Maintenance and Repair of Ontario Municipal Drains Regulations: SOR/2026-88

Canada Gazette, Part II, Volume 160, Number 11

Registration
SOR/2026-88 May 25, 2026

FISHERIES ACT

The Minister of Fisheries and Oceans makes the annexed Maintenance and Repair of Ontario Municipal Drains Regulations under subsections 34.4(4)footnote a and 35(4)footnote b of the Fisheries Act footnote c.

Ottawa, May 21, 2026

Joanne Thompson
Minister of Fisheries and Oceans

Maintenance and Repair of Ontario Municipal Drains Regulations

Definitions

Definitions

1 The 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 Activity

Maintenance and repair

2 (1) The following works, undertakings and activities are prescribed for the purposes of paragraphs 34.4(2)(a) and 35(2)(a) of the Act:

Limitation — gravel substrates

(2) It 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 cleanout

(3) If 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.

Conditions

Prescribed conditions

3 Sections 4 to 6 are prescribed conditions for the purposes of paragraphs 34.4(2)(a) and 35(2)(a) of the Act.

Ontario municipality

4 (1) A 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 notice

(2) The 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 contain

Post-project notice

(3) The 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 contain

New pre-project notice

(4) The municipality must submit a new pre-project notice to the Minister under subsection (2) if

Prohibited periods

5 A work, undertaking or activity referred to in section 2 must not be carried out

Protection of fish habitat

6 A 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:

Coming into Force

Registration

7 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Fisheries Act (the Act) prohibits activities that result in the death of fish or the harmful alteration, disruption, or destruction of fish habitat unless an exception is granted under the Act. In most cases, Fisheries and Oceans Canada (DFO or the Department) conducts project-specific reviews of project proposals to determine their impact on fish and fish habitat, and whether an exception should be granted. Prescribed works and waters regulations provide another form of Fisheries Act exception that eliminates the need for proponents to apply to DFO for Fisheries Act review and approval of their project when the conditions of the regulation are followed, increasing clarity, transparency, predictability and efficiency of the regulatory process. This approach is well suited to situations where impacts on fish and fish habitat are predictable and can be effectively managed through standardized avoidance and mitigation measures. This is the case for a subset of routine maintenance and repair works, conducted in Ontario municipal drains.

Background

Implementation of a risk management approach

DFO is dedicated to using a risk management approach to manage impacts on fish and fish habitat. This approach incorporates tools that balance the regulatory burden of project reviews with the potential risks posed to fish and their habitats.

The Fisheries Act prohibits activities that result in the death of fish or the harmful alteration, disruption, or destruction of fish habitat unless an exception is granted under the Act. These exceptions are typically issued under the Authorizations Concerning Fish and Fish Habitat Protection Regulations (ministerial authorizations), which establish information requirements and processing timelines for project-specific reviews. In situations where impacts can be avoided through effective project design and the application of avoidance and mitigation measures, DFO employs less burdensome, non-regulatory tools such as codes of practice and letters of advice. Where impacts to fish and fish habitat are unlikely to be fully avoided, prescribed works and waters regulations are an additional approach that can be applied to except projects, or classes of projects, from prohibitions via regulation, as opposed to a project-specific review.

Class authorizations for maintenance and repair of Ontario municipal drains

Municipal drains are constructed or altered natural watercourses established by municipal by-law pursuant to the Ontario’s Drainage Act. Drains remove excess water from agricultural and nearby lands to improve crop productivity and control flooding. Drains also provide habitat for many species of fish. Municipalities are responsible for drain maintenance and repairs to ensure adequate movement of water, plant growth, and responsible operation of heavy equipment on fields.

DFO has developed a system to classify municipal drains in Ontario based on their flow, the spawning period of the fish species that are present in the drain, and the sensitivity of the fish species to drain maintenance and repair activities. In 2000, DFO created the class authorization process to streamline review and approvals of repair and maintenance activities in classified drains in Ontario. This process ensures the protection of fish species and fish habitat using standard avoidance and mitigation measures while saving both DFO and Ontario municipalities significant administrative and project costs.

Approximately 130 of these class authorizations are issued each year, representing roughly 40% of all ministerial authorizations issued under the fish and fish habitat protection provisions of the Fisheries Act. In each case, DFO staff must review the application, obtain internal approvals for authorization, and input data manually into a database. While the process to authorize these works is less burdensome than the typical ministerial authorizations process, it still requires effort on the part of DFO and entails potential delays for municipalities.

Objective

The objective of the Maintenance and Repair of Ontario Municipal Drains Regulations (the Regulations) is to provide an exception to the Fisheries Act prohibitions against the death of fish (subsection 34.4(1)) and the harmful alteration, disruption or destruction of fish habitat (subsection 35(1)) for a prescribed class of routine works, i.e. maintenance and repair of classified municipal drains in Ontario, in accordance with enforceable conditions.

The intended outcome is to eliminate the need for proponents to apply to DFO for Fisheries Act review and approval when undertaking repair and maintenance of Ontario municipal drains when the conditions of the regulation are followed. The Regulations provide a strong legal foundation for continuing, and improving, the current streamlined approach to the regulation of these works. Outcomes include enhanced clarity, transparency and predictability of the regulatory process. The Regulations have the benefit of increasing the efficiency of the Department in handling routine works, and by enabling the Department to focus on the review of higher-risk major projects.

Description

The Regulations eliminate project-specific review of projects under the Fisheries Act through the automation of the existing class authorization process for municipal drain maintenance and repair in Ontario when the conditions of the regulation are followed. The Regulations authorize the removal of sediment and vegetation from drain channels and removal of vegetation along bank slopes that are necessary to ensure proper drain flow and function. The Regulations apply to drains that have already been classified by DFO based on the species of fish present, habitat sensitivity, fish spawning times, and permanency of flow.

The Regulations apply to routine drain cleanouts in three classes of drains, in which impacts are well understood, and class-specific mitigation measures have been developed by DFO. Drain cleanouts in the other classes of drains continue to be subject to existing policies and approval processes.

The following table summarizes the activities and conditions that are authorized for each of the three classes of drains.

Table: Activities and conditions of drain classes
Drain class table 1 note a Class specific activities Mitigation measures
Class C municipal drain — Contains no species that are sensitive to drain cleanouts.
  1. Bottom cleanout
  2. Bottom cleanout plus one bank slope
  3. Bottom cleanout plus both bank slopes
 General mitigation measures apply.
Class E1 municipal drain — Contains sensitive species that require gravel substrate and riparian vegetation.
  1. Bottom cleanout
  2. Bottom cleanout plus one bank slope
 General mitigation measures apply, plus class-specific measures:
  • Gravel substrate may not be removed;
  • Removal of riparian vegetation confined to one bank slope, while retaining, if possible, the vegetation on the bank slope that provides shade to the drain segment.
Class E2 municipal drain — Contains sensitive species that require gravel substrate, and riparian and in-stream vegetation. To preserve in-stream vegetation, only one half of drain bottom may be cleaned out.
  1. Half bottom cleanout
  2. Half bottom cleanout plus one bank slope
 General mitigation measures apply, plus class-specific measures:
  • Gravel substrate may not be removed;
  • Removal of riparian vegetation confined to one bank slope, while retaining, if possible, the vegetation on the bank slope that provides shade to the drain segment.

Table 1 note(s)

Table 1 note a

Note: For the purposes of the Regulations, unrated drain segments that are immediately upstream from any drain segments classified as C, E1, or E2 are considered as the same class of drain segment.

Return to table 1 note a referrer

Conditions that apply to all projects include submission of pre- and post-project notifications to DFO, completing prescribed activities within two years, not allowing a work, undertaking or activity to take place during the periods specified in the Regulations to protect the spawning season, and controlling erosion and preventing sediment from entering the water and creation of one refugia pool for each 500 metres of drain cleanout. Where the total cleanout length is less than 500 metres, there is no requirement to install a refugia pool. All conditions are mandatory and enforceable under the Fisheries Act.

More specifically, drainage superintendents are required to send a pre-project notification to DFO 10 days before commencing work. The information to include in these notifications includes the name, address, telephone number, and municipality of the drainage superintendent or their representative; the location of the work, undertaking or activity (drain name, latitude, longitude, lot and concession); the drain classification (C, E1 or E2); specification of which prescribed maintenance and repair activities will be undertaken; and date-stamped photographs, taken in ice- and snow-free conditions, along various sections of the work zone that illustrate where maintenance and repairs are required.

Drainage superintendents are required to send a post-project notification to DFO not more than 120 days after work has been concluded. The information to be provided in the post-project notification includes confirmation that the prescribed activities in the pre-project notification were completed and date-stamped photographs, taken in ice and snow-free conditions, that in combination with the pre-project photographs illustrate the completed work.

Regulatory development

Consultation

Consultation on the proposal to regulate routine maintenance and repairs in Ontario municipal drains was conducted in 2022. Three engagement sessions were held on the proposal to put into regulation the current class authorization system for drain maintenance and repairs in Ontario. Two of the three sessions were held with Indigenous Peoples.

A total of 55 stakeholders participated in engagement sessions, including representatives from Ontario municipalities; Ontario Ministry of Agriculture, Food and Agribusiness (OMAFA), who is responsible for the Ontario’s Drainage Act and for making drain maps publicly available through Ontario’s open data website, GeoHub; and Ontario’s Conservation Authorities that are responsible for flood protection. No significant concerns or rights issues were raised during these engagements or in written comments provided to DFO.

DFO has also engaged separately with the drainage superintendents and the OMAFA since 2024. Given that the proposed Regulations would be replacing the existing class authorization process with minimal changes and impacts on municipalities, there was general support for the proposed Regulations. The drainage superintendents emphasized that the proposed Regulations should not result in an increase in regulatory burden over the current class authorization process. To the extent possible, the Regulations replicate the previous class authorization process; therefore, no additional regulatory burden is expected.

The proposed Regulations were prepublished in the Canada Gazette, Part I, on February 28, 2026, and were open to public comment for a 30-day period. The Department received submissions from four anonymous commenters and one environmental non-governmental organization (ENGO). The anonymous commenters raised specific questions seeking clarification on the interpretation and implementation of the proposed Regulations; however none questioned the overall purpose or policy intent of the Regulations.

Following a review and analysis of the comments received, the Department determined that minor adjustments to the Regulations were warranted to improve clarity and practical implementation. One question related to the requirement for refugia pools when drain cleanout lengths are less than one kilometre. In response, the Department has decided to clarify that Ontario municipalities will need to install one refugia pool for each 500 metres of drain cleanout. Where the total cleanout length is less than 500 metres, there is no requirement to install a refugia pool. Another question raised concerns about the requirement to include date-stamped photographs in the post-project notice within 60 days after completing the work, undertaking or activity, noting that this requirement may be impossible to meet in certain circumstances due to snow and ice cover. In response, the Department extended the post-project notice deadline from 60 days (two months) to 120 days (four months).

The ENGO indicated support for the development and use of prescribed works and waters regulations to exempt specific projects, or classes of projects, from the prohibitions of the Fisheries Act through regulations, rather than ministerial authorizations. The ENGO was comforted to see that available scientific evidence supports that activities authorized under the Regulations are expected to result in minimal and temporary impacts to fish and fish habitat.

While no further regulatory amendments were deemed necessary, additional questions and concerns were raised during the prepublication process.

Several commenters expressed concern that class E drain mapping was not available on the municipal website. In response, the Department confirms that class E1 and E2 drains have been updated, ensuring that routine cleanouts for all three prescribed drains can proceed as intended.

Concerns were also raised regarding DFO inspection and compliance monitoring for prescribed works. The Department notes that key elements of the Regulations, such as mandatory pre- and post-project notifications and photographic documentation, will support DFO’s broader strategic monitoring and compliance activities.

One concern was raised regarding drain maintenance activities for class E2 drains, specifically questioning the effectiveness of a half-bottom cleanout. In response, DFO reiterates that the Regulations reflect the existing class authorization process for municipal drain maintenance and repair in Ontario. The Department remains open to considering future improvements to the process and the Regulations, should they be required.

Finally, additional stakeholder input was gathered through follow-up meetings, including user testing of new online portal functionality and regional engagement sessions with Ontario municipal staff. As a result of this feedback, several updates were made to the online portal to improve clarity, usability, and alignment with the requirements of the Regulations.

Indigenous engagement, consultation and modern treaty obligations

Indigenous engagement on the proposal included engaging with national Indigenous organizations and Indigenous Nations, Bands and Communities located in the region that would be affected by the Regulations. There were no Indigenous opposition or concerns about potential impacts on Indigenous rights identified for the Regulations.

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted for the Regulations. The assessment concluded that these Regulations are unlikely to impact the rights, interests, and/or self-government provisions of modern treaty partners, as they are mainly limited to the southern half of the province of Ontario, where municipal drains are located. There are no modern treaties or self-government agreements in effect in, or adjacent to, these areas.

Instrument choice

Only a regulatory solution was considered because of the legal framework of the Fisheries Act. Projects that are likely to cause the death of fish or the harmful alteration, disruption or destruction of fish habitat are in contravention of the Fisheries Act unless the project is authorized through any one of a number of exceptions listed in subsections 34.4(2) and/or 35(2). The most common exception applied by DFO involves the issuance of a ministerial authorization under paragraphs 34.4(2)(b) or 35(2)(b) of the Fisheries Act. The Regulations provide an exception under paragraphs 34.4(2)(a) or 35(2)(a), which applies to prescribed classes of works and prescribed waters.

Project-specific reviews are not required providing that proponents comply with the conditions prescribed in the Regulations.

Canadians expect regulators to use modern regulatory tools that are predictable, transparent, and enforceable. In the case of the works and waters prescribed in the Regulations, the impacts on fish and fish habitat are predictable and thus lend themselves to the use of an automatic regulatory approval (as opposed to approval being contingent upon project-specific review), when transparent, enforceable avoidance and mitigation measures are followed. By eliminating the need for project-specific review and the application of project-specific measures, the Regulations provide enhanced clarity, transparency and predictability of the regulatory process. This will provide regulatory certainty and reduce administrative burden and processing time for both DFO and Ontario municipalities. For these reasons, the Regulations are considered a better option than the status quo.

Factors to consider

The Minister of Fisheries and Oceans is required to consider the factors set out under section 34.1 of the Fisheries Act when considering whether to make regulations under subsections 34.4(4) and 35(4) of the Act. Consideration of all of the factors led to key findings that, given that these Regulations focus only on preserving or restoring existing drains to their original, previously approved condition, it is not anticipated that it will result in significant cumulative effects or long-term impacts on the productivity of existing fisheries. This is supported by a 2017 study that found fish assemblages are resilient to drain maintenance and repair, and any changes are short-lived.footnote 1 Higher-risk activities, such as the creation of new drains or substantial modifications to existing drains, are excluded from the Regulations, as well as activities in areas deemed to support highly sensitive aquatic species. The drain classification dictates the maintenance and repair activities that are permitted, including prescribed measures and standards aimed at avoiding and mitigating unnecessary impacts on fish and fish habitat. No Indigenous knowledge has been provided to DFO regarding the Regulations.

Regulatory analysis

Benefits and costs

The incremental impacts (benefits and costs) are assessed as a difference between the baseline and regulatory scenarios. The Regulations only apply to Ontario municipalities with responsibilities for drain maintenance and repairs under Ontario’s Drainage Act. They replace the existing class authorization process for municipal drain maintenance and repair through provisions under the Fisheries Act that grant exceptions so that a project-specific review would not be required. Overall, the incremental impacts on Ontario municipalities are anticipated to be low, and a qualitative analysis is presented below. No incremental costs or benefits to Canadians or Canadian businesses are anticipated.

Ontario municipalities undertaking maintenance and repair of municipal drains do not incur any additional reporting beyond notifying DFO upon completion of the work. DFO has added new functionality to its website that will allow Ontario municipalities to notify DFO via an online portal, rather than sending emails to DFO regional staff. This will further streamline the notification process for the drain maintenance and repair activities specified in the Regulations. This enhancement is expected to provide a modest reduction in administrative burden for Ontario municipalities. No additional enforcement and compliance activities are anticipated to be undertaken.

Under the current class authorizations, Ontario municipalities must implement offsetting measures. Under the new process, to address drain cleanout projects with lengths of less than one kilometre, the Regulations will require Ontario municipalities to construct one refugia pool for every 500 metres of drain cleanout. Where the total cleanout length is less than 500 metres, Ontario municipalities will not be required to construct a refugia pool. Consequently, the incremental impacts on Ontario municipalities associated with this change are expected to be negligible, as the regulatory requirement remains substantively equivalent to current practice.

Drainage superintendents will now be required to submit date-stamped photographs to DFO as part of the post-project notice no later than 120 days following completion of the work. This will provide time for drainage superintendents to prepare and submit this information, particularly in cases where post-project verification coincides with winter conditions that limit site access due to snow and ice cover. This change provides a small incremental administrative benefit for Ontario municipalities by reducing instances in which completing this task is challenging or poses safety risks due to adverse weather conditions.

Small business lens

The Regulations only apply to Ontario municipalities with responsibilities for drain maintenance and repairs under Ontario’s Drainage Act. Small businesses are not impacted by these Regulations.

One-for-one rule

The Regulations apply to Ontario municipalities with responsibilities for drain maintenance and repair under Ontario’s Drainage Act. The Regulations do not apply to businesses and, therefore, no incremental administrative burden would be imposed on them.

Regulatory cooperation and alignment

The Regulations are not related to a work plan or commitment under a formal regulatory cooperation forum. The Regulations are aligned with the Ontario government’s legal framework for municipal drains under the Drainage Act. It is possible that an agricultural drain classification system could be developed by DFO for drains in other provincial or territorial jurisdictions. If this were to happen, similar regulations could be developed with the agreement of the province or territory.

In the United States, certain activities that have been classified as having negligible adverse effects are listed under subsection 404(f)(1) of the Clean Water Act as being exempt from the Act’s permitting scheme. The list includes, among others, maintenance of drainage ditches and construction and maintenance of irrigation ditches.

International obligations

The Regulations are not related to any international obligations.

Effects on the environment

A Climate, Nature and Economy Lens analysis was conducted. No negative impacts on climate, nature or economy are expected.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these Regulations, since they provide the same functionality and conditions of the previous class authorization process.

Implementation, compliance and enforcement, and service standards

Implementation

These Regulations will come into force on the day on which they are registered. The Regulations replace the previous class authorization process for a subset of routine maintenance and repair works, conducted in Ontario municipal drains, while respecting any class authorizations that had already been issued.

DFO’s Ontario and Prairie Region office in Burlington meets regularly with the multi-agency Drainage Action Working Group to exchange information on the classification and reclassification of municipal drains. These activities will continue with the Regulations.

DFO is adding functionality to its online portal to allow Ontario municipalities to notify DFO of drain maintenance works being conducted in accordance with the Regulations. This new functionality will be operational before these Regulations come into force.

Compliance and enforcement

The Regulations carry forward the same level of enforceability as the previous class authorization process, which includes the requirement for drainage superintendents to report on the implementation of drainage works.

Contact

Manager
Instruments Policy and Development, Permitting Operations and Policies
Fisheries and Oceans Canada
200 Kent Street, 10th Floor
Ottawa, Ontario
K1A 0E6
Email: DFO.FFHPP-PPPH.MPO@dfo-mpo.gc.ca