The Regulations Respecting the Maintenance and Repair of Municipal Drains in Ontario (SOR/2026-88) establish an updated regulatory framework under the Fisheries Act to govern routine maintenance activities in Ontario’s municipal drainage infrastructure. The instrument is designed to replace repeated project-by-project authorization with a category-based exemption system, while maintaining enforceable environmental safeguards for fish and fish habitat.

The regulation responds to a structural regulatory tension in fisheries protection law: the Fisheries Act prohibits any activity that results in the death of fish or the harmful alteration, disruption, or destruction of fish habitat unless authorized. Traditionally, proponents such as municipalities must obtain individual permits from Fisheries and Oceans Canada (DFO) for works affecting waterways. While necessary for high-risk projects, this case-by-case system has proven administratively burdensome for routine drain maintenance, particularly in Ontario where municipal drains are numerous and require periodic cleaning.

Municipal drains are artificial or modified watercourses established under Ontario’s drainage legislation to manage surface water, improve agricultural productivity, and reduce flood risk. Despite their engineered purpose, they often provide functional fish habitat. Maintenance typically involves sediment removal, vegetation clearing, and bank stabilization—activities that can affect spawning habitat, substrate composition, and riparian cover.

The regulation formalizes and expands this approach by establishing three principal categories of municipal drains—C, E1, and E2—each defined by ecological sensitivity and fish habitat characteristics. Category C drains are the least sensitive and allow full-bottom and bank cleaning under general mitigation measures. Category E1 drains support species requiring gravel substrates and riparian vegetation; therefore, restrictions prohibit gravel removal and limit vegetation clearing to one bank where possible. Category E2 drains are the most sensitive, requiring protection of both gravel substrate and riparian/stream vegetation, and restricting cleaning to only half of the channel bottom and one bank.

Across all categories, standardized mitigation requirements apply. These include timing restrictions aligned with fish spawning periods, sediment control measures, erosion prevention practices, and the mandatory installation of refuge pits every 500 metres of cleaned drain to preserve aquatic habitat refugia. Work must be completed within a two-year period, and unclassified upstream segments adjacent to categorized drains inherit the same classification to prevent regulatory gaps.

Canada (88/2026) June 3, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.