Part 1, sections 1 to 57 BEFORE repealed by 2002-12-8, effective April 11, 2002 (Royal Assent).
Part 1 — Ditches and Watercourses
Definitions
1 In this Part:
"clerk", in relation to a municipality, means the municipal officer assigned responsibility under section 198 of the Local Government Act;
"construction" means the original opening or making of a ditch by artificial means;
"ditch" includes a drain open or covered wholly or in part, and whether in the channel of a natural stream, creek or watercourse or not, and the work and material necessary for bridges, culvert catch basins and guards;
"engineer" means a civil engineer, British Columbia land surveyor or a person a municipality appoints to carry out this Part;
"judge" means a judge of the Supreme Court;
"maintenance" means the preservation of a ditch and keeping it in repair;
"municipality" means a municipality as defined in the Local Government Act for the purposes of that Act;
"owner" includes
(a) the registered owner or the possessor of any real or substantial interest in land, whether held in fee simple, fee tail, for one or more lives, or for a term of years not less than 10, a lessee for a term of not less than 5 years with an option to purchase, the executor of an owner, the guardian of an infant owner, any persons entitled to sell and convey the land, an agent under a general power of attorney authorizing the appointee to manage and lease the land and a municipality as regards any highways or other land under its jurisdiction, and
(b) the Crown as regards any highways, Crown land and land held under pre-emption right.
Other Acts not affected
2 This Part does not affect any Acts having the force of law in British Columbia on April 25, 1907, but applies to all land requiring drainage, irrespective of whether ditches, drains or waterways, in or from them, have existed before then or been enjoyed by length of user or otherwise.
Application to designated municipality
3 This Part applies only to a municipality designated by the Lieutenant Governor in Council for a specified scheme involving construction and maintenance of ditches extending into rural areas.
Application of Part to drainage of land for mining or manufacturing purposes
4 (1) This Part applies to the drainage of land for mining or manufacturing purposes in order to enable the owner to take proceedings under this Part.
(2) In that case the engineer, in default of agreement, must determine whether the land of other owners through which the ditch may pass is to be called on to contribute to the construction of the ditch, and whether and to what extent it may require drainage or will be benefited by it.
(3) If the engineer finds that the land of the other owners does not require drainage, and that the ditch will not substantially benefit it, the engineer must determine the compensation the owner of the land used for mining or manufacturing purposes must make for injury caused to the other owners by reason of the ditch passing through their land.
(4) If their land will be substantially benefited by drainage, then the engineer must determine the extent of the benefit, and must deduct that from the amount of compensation to be made, or must take proceedings under section 19, as the case may require.
Land outside a municipality
5 (1) In this section:
"minister" means the minister or deputy minister;
"water recorder" means the water recorder appointed under the Water Act for the water district in which the ditch or the site of a proposed ditch is located.
(2) In the case of land that requires drainage and is not located within the boundaries of a municipality, all powers, authorities and functions that are, by this Part, vested in or exercisable by a municipality, or by the mayor or other head of a municipal council, are in respect of that land vested in and may be exercised by the minister, and all powers, authorities and functions that are, by this Part, vested in or exercisable by the clerk of a municipal council are for that land vested in and may be exercised by the water recorder, and this Part applies to the drainage of that land.
(3) In carrying into effect this Part for land mentioned in subsection (2),
(a) Forms A to H, or forms of similar effect, with any necessary modifications, may, subject to subsection (4), be used, and are sufficient for the purposes mentioned in Forms A to H,
(b) all declarations, requisitions, agreements, notices, awards and documents that in the case of land located in a municipality are required to be filed with or given to the clerk of a municipality may be filed with or given to the water recorder, and all notices required to be given by a clerk of a municipality may be given by the water recorder,
(c) the persons to whose address notice under section 39 (1) (b) is sent are persons interested in the award who do not reside within 8 km from the site of the ditch or portion to be completed,
(d) all money that in the case of land located in a municipality is required to be paid by the municipality must be paid by the Minister of Finance and Corporate Relations out of the consolidated revenue fund on vouchers signed by that minister, and all money paid and interest payable becomes a charge on the land in the manner and is payable by the persons as in the case of money paid by a municipality, and may be collected in the same manner as Provincial taxes, and
(e) if a highway or Crown land held under pre-emption right will be benefited by the ditch, the highway or land may, to the extent specified by order of the Lieutenant Governor in Council, be assessed for its proportion of the cost of construction and maintenance of the ditch and for all other expenses on the same principles and subject to the same conditions as the land of private owners, and all assessments must be paid out of the consolidated revenue fund or, in case of pre-empted land, by the pre-emptor, and if unpaid by the pre-emptor stand charged against the land, and is a charge on it, payable when the land is granted or otherwise alienated from the government.
(4) For the purpose of this section, the Lieutenant Governor in Council may make regulations, including the providing of forms in place of Forms A to H.
Appointment of engineer
6 (1) Every municipality must appoint by resolution, in Form A, one person to be the engineer to carry out this Part, and the engineer is an officer of the municipality until his or her appointment is revoked by resolution, of which the engineer must have notice, and another engineer is appointed, who has authority to commence proceedings under this Part or to continue work already undertaken.
(2) If the engineer appointed under this section is unable to act because of absence, sickness or disability, the municipality must appoint a substitute engineer, who has all the power, authority and responsibility of the engineer, so that any work undertaken under this Part is not unreasonably delayed.
(3) The council of every municipality must, by resolution,
(a) provide for the payment to the clerk of the municipality of a fair and reasonable remuneration for services performed by the clerk in carrying out this Part, and
(b) set the charges to be made by the engineer of the municipality for services performed by the engineer under this Part.
(4) Every engineer appointed by a municipality under this section must, before entering on his duties, take and sign the following oath and file it with the clerk of the municipality:
In the Matter of the Drainage, Ditch and Dike Act, Part 1
I, [name in full], of ......................................, in the Province of ....................................., engineer [or surveyor], make oath and say [or do solemnly declare or affirm] that I will, to the best of my skill, knowledge, judgment and ability, honestly and faithfully, and without fear of, favour to or prejudice against any owner, perform the duties assigned to me in connection with work under the Drainage, Ditch and Dike Act, Part 1, and make a true and just award.
.....................................................................................
Sworn [or solemnly declared or affirmed]
before me at the .................... of ..........................,
in the County of ...................................................,
................................................. [month, day, year]
................................................................................
A Commissioner, Notary Public [or Municipal Clerk, or Justice]
Limit of cost
7 (1) Subject to subsection (2), the construction of a ditch of which the cost, according to the estimate of the engineer or the agreement of the parties, will be more than $3 000 must not be undertaken under this Part.
(2) On the recommendation of the minister, the Lieutenant Governor in Council may authorize the construction under this Part of any ditch the estimated cost of which is more than $3 000.
Liability for construction of ditch
8 A person may be made liable for the construction of a ditch under this Part, only if the person is the owner of land benefited by the construction of the ditch.
Declaration of ownership
9 (1) An owner other than the municipality must, before commencing proceedings under this Part, file with the clerk of the municipality in which the parcel of land requiring the ditch is located a declaration of ownership in Form B, which may be taken before a justice, a commissioner for taking affidavits, a notary public or the clerk of the municipality.
(2) If through inadvertence or mistake at the time, a declaration is not filed, the judge may, in case of ownership at the time, permit the declaration to be filed at any stage of the proceedings, on terms and conditions that the judge directs.
Declaration of ownership conclusive as to conferring jurisdiction
10 If a declaration of ownership is filed under this Part, the declaration is conclusive as conferring jurisdiction to proceed, unless appealed against to the judge under this Part.
Notice to other owners affected
11 (1) The owner of any parcel of land who requires the construction of a ditch on it must, before filing with the clerk of the municipality a requisition under section 16, serve on the owners or occupants of the other land to be affected a notice in writing in Form C, signed by the owner and naming a day, hour and a place convenient to the site of the ditch at which all the owners are to meet in order to
(a) estimate the cost of the ditch,
(b) agree, if possible, on the apportionment of the work, and the supply of material for construction among the owners according to their respective interests in it, and
(c) settle the proportions in which the ditch is to be maintained.
(2) A notice under subsection (1) must be served not less than 12 clear days before the time named for meeting.
Form of agreement and filing
12 (1) An agreement reached by the owners under section 11 must
(a) be in writing in Form D,
(b) be signed by all the owners present, and
(c) within 6 days after the signing, be filed with the clerk of the municipality in which the parcel of land the owner of which requires the ditch is located.
(2) If the land affected is in 2 or more municipalities, the agreement must be in as many numbers as there are municipalities and filed with their respective clerks.
(3) The agreement may be enforced in the same manner as an award of an engineer under this Part.
Informalities not to invalidate proceedings
13 (1) No proceedings taken or agreement entered into under sections 11 and 12 are in any case for lack of strict compliance with the provisions void nor do they invalidate any subsequent proceedings under this Part, if the notices required by section 11 have been served.
(2) Any agreement, with the consent in writing of the parties, which consent must be filed in the same manner as the agreement or by order of the judge on an appeal under this Part, may be amended so it conforms to this Part.
Adjourning meeting for purpose of adding parties
14 If, at or before the meeting of owners under section 12, it appears that a notice required by section 11 has not been served, or has not been served in time, the owners present at the meeting may adjourn to a subsequent day in order to allow the necessary notices to be served, and the adjourned meeting is, if the notices have been given and served in accordance with section 11, sufficient compliance with this Part.
Mayor to sign on behalf of municipality interested
15 The mayor or other head of the municipal council of a municipality may, on behalf of the municipal council, sign the agreement, and the signature is binding on the corporation.
Requisition for examination by engineer when no agreement arrived at
16 If an agreement is not arrived at by the owners at the meeting or within 5 days afterward, the owner requiring the ditch may file with the clerk of the municipality in which the parcel is located a requisition in Form E, naming in it all the parcels of land that will be affected by the ditch and the respective owners, and requesting that the engineer appointed by the municipality under this Part be asked to appoint a time and place in the locality of the proposed ditch at which the engineer will attend to make an examination under this Part.
Notice to engineer and notice of appointment made by the engineer
17 (1) The clerk, on receiving the requisition, must at once notify the engineer, by personal delivery of a copy of the requisition or enclosing it in a registered letter addressed and mailed to the engineer.
(2) On receiving the requisition, the engineer must notify the clerk in writing, appointing a time and place at which he or she will attend in answer to the requisition, which time must be not less than 15 or more than 30 clear days from the day on which he or she received the requisition.
(3) On receiving the notice of appointment from the engineer, the clerk must
(a) file it with the requisition,
(b) at least 6 clear days before the time appointed, personally deliver or send by registered letter to each of the owners named in the requisition a notice in Form F requiring their attendance at the time and place set by the engineer, and
(c) after serving the notice, endorse on one copy of it the time and manner of service and leave the copy with the endorsements on it with the engineer not later than the day before the time set in the notice of appointment.
Mode of serving notices
18 (1) All notices under this Part may be served personally, or by leaving them at the residence of the owner or occupant, with a grown up person residing there or by registered letter.
(2) If a person does not reside in the municipality in which the person's land affected by this Part is located, a notice under this Part may be served on the agent of the owner, or by registered letter addressed to the owner at the post office at or nearest to the owner's last known residence.
(3) If an owner's last known residence is not known, the owner may be served in a manner a judge directs.
(4) An occupant, not the owner of the land, notified in the manner provided by this Part must immediately notify the owner, and is, if he or she neglects to do so, liable for all damages suffered by the owner because of the neglect.
Examination by engineer
19 (1) The engineer must
(a) attend at the time and place appointed by the engineer in answer to the requisition, and
(b) examine the locality.
(2) If the engineer thinks it proper or if requested by any of the owners, the engineer may
(a) examine the owners and their witnesses present,
(b) take their evidence, and
(c) administer an oath or affirmation to any owner or witness examined.
(3) If, on examining the locality, the engineer is of the opinion that the land of owners on whom notice has not been served will be affected by the ditch, the engineer must
(a) direct that the notice required by section 17 be served on those owners by the clerk, and
(b) adjourn the proceedings to the day named in the notice for continuing it, for the purpose of allowing those owners to be present and to be heard on examination and taking of evidence.
(4) The engineer may adjourn the examination and the hearing of evidence, and if the engineer finds that the ditch is required, within 30 days after his or her first attendance, or if there has been an adjournment under subsection (1), then further time as may be reasonably necessary, but not exceeding 60 days from the engineer's first attendance, the engineer must make an award in writing in Form G.
(5) The award must
(a) specify clearly the location, description, course, commencement and termination of the ditch,
(b) apportion the work and the furnishing of material among the land affected and its owners, according to the engineer's estimate of their respective interests in the ditch,
(c) set the time for performance by the respective owners,
(d) apportion the maintenance of the ditch among all or any of the owners, so that, as far as practicable, each owner must maintain the portion on the owner's own land, and
(e) state the amount of the engineer's fees and the other charges, and by whom they must be paid.
(6) In the case of subdivision of land affected by the award of the engineer, the engineer may, on the request of an owner or the municipality, make a subsequent award apportioning the liabilities imposed by the original award among the owners of the subdivided land.
(7) If a ditch is to be covered, the engineer must in the award specify the kind of material to be used in the covered portion of the ditch.
Openings of ditch across land not benefited
20 (1) If the engineer is of the opinion that the land of an owner will not be sufficiently benefited by the construction of the ditch to make the owner liable to perform any construction, and that it is necessary or not necessary to construct the ditch across or over that land, the engineer may, by his or her award, relieve that owner from performing any part of the work of the ditch, and place its construction on the other owners.
(2) If the engineer considers that the damage to the land by the construction and operation of the ditch will exceed the benefits derived by that land, the engineer may award to the owner compensation that to the engineer seems just and reasonable, and the amount of compensation forms part of the cost of the ditch.
(3) A person carrying out the award on the land of the owner relieved or compensated must not be considered a trespasser, if the person causes no unnecessary damage and replaces any fence that the person opens or removes.
Filing award and notice to persons affected
21 (1) The engineer must at once, after making an award, file it and any plan, profile or specifications of the ditch, with the clerk of the municipality in which the land requiring the ditch is located, but if the land affected lies in 2 or more municipalities, the award and any plan, profile or specifications must be filed by the engineer with the clerk of each municipality, and may be given in evidence in any legal proceedings by certified copy, as are other official documents.
(2) The clerk of the municipality, or of each of the municipalities, must at once, on the filing of the award, notify each of the persons affected by it in the municipality of which he or she is clerk, by registered letter or personal service, of the filing of the award, and the portion of work to be done and material furnished by the person notified, as shown by the award.
(3) The clerk of each municipality must keep a book in which the clerk must record
(a) the names of the parties to whom he or she has sent notice,
(b) the address to which it was sent, and
(c) the date on which it was deposited in the post office or personally served.
(4) The clerk of each municipality with whom the award is filed must at once apply to file a copy of the award certified by the clerk with the registrar of the land title district in which the land affected by the award is located.
(5) The registrar must file the award and make a reference to it in the proper register against the title of the land to which it relates, and then any person dealing with the land has notice that the land is subject to the liability of being charged under this Part.
Powers of engineer of municipality in which proceedings commenced
22 If the land affected by the ditch is located in 2 or more municipalities, the engineer of the municipality in which proceedings were commenced has full power and authority to continue the ditch into or through as much of the land in any other municipality as may be necessary, and all proceedings authorized under this Part must be taken and carried on in the municipality where commenced.
Certificates relating to land or roads in adjoining municipalities
23 (1) If land or roads in 2 or more municipalities are affected, the clerk of the municipality in which proceedings were commenced must forward to the clerk of each of the other municipalities a certified copy of every certificate affecting or relating to land or roads in that other municipality, and the other municipality must pay the sum for which land and roads within its limits are liable to the municipality in which proceedings were commenced.
(2) Unless the amounts are paid within 60 days after a demand, in writing, by the parties declared by the certificate to be liable to pay them, the municipality may take all proceedings for the collection of the sums certified to be paid as though all the proceedings had been taken and carried on within its own limits.
Power to enter into agreements for enlargement of ditches on railway land
24 (1) The council of any municipality may enter into an agreement with any railway company for the construction or enlargement by the railway company of any ditch or culvert on the land of the railway company, and for the payment of the cost of the work after completion out of the general funds of the municipality.
(2) The council may assess and levy the amount paid, exclusive of any part of it for which the municipality may be liable under the award as to the cost of the work, in the same manner as taxes are levied on the land mentioned in the award, and in the relative proportions of the estimated cost of the work to be done and materials furnished by the respective owners in the construction of the ditch.
(3) The assessment must in every case be determined by a supplementary award made by the engineer, and subject to appeal to the judge in the same manner as other awards made under this Part.
(4) An agreement with a railway company must not be entered into by a municipal council under this section if the agreement will impose a special liability on the owners without the consent in writing, filed with the clerk of the municipality, of 2/3 of the owners liable for the construction of the ditch for which work on railway land is to be undertaken.
(5) The cost of any work on railway land is exclusive of the sum set as the limit of the cost of the work under section 7 (1).
Appeals from award to judge
25 (1) Any owner dissatisfied with the award of the engineer, and affected by it, may, within 15 clear days from the filing of it, appeal to a judge, and the proceedings on the appeal are as provided in this Part.
(2) An appeal under subsection (1) must be commenced at a registry of the Supreme Court located in the judicial district where the ditch is located.
Notice of appeal
26 The appellant must serve on the clerk of the municipality in which proceedings for the ditch were commenced a notice in writing of his or her intention to appeal from the award, briefly setting out in it the grounds of appeal.
Clerk to notify judge and judge to set time and place for hearing
27 (1) The clerk referred to in section 26 must, after the expiration of the time for appeal, forward by registered letter or deliver a copy of the notice of appeal and a certified copy of the award, and the plans and specifications, if any, to the judge, who must at once, on receiving the registered letter or documents, notify the clerk of the time the judge appoints for the hearing, and must set the place of hearing at the city or municipal hall or other place of meeting of the council of the municipality in which proceedings for the ditch were commenced, unless the judge, for the greater convenience of the parties and to save expense, sets some other place for the hearing.
(2) The judge may, if he or she thinks proper, order money to be paid by the appellant to the clerk as sufficient indemnity against the costs of the appeal.
(3) The clerk, on receiving notice from the judge, must at once notify the engineer whose award is appealed against, and all parties interested, in the manner provided for the service of notices under this Part.
Inspection of premises by another engineer
28 Any appellant may have the land and premises inspected by any other engineer or person, who, for those purposes, may enter on the land and premises, but must not do any unnecessary damage.
Clerk of the court
29 The clerk of the municipality to whom a notice of appeal is given is the clerk of the court on the trial of appeals, and must record the proceedings.
Judge to hear and determine within 2 months
30 The judge must hear and determine the appeal within 2 months after receiving notice of it from the clerk of the municipality, or within a further period as the judge on hearing the parties may decide to be necessary in order to allow proper inspection of the premises under section 31.
Powers of judge on appeal
31 (1) The judge on appeal may
(a) examine parties and witnesses on oath,
(b) inspect the premises, and
(c) require the engineer to accompany the judge.
(2) The judge on appeal may set aside, alter or affirm the award and correct any errors in it.
(3) If the award is affirmed or altered, the costs of appeal are in the discretion of the judge.
(4) If the award is set aside, the judge may
(a) provide for the payment of the costs in the award and the costs of appeal,
(b) order the payment of costs by any of the parties to the award, as to the judge seems just, and
(c) set the amount of the costs.
Fees and disbursements of judge
32 The judge is entitled to charge for appeals under this Part and for the inspection of the premises the sum of $5 a day and actual travelling expenses, which charge is part of the costs of appeal under section 31.
Enforcement of award as amended
33 (1) The award as altered or affirmed must be
(a) certified by the clerk, together with the costs ordered, and by whom it is to be paid, and
(b) enforced in the same manner as the award of the engineer.
(2) The time for the performance of the requirements of the award as altered or affirmed must be computed from the date of the judgment in appeal.
(3) The clerk must immediately after the hearing send, by registered letter, to the clerk of any other municipality in which land affected by the ditch is located a certified copy of the changes, if any, made in the award by the judge, which copy must be filed with the award, and each clerk must at once, by registered letter, notify every owner within the municipality of any change made by the judge in the portion of work and material assigned to that owner.
Judge may amend or refer award back
34 An award made by an engineer under this Part must not be set aside by the judge for want of form only, or for lack of strict compliance with this Part, and the judge may amend the award or other proceedings, and may refer the award back to the engineer with directions necessary to carry out this Part.
When award binding despite defects
35 Every award made under this Part is valid and binding for all purposes, after the lapse of the time limited for appeal to the judge, and after the determination of appeals, if any, by the judge, where the award is affirmed despite a defect in form or substance in the award or in any of the proceedings relating to the work to be done under the award.
Powers of judge to take evidence
36 In all appeals under this Part from the engineer's award, the judge possesses all powers for compelling the attendance of, and for the examination on oath of, all parties and other persons as belong to or might be exercised by the judge in the Supreme Court.
Clerk may issue subpoenas
37 (1) On appeal to a judge under this Part, the clerk of the municipality has powers similar to the registrar of the Supreme Court to issue subpoenas or summonses to witnesses on the application of any party to the proceedings, or on an order of the judge for the attendance of a person as a witness before the judge.
(2) The fees allowed to witnesses on an appeal under this Part are on the scale of fees allowed to witnesses in an action in the Supreme Court.
Municipalities to pay costs and collect them from persons liable
38 The municipality or each of them must, within 30 days after the expiration of the time for appeal or after appeal, pay to the engineer and judge and all other persons the charges and fees awarded or which are to be paid by the owners in the matter, and must, if not paid promptly by the persons who are to pay them, cause the amount, with 7% added to it, to be placed on the collector's roll as a charge against the land of the person in default, and it becomes a charge on the land, and must be collected in the same manner as municipal taxes.
Letting work on noncompliance with award
39 (1) The engineer, at the expiration of the time limited by the award for the completion of the ditch or any portion, must inspect it, and if the engineer finds the ditch or any part not completed in accordance with the award, he or she may let the work and supply of material to the lowest bidder giving security in favour of the municipality by which he or she was appointed, and approved by the engineer, for the due performance of the work within a limited time, but letting must not take place
(a) until notice in writing of the intended letting has been posted up, in at least 3 conspicuous places in the neighbourhood of the place at which the work is to be done, for 6 clear days, and
(b) until after 6 days from the sending of the notice by registered letter to the last known address of the persons interested in the award who do not reside in the municipality.
(2) [Repealed 2001-48-2.]
Extension of time for compliance
40 If, however, the engineer is satisfied of the good faith of the person failing in the performance of the award, and there is good reason for the nonperformance, the engineer may, in his or her discretion, and on payment of his or her fees and charges, extend the time for performance.
Liability of person in default of doing work after proceedings begun
41 (1) Any owner in default, supplying the material and doing the work after proceedings are begun to let the work and supply of material, is liable for the fees and expenses occasioned by the default, and they form a charge on the owner's land.
(2) If, after notice to an owner, the owner does not pay the fees and expenses under subsection (1), the municipality must pay them on the certificate of the engineer, and must cause the amount, with 7% added to it, to be placed on the collector's roll against the land of the person in default, to be collected in the same manner as municipal taxes.
Power to relet
42 The engineer may let the work and supply of material or any part, by the award directed, a second time or more often, if it becomes necessary in order to secure its performance and completion.
Certificates of engineer on completion of work let
43 The engineer must, within 10 days after receiving notice in writing of the supplying of material and completion of the work let by the engineer under this Part, inspect the work and material, and, if he or she finds the material furnished and the work completed, certify it in writing in Form H, stating the following:
(a) the name of the contractor;
(b) the amount payable to the contractor;
(c) the fees and charges which the engineer is entitled to for services rendered necessary because of the nonperformance;
(d) by whom they are to be paid.
Payment of amounts named in certificate of engineer
44 The municipal council must, at its meeting next after the filing of the certificate under section 43, pay the sum set out to the persons named, and unless the owners in the municipality on notice pay the sums for which they are by the notice made liable, the council may cause the amount each owner is liable for, together with 7% added to it, to be placed on the collector's roll, and it becomes a charge against the owner's land, and must be collected in the same manner as municipal taxes.
Letting contracts for rock cutting or blasting
45 (1) If it appears to the engineer that rock cutting or blasting is required, the engineer may cause the work of cutting or blasting and removing the rock to be done by letting the work out to public competition by tender or otherwise, instead of requiring each owner benefited to do his or her share of the work.
(2) The engineer must, by his or her award, determine the fractional part of the whole cost which must be paid by each of the owners benefited, and on completion of the rock cutting or blasting and removal must certify to the clerk of the municipality by which he or she was appointed the total cost including his or her fees and charges.
(3) The clerk, and the clerk of any other municipality affected, must notify an owner liable to contribute under the award, in their respective municipalities, of the total cost and the part to be paid by that owner, and unless paid at once, that part, with 7% added to it, must be placed on the collector's roll of the municipality in which the owner's land is located, and it becomes a charge against the land of the owner liable, and must be collected in the same manner as municipal taxes.
Payment of contractor and engineer
46 The municipality in which proceedings for the work were commenced must pay the contractor for the rock cutting or blasting and removal as soon as done to the satisfaction and on the certificates of the engineer, and must pay the fees and charges of the engineer in connection with it.
Owners desiring to avail themselves of ditch after construction
47 (1) If an owner, during or after the construction of a ditch, desires to use that ditch for draining other land than that contemplated by the original proceedings, the owner may act under this Part as if the owner were an owner requiring the construction of a ditch.
(2) An owner must not make use of a ditch after construction, except under an agreement or award under this Part.
Deepening, widening or covering ditch
48 (1) This Part applies to the deepening, widening or covering of any ditch, and the proceedings to be taken to obtain the deepening, widening or covering are the same as the proceedings to be taken for the construction of a ditch under this Part.
(2) A ditch must not be covered unless when covered it will provide capacity for all the surface and other water from land and roads draining naturally towards and into it, as well as for the water from all the land made liable for the construction of it.
Maintenance of ditches
49 The maintenance of a ditch, whether covered or open, constructed, or of a creek or watercourse that has been deepened or widened under a former Act respecting ditches and watercourses, or constructed, deepened, widened or covered under this Part, must be performed by the respective owners in a proportion as provided in the original or any subsequent award, and the manner of enforcing it is as provided in this Part.
Enforcing maintenance
50 (1) If an owner whose duty it is to maintain a portion of a ditch neglects to maintain it in the manner provided by the award, any of the owners party to the award whose land is affected by the ditch may, in writing, notify the owner in default to have his or her portion put in repair within 30 days from the receipt of the notice.
(2) If the repairs are not made and completed within 30 days, the owner giving the notice may notify the engineer, in writing, to inspect the portion complained of.
Procedure of inspection by engineer
51 (1) The inspection by the engineer and the proceedings for doing and completing the repairs required and enforcing payment of costs, fees and charges are as provided in the case of noncompletion of the construction of a ditch.
(2) If the engineer finds no cause of complaint, the engineer must certify that with the amount of the engineer's fees and charges to the owner who complained and also to the clerk of the municipality.
(3) The owner who made the complaint must pay the fees and charges of the engineer, and if not paid at once by the owner, they must be charged and collected in the same manner as is provided for by this Part in the case of other certificates of the engineer.
Procedure if ditch not constructed under this Part or Acts mentioned in s. 49
52 Any owner interested in or affected by a ditch that has not been constructed under any Act referred to in section 49, or under this Part or under any Act relating to the construction of drainage works by local assessment, may take proceedings for the deepening, widening, extending, covering or repair of that ditch, in the same manner as for the construction of a ditch under this Part, but the extent of the work, costs and assessment must not exceed the limitations imposed under section 7.
Reconsideration of agreement or award
53 (1) An owner party to the award whose land is affected by a ditch, whether constructed under this Part or any other Act respecting ditches and watercourses, may, at any time after the expiration of 2 years from the completion of the construction of it, or, in the case of a covered drain, at any time after the expiration of one year, take proceedings for the reconsideration of the agreement or award under which it was constructed, and in every such case he or she must take the same proceedings, and in the same form and manner, as are provided in the case of the construction of a ditch.
(2) If a ditch, after its construction, proves insufficient for the purposes for which it was constructed so as to cause an overflow of water and damage on land along the ditch, an owner party to the award may, at any time after the expiration of 6 months from the completion of the ditch, take proceedings for the reconsideration of the agreement or award under which the ditch was constructed, for remedying the defect in that particular respect.
Penalty for engineer failing to inspect
54 (1) Any engineer who wilfully neglects to make an inspection under this Part for 30 days after he or she received written notice to inspect is liable, on conviction, to a fine of not less than $50 and not more than $100.
(2) A fine under subsection (1) must be paid to the municipality in which the offence arose.
Enforcement of award only as provided in this Part
55 (1) The performance of an award or completion of a ditch made under this Part may be enforced in the manner provided for by this Part.
(2) No action, suit or other proceedings lies or may be taken for an order in the nature of mandamus or other order to enforce or compel the performance of an award or completion of a ditch made under this Part except as provided for by this Part.
Section 39 (2) BEFORE amended by 2001-48-2, effective September 26, 2001 [30 days after August 27, 2001 (Royal Assent).]
(2) The determination of the lowest bidder under subsection (1) is subject to the Skills Development and Fair Wage Act.
Section 58 definition of "comptroller" BEFORE amended by 2014-15-151, effective February 29, 2016 (BC Reg 35/2016).
"comptroller" means the Comptroller of Water Rights appointed under the Water Act;
Section 58 definition of ""irrigation purpose, "power purpose", and "waterworks purpose"" BEFORE repealed and replaced by separate definitions for each term by 2014-15-151, effective February 29, 2016 (BC Reg 35/2016).
"irrigation purpose", "power purpose", and "waterworks purpose" have the meanings in section 1 of the Water Act;
Section 58 definitions of "electronic meeting", "fully electronic meeting" and "partially electronic meeting" were added by 2023-49-22, effective November 30, 2023 (Royal Assent).
Section 63 BEFORE (2) and (3) were amended and (4) was added by 2014-15-152, effective February 29, 2016 (BC Reg 35/2016).
Charge of works vested in commissioners and compliance with Water Act
63 (1) Subject to this Part and any orders, rules or regulations made under it, full charge and authority over the extent and scope of the works and over their execution, maintenance, repair and operation is vested in the commissioners.
(2) If the works proposed to be carried out include works for the diversion, storage, use or delivery of water, the commissioners must, in their corporate name, apply under the Water Act for the approval of the undertaking of the corporation and obtain all necessary water licences, and must in all respects comply with that Act.
(3) In addition to all other powers conferred on the commissioners, they have, for the diversion, storage, use or delivery of water within the scope of the order in council constituting the district, all the powers given to a municipality under the Water Act, and that Act applies for that purpose, and the interpretation given to the expression "municipality" in that Act for this Part includes a district constituted under this Part.
Section 64 BEFORE amended by 2023-49-24, effective November 30, 2023 (Royal Assent).
Meetings
64 (1) The office of the commissioners may be located in or out of the district and the books and records of the commissioners may be kept at that office.
(2) A meeting of the commissioners or of the owners may be held in or out of the district.
(3) The remuneration to be paid to the commissioners for their services may be determined at the meeting of the owners held under section 76 (1) and (2), and may be altered or determined at any annual meeting held under section 162.
Section 66 (2) (a) BEFORE amended by 2023-10-161, effective March 30, 2023 (Royal Assent).
(a) satisfy himself or herself of, and certify, the correctness of all accounts submitted to the commissioners, and
Section 68 BEFORE amended by 2023-10-162, effective March 30, 2023 (Royal Assent).
Collector to give security
68 The collector must furnish security to the satisfaction of the commissioners for the due accounting for, and payment over of, all money that may come to his or her hands as collector, and for the faithful performance of his or her duties, in the sum of $500, or in a larger sum as the commissioners require.
Section 76 (1) and (2) BEFORE amended by 2023-49-25, effective November 30, 2023 (Royal Assent).
(1) On completion of the plans and the estimate of cost referred to in section 75, and before the preparation of the assessment roll, the commissioners must, by a notice mailed or delivered to each owner, and posted up in at least 3 conspicuous places in the district, call a meeting of the owners to consider whether or not the works as detailed in the plans and estimate are to be executed, and to set the remuneration of the commissioners.
(2) The notice may be in Form J and must be mailed or delivered and posted up not less than 10 days before the day named in it for the meeting.
Section 77 (2) to (4) BEFORE amended by 2023-49-27, effective November 30, 2023 (Royal Assent).
(2) After the expiration of the time limited for an appeal against the assessment roll provided by section 93, or if an appeal has been taken, then after the appeal has been adjudicated, the commissioners must, by a written notice mailed or delivered to each owner and posted in at least 3 conspicuous places in the district, call a general meeting of the owners, to be held in the month of January next following at a place, in or outside of the district, and at a time they think convenient, in order to do the following:
(a) elect a commissioner for the term of one year, a commissioner for the term of 2 years and a commissioner for the term of 3 years;
(b) set the date at which annual general meetings must be held;
(c) receive from the commissioners who have been in office a report on the condition of the works and a statement of the financial condition of the district;
(d) discuss with the commissioners any matters relating to the works or finances of the district;
(e) set the remuneration of the commissioners for the ensuing year.
(3) The notice may be in Form K and must be mailed or delivered and posted not less than 15 days before the day named in it for the meeting.
(4) A general meeting must be held in each year after that, after giving a similar notice and for the purposes specified in subsection (2), but only one commissioner must be elected at any subsequent annual general meeting.
Section 81 (2) (part) BEFORE amended by 2014-15-153, effective February 29, 2016 (BC Reg 35/2016).
(2) Subject to the Water Act and to the approval of the comptroller, the commissioners may make rules for
Section 107 (2) and (3) BEFORE amended by 2003-52-49, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(2) If the top of the dike forms a portion of a highway or road, the municipal corporation or other authority responsible for the repair of the highway must maintain it at a constant level and repair all injury, directly or indirectly, caused to the dike by its use as a highway or road.
(3) If a highway is crossed by a ditch necessitating the construction of a bridge, the commissioners are liable for the first cost of the bridge, and the municipal corporation, or other authority responsible for the repair of the highway, must maintain and keep it in proper repair.
Section 108 BEFORE amended by 2004-61-24, effective March 18, 2005 (BC Reg 95/2005).
108 If land not taken is injuriously affected by the works executed by the commissioners, the damage must, if not mutually agreed on, be valued and assessed by the Expropriation Compensation Board established under the Expropriation Act.
Section 114 (1) BEFORE amended by 2023-49-29, effective November 30, 2023 (Royal Assent).
(1) If land enclosed by dikes is enclosed by and protected by other dikes erected outside the dikes, the commissioners in charge of the land reclaimed by the outer dikes must call a meeting of all the owners within the level contained and enclosed by the outer dikes, and give 6 days' notice of the time and place of the meeting to each owner or the owner's known agent.
Section 136 (2) BEFORE amended by 2023-10-164, effective March 30, 2023 (Royal Assent).
(2) If the land is not redeemed within the period allowed for redemption, the surplus must be paid over to the owner or the owner's personal representatives, without interest, on written request to the commissioners, unless a claim to the surplus is made by some other person on the ground that the land belonged to that other person, or that he or she is otherwise entitled to the surplus.
Section 145 (1) (b) BEFORE amended by 2004-66-51, effective January 20, 2005 (BC Reg 16/2005).
(b) an action must not be brought against the registrar or the Attorney General under the Land Title Act or against the commissioners for the sale of the land or the issuance of a certificate of title to it, and
Section 145 (2) (part) BEFORE amended by 2023-10-165, effective March 30, 2023 (Royal Assent).
(2) A person who at the time of sale was the registered owner of the land sold, or his or her heirs, executors, administrators or assigns, or any person who at the time of sale was the holder of a registered interest in or charge on the land must be indemnified by the commissioners for any loss or damage sustained by the person on account of the sale of the land in any of the following circumstances:
Section 153 (d) BEFORE amended by 2023-10-166, effective March 30, 2023 (Royal Assent).
(d) if at the time the rate is levied the clerk has a general rate roll delivered to him or her, the clerk must add a column to it, headed "Execution Rate in A.B. vs. Commissioners", and must insert in it the amount in the precept required to be levied on each person, and must levy the amount of the execution rate, and must, with all reasonable expedition, return to the sheriff the precept with the amount levied on it, after deducting the percentage for collection;
Section 154 (1) BEFORE amended by 2023-10-167, effective March 30, 2023 (Royal Assent).
(1) If an owner, or a bond or debenture holder or creditor of the commissioners, feels aggrieved by the proceedings or by any omission or default of the commissioners, or of any person under this Part, or liable to be prejudiced, he or she may appeal to a judge in a summary manner on a summons to be granted, if thought expedient, by the judge, and the order may be made as the judge thinks proper.
Section 162 (10) BEFORE amended by 2023-10-169, effective March 30, 2023 (Royal Assent).
(10) A person must not act as proxy unless he or she is the owner of land in the district, and is qualified on his or her own behalf to vote at the meeting at which he or she acts as proxy, or he or she has been appointed to act at that meeting as proxy for a corporation.
Section 162 (1) and (3) BEFORE amended by 2023-49-31, effective November 30, 2023 (Royal Assent).
(1) The commissioners of any district constituted before April 1, 1919 must, by a notice posted in a conspicuous place at each and every post office in the district, or if there is no post office in the district, then at 3 conspicuous public places in the district, call a general meeting of the ratepayers of the district at a date not earlier than January 15 and not later than January 31 in each year, the notice to be posted not less than 10 days before the date set for the meeting, and the commissioners must at the meeting, submit to the meeting a report on the condition of the works under their charge and a statement showing the financial condition of the district, and may at the meeting discuss with the ratepayers matters relating to the condition and maintenance of the works under their charge.
(3) The notice convening the meeting must state that the resolution will be submitted to the meeting.
Section 162 (1.1), (1.2) and (1.3) were added by 2023-49-31, effective November 30, 2023 (Royal Assent).
Section 164 (4) BEFORE amended by 2023-10-170, effective March 30, 2023 (Royal Assent).
(4) At the time and place set by the minister, the minister must hear in a summary manner the appeal and the evidence given on oath, and may adjourn the hearing and defer judgment as he or she thinks advisable.
Section 165 (2) BEFORE amended by 2023-49-33, effective November 30, 2023 (Royal Assent).
(2) In districts referred to in subsection (1), the inspector or board must by written notice, mailed or delivered to each owner and posted in at least 3 conspicuous public places in the district, call a general meeting of the owners, to be held in or out of the district at a time in each year as the inspector or board thinks expedient, for the purpose of receiving a report on the condition of the works and a statement of financial condition of the district, and to discuss any matters relating to the works or the finances of the district.
Section 167 (1) and (2) BEFORE amended by 2003-72-9(a), effective November 17, 2003 (Royal Assent).
(1) On the making of an order under section 166, the inspector of dikes named in the order and the inspector's successors in office
(a) are a corporation under the name of the inspector of dikes of the district,
(b) have power to acquire, hold and dispose of property for the purposes of this Part, and
(c) are vested with all the powers and subject to all the duties of the commissioners under this Part.
(2) On the making of an order under section 166, the appointment and office of the commissioners for the district is abrogated.
Section 168 (part) BEFORE amended by BC Reg 342/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 342/2006).
168 On the making of an order under section 166, the commissioners whose powers are transferred must
Section 169 BEFORE amended by 2003-72-11, effective November 17, 2003 (Royal Assent).
169 The production of a copy of the Gazette purporting to be printed by the Queen's Printer containing a notice of the order in council is conclusive evidence in all courts and in all proceedings of the transfer of the powers and duties of the commissioners for the district to the inspector of dikes and of the regularity of all proceedings leading up to it.
Section 170 (2) BEFORE amended by 2003-72-12, effective November 17, 2003 (Royal Assent).
(2) Despite any other statute, the Lieutenant Governor in Council may dissolve any development district and make the disposition of its assets and liabilities that appears equitable.
Section 170 (1) BEFORE amended by 2007-14-89, effective December 1, 2007 (BC Reg 354/2007).
(1) In this section, "development district" includes a district, and every drainage, diking or development district incorporated before January 1, 1965 by or under any statute except the Water Act.
Section 171 (1) BEFORE repealed by 2003-72-14(a), effective November 17, 2003 (Royal Assent).
(1) If a development district is dissolved under section 170, the minister responsible for the administration of the Local Government Act may transfer, to the municipality in which the works of the development district were located, its assets, rights, claims, obligations and liabilities.
Section 171 (2) BEFORE amended by 2003-72-14(b), effective November 17, 2003 (Royal Assent).
(2) After a transfer under subsection (1) has been made, the area that was included in the development district is deemed to be a specified area under Division 2 of Part 19 of the Local Government Act, and for these purposes that Division applies.
Section 171 (2) BEFORE amended by 2003-52-50(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(2) After a transfer to a municipality under section 170.1 has been made, the area that was included in the development district is deemed to be a specified area under Division 2 of Part 19 of the Local Government Act, and for these purposes that Division applies.
Section 171 (3), (4) and (7) BEFORE amended by 2003-52-50(b), effective January 1, 2004 (BC Reg 465/2003).
(3) If the works of a development district are located in more than one municipality, the municipalities may assume the assets, rights, claims, obligations and liabilities in accordance with the apportionment set out in the order dissolving the development district, and that portion of the development district in each municipality is a specified area of that municipality.
(4) A council may provide that some or all of the assets of the development district be credited to the specified area and that some or all of the liabilities be charged to the specified area.
(7) The entire cost or the parts of the cost of an existing work or a work to be constructed under the terms of an agreement under this section, and of its maintenance and operation, as may be determined by the council, must be borne by the owners of real property in the specified area.
Section 171 (5) BEFORE amended by 2003-52-50(c), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(5) Without limiting section 176 [corporate powers] of the Local Government Act, a council may enter into an agreement with the Provincial government for the joint undertaking of additional works of a similar nature and for their maintenance.
Section 171 (6) BEFORE amended by 2003-52-50(d), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(6) A council may, by bylaw adopted without the assent of the electors but otherwise in accordance with the Local Government Act, borrow sums required under any agreement with the Provincial government.
Section 171 (8) BEFORE repealed by 2003-52-50(e), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(8) For the purpose of subsection (7), the powers of section 646 (4) [services for specified areas] of the Local Government Act include the power to impose a tax at a uniform area rate or at a uniform rate for each parcel.
Section 172 (1) and (4) was BEFORE amended by 2016-5-7, effective March 10, 2016 (Royal Assent).
(1) After a transfer to a regional district under section 170.1 has been made, the area that was included in the development district is deemed to be a service area under Division 4.1 of Part 24 of the Local Government Act, and for these purposes Divisions 4.1 to 4.4 apply.
(4) Without limiting section 176 [corporate powers] of the Local Government Act, a board may enter into an agreement with the Provincial government for the joint undertaking of additional works of a similar nature and for their maintenance.
Schedule, Forms A to H BEFORE amended by 2002-12-9, effective April 11, 2002 (Royal Assent).
FORM A
Resolution for Appointment of Engineer
A Resolution for the Appointment of an Engineer Under the Drainage, Ditch and Dike Act, Part 1
Finally passed ..................................... [month, day, year].
The Municipal Council of the ................................... of ............................... resolves as follows:
1 Under section 6 of the Drainage, Ditch and Dike Act, ........................................ [name of person], of ...................................................... , is appointed as the engineer for this municipality to carry out Part 1 of the Act.
2 The engineer must be paid the following fees for services rendered under Part 1 of the Act [or as the case may be]:
3 This resolution takes effect from and after the passing of it.
.....................................
Mayor
.....................................
Clerk
[l.s.]
FORM B
Declaration of Ownership
In the matter of the Drainage, Ditch and Dike Act, Part 1, and of a ditch in the municipality [or as the case may be] of ........................................... I, ................................................................ , of the ........................... ............. of .................................................. , do solemnly declare and affirm that I am the owner, within the meaning of the Drainage, Ditch and Dike Act, Part 1, of [description of land] in the Municipality of ............................................. , being [describe the nature of ownership]. Solemnly declared or affirmed before me at the .................................................. of ............................................................. ,) in the Municipality of ....................................................... , ..................................... [month, day, year].
.......................................................
A Commissioner, Notary Public, Justice, etc.
FORM C
Notice to Owners of Land Affected by Proposed Ditch
To ................................................ Municipality of ....................................., .......................... [month, day, year].
Take notice that I am, within the meaning of the Drainage, Ditch and Dike Act, Part 1, the owner of lot [description of land], and as an owner I require a ditch to be constructed [or if for reconsideration of agreement or award to deepen, widen or otherwise improve the ditch, state the object] for the draining of my land under Part 1 of the Act. The following other land will be affected: [here set out the other parcels of land, and municipality, and the name of the owner in each case; also each road and the municipality controlling it].
I request that you, as owner of the [state his land], attend at [state place of meeting], on, ......................... [month and date, year], at ......................... o'clock [a.m. or p.m.], with the object of agreeing, if possible, on the respective portions of the work and materials to be done and furnished by the interested owners and the portions of the ditch to be maintained by them.
Yours,
(Name of owner) ..................................................
FORM D
Agreement by Owners
Municipality of .................................., ..........................................................[month, day, year].
As it is found necessary that a ditch should be constructed [or deepened, widened or otherwise improved], under the Drainage, Ditch and Dike Act, Part 1 for the draining of the following land [and roads, if any]: [here describe each parcel and give name of owner as in the notice, including the applicant's own land, and municipality, and also roads and by whom controlled].
We, the owners, within the meaning of Part 1 of the Act, of the land [and if roads proceed and .............................. the (mayor) of the municipality on behalf of the council], do agree, each with the other, as follows: That a ditch be constructed [or as the case may be], and we estimate the cost of it in the sum of $ ........................, and the ditch must be of the following description: [here give point of commencement, course and determination, its depth, bottom and top width and other particulars as agreed on, also any bridges, culverts or catch basins, etc., required]. I, ......................................................., owner of [describe his land], agree to [here give portion of work to be done, or material to be supplied], and to complete the performance of it on or before ................................. [month, day, year]. I, ..............................................., owner of, etc. [as above, to the end of the ditch].
That the ditch when constructed must be maintained as follows: I, ........................................, owner of [describe his land], agree to maintain the portion of ditch from [fix the point of commencement] to [fix the point of termination of his or her portion]. I, ..........................................., owner of [describe the land], agree to maintain, etc. [as above, to the end of the ditch].
(Signed by the parties here.)
Signed in presence of...............................................
FORM E
Requisition for Examination by Engineer
Municipality of ......................................., .................................................... [month, day, year].
To [name of clerk],
Clerk of ................................................................ , [ P.O. address].
I am, under the Drainage, Ditch and Dike Act, Part 1, the owner of [description of land as in the declaration], and I require to construct [deepen, widen or otherwise improve, as needed] a ditch under Part 1 of the Act for the drainage of my land, and the following land and roads will be affected: [here describe each parcel to be affected, as in the notice for the meeting to agree, and state the name of the owner]; and the owners having met and failed to agree, I request that the engineer appointed by the municipality for Part 1 of the Act be asked to appoint a time and place in the locality of the proposed ditch at which he or she will attend and examine the premises, hear any evidence of the parties and their witnesses and make an award under Part 1 of the Act.
(Signature of the party or parties) ..................................................
FORM F
Notice of Appointment for Examination by Engineer
Municipality of .........................................., ......................... ........................... [month, day, year].
To [name of owner],
[P.O. address].
You are hereby notified that the engineer appointed by the municipality for the Drainage, Ditch and Dike Act, Part 1, has, in answer to requisition, set the hour of ................. o'clock [a.m. or p.m.] on ........................ [month, day, year], to attend at [name the place appointed] and to examine the premises and site of the ditch required by me to be constructed under Part 1 of the Act [or as the case may be], and you, as the owner of land affected, are required to attend, with any witnesses that you may desire to have heard, at the time and place.
Yours,
(Signature of Clerk) ...............................................
FORM G
Award of Engineer
I, ............................................. , the engineer appointed by the Municipality of the ........................................ of ............................................. , under the Drainage, Ditch and Dike Act, Part 1, having been required to do so by the requisition of ................................................... , owner of [describe as in requisition], filed with the clerk of the municipality, and representing that he or she requires certain work to be done under Part 1 of the Act for the drainage of the land, and that the following other land [and roads] would be affected: [here set out the other parcels of land or roads affected as in the requisition], did attend at the time and place named in my notice in answer to the requisition, and having examined the locality and the parties and their witnesses [if such be the case], find that the ditch [or the deepening or widening of a ditch] is required. The location, description and course of the ditch, and its point of commencement and termination, are as follows: [here describe the ditch as to all above particulars].
The work will affect the following land: [here set out the other land and its respective owners]. I award and apportion the work and the furnishing of material among the land affected and the owners according to my estimate of their respective interests in the work as follows:
1 [Name of owner and description of his or her land] must make and complete [here fix the point of commencement and ending of his or her portion] and must furnish the material [state what material], all of which, according to my estimate, will amount in value to $ ............... , and I set the time for the performance of the work and providing material on ............................... [month, day, year], at the latest.
2 [Name of owner and description of his or her land and so on as above to the end].
I do further award and apportion the maintenance of the ditch as follows:
1 [Name of owner and description of his or her land] must maintain [here fix the point and commencement and ending of his or her portion].
2 [Name of owner, etc., as above].
My fees and the other charges for making this award are [here give fees and other charges, including clerk's fees in detail], amounting in all to $ ................ , which must be paid as follows: [state by whom and by what land].
Dated................................................................ [month, day, year].
Witness:................................................................
FORM H
Certificate of Engineer
To [name of clerk],
Clerk of .............................................. , [P.O. address].
I certify that ........................................................... has furnished the material and completed the work [as the case may be] which under my award made in accordance with the Drainage, Ditch and Dike Act, Part 1, and dated ................................ [month, day, year], ............................................ owner of [describe his or her land, giving municipality or otherwise] was adjudged to perform, and having failed in the performance of it was subsequently let by me to ...................................... for the sum of $ ........................, and as he or she has now completed the performance of it is entitled to be paid the amount.
I further certify that my fees and charges for my services rendered necessary by reason of the failure to perform are [give terms] $ ...................... , and the amount payable to the contractor and the fees and charges are chargeable on [describe property to be charged], under the Drainage, Ditch and Dike Act, Part 1, unless paid at once.
Dated................................................................ [month, day, year].
(Signature of engineer)................................................................
Engineer for................................................................
Schedule, Forms J and K BEFORE repealed by 2023-49-35, effective November 30, 2023 (Royal Assent).
FORM J
District
Notice is given that a meeting of the owners of land in the above named district will be held, under the Drainage, Ditch and Dike Act, Part 2, in the ......................................... at ..................................... , B.C., on ................................. [month, day, year], at .................. o'clock [a.m. or p.m.] to examine the plans and estimates of the works for ............................ within the district which have been prepared by the engineer, and for considering whether or not the works must be executed according to the plans and estimates, or in some other form, or not at all; and for setting the remuneration to be paid to the commissioners for their services.
Dated................................................................ [month, day, year].
...............................................................
...............................................................
...............................................................
Commissioners for................................................................ District
FORM K
District
Notice is given that a general meeting of the owners of land in the ......................................... district will be held in the ..................................... at ............................... , B.C., on ............................ [month, day, year], at ................ o'clock in the a.m. or p.m., to:
elect a commissioner for one year;
elect a commissioner for 2 years;
elect a commissioner for 3 years;
receive the reports of the retiring commissioners;
discuss the works and finances of the district; and
set the remuneration of the commissioners for the ensuing year.
Dated................................................................ [month, day, year].
................................................................
................................................................
................................................................
Commissioners for................................................................ District