Maintenance of Ontario Municipal Drains

Summary#

This is a proposed regulation called the Maintenance and Repair of Ontario Municipal Drains Regulations from the Department of Fisheries and Oceans. It would create a clear, automatic exception under the Fisheries Act so Ontario municipalities can carry out certain routine drain maintenance without a project-by-project Fisheries Act review, if they follow specific conditions. The notice was published on February 28, 2026 and there is a 30‑day comment period; the rule is proposed to come into force on April 30, 2026 if finalized.

What it does#

• Replaces the current DFO class-authorization process for a subset of routine maintenance and repair work on municipal drains in Ontario with a regulation that automatically allows the work when conditions are met.
• Authorizes specific types of work on three drain classes:
  • Class C: full bottom cleanouts and, in some cases, removal of riparian vegetation on one or both banks.
  • Class E1: bottom cleanouts, but gravel substrate cannot be removed; riparian removal limited to one bank where possible.
  • Class E2: only half of the drain bottom is cleaned out at a time (or staged cleanouts); gravel substrate cannot be removed; riparian removal limited to one bank where possible.
• Sets mandatory conditions for all projects, including:
  • Pre-project notice to DFO at least 10 days before work begins, with location, drain class, description and date-stamped photos.
  • Post-project notice to DFO within 60 days with confirmation and photos showing completed work.
  • Create two refugia pools for each one kilometre of cleaned drain.
  • Complete the prescribed activities within two years or submit a new pre-project notice.
  • If a staged E2 cleanout is used, no further cleanout of that segment for one year.
  • Measures to control erosion and keep sediment out of water, revegetate banks with deep-rooted native species, and dispose of excavated material above the ordinary high water mark.
• Prohibits the work during fish-spawning windows:
  • April 1 to July 15 in parts of northern Ontario.
  • March 15 to July 15 in zone 15 and south.
• Limits removal of gravel substrate for the more sensitive drain classes and limits how staged cleanouts are carried out (no staged section longer than one kilometre).

Who's affected#

• Ontario municipalities that are responsible for drain maintenance under the Ontario Drainage Act. Those municipalities (and their drainage superintendents) will be the ones using the new regulatory pathway.
• Department of Fisheries and Oceans staff, who currently review class authorizations and would see fewer routine project-specific reviews.
• Local landowners, farmers and others who rely on municipal drains for drainage and flood control could notice faster or more predictable maintenance work.
• Other organizations involved in local water management, including Ontario Conservation Authorities and Ontario Ministry of Agriculture, Food and Agribusiness (OMAFA), were engaged in consultations.
• The proposal says it would not affect small businesses and that no incremental costs are expected.

Additional context from the proposal: DFO currently issues about 130 class authorizations a year (roughly 40% of related ministerial authorizations) for similar work; the regulation would largely automate that existing process.

Why it matters#

• It aims to make routine drain maintenance faster and more predictable by removing the need for a separate Fisheries Act review for each project, while keeping enforceable measures to protect fish and habitat.
• Municipalities may face less administrative delay and DFO can focus review resources on higher‑risk projects.
• The regulation ties maintenance to specific, measurable protections (timing windows, photos, sediment controls, refugia pools), so the public and regulators have clearer expectations about how fish habitat will be protected.
• This is a proposed regulation, not yet law. There is a 30‑day consultation window after the February 28, 2026 publication for people to comment before the government decides whether to finalize it.