, in that case, the rationale for those changes,the approximate location of each refugia pool, andconfirmation of whether the work, undertaking or activity has been completed; anddate-stamped photographs that are taken, in ice- and snow-free conditions, along the same sections of the work zone as those in the photographs submitted under paragraph (2)(e) and that demonstrate that the work, undertaking or activity has been completed.New pre-project noticeThe municipality must submit a new pre-project notice to the Minister under subsection (2) ifit intends to carry out a work, undertaking or activity that was not proposed in the prior pre-project notice, including in the case where, after carrying out a staged bottom cleanout referred to in clause 2(1)(c)(i)(B), the municipality intends to carry out another work, undertaking or activity in respect of the same drain segment; orit has not completed a work, undertaking or activity that was proposed in the prior pre-project notice within two years after the day on which it was submitted to the Minister.Prohibited periodsA work, undertaking or activity referred to in section 2 must not be carried outduring the period beginning on April 1 and ending on July 15 of each year, in the region that consists of all subdivisions of the waters of Ontario that are located north of zone 15 as shown in the Regulation Plans of Fisheries Management Zones filed on December 5, 2013 in the Office of the Surveyor General of Ontario; andduring the period beginning on March 15 and ending on July 15 of each year, in the region that consists of all subdivisions of the waters of Ontario that are located in zone 15 or south of that zone as shown in the Regulation Plans of Fisheries Management Zones filed on December 5, 2013 in the Office of the Surveyor General of Ontario.Protection of fish habitatA municipality that carries out a work, undertaking or activity referred to in section 2 must take the following steps to minimize the introduction of sediment into, and transport of sediment within, the work zone and the area extending one kilometre downstream of the bottom end of the work zone:develop and implement a sediment and erosion control plan;keep sediment and erosion control measures and structures in place until all potential sediment sources are stabilized;dispose of and stabilize all excavated material above the ordinary high water mark;upon stabilization of the work zone, remove all non-biodegradable sediment and erosion control measures and structures;install at least one refugia pool for each 500 metres of drain cleanout; andrevegetate exposed soils on the top and slope of the bank with deep-rooted native plant species.Coming into ForceRegistrationThese Regulations come into force on the day on which they are registered.