CHAPTER 24

An Act respecting Drainage.

SHORT TITLE.

1. This Act may be cited as "The Drainage Act." 1909, c. 11, s. 1.

INTERPRETATION.

Short title

tion

2. In this Act unless the context otherwise requires the Interpretaexpression:

1. "Minister" means the minister of public works for "Minister" Saskatchewan;

pality"

2. "Municipality" means and includes any incorporated "Muntel municipality whether a city, town, village or rural municipality and also a local improvement district;

3. "Council" means and includes the council of a munici- "Council" pality;

4. "Owner" means and includes any person who by any "Owner" right, title or estate whatsoever is or is entitled to be in possession of any land and the executor or administrator of an owner, the guardian of an infant owner, any person entitled to sell or convey the land, an agent of an owner under a general power of attorney or under a power of attorney empowering him to deal with the land and as regards roads the municipality within which the same or part thereof is situated;

5. "Resident owner" means and includes an owner as "Resident herein defined who resides within a distance of ten miles by owner" the nearest road of the land in question or any part thereof;

6. "Secretary" means and includes the treasurer of a city "Secretary” municipality and the secretary or secretary treasurer of a town, village or rural municipality or of a local improvement district;

7. "Land" means and includes the ground or soil and "Land" everything annexed to it by nature or lying in or under the soil except mines and minerals (precious or base) belonging to the Crown;

work"

8. "Drainage work" or "work" means and includes the "Drainage construction of a drain or drains, the deepening, straightening, widening, cleaning of obstructions or otherwise improv

"Sufficient outlet"

"Construction"

"Road"

"Engineer"

"Parcel of land"

"Maintenance"

ing of any stream, creek or watercourse and the lowering of the waters of any lake or pond and the construction of guards necessary in connection therewith;

9. "Sufficient outlet" means the safe discharge of water at a point where it will do no injury to lands or roads;

10. "Construction" means and includes the original work of opening or making any drainage work;

11. "Road" means and includes any road surveyed and set apart as a highway under the provisions of The North-West Territories Act, of The Land Titles Act or of The Public Works Act and any road allowance under The Dominion Lands Surveys Act;

12. "Engineer" means a member or associate member of the Canadian Society of Civil Engineers or a surveyor duly qualified to practise in the Province of Saskatchewan;

13. "Parcel of land" means and includes a quarter section of land according to the system of surveys under The Dominion Lands Surveys Act or any smaller area owned by one person and as regards roads so much of a road as adjoins any one side. of a section together with any diversions of the same;

14. "Maintenance" means and includes the preservation of any drainage work and keeping it in repair. 1909, c. 11, s. 2.

On petition minister may order exam

ination and report by engineer

Form and verification of petition

Engineer to prepare plans and estimates

FORMATION OF DRAINAGE DISTRICTS.

3. Upon the petition of the resident owners of at least one-half the area of the lands of resident owners which would be affected by the construction of a drainage work within the area described in the petition otherwise than merely by having an outlet afforded thereby the minister may for the purpose of ascertaining whether the drainage work is required and the probable cost thereof procure an engineer to make an examination of the area to be drained, the stream, creek or watercourse to be deepened, straightened, widened, cleared of obstructions or otherwise improved or the lake or pond the waters of which are to be lowered according to the prayer of the petition.

(2) Such petition may be in form A in the schedule hereto or to the like effect and shall be accompanied by abstracts of title or other evidence satisfactory to the minister showing who are the owners of the lands within the area described in the petition and a statutory declaration verifying the facts set out in such petition and the signatures thereto. 1909, c. 11, s. 3.

4. Such engineer shall prepare a report, plans, specifications and estimates of the drainage work and make an estimate of the lands and roads within the said area to be affected

stating as nearly as may be in his opinion the proportion of the cost of the work to be borne by every parcel of land. 1909, c. 11, s. 4.

return

5. If in the opinion of such engineer lands not within the Minister may area described in the petition would be affected by the con- petition for struction of the proposed work the minister shall return the amendments petition to be amended so as to include such lands; and the petition so amended shall satisfy the requirements of section 3 hereof before any further action is taken thereon. 1909, c. 11, s. 5.

report to

Governor in Council

6. Upon receipt of the report of the engineer and of Minister to the amended petition if any amendment has been rendered Lieutenant necessary by such report the minister shall report upon the cro utility and desirability of the said work and submit the same together with the report of the said engineer (which shall have annexed thereto all maps, plans, profiles, estimates as to the cost of construction of the proposed work and all and every other matter or thing affecting the same) to the Lieutenant Governor in Council for determination as to whether the said work shall be undertaken. 1909, c. 11, s. 6.

intention to

7. If the construction of the proposed work is approved by Notice of the Lieutenant Governor in Council the minister shall have undertake power and authority to advertise and shall thereupon publish work a notice that it is his intention to undertake the proposed work (describing it) at an estimated cost (to be stated) as a local improvement and to assess and levy the cost thereof against the lands to be benefited thereby (giving a general description thereof and an estimate of the amount to be assessed against each parcel) and such notice shall fix a date not less than seven days after the last publication in The Saskatchewan Gazette within which anyone who signed such petition may withdraw therefrom.

(2) Such notice shall be inserted in two successive issues of The Saskatchewan Gazette and once a week for at least two successive weeks in two newspapers, one published in the city of Regina and the other to be determined by the minister and a copy of such notice shall be sent by registered letter to the last known address of each resident owner where land will be affected. 1909, c. 11, s. 7.

of names

8. Any person who has signed a petition under section 3 Withdrawal hereof shall be at liberty to withdraw therefrom and to from petition abandon such petition at any time before the expiration of the time limited in the notice referred to in section 7 hereof by serving the minister by registered mail fully prepaid with a notice of withdrawal which may be in form B in the schedule. hereto or to the like effect. 1909, . 11, s. 8.

Costs in

case of

9. If the proposed work is not proceeded with on account abandonment of a withdrawal or withdrawals from the petition then the persons who signed such petition including those who have withdrawn therefrom shall be chargeable with and liable to the minister for all expenses incurred by the minister by reason of the receipt of such petition including the engineer's remuneration and expenses and cost of advertising in proportion to the respective area of their lands within the area described in the petition and the amount with which such persons are chargeable shall upon notification by the minister to the secretary of the municipality within which the lands are situated be entered upon the assessment roll of such municipality against the lands of the persons so liable and any and all the amounts so entered shall be collected in the same manner in all respects as if they were taxes levied by and due to the municipality and when collected shall be transmitted forthwith to the minister. 1909, c. 11, s. 9.

Statement by minister respecting proposed work

10. After the expiration of the time fixed by such notice unless there have been so many withdrawals on the part of persons signing the petition or amended petition that the petition or amended petition does not apart from the signatures of the persons so withdrawing satisfy the requirements of section 3 hereof the minister shall cause to be prepared and laid before the Lieutenant Governor in Council a statement showing the following facts and in the order named, that is to

say:

(a) The notice of the proposed drainage work and its estimated cost;

(b) A description of each parcel of land to be benefited by the work with the number of acres to be benefited in each parcel as shown by the engineer's report; (c) The total value of the benefit to each of the said parcels of land as shown by the engineer's report;

(d) The amount that each parcel of land so to be benefited will be liable for and must bear as its share of the cost of the said drainage work which share shall be determined by the minister on the engineer's report as follows:

(2) The total estimated cost shall be divided by the total estimated benefit to ascertain the rate of cost to be assessed and levied on each one dollar of benefit (but it shall not be necessary in such division to carry out or use a smaller fraction than one-tenth of one mill) the value of estimated benefit on each parcel of land shall be multiplied by the said rate of cost and the results shall be set down in a column opposite the said respective parcels of land and such results shall be

respectively the amounts that the said parcels of land shall be liable to pay for the proposed work exclusive of the debenture interest hereinafter mentioned. 1909, c. 11, s. 10.

11. The Lieutenant Governor in Council shall upon receipt of the statement referred to in section 10 hereof declare the parcels of land to be benefited by the proposed work to be a drainage district and assign thereto a number and every district so organised shall be known as "Drainage District No. (giving number)." 1909, c. 11, s. 11.

DEBENTURES.

debentures

12. Upon the organisation of any drainage district the Issue of Lieutenant Governor in Council shall before or at any time' during or after the execution of the work required to be done in such district order the issue and negotiation of debentures of such district for the estimated or actual cost of such work and shall fix the time which such debentures shall run which shall be not less than twenty nor more than thirty-five years. 1909, c. 11, s. 12.

13. All debentures issued under the provisions of this Act Requirements shall comply with the following requirements:

1. They shall be in such form and of such denominations as the Lieutenant Governor in Council may determine;

2. They shall bear interest payable annually or semiannually at a rate not exceeding six per centum per annum;

3. They shall be numbered and shall specify the number of the district on account of which they are issued;

4. They shall have coupons attached providing for the payment of interest which coupons shall be in such form as is approved by the Lieutenant Governor in Council;

5. They shall be made payable either in the currency of the Dominion of Canada or sterling money of Great Britain at any place in Canada or elsewhere; and

of debentures

6. They shall be signed by the provincial treasurer and Execution sealed with the seal of the province and the coupons for of debentures interest shall bear the signature of the provincial treasurer lithographed or printed thereon. 1909, c. 11, s. 13.

constitute

14. Every debenture issued under the provisions of this Debentures Act and the coupons attached thereto shall be a perpetual lien allen in favour of the holder thereof upon all lands included in the district upon account of which it has been issued so long as the same or any part thereof remains unpaid:

Provided however that any such debenture and coupons shall not be considered or construed to constitute a lien on any