Monday, September 14, 2015

McFeeeters wins appeal

Dale McFeeters, owner of Delmar Farms Inc. of Cannington, has won a spat with the Kawartha Region Conservation Authority.

When McFeeters applied to drain farm land through a ditch into a low-lying area, the conservation authority ordered him to conduct an environmental assessment.

But the Ontario Ministry of Agriculture, Food and Rural Affairs Appeal Tribunal noted that McFeeters never applied to the conservation authority for a permit.

The conservation, on its own authority, intervened to require the assessment which cost $49,994.
The tribunal ruled that the conservation authority, and not McFeeters, should pay that bill.

It also ruled that McFeeters need not pay the cost of having the engineer involved in designing and constructing the drain attend the public hearings in February and September.

The conservation authority admitted it did not know McFeeters’ rights under the Drainage Act and argued that its authority takes priority. The tribunal disagreed.