For information on the Point Abino Drain including process, reports and contact information click here
In the Town of Fort Erie and neighbouring City of Port Colborne, the Point Abino Municipal Drain plays a quiet but essential role in how water is managed on the landscape. The drain isn’t just a ditch in the ground it’s a municipal drainage system created under provincial law and subject to formal engineering, public input, cost-sharing, and legal safeguards.
What Is a Municipal Drain?
A municipal drain is a system designed to move water away from land that needs drainage often agricultural fields, rural properties, roadside ditches, and other areas where water flow needs to be controlled. Unlike natural streams that simply follow the land, a municipal drain is:
- Officially recognized by a local municipal by-law; and
- Created and maintained under the Province of Ontario’s Drainage Act.
This means that although it functions on the local landscape, the Point Abino Drain’s legal authority comes from provincial legislation, not just municipal policy or local infrastructure planning.
How the Drain Was Established
Under the Ontario Drainage Act, municipal drains are created through a formal process administered by local municipalities but grounded in provincial law. Key steps include:
- Petition or Request — Landowners in an area with drainage issues submit a legally prescribed petition for drainage to the municipality. If enough owners sign (based on number or land area), the process moves forward.
- Engineer’s Report — An engineer is appointed to assess the problem, propose a drainage solution, and prepare a detailed report. This report includes technical plans and a cost-sharing schedule for landowners in the drain’s watershed.
- Council Review and By-law — The report is considered at a public “Meeting to Consider” and, if accepted, council passes a by-law adopting the report. This by-law is the formal legal instrument that brings the municipal drain into existence.
For the Point Abino Municipal Drain specifically, a recent engineer’s report under the Drainage Act was completed and filed with the City of Port Colborne in 2025 as part of this legislated process. Port Colborne council will decide whether to adopt the report a decision that triggers the legal appeal rights set out in the Act.
Who Pays for Drain Cleaning and Maintenance?
Once a municipal drain exists under the Drainage Act, all properties within its watershed contribute to its upkeep. Rather than being solely a municipal expense, costs for cleaning, repair, improvements, and even extensions are apportioned to landowners who benefit from the drain based on the engineer’s assessment.
This means:
- If you live within the Point Abino Drain watershed, you may be assessed a share of maintenance costs; and
- Even if the drain runs near or under your land, you have a stake in how it’s maintained — and rights in the process.
How Residents Can Be Involved
Being part of a municipal drain watershed doesn’t mean you’re passive. The Drainage Act includes several points of landowner consultation and appeal:
- Meeting to Consider — When council first considers the engineer’s report, landowners can raise questions or concerns.
- Court of Revision — After the report is adopted, the Court of Revision hears disputes about how costs are assigned.
- Appeals — Beyond the Court of Revision, landowners can appeal certain decisions to the Agriculture, Food and Rural Affairs Appeal Tribunal, providing a provincial-level review process.
This layered process helps balance individual property rights with the collective need for effective drainage infrastructure.
Where to Get More Details
For anyone living in Fort Erie, Crystal Beach, or around Point Abino who wants to learn more:
- The Ontario Drainage Act is available through the Ontario government’s e-laws website — it’s the legal backbone of all municipal drains in the province.
- Your municipality’s Drainage Superintendent or Clerk’s Office can provide copies of engineer’s reports, assessment schedules, and by-laws related to the Point Abino Drain.
- Past and current engineer’s reports and public notices for the Point Abino Municipal Drain are often posted on the City of Port Colborne and Town of Fort Erie websites.
Municipal drains like the Point Abino Drain may not be the most visible part of our community, but they combine engineering, law, and shared responsibility to keep our land from flooding and working for the people who live here. Understanding that it’s a provincially governed legal process, not just a local decision, helps landowners know their rights and their role in shaping how water moves across our watershed.
Unsure if you are in a Municipal Watershed?
If new to the area and considering purchasing rural property or unsure if this applies to you. You will want to check with your real estate agent and or municipal by-laws and confirm if you or the property you are looking at are within a municipal drain watershed.
For information on the Point Abino Drain including process, reports and contact information click here
Town of Fort Erie Contacts
Troy Davidson — Drainage Superintendent
📞 Town of Fort Erie: 905-871-1600 (ask for extension 2405)
📧 Email: tdavidson@forterie.ca
Or
Town of Fort Erie Customer Service:
📞 905-871-1600
or use the contact form on the Town’s website to ask for the right drainage contact and get routed appropriately.