Section 9

The Board may, at any time, declare that any private sewer vests, as from the date specified in the declaration, in the Government.

Before the Board makes a declaration under subsection (1), it must give written notice of its intention to do so to the owner of the sewer in question.

Any owner who is aggrieved by a notice issued by the Board under subsection (2) may appeal to the Minister within 28 days from the date of service of the notice.

Upon the hearing of an appeal under this section, the Minister may allow the appeal and the Board must not take any further action on the matter.

Where no appeal has been filed within the time specified in subsection (3) or an appeal has been dismissed by the Minister, the Board may proceed to make the declaration.

Where a declaration has been made in respect of a private sewer under this section, the Board must maintain the sewer and, if it sees fit, enlarge, alter or otherwise improve the sewer and may discontinue, close up or destroy the sewer as it thinks necessary as if it were a sewer constructed by the Board.

If by reason of the alteration, discontinuation, closing up or destruction of any private sewer vested in the Government under this section any person is deprived of the lawful use of the sewer, the Board must with due diligence provide some other sewer as effectual as the one the person is so deprived of.

The declaration under subsection (1) must be registered against those lands under the provisions of the Land Titles Act 1993 in respect of registered land and under the provisions of the Registration of Deeds Act 1988 in respect of other land.