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BYLAW 09-2025
Municipal Public Utilities Bylaw
A BY-LAW OF THE TOWN OF BARRHEAD, A MUNICIPAL CORPORATION IN
THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE ESTABLISHMENT OF
UTILITY SERVICES.
WHEREAS, pursuant to the provisions of the Municipal Government Act, being Chapter
M-26, of the Revised Statutes of Alberta, 2000, and amendments thereto, the Council may
pass Bylaws respecting to services provided by, or on behalf of the municipality; and,
WHEREAS, Council has deemed it necessary and desirable to levy fees for the supply and
maintenance of a utility services system which includes water, sanitary sewage, and solid
waste collection and disposal.
NOW THEREFORE, duly assembled in a Regular Meeting, the Council of the Town of
Barrhead, in the Province of Alberta hereby enacts as follows:
I.
DEFINITIONS
(a)
"Automated Waste Collection" shall mean the collection of solid waste by a
system of mechanical lifting and tipping of Carts or Bins into a specially
designed vehicle.
(b)
"Backflow Preventer" shall mean a device that uses one-way valves that is
designed to only allow water to travel in one direction.
(c)
"Bin" shall mean a Town supplied large volume, bulk, solid waste container
requiring mechanized collection for apartment, commercial, industrial and
institutional use.
(d)
"Bulk Waste Bin" shall mean a bulk solid waste container that was
purchased from the Town prior to the year 2018 and used for the waste
collection service as provided by the Town.
(e)
"Bulk Water Filling Station" means the Town of Barrhead's truck fill station
located at the Town Public Works lands or as moved from time to time and
all parts and use thereof.
(f)
"CAO" shall mean the Chief Administrative Officer of the Town of
Barrhead.
(g)
"Cart" shall mean a Town supplied wheeled receptacle that is intended for
the automated collection of solid waste for residential dwellings and light
commercial use.
(h)
"Consumer" shall mean that person utilizing the utility service whether it be
Owner or Tenant.
(i)
"Curb Cock" shall mean a valve that is located on the municipality owned
portion of the Water Utility, located between the main line and the property
line installed for the purpose of enabling the municipality to turn on or shut
off the supply of water to the Property; commonly referred to as CC.
(j)
"Declared Disaster" shall mean any declaration of a state of emergency
issued by the Town or any Provincial or Federal Departments or Agency
which an event or anticipated event will cause or did lead to the harm to the
health, safety or welfare of the people or property within the Town.
(k)
"Hazardous Substance" as per the Environmental Protection and
Enhancement Act of Alberta (EPEA), "hazardous substance" means a
substance or mixture of substances, other than a pesticide, that exhibits
characteristics of flammability, corrosivity, reactivity or toxicity, including,
without limitation, any substance that is designated as a hazardous substance
within the meaning of the regulations.
(l)
"Significant Local Event" shall mean an unintended or unexpected event,
which could cause or did lead to the harm to the health, safety or welfare of
the people or property within the Town.
(m) "Landowner" shall mean the person, company or entity registered on the
property title as per Alberta Land Titles.
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(n)
"Owner" shall mean the person, company or entity registered on the property
title as per Alberta Land Titles, or the Owner of the utility service itself
unless specified otherwise.
(o)
"Tenant" shall mean that person who rents or leases property and occupies
same.
(p)
"Town" shall mean the Town of Barrhead or its duly authorized
representatives.
(q)
"Wastewater Interceptor" is a device installed within pipework to collect and
hold contaminants, allowing the remaining wastewater to be discharged
safely into the main sewer system.
II.
Water Supply and Maintenance Service
1.
Service Charge and Metered:
(a)
The flat fee for water services will be $30.00 per month. This fee shall be
pro-rated based on date of service connection/disconnection and/or the
supply of water services.
(b)
The Water Consumption Rate shall be $2.83 per cubic meter for all water
volumes recorded through the water meter or on an estimated consumption
if the Town is unable to obtain a meter reading.
(c)
Where the meter installed is imperial rather than metric all rates shall be as
per the metric conversion. (imperial gallons - cubic meter).
2.
Unmetered Service:
Where the Town is unable to obtain a meter reading, or where a meter fails to
properly register the volume of water consumed within a Property, the amount of
water consumed during the time period in which the Town has been unable to
obtain a meter reading may be estimated by the Town based on the average daily
consumption of the property for a period of two (2) months, if known. In the event
that such information is not available, the consumption will be estimated on the
basis of the average daily consumption over a two (2) month period, for a
comparable property within the Town.
(a)
Bulk sales to Account Holders
$9.50/m³
(b)
Bulk sales to Credit/Debit Payments
$12.50/m3
3.
Construction Water
During the construction phase of a building, where water is being supplied,
whether through a metered or unmetered service, the Owner or Developer will pay
the minimum monthly charge for water and sewer only, commencing when the
water service has been connected and is in use.
4.
Water Meter - Installation/Repairs/Access:
(a)
Every water service connected to the Town water system shall be equipped
with a meter, to indicate the water consumption of that water service, and
an approved shut off valve, and all Consumers shall pay for their water
consumption and all other charges on the basis of and in accordance with
the tariff on rates as authorized from time to time by Council.
(b)
All meters shall be supplied, owned, installed and maintained by the
Town, unless written approval to the contrary is first obtained from the
Town. Water meters will be installed upon request, with the Owner or
Developer providing a minimum of two working days' notice of the
requested installation date. There shall be a $50.00 labour charge for the
installation of a water meter. Should the property Owner request
installation service outside normal working hours, the labour charge shall
be $130.00.
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(c)
Where a non-residential building or a residential building which has
numerous occupants, is monitored by more than a single water meter, and
is connected by a single water line with only one curb cock (c.c.) to the
Town water system, the Owner of said property is hereby made
responsible to the Town for the utility charges emanating from that
structure as monitored and calculated by the Town.
(d)
The size of each meter to be installed and the dimension for all meter
connections shall be determined by the Town. Information as to sizes and
dimensions shall be obtained from the Town Office. The size of meter
required will be determined when a development permit application is
submitted.
(e)
The Owner of any building in which a water meter service is, or is to be
installed, shall make proper provision for a meter to be installed
(horizontal). Any alterations necessary, determined by the Town, shall be
made by the Owner at his/her own expense.
(f)
Meter and shut off valves must be installed in an area readily accessible
for meter reading, inspection, repair and removal, and their location shall
be subject to the approval of the Town. All meters shall be located on the
Consumer's side of the approved shut off valve.
(g)
All new residential or non-residential properties must have the curb cock
(C.C.) at ground surface level when it is requested that the water service
is to be turned on.
(h)
No person shall do, or shall cause to be done, or shall permit to be done,
any act or thing which may obstruct, interfere with or impede a direct and
convenient access to a meter for the purpose of installation, inspection,
removal, repair, replacement, reading or the like at all times.
(i)
All Consumers shall give free access to all or parts of the building or
property in which water is delivered or consumed, to the Town or its
employees to install, inspect, repair and read, the meter or anything of a
similar nature.
(j)
In the event a water meter cannot be read remotely, the CAO or their
delegate will be required to gain access to the premises for the purpose of
reading the meter. In the event that a person refuses to provide access to
the property in order to obtain a meter reading, as requested by the Town,
for a period in excess of two (2) months, the supply of water to that meter
may be shut off until access is gained to obtain the water meter reading.
Twenty-four (24) hours written notice will be provided to the Consumer
or the Owner prior to shut off.
(k)
In the event a water meter must be repaired or replaced, the CAO or their
delegate will be required to gain access to the premises for the purpose of
repairing or replacing the meter. The cost of the repair/replacement may
be the responsibility of the Property Owner. In the event that a person
refuses to provide access to the property in order to repair or replace a
meter, as requested by the Town, for a period in excess of two (2) months,
the supply of water to that meter may be shut off until access is gained to
repair or replace the meter. Twenty-four (24) hours written notice will be
provided to the Consumer or the Owner prior to shut off.
(l)
No branch line or fire line shall be taken off the service pipe prior to the
meter without the written consent of the CAO or designate and upon the
approval of same, the Town shall apply a wire and seal to ensure that no
bypassing occurs.
(m)
The Owner shall provide adequate protection for the meter against frost,
heat or any other internal or external damage. The Owner is responsible
to provide adequate protection against internal or external damage to any
remote reading device that is still in active use. The Town may assess
costs against the Owner for repair or replacement of a damaged meter.
(n)
Where a chamber is required to meter a building or property, it shall be
constructed and maintained by the Owner, as per specifications provided
by the Town. Any Owner requesting to construct a chamber must receive
the prior approval of the CAO or designate.
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(o)
Where it is advantageous to construct large volume meter settings in the
form of a battery of smaller size meters rather than in the form of one large
meter, the Town may order this type of installation and the Owner shall
install the piping accordingly.
(p)
It shall be normal for one meter only to be installed on the one only service
pipe to the one only building on the lot free of cost, with the exception of
the installation charge (II.4.b) which will be paid by the Owner. Any
variation from the foregoing shall be approved by the CAO or designate
and the whole or part of the cost of such variation may be charged to the
Owner.
(q)
If a Consumer or Owner requests a water leak report or a data log report
there will be a $50.00 charge and copy of the report will be provided.
(r)
If a Consumer or Owner is doubtful regarding the accuracy of any 5/8"
meter, the Town may remove and have the meter sent for testing. The
Consumer shall be liable for all costs incurred by the Town to complete
the testing. A deposit of $300.00 shall be required before the meter is
removed from the property. Once all expenses for the testing are
reconciled, the Consumer or Owner may be required to submit an
additional payment if the expenses are greater than the $300.00 deposit, or
they may be eligible for a refund if the expenses are less than the $300.00
deposit. If it is determined that the meter is inaccurately providing high
readings, the deposit shall be refunded to the Consumer. A copy of the
testing report will be provided to the person making the request.
(s)
If a Consumer or Owner is doubtful regarding the accuracy of any meter
larger than 5/8", the Town may remove and have the meter sent away for
testing. The cost for testing on any meter larger than 5/8" will be
determined after receiving a quote for this service from a separate entity.
The Consumer shall be liable for the cost of this service. If it is determined
that the meter is inaccurately providing high readings, the full charge of
the testing will be refunded back to the Consumer. A copy of the testing
report will be provided to the person making the request.
5.
Liability of the Town:
The Town shall not be liable for any loss, injury, damage, expense, charge, cost or
liability of any kind, whether direct, indirect, special or of a consequential nature
(except only as specifically provided for in this section) arising out of or in any
way connected with any failure, defect, fluctuation, reduction or interruptions in
the provision of utility services by the Town to the Owner, howsoever caused,
including that which is caused by or related to:
(a)
The break, blockage, stoppage or failure of any portion of the utility services
within the Town;
(b)
The interference with or cessation of the utility services in connection with
repair or proper maintenance of the water utility, sewer utility or both;
(c)
Directly or indirectly as a result of the Town approving any service
connection;
(d)
Any change in the water pressure of the water utility, nor for the shutting off
of water nor by reason of water containing sediments, deposits or other
foreign materials; or
(e)
Any accident or incident due to the operation of the Water Utility or Sewer
Utility, unless such costs of damages have been shown to be directly due to
an act of bad faith, gross negligence or willful misconduct of the Town or its
employees, agents or other authorized representative.
(f)
The Town shall not be liable for loss of business arising from the
discontinuation of water service, whether the shut off was due to an
emergency or non-emergency reason.
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6.
Water Ration:
Where the Town may have breakage, leakage, or other shortage of supply, the
CAO in consultation with the Mayor may require that Consumers do not water
gardens, lawns, or prohibit other outside use as is deemed proper and expedient at
the time.
Any person who has received written or verbal notice of the water rationing and
commits a breach of same is liable to a penalty in lieu of prosecution as outlined
in Schedule A.
If said penalty is paid within seven (7) days of receipt of notice, payment shall be
accepted in lieu of prosecution.
The Town shall not be liable for loss of business arising from the rationing of
water, whether due to an emergency or non-emergency reason.
7.
Water Valves, Hydrants:
No Contractor/Owner shall turn the water service on unless for testing purposes,
and in such a case the CAO and/or designate shall be advised in advance of the
intention to ensure the water service is turned off.
No person, corporation, Consumer shall, other than authorized by the CAO and/or
designate, in advance, touch, turn or disturb any fire hydrant, curb stop, water valve
or anything associated with the water supply system.
Approval for all connections to the Town water system not specified in this Bylaw
shall require the prior approval of the Town.
8.
Bulk Water:
All new or renewed accounts for use of the Bulk Water Filling Station shall be
subject to a refundable Bulk Water Account Deposit. Deposits for Commercial
Accounts shall be $200.00 and deposits for Residential Accounts shall be $50.00.
There will also be a $25.00 plus GST non-refundable set up and administration fee
for all new accounts.
Applications for a Bulk Water account must be made in the Business name AND
the Business owner's name.
Bulk Water Accounts shall be subject to review and renewal every 12 month
period.
Any un-paid account which remains in arrears for a period of more than 45 days
shall be subject to termination and any subsequent reactivation after payment of
overdue funds will be subject to a $100.00 non-refundable re-activation fee for
overdue account holders.
Fittings used to attach hoses to the bulk water station MUST be clean and clear of
any grease or debris to eliminate any potential contamination of the water for the
next user. Should it be discovered that a dirty fitting was used, the account will be
suspended.
9.
Backflow Prevention:
(a) Where, in the opinion of the Town, the configuration of any water connection
creates a high risk for contamination to the water system, the Owner, upon
being given notice by the Town, shall install on their water service an approved
backflow preventer at the Owner's sole cost.
(b) No property owner shall connect, cause to be connected, or allow to remain
connected to the water system any piping, fixture, fittings, containers or
appliances, in a manner which under any circumstances may allow
contaminated or polluted water, wastewater or any other liquid, chemical or
substance to enter the domestic water supply.
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(c) All backflow preventers shall be inspected and tested at the expense of the
Owner, upon installation, and thereafter annually, or more often if required by
the Town, by personnel approved by the Town to carry out such tests to
demonstrate that the device is in good working condition. The Owner shall
submit a report for all tests performed on the backflow preventer within thirty
(30) days of a test and a record card issued by the Town shall be displayed on
or adjacent to the backflow preventer.
(d) If the results from a test referred to in Section 9(c) indicate that a backflow
preventer is not in good working condition, the Owner shall have 96 hours to
repair or replace it, along with testing it to ensure it is working properly. If the
Owner fails to comply with this, the Town may shut off the water service.
(e) If an Owner fails to have a backflow preventer tested as per Section 9(c) or
9(d), the Town may cause the water service to be terminated until the backflow
preventer has been tested and approved.
(f) No person other than those qualified may conduct the tests on backflow
preventers.
(g) Property Owners must notify the Town immediately if they suspect
contamination of the Town's water supply. Penalties as outlined in Schedule
A will be enforced.
III.
Sanitary Sewage Service
1.
No person, firm, institution or corporation shall damage, break or remove any
portion of the sewer system or its appurtenances or throw or deposit or cause to be
thrown or deposited in any sewer opening or receptacle connected with the sewer
system, any garbage, offal, dead animal, vegetable parings, ashes, cinders, rags, or
any other matter of thing except feces, urine, the necessary water closet paper and
liquid house slops, organic garbage, pulverized by a commercial garbage disposal
unit.
2.
No person, firm, institution or corporation, with intent, knowledge or by negligent
action, shall place or cause to be placed or facilitate the release of or cause the
release of any substance deemed toxic or any hazardous substance, into any
receptacle connected with the sewer system or where there is a reasonable chance
that such a release will enter the sewer system.
3.
The Town, at its discretion and at the Property Owner's expense, may require the
Owner of an industrial, commercial, institutional, or retail premises to install,
operate, monitor and properly maintain at all times a Wastewater Interceptor for
the removal of grease, oil, solids, dental amalgam or other harmful substances from
the Wastewater system.
a. Interceptors shall be installed in compliance with the most current
requirements of the Building Code and the Canadian Standards Association
and shall not be modified or tampered with in any manner which will affect
the intended use and performance.
b. No person shall discharge emulsifiers, enzymes, bacteria, solvents, hot water
or any other agent to facilitate the passage of any harmful substance that may
have an adverse effect on the wastewater system.
c. The owner of a property with an interceptor must keep the documents of proof
of interceptor clean-out for a two-year period.
d. Should it be discovered through wastewater testing that any contamination of
the wastewater system occurred due to owner neglect or failure to comply
strictly with the provisions of this bylaw, the Owner shall, in addition to any
penalty as stated in Schedule A, be liable for and on demand shall pay to the
Town all costs of monitoring, sampling, testing and removing any
contamination.
e. Property Owners must notify the Town immediately if they suspect
contamination of the Town's Wastewater System. Penalties as outlined in
Schedule A will be enforced.
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4.
The Town of Barrhead does hereby levy a monthly sewer service charge on all
persons, firms or corporations being the Consumer or purchaser entitled to
possession of property serviced directly or indirectly by a connection to the sewer
system of the Town of Barrhead.
5.
The sanitary sewer charge will be 40% of the cost of water usage, including the
flat monthly fee plus the consumption charge.
IV.
Solid Waste Collection and Disposal Service
1.
That the Commercial/Industrial/Institutional rate for solid waste collection shall be
at $144.20 per hour with a minimum of $72.10 per business per month. The rate
will be pro-rated to the nearest quarter hour, based on the actual recorded time for
collection and disposal.
2.
That the rate for Residential solid waste collection shall be as per the following
schedule:
Single family residence (65 Gallon Cart)
$16.00/month
Single family residence (95 Gallon Cart)
$25.65/month
Duplex $16.00/month/suite
Any residential building with three or more suites $11.25/month/suite
Mobile Home Park:
(a)
where no bins are provided and stops
are required for each or every second
mobile unit $16.00/month/unit
(b)
where self-unloading bins are provided $11.25/month/unit
3.
Commercial Light (65 or 95 Gallon Cart) - where
the collection is once a week
$25.65/month
4.
Commercial Light (65 or 95 Gallon Cart) - where
the collection is between two and five times a week $25.65/plus
$11.25/month
for each extra
pickup day
5.
Any building or business that does not fall
into any of the classifications mentioned
(No garbage cart or bin provided) $11.25/month
6.
Solid waste collection and disposal is also subject to the provisions of Bylaw
06-2018, the Waste Collection, Disposal and Recycling Bylaw.
7.
Solid waste collection Bins or Carts are supplied by the Town to each property.
The Landowner is responsible to ensure that the Bins or Carts remain in a
reasonable state of repair and are operational and safe for use with the Automated
Waste Collection system, as determined by the individual entrusted with the work
of collection or removal of waste on behalf of the Town.
(a)
Pursuant to Bylaw 06-2018, the Waste Collection, Disposal and Recycling
Bylaw, commercial garbage bins must be in an approved location and
provide free and clear access for waste removal.
(b)
All residential property Landowners with a single-family dwelling on the
land will be supplied one (1) 65 Gallon Cart for the Automated Waste
Collection. A written request for a change in size of Cart will be reviewed,
with approval subject to the discretion of the CAO or their designate.
(c)
All residential property Landowners with a duplex on the land will be
supplied with two (2) Carts for the automated waste collection.
Residential property Landowners with three (3) or more suites/apartments
will be contacted by the Town to ascertain whether Bins or Carts should
be supplied, which will determined by the Town, based on location of Bin
or Cart and volumes to be collected.
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(d)
Solid waste for commercial, industrial, institutional collection will be
placed in the Town supplied Bin(s) with the Landowner contacted by the
Town to ascertain whether Bins or Carts should be supplied, which will
determined by the Town, based on location of Bin or Cart and volumes to
be collected.
(e)
The Town supplied Carts and Bins are assigned a serial number unique to
each property and stay with that property.
8.
No garbage bag shall, when presented for collection, weigh more than 25 kg or
55 lbs. or within a reasonable limit thereof to be determined by that individual who
is entrusted with the work of collection or removal of waste on behalf of the Town
of Barrhead.
9.
All waste must be presented for collection or removal in the Town supplied Cart
or Bin, in non-returnable bags, and must be of a size and consistency of no greater
capacity than 1.3 cubic yards (1 cubic meter) and not more than 76 cm (30 inches)
in height and not more than 63 cm (25 inches) in width.
(a)
Where more than three individually tied grocery bags are used for garbage
collection or removal they must be placed in non-returnable bags subject
to specifications noted in this bylaw.
(b)
Animal waste, feces or any other material which is emitted or is caused
by the natural functioning of an animal, shall be placed in a separate
garbage bag, double bagged and securely tied.
(c)
All clippings from trees, shrubs or other branch bearing flora shall be tied
securely in bundles adhering to the aforementioned weight limitations for
garbage bags and shall be presented as such. Nor shall these bundles
exceed a length of approximately 0.91 meters (3 feet) and shall be judged
by those entrusted with the collection and removal of waste on behalf of
the Town of Barrhead.
(d)
Solid waste presented for collection in the Town supplied Cart must fit
within the Cart, with lid closed completely, be placed on the front street,
with arrows on the lid pointed to the street, wheels against the curb, with
at least one (1) meter clearance around all sides of the Cart. Dependent
on locations and varying circumstances the Town may designate an
alternate area for collection. Any bags or waste outside of the Cart will
not be collected.
(e)
All Carts must be removed from the street by 11:00 p.m. on collection
day and stored on the Landowners property.
(f)
Solid waste presented for collection in the Town supplied Bin, must have
the lid closed completely. Any bags or waste outside any Bins will not
be collected.
10.
No person other than the Tenant, Owner, Town representative or garbage
collection contractor shall interfere with, disturb the contents of, removal of or
addition of materials, to any collection container at any eligible premises with the
Town limits.
11.
The Town shall supply the 1st Cart(s) or Bin(s) to each property. Any replacement
of a Cart or Bin, due to loss or significant damage, with the exception of normal
wear and tear as determined by the Town, shall be the responsibility of the
Landowner at a cost of plus applicable taxes:
a.
65-gallon Cart - $ 100.00
b.
95-gallon Cart - $ 125.00
c.
2-yard Bin - $ 950.00
d.
4-yard Bin - $1,250.00
e.
6-yard Bin - $1,500.00
f.
8-yard Bin - $1,850.00
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V.
UTILITY ACCOUNT PROVISIONS
1.
Utility Account Deposits shall be required for any utility accounts set up in the
Tenant's name and prior to April 30, 2018 where all new utility accounts are
required to be set up in the Landowner's name. Utility Account Deposits shall be
charged according to the classification of the Consumer account, as listed:
(a)
Residential Single-Family Dwelling
$200.00
Duplex/Triplex
$300.00
Commercial
$250.00
Commercial - High Volume - 1" or more meter size
$600.00
Restaurant
$350.00
Apartments 4 suites to 11 suites
$400.00
Apartments 12 suites and more
$800.00
Carwash
$800.00
Hotel/Motel
$1,000.00
(b)
After April 30, 2018 all new utility accounts shall be set up in the legal
name of the Owner(s) registered on the property title as per Alberta Land
Titles. Tenants shall not be permitted to set up utility accounts solely in
their own name.
(c)
Utility Services will not be established for an Owner who has an overdue
or outstanding account of any nature with the Town until the account is
paid in full.
(d)
After April 30, 2018 in all cases the Owner shall be liable for the cost of
Utility Services supplied to a property, regardless of whether the Property
is occupied by the Owner or a Tenant, and all invoices issued by the Town
shall be sent to the Owner.
(e)
Utility Account Deposits currently on file, of Owner named accounts, will
be refunded as a credit applied to their utility account.
(f)
Utility Account Deposits on existing tenant accounts will be refunded on
their final bill when the utility account has been discontinued or closed for
any reason.
(g)
All current residential, commercial or industrial utility accounts in the
name of the Tenant shall be transitioned to the Owner after April 30, 2018.
However, to allow for this transition, a Tenant whose account is in good
standing may continue to receive utility services until such time as the
Tenant closes the account, or the Tenant fails to maintain good standing
on the account (account is in arrears for more than 30 days), or the utility
services are discontinued for any reason.
(h)
Should services for utility accounts in the Tenants name result in a utility
service disconnection, there will be a 48 hr waiting period from the time
of disconnection, for the tenant to clear the outstanding balance to resume
their services. Once the 48 hr waiting period has passed, and if any
outstanding balance is still owing, the Tenant utility account will be
closed. The owner will then be contacted to get approval to resume
services, and the utility account will then be set up in Landowners name.
2.
Maintenance of the Utility System
(a)
The Town, pursuant to the provisions of the Municipal Government Act,
has the right to enter onto land to construct, maintain, repair and/or restore
utility services. Further, the costs of doing such work will be at the
property Owners expense, and will be a condition of supplying service.
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(b)
Where the Town decides to exercise its rights under V.2 (a), Council
hereby authorizes Administration to prepare and enter into agreement for
payment of costs. Such agreements shall:
i.
provide for the principal and interest to be added to the tax
roll.
ii.
that the Municipality will forego tax recovery proceedings
and penalties on the outstanding amount, providing that the
Owner complies with the payment schedule.
(c) i.
The service connection includes parts or works such as pipes, wires,
couplings, curb cocks, meters and other apparatus that connect to the water
main or sanitary sewer main.
ii. Service connections located within the property boundaries of a property
are owned by the Owner and the Owner shall be responsible for the
construction, maintenance and repair of that portion of the service
connection.
iii. The Town shall, at all times, remain the Owner of that portion of the
service connection between the Town's water main or sanitary sewer
main, and the Owner's property line, or the valve or connection point near
the property line, whichever is applicable, notwithstanding that the
Town's portion of the service connection may have been constructed by,
or its construction funded by, some person other than the Town.
iv. Owners of property are responsible for the construction, installation and
repairs of the service connection on their property to the valve or
connection point, within or closest to their property line.
v. As a condition of receiving utility service from the Town, the Owner shall
maintain, in a state of good repair, free from leakage, infiltration and/or
other forms of loss, with sufficient protection from freezing, all parts of
the service connection to the satisfaction of the Town, through which
wastewater is conveyed from outlets or fixtures located on or within the
property to the sanitary sewer main or which the supply of water is
conveyed from the Town's water system to water supply outlets or fixtures
located on or within the property, as the case may be. Owners are required
to adequately maintain their sanitary sewer service connections, to keep
the sanitary sewer service connections clear from tree roots, grease, oil,
mud, rags and other debris that may cause blockages or plugs in the line
connected to the Town's sanitary sewer main.
3.
Utility Service accounts rendered shall be due and payable on or before the last
day of the month following the month in which the invoice was issued.
4.
Accounts unpaid after the last day of the following month in which account is
rendered shall be subject to a 2.5% penalty.
5.
Owners will be notified if their account is in arrears and if these arrears are not
paid by the specified time, the Utility services may be discontinued.
6.
If the utility account remains unpaid, after the services have been discontinued, by
the following billing cycle, the property owner has 60 days until the amount owing
is transferred as an amount added to their property tax roll, whereby it will be
deemed taxes and collected as such in accordance with the Municipal Government
Act.
7.
Where the Consumer desires to have their water turned off for a period of time, a
charge of $30.00 shall be paid to the Town at the time of the request and a further
charge of $30.00 shall be paid when requesting reconnection. This will not apply
where water is to be turned off for 6 months or longer.
(a)
Should the Consumers desired time for water turn off or reconnection be
outside the Town's regular working hours, there will be a charge of
$100.00 for each water turn off or reconnection.
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8.
Enforcement and Collection:
(a) In case of default in payment of the rates and penalties herein provided, the
Town may enforce such payment by any and all legal means including turning
off the utility service being supplied to the Consumer and/or discontinuing the
service thereof.
(b) If utility service is discontinued due to default in payment, it is prohibited for
the Consumer to connect to a neighbouring property to access water.
(c) Should the utility being supplied and/or the service be discontinued a
reconnection fee of $60.00 will be paid by the Consumer along with all
outstanding charges and penalties. The reconnection will take place during
regular working hours.
(d) When the Consumer is the Owner of the building or lands, the sum payable for
the public utility service including all rates, costs, and charges imposed are a
preferential lien and charge on the building or lands and may be levied and
collected in like manner as municipal rates and taxes are recoverable.
(e) As per the Municipal Government Act 42(1), the charges for a municipal
service provided to a parcel of land are an amount owing to the municipality
by the owner of the land.
(f) When the Consumer to whom the public utility service has been supplied is a
person other than the Owner, the sum payable by the Consumer is a debt owed
by them and is a preferential lien and charge on their personal property and
may be levied and collected with costs by distress.
(g) Utility services will not be established by the Town for a Consumer or Owner
who has an overdue or outstanding account of any nature with the Town, until
such time as the account is paid in full or payment arrangements have been
established and maintained as agreed to. Should the payment schedule not be
adhered to, the Town maintains the right to discontinue the utility services.
9.
Unauthorized Water Usage
(a) The Town may, upon finding an unauthorized use of water, including
tampering with a Water Meter, Service Connection or any part of the same,
take corrective measures to repair or remedy the unauthorized use.
(b) Any person found to be in contravention of this bylaw, with respect to
unauthorized water usage, shall be liable for all charges for water consumption
in accordance with the rates established by this bylaw, together with any
additional costs arising from corrective measures or required repairs.
10.
Any person who contravenes any provision of this Bylaw is guilty of an offense,
and liable upon summary conviction to imprisonment for a term of not more than
three (3) months or to a fine as specified in Schedule A, or to both fine and
imprisonment. Any fines shall be added to the person's Utility Account.
11.
Utility and Bulk Water Account Deposits shall be applied to the final bill when the
Consumer requests the discontinuation of Utility Service. Any credit balance left
remaining on the account shall be refunded to the Consumer.
12.
The Town shall not be liable for loss of business arising from the discontinuing
water service, whether the shut off was due to an emergency or non-emergency
reason.
VI.
EMERGENCY MANAGEMENT PROVISIONS
1.
In the event where there has been a Declared Disaster or a Significant Local
Event that impacts the Town of Barrhead as a whole, the CAO or designate will
have the authority to make changes to the entire billing cycle, effecting all
account holders to implement any or all of the following:
a. Extend the billing due date of the affected billing cycle
b. Waive or adjust penalties on any billing arrears during the event
c. Create a deferral payment program for account holders
d. Change disconnection procedures for all dates and accounts in arrears
e. Advise Council of all changes implemented by the CAO or designate
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VII.
APPEAL
1.
A person who uses, receives or pays for a municipal utility service may appeal a
service charge or rate made in respect of it to the Alberta Utilities Commission,
but may not challenge the public utility rate structure itself.
2.
If the Alberta Utilities Commission is satisfied that the person's service charge or
rate
a. does not conform to the public utility rate structure established by the
municipality,
b. has been improperly imposed, or
c. is discriminatory,
the Commission may order the charge or rate to be wholly or partly varied,
adjusted or disallowed.
VIII.
GENERAL PROVISIONS
1.
These rates shall be effective January 1, 2026 and shall continue in force from year
to year until altered by Resolution of Council.
2.
Council may from time to time, adopt schedules regarding any aspect of utility
service by resolution. Those schedules once adopted shall be attached to, and form
part of this Bylaw.
3.
It is the intention of Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions herein, and it is further the intention of
Council that if any provisions of this Bylaw be declared invalid, all other
provisions thereof shall remain valid and enforceable.
4.
Bylaw 09-2024 is hereby rescinded.
Read a first time this 9 day of December , A.D., 2025.
TOWN OF BARRHEAD
Mayor, Ty Assaf
CAO, Collin Steffes
Read a second time this 9 day of December , A.D., 2025.
TOWN OF BARRHEAD
Mayor, Ty Assaf
CAO, Collin Steffes
Read a third time this 9 day of December , A.D., 2025 and
passed.
TOWN OF BARRHEAD
Mayor, Ty Assaf
CAO, Collin Steffes
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SCHEDULE A
VIOLATION PENALTIES
Water System Offences:
Item Description
Relevant Section of Bylaw
Penalty Amount
Water Ration Not Adhered to
II-6
$100.00 First Offence
$200.00 Second Offence
$400.00 Subsequent Offences
Connection to Neighbouring
Property to Access Water
V-8
$250.00 First Offence
$500.00 Subsequent Offences
Unauthorized Use of Water
V-9
$250.00 First Offence
$500.00 Subsequent Offences
Failure to Install an Approved
Backflow Preventer
II-9
$500.00 First Offence
$2,000.00 Subsequent Offences
Contamination of the Water
Supply System
II-9
$10,000.00
Wastewater System Offences:
Item Description
Relevant Section of Bylaw
Penalty Amount
Failure to Install an Approved
Wastewater Interceptor
III-3
$500.00 First Offence
$2,000.00 Second Offence
Discharge of Prohibited
Substance into Wastewater
System
III-3
$5,000.00
Usage of emulsifiers, enzymes,
bacteria, solvents, hot water or
any other agent to facilitate the
passage
of
any
harmful
substance
into
the
Town
wastewater system.
III-3
$500.00 First Offence
$2,000 Subsequent Offences
Other Offences
Item Description
Relevant Section of Bylaw
Penalty Amount
Any Offence as Outlined in This
Bylaw Other Than Any Item
Specified Above
At the Discretion of CAO, Not
To Exceed $1,000.00
Above fines shall be added to the Owners' Utility Account and collected in accordance with Section V-6
of this Bylaw.