BYLAW 2012 WATER UTILITIES

Fort Macleod, Alberta

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 7b517a321909 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

<!-- image --> | Title: Water Utilities Services Bylaw Number: Bylaw 2012 | Title: Water Utilities Services Bylaw Number: Bylaw 2012 | Fort Macleod | |------------------------------------------------------------|------------------------------------------------------------|----------------| | Administered by: | Director of Operations Approval | 2026.01.12 | | Approved by: | Chief Administrative Officer Date: Effective Date: | 2026.01.01 | ## Contents | 1 Title, Definitions and Interpretation. | 1 Title, Definitions and Interpretation. | ..3 | |----------------------------------------------|--------------------------------------------------------------|-------| | 1.1 | Short Title.. | 3 | | 1.2 | Definitions... | 3 | | 1.3 | Rules of Interpretation | 5 | | 2 Administration of Utility and Collections. | 2 Administration of Utility and Collections. | ...6 | | 2.1 | Application for Utility Service.. | 6 | | 2.2 | Application Fees. | 7 | | 2.3 | Temporary Water Shut Off or Termination of Service. | ...7 | | 2.4 | Service Disconnection and/or Demolition | | | 2.5 | Service Charges. | | | 3 Payment of Utility Accounts | 3 Payment of Utility Accounts | 9 | | 3.1 | Administration of Rates | ...9 | | 3.2 | Rates and Charges Payable | ...9 | | 3.3 | Interim Accounts | 10 | | 3.4 | Appeals/Errors.. | ...11 | | 3.5 | No Meter Installed | ..11 | | 4 | General Water Utility Provisions. | 11 | | 4.1 | Authority | .. 11 | | 4.2 | Responsibility | 12 | | 4.3 | Administration of Water Supply... | 12 | | 4.4 | Wells and Other Sources of Water Supply | 13 | | 4.5 | Seasonal Water Restrictions and Prohibitions | 13 | | 4.6 | Restriction on Town Facilities... | 14 | | 4.7 | Wastage | 15 | | 4.8 | Investigation into Water Service Failure | 15 | | 4.9 | Noises and Pressure Surges.. | 15 | | 5 Service Connections | 5 Service Connections | 15 | | 5.1 | Ownership of Service Connections.. | 16 | | 5.2 | Repair and Maintenance Responsibility of Service Connections | 16 | | 5.3 | Application for Service Connection... | 16 | | 5.4 | Quantity, Size and Depth of Services | 17 | | 5.5 | Tapping into Water Main | 17 | | 5.6 | Mandatory Connection to Water Main | 17 | | 5.7 | Fire Protection Service | 18 | | 5.8 | Temporary Water Service.. | 18 | | 5.9 | Thawing a Service | 19 | | 5.10 | Water Hydrants and Valves.. | 19 | | 5.11 | Boilers. | ..20 | | 5.12 | Requested Water Shut Off and Turn On | .20 | | 6 Water Meters ...20 | 6 Water Meters ...20 | 6 Water Meters ...20 | |--------------------------------------------------------|--------------------------------------------------------|---------------------------| | 6.1 | Water Meter Installation | ...20 | | 6.2 Subsidiary Meter. | 6.2 Subsidiary Meter. | 21 | | 6.3 Meter Chamber.. | 6.3 Meter Chamber.. | ..21 | | 6.4 Meter Size | 6.4 Meter Size | 21 | | 6.5 Bypasses | 6.5 Bypasses | ..21 | | 6.6 Meter Reading. | 6.6 Meter Reading. | 21 | | 6.7 Protection of Meter and Remote Reading Receptacle. | 6.7 Protection of Meter and Remote Reading Receptacle. | 22 | | 6.8 After Hours Service Calls. | 6.8 After Hours Service Calls. | ...22 | | 6.9 Testing or Calibration on Disputed Meter Reading | 6.9 Testing or Calibration on Disputed Meter Reading | 22 | | 6.10 Additional Meter Reading | 6.10 Additional Meter Reading | ..23 | | 7 | Fines and Penalties ...23 | Fines and Penalties ...23 | | 7.1 | Offences and Penalties | 23 | | 7.2 | Vicarious Liability.... | ...23 | | 7.3 | Corporations and Partnerships... | 23 | | 7.4 | Municipal Tag | 24 | | 7.5 | Payment in Lieu of Prosecution.. | ...24 | | 7.6 | Violation Ticket | 24 | | 8 | Transitional 25 | Transitional 25 | | 8.1 | Enactment 25 | Enactment 25 | | | Schedule "A" ..26 | Schedule "A" ..26 | | 10 | Schedule "B | ...28 | | 11 | Glossary.. ..29 | Glossary.. ..29 | ## TOWN OF FORT MACLEOD ## PROVINCE OF ALBERTA BYLAW NO. 2012 ## WATER UTILITY SERVICES BYLAW ## BEING A BYLAW OF THE TOWN OF FORT MACLEOD, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING THE WATER UTILITY WHEREAS, the Municipal Government Act, being Chapter M-26, R.S.A. 2000 and amendments thereto, permits the municipality to pass Bylaws regarding public utilities. AND WHEREAS, the Council of the Town of Fort Macleod wishes to establish regulations, rates and penalties for Water Utility Services. NOW THEREFORE, the Council of the Town of Fort MacLeod, duly assembled, enacts as follows: ## 1 Title, Definitions and Interpretation ## 1.1 Short Title This Bylaw shall be cited as the "Water Utility Services Bylaw". ## 1.2 Definitions In this Bylaw: - 1.2.1 ARREARS means any Past Due amount that continues to be unpaid after two (2) billing cycles ("overdue" column) on the Utility account balance. - 1.2.2 APPLICATION means the application made by the Consumer to the Town for the supply of Utility Services. - 1.2.3 APPLICATION FEE means a Fee charged to Consumers who apply for Utility Services, as per Schedule "A". - 1.2.4 CHIEF ADMINISTRATIVE OFFICER means the Town Chief Administrative Officer (CAO) as appointed by Town Council and includes any person authorized by him/her or the Town to act for or carry out the duties of the Chief Administrative Officer to the extent that authorization is given. - 1.2.5 COMBINED SERVICE means the Service used or intended to be used to supply water for fire protection as well as water for purposes other than fire protection. - 1.2.6 COMMERCIAL means properties used or intended to be used for business purposes, including but not limited to office, wholesale, retail, service, hotel, motel, and storage. - 1.2.7 CONSUMER means any person who has entered a contract with the Town for the provision of Utility Services. - 1.2.8 COUNCIL means the Council of the Town elected pursuant to the provision of the Local Authorities Elections Act. - 1.2.9 CURB STOP means the Service valve on the Town's water Service. - 1.2.10 ENFORCEMENT OFFICER means a Community Peace Officer, Bylaw Enforcement Officer, RCMP Officer or an inspector appointed by and employed by the Town with respect to the enforcement of Bylaws of the Town of Fort Macleod. - 1.2.11 FIRE LINE means a pipe intended solely for the purpose of providing a supply of water for fire protection purpose. - 1.2.12 INDUSTRIAL means properties used or intended to be used for industrial purposes, including but not limited to manufacturing and production. - 1.2.13 INSTITUTIONAL means a use by or for an organization or society for public and social purposes, including but not limited to health centre, school, and lodges. - 1.2.14 MUNICIPAL GOVERNMENT ACT (MGA) means the Municipal Government Act, Chapter M-26 R.S.A. 2000 and amendments thereto. - 1.2.15 MUNICIPAL PROPERTY means any property owned by the Town of Fort Macleod. - 1.2.16 MUNICIPAL TAG means a tag or similar document issued by the Town pursuant to the Municipal Government Act that alleges a bylaw offence and provides a Person with the opportunity to pay an amount to the Town in lieu of prosecution for the offence. - 1.2.17 NON-RESIDENTIAL means all properties who use a Utility Service for any purpose other than exclusively Residential purposes. - 1.2.18 OUT OF TOWN means properties connected to the Water Utility which are situated outside the Town of Fort Macleod corporate limits. - 1.2.19 OWNER means the registered owner of a property or the purchaser thereof. - 1.2.20 PAST DUE means any amount owing for utilities that remains unpaid after that month's bill due date. - 1.2.21 PERSON includes any individual, partnership, firm, corporation, municipality, association, society, political or other group, and the heirs, executors, administrators, or other legal representatives of a person to whom the context can apply according to law. - 1.2.22 PLUMBING CODE means the National Plumbing Code of Canada 2020 and amendments thereto or replacements thereof. - 1.2.23 PRIVATE SERVICE means that portion of a pipe used or intended to be used for the supply of water, which extends from the Curb Stop to a meter. - 1.2.24 REMOTE READING DEVICE means a device which is connected to a water meter by the Town and provides a duplicate reading of the water consumed, which may be monitored from the exterior of a building. - 1.2.25 RESIDENTIAL means properties used primarily for domestic purposes that contain, or are designed or intended to contain, one or more dwelling units, but does not include a campground, hotel, lodge, or bed and breakfast. - 1.2.26 SERVICE means a pipe used or intended to be used for supplying water, which extends from the Water Main to a meter. - 1.2.27 SERVICE CONNECTIONS means the part of the system or works of a public Utility that runs from the main lines of the public Utility to a building or other place on a parcel of land for the purpose of providing the Utility Service to the parcel and includes those parts of the system or works described in the Municipal Government Act. - 1.2.28 SHUT OFF means an interruption in, or discontinuance of, the supply of water. - 1.2.29 SPRINKLING means the distribution of water to the surface or sub-surface of lawns, gardens, streets or other areas situated outside the buildings by pipes, hoses, sprinklers or any other method and includes the washing of motor vehicles and the exterior of buildings. - 1.2.30 TENANT means the Person and/or group renting the property from the Owner. - 1.2.31 TOWN means the Town of Fort Macleod. - 1.2.32 TOWN SERVICE means that portion of a pipe used or intended to be used for the supply of water which extends from the Water Main to the Curb Stop. - 1.2.33 TURN ON means the continuation of the supply of water. - 1.2.34 UTILITY or UTILITY SERVICE shall mean and include, as the context may require, the supply of water. - 1.2.35 WATERING means the application or use of water for the purposes of applying water to lawns or gardens where the water is supplied by the Town of Fort Macleod. - 1.2.36 WATER MAIN means those pipes installed by the Town in streets for the conveyance of water throughout the Town to which Service pipes may be connected. - 1.2.37 WATER RESTRICTION means any condition where the CAO or their designate issues a restriction or ban on Watering activities within the Town of Fort Macleod limits, as well as authorized Out of Town users. - 1.2.38 WATER UTILITY means the water works system owned and operated by the Town and all accessories and appurtenances thereto. - 1.2.39 VIOLATION TICKET has the same meaning as in the Provincial Offences Procedure Act. ## 1.3 Rules of Interpretation - 1.3.1 Nothing in this Bylaw relieves a Person from complying with any provision of any Provincial or Federal legislation or regulation, other bylaw or any requirement of any lawful permit, order or licence. - 1.3.2 The headings in this Bylaw are for guidance purposes and convenience only. - 1.3.3 Every provision in this Bylaw is independent of all other provisions, and if any provision of this Bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable. - 1.3.4 Any reference to the provisions of a statute of Alberta is a reference to that statute as amended, from time to time. ## 2 Administration of Utility and Collections ## 2.1 Application for Utility Service - 2.1.1 The Utility Service shall be under the general supervision and control of the Town CAO. - 2.1.2 The CAO or designate shall exercise the powers and perform the duties with respect to the Utility Services conferred and placed upon them by this and any other Bylaw of the Town applicable thereto and any order or direction the Town CAO or Council with respect thereto. - 2.1.3 Any Person who requires any Utility Services shall apply to the Town Office on a form provided by the Town, such form may be changed from time to time by the CAO or designate. Accounts may not be changed or transferred under circumstances other than those described below and pay a non-refundable Application Fee as per Schedule "A". - 2.1.4 Failure by a property owner to submit a Utility Application to the Town Office a minimum of 15 days prior to occupation on the property shall be considered a contravention of this Bylaw. The Town reserves the right to Shut Off Service to the property until such time that an Application is submitted, and a Utility account is setup. - 2.1.5 An Application shall be supported by such identification and legal authority of the Applicant as the CAO or designate may require. - 2.1.6 The Utility account shall be set up in the name of the property Owner as per Land Titles notification. Any Owner desiring to have a copy of the Town Utility billing forwarded to a Tenant at a Tenant's mailing address may direct the Town to do so by making an Application at the Town Office on the printed forms provided by the Town. The Application must be signed by both the property Owner and the Tenant. The property Owner is ultimately responsible for any outstanding charges, Arrears, and penalties from Utility billings. - 2.1.7 The CAO or designate may enforce payment of all accounts rendered by whatever means he/she considers appropriate in accordance with the Municipal Government Act. This includes transferring amounts owing to the tax roll. - 2.1.8 The Owner is responsible to ensure the payment is received in the Town's bank account by the due date. Owners must consider the bank's timing to process a payment. If a payment is received after the due date the responsibility for the late payment falls to the Owner. Allowance for bank processing time of electronic funds transfer (EFT) is the responsibility of the property Owner. - 2.1.9 Upon making Application, providing all information required by the Town, and paying the Application Fee and any other sums herein required, there shall thereupon be a binding agreement between the Consumer and the Town, for the Utility Service applied for, and the provisions of the Application and this Bylaw shall constitute the terms and conditions of such agreement. - 2.1.10 No provision, agreement, term, condition, or representation not contained in an Application for Utility Service or in this Bylaw shall form any part of the contract between the Town and a Consumer for Utility Service. - 2.1.11 The Town shall not be obligated to provide Utility Services until access has been provided to the premises (if necessary) to enable the Town to obtain an initial meter reading for each Utility Service which is metered and attach associated remote reading device. - 2.1.12 Where the Applicant is indebted to the Town for any Utility Services previously provided, the Town may refuse to provide any Utility Services until such amount is paid in full or until arrangements for payment are made satisfactory to the CAO or designate. - 2.1.13 The contract for Utility Service is not transferable and shall remain in full force and effect until the Consumer notifies the Town Utility Clerk in writing prior to the termination or transfer date, of their desire to terminate the contract or until the said contract shall have been terminated by the Town. - 2.1.14 The Town does not guarantee the continuous uninterrupted supply of any Utility, and the Town, its officers, employees or agents shall not be liable for any damages of any kind due to or arising out of a failure to supply a Utility. - 2.1.15 All Schedules attached and form part of this Bylaw may be amended the same way the Bylaw was implemented. ## 2.2 Application Fees - 2.2.1 Every Consumer shall at the time of Application for a new Utility Service, pay an Application Fee as per Schedule "A". ## 2.3 Temporary Water Shut Off or Termination of Service - 2.3.1 When the premises to which Utility Service is provided becomes vacant and no new Application for Service has been made the Owner shall continue to be responsible for the monthly flat charge and any consumption charges as indicated in Schedule "A". - 2.3.2 A Tenant or Owner may request a temporary Shut Off of a Service in which case the Tenant or Owner shall be responsible for the monthly flat charge as indicated in Schedule "A". If there is any consumption over and above the flat charge during this temporary discontinuance, the Owner shall be responsible for its payment. If upon investigation, the Town determines that the Service was turned on by someone other than the Town, or their representative, the Owner shall be responsible for the penalty indicated in Schedule "B". - 2.3.3 The Town may discontinue the supply of all Utility Service for any of the following reasons: - 2.3.3.1 Non-payment of any Utility accounts, or inability of the Town to obtain access to a Residential premise to read, repair or replace any meter for a period of one month, or to a Non-Residential premise to read, repair or replace any meter for a period of one month, or - 2.3.3.2 Failure by, or refusal of a Consumer to comply with any provision of this Bylaw, or - 2.3.3.3 Failure by, or refusal of, a Consumer to comply with any provisions of any Provincial Acts, the Plumbing Code, or any regulations thereunder, or - 2.3.3.4 In any other case provided for in this Bylaw. - 2.3.4 And in such event the Town, its officers, employees or agents shall not be liable for any damages of any kind from such discontinuance of Service. ## 2.4 Service Disconnection and/or Demolition - 2.4.1 No person shall cause, permit, or allow the demolition or removal of a building connected to a Utility Service line or main until the Utility Service has been properly disconnected and the required disconnection fee has been paid to the Town. This fee is equal to the 'Request Water Service Turn Off or Turn On" fee listed in Schedule A of this Bylaw. The disconnection includes all associated costs, including those related to the meter and any appurtenances. Notwithstanding the above, the CAO or their designate may, under circumstances they deem appropriate, permit the Utility Service to remain connected. - 2.4.2 A demolition request shall be submitted to the Town through a formal Application submitted by the Person. Requests for a permit for demolition or removal of a building shall be given a minimum of twenty (20) working days prior to commencement of said work. Proper capping of the water service is required before demolition or removal can proceed. An inspection of the water service capping must be completed and approved by the Town to this point. - 2.4.3 The Person shall be responsible for returning the water meter, remote reading device, and leak sensor (as applicable), and coordination of a final read of the meter. Failure to return the water meter and/or leak sensor prior to demolition shall result in the Person being charged for replacement, as per the fees outlined in Schedule "A". ## 2.5 Service Charges ## 2.5.1 Shut Off or Turn On - 2.5.1.1 A Consumer shall pay a Shut Off service charge as per Schedule "A", which may be added to his account for any Service call which is made for the purpose of shutting off a Utility Service, pursuant to section 2.3 of this Bylaw. - 2.5.1.2 A Consumer shall pay a Turn On service charge as per Schedule "A", which may be added to his account for any Service call which is made for the purpose of turning on a Utility Service, pursuant to section 2.3 of this Bylaw. ## 2.5.2 Service Call - 2.5.2.1 When a Consumer requests that a Town employee attend at his premises with respect to any matter relating to the supply of Utility Services or the servicing of the same, and for any reason whatsoever the Town employee is unable to enter the said premises, or if the call is for failure of the Service not attributable to the Town Utility Service, the Consumer shall pay a fee as per Schedule "A". ## 3 Payment of Utility Accounts ## 3.1 Administration of Rates - 3.1.1 The Town hereby levies, and the Consumer shall pay, for all water supplied or services rendered hereunder the amounts and charges provided for in this Bylaw and in Schedule "A" attached to and forming part of this Bylaw as amended from time to time. - 3.1.2 The CAO or designate shall determine which rate contained in Schedule "A" shall apply to any particular Consumer. - 3.1.3 The rate payable by a Consumer as set out in Schedule "A" of this Bylaw for all water supplied shall be determined based on the monthly consumption reading of the meter supplied to each Consumer. - 3.1.4 Where a Remote Reading Device is installed in addition to the water meter, the meter shall be the official reading. ## 3.2 Rates and Charges Payable - 3.2.1 All rates and charges payable hereunder shall be paid to the Town within the time prescribed by this Bylaw. The CAO or designate shall administer Utility account payments as follows: - 3.2.1.1 The Town shall issue a monthly bill to the Owner and Tenant. The Owner is the Customer on the Utility account and is ultimately responsible for all charges. - 3.2.1.2 The full amount owing shown on the Utility bill is due on the billing due date shown on the bill. - 3.2.1.3 Any unpaid portion of the Utility bill shall be charged interest at the rate listed in Schedule "A". - 3.2.1.4 Penalties shall be applied to any unpaid portion of the Utility bill that is Past Due or in Arrears after the payment due date and shall be shown on the next month's Utility bill. - 3.2.1.5 For accounts in Arrears, the Utility Clerk shall send a letter to the property Owner and Tenant indicting that the account is in Arrears and if not brought up to current within a ten (10) business day deadline, that the Arrears shall be moved to the property tax roll. - 3.2.1.6 If the payment is not received for the Arrears (non-current portion), or no acceptable payment arrangements are made with the Utility Clerk, then the total Arrears shall be moved to the property tax roll associated with the property - 3.2.2 At the discretion of the CAO or designate, flat water rate charge exemptions shall be granted contingent that a property meets any one of the following criteria: - 3.2.2.1 The property has no Municipal Watermain in proximity in order to facilitate a connection. See 5.6.2. - 3.2.2.2 The property has been approved to draw water from a well by the approved Alberta Provincial regulatory agencies and has submitted documentation of such approvals, as approved by the Town. - 3.2.2.3 Building is under construction and shall be billed the construction flat rate as per Schedule "A". - 3.2.2.4 There is no structure on the property to facilitate a connection. As confirmed by the CAO or designate. - 3.2.2.5 The property does not have an occupancy permit due to construction or renovation as determined by the Town's Safety Codes Officer, via formal written notice to the CAO or designate. - 3.2.2.6 The Owner has a valid demolition permit. Should the demolition not be completed by the deadline outlined in the permit, the Owner shall be back-invoiced for all past flat Utility charges in full and with compounded interest applied at the prevailing current rate. - 3.2.3 The entire Utility account is due and payable when rendered and if not paid by the penalty date stated on the Utility bill is deemed to be in Arrears. Failure to receive a Utility bill does not relieve the Consumer of liability. - 3.2.4 A Consumer who has not paid the full Utility account rendered on or before the penalty date stated in the Utility account, as outlined in subsection 3.2.1, may have the supply of all or any Utility Services discontinued with forty-eight (48) hours-notice. The Town reserves the right to disconnect Utility Services to any Consumer whose Utility account falls into Arrears if the Utility Account remains unpaid after 10 days of being notified of such Arrears by letter. The Utility Service shall not be reinstated until all Arrears and charges owed to the Town are paid. ## 3.3 Interim Accounts - 3.3.1 In any case in which the Town has rendered an account based upon an estimate of Utility consumption, the Town shall, upon reading the meter in respect of which the estimate was made, render an account for such Utility Service since the time the meter was last read by the Town, after crediting all amounts received from the Consumer in respect of such estimated accounts. - 3.3.2 Where any Service rate or charge is designated by reference to a certain time, the charge for a lesser period of time shall be calculated on a proportionate basis. - 3.3.3 The CAO or designate may enforce payment of all accounts rendered hereunder by whatever means he/she considers appropriate in accordance with the Municipal Government Act (including transferring amounts owing to the tax roll). ## 3.4 Appeals/Errors - 3.4.1 Notwithstanding any other provision of this Bylaw hereof, any Consumer who feels aggrieved in respect to the rate class a Consumer is placed under within Schedule "A" may, by notice in writing delivered to the CAO, specifying the grounds of the complaint. Such appeal shall in the first instance be heard and determined by the CAO. Provided that if such Consumer is not satisfied with such determination they may, by notice in writing to be delivered to the Town CAO within 30 days of the date of such determination, further appeal the matter to Council. - 3.4.2 In the event an error has occurred in the Utility billing: - 3.4.2.1 And the Town is responsible, the account shall be adjusted: - For three (3) billing periods plus the current billing period (if the amounts are owing to the Town). - For a reasonable number of periods, not limited to the current year, as determined by the CAO (if the amounts are owing to the customer). ## 3.5 No Meter Installed - 3.5.1 All facilities/buildings/properties must have a water meter installed unless approved in writing by the CAO or designate. If a Consumer's facility/building/property is proven not to have a water meter, when one is required per the CAO or designate, they shall have 30 days to contact the Town for the supply of a meter and proceed with installation along with a Remote Reading Device; at their own cost (this includes paying the refundable water meter deposit per Schedule "A"). If the water meter and Remote Reading Device are not installed within 30 days of written notification, the Consumer shall pay the monthly water rate for unmetered Services per Schedule "A". ## 4 General Water Utility Provisions ## 4.1 Authority - 4.1.1 The Town has the power and authority to do all things necessary for the general maintenance, management and operation of the Waterworks System. - 4.1.2 The CAO or designate shall be the designated officer in respect of this Bylaw. - 4.1.3 The CAO or designate is authorized to: - 4.1.3.1 Carry out the administration, control, care and management of the Water Utility, - 4.1.3.2 Enter into contracts on behalf of the Town in respect of the Water Utility, - 4.1.3.3 Enter onto land and structures to carry out inspections, remedies, enforcement or other actions with respect to this Bylaw in accordance with the Municipal Government Act and - 4.1.3.4 Delegate any or all powers of the CAO or designate to employees of the Town (or their designate). ## 4.2 Responsibility - 4.2.1 The Town, having constructed or caused to be constructed, operated and maintained the Water Utility, shall supply potable water in accordance with this Bylaw and the Municipal Government Act. - 4.2.2 The Town may supply potable water for Residential, Non-Residential, and firefighting purposes to any Premises. ## 4.3 Administration of Water Supply - 4.3.1 The CAO or designate or his designated representative may Shut Off water for any Consumer or Consumers for any reason which, in the opinion of the CAO or designate, necessitates such shutting off, provided that the CAO or designate shall, if in his opinion it is reasonably practicable to do so, give notice of such shutting off. - 4.3.2 The Town does not guarantee the pressure nor the continuous supply of water and the Town reserves the right at any and all times without notice to change operating water pressures and to Shut Off water and the Town, its officers, employees, or agents shall not be liable for any damages of any kind due to changes in water pressure, the shutting off of water, or by reason of the water containing sediments, deposits or other foreign matter. - 4.3.3 Consumers depending upon a continuous and uninterrupted supply or pressure of water or having processes or equipment that require particularly clear or pure water shall provide such facilities, as they consider necessary to ensure a continuous and uninterrupted supply, pressure or quality of water required for their use. - 4.3.4 The Town may, as a condition to the supply of water inspect the premises of a Consumer who applies to the Town for such supply in order to determine if it is advisable to supply water to such Consumer. - 4.3.5 The Town may, with the permission of the Consumer, inspect the premises of the Consumer in order to do any tests on water piping or fixtures belonging to such Consumer so as to determine if this Bylaw is being complied with and in the event that such Consumer fails or refuses to give such permission, the supply of water to that Consumer may be Shut Off. - 4.3.6 The CAO or designate may at such times and for such lengths of time as considered necessary or advisable regulate, restrict, or prohibit the use of water for use other than human consumption. The CAO or designate may cause the water supply to any Consumer who causes, permits or allows Sprinkling in contravention of any such regulation, restriction or prohibition to be Shut Off until such Consumer undertakes to abide by and comply with such regulation, restriction or prohibition. - 4.3.7 No Person shall willfully or maliciously hinder the municipality in the exercise of authorities relating to the administration of the Water Utility authorized by this Bylaw or the Municipal Government Act and amendments thereto. - 4.3.8 No connection to the water supply shall be permitted for properties outside of Town limits, except those currently connected to the Town's water system under an existing Agreement or otherwise approved, at the discretion of the CAO or designate. The Town reserves the right to disconnect any unauthorized connection to the Water Utility, with notice as deemed appropriate by the CAO or designate. ## 4.4 Wells and Other Sources of Water Supply - 4.4.1 Should mandatory connection to the Water Main not be feasible as per section 5.6, the Town may permit a well or other source of water, at the discretion of the CAO or designate. All wells or other sources of water approved by the CAO or designate shall provide proof of License from Alberta Environment. The Owner shall submit an Application to the Town, accompanied with the fee in accordance with Schedule "A". - 4.4.2 This water source shall not, in any way, be connected to the Water Utility system provided by the Town. - 4.4.3 Any such approval referred to in subsection 4.4.1 above may be withdrawn by order of the Town at any time, with a minimum ninety (90) days' notice, should the water source be deemed hazardous to the Town's Water Utility of public health, at the discretion of the CAO or designate. No Person shall use a well or other source of water supply after permission for use of it has been withdrawn. - 4.4.4 Should the Town withdraw approval for the well or other source of water, the Owner shall be responsible for all costs related to the removal or abatement of the facility. - 4.4.5 No permission granted under this section, shall give or be construed to give the holder of such permission the right to sell or distribute water within the Town of Fort Macleod. - 4.4.6 Requests for cisterns or holding tanks shall be considered on an individual basis upon written request to the Town. - 4.4.7 If a water main is added in the future that makes connection feasible (as per section 5.6), the landowner is then required to connect to the water main. ## 4.5 Seasonal Water Restrictions and Prohibitions - 4.5.1 During those months where outdoor Watering is viable, Watering of properties shall be restricted as follows: - 4.5.1.1 Watering of lawns or gardens shall occur on odd and even days in accordance with the last number in the street address. Odd numbered days would be those ending is 1-3-57-9 and even numbered days would be those ending in 2-4-6-8-0. All Owners may water on the 31st of the month. - 4.5.1.2 Watering is not permitted between the hours of 10:00 and 16:00, to limit water loss due to evaporation during these hours. - 4.5.1.3 Exemptions to the restrictions as outlined in subsection 4.5.1 (4.5.1.1 and 4.5.1.2) are applicable to the following: - Flowerbeds, vegetable gardens watered by hand, using a Watering can or a hose with a nozzle with trigger shutoff to restrict flow. - Sprinklers and water toys, inclusive of children's pools, used for recreational purposes so long as children are present during their use. - 4.5.2 As deemed appropriate by the CAO or designate, the Town may implement staged seasonal Watering prohibitions as follows: - 4.5.2.1 Level 1: all outdoor water use is prohibited, including but not limited to Watering of lawns, washing vehicles and buildings, and use of children's water toys. The Town, at its discretion, may limit non-domestic bulk water sales. Exemptions are as follows: - Flowerbeds, vegetable gardens watered by hand, using a Watering can or a hose with a nozzle with trigger shutoff to restrict flow; and - Hand Watering of new grass seed or sod. - Business and outdoor water used for health and safety purposes. - 4.5.2.2 Level 2: all prohibitions as listed under Level 1 are applicable with the addition of all bulk water sales. The Town, at its discretion, may implement a closure of the spray park. - 4.5.2.3 Level 3: all prohibitions as listed under Level 1 and 2 are applicable with the addition of further restrictions or prohibitions on specific Non-Residential business operations, as deemed necessary by the CAO or designate. The Town's outdoor pool shall also be closed during this period. - 4.5.3 During such months, the Town shall communicate any Water Restrictions and/or prohibitions, including their termination, via notices posted to the Town's website, social media pages, local newspaper, and Voyant Alert - 4.5.4 Any Persons or Owners deemed in contravention of the restrictions and/or prohibitions as outlined in this section are subject to penalties as outlined in Schedule "B". ## 4.6 Restriction on Town Facilities - 4.6.1 No Consumer shall operate, use, interfere with, obstruct or impede access to the Water Utility or any portion thereof in any manner not expressly permitted by this Bylaw, in default of which, the CAO or designate may cause the water being supplied to such Consumer to be Shut Off until such Consumer complies with all of the provisions of this Bylaw. - 4.6.2 No Consumer shall: - 4.6.2.1 Lend or sell water, unless authorized by an agreement/contract with the Town authorizing such sale. - 4.6.2.2 Give away or permit water to be taken. - 4.6.2.3 Use or apply any water to the use or benefit of others or to any other than his own use and benefit. - 4.6.2.4 Increase the usage of water beyond that agreed upon with the Town, or extract or remove any water from any hydrant within the Town without first obtaining a letter in writing signed by the CAO or designate or Town CAO authorizing such removal. - 4.6.2.5 Throw or deposit any injurious, noisome, or offensive matter into the water system, or Water Utility, or on the ice, in the case that the water is frozen, or in any way fouls the water or commit any willful damage or injury to the Utility System or water or encourage it to be done is guilty of an offence. ## 4.7 Wastage - 4.7.1 No Consumer shall cause, permit or allow the discharge of water so that it runs waste or useless, whether by reason of leakage from a Private Service, a faulty plumbing system or otherwise. - 4.7.2 Notwithstanding subsection 4.7.1, the CAO or designate may under such condition as considered reasonable, allow a Consumer to discharge water so that it runs waste or useless if such Consumer's water Service would otherwise be susceptible to freezing and a credit may be issued by the Town based upon consumption history. ## 4.8 Investigation into Water Service Failure - 4.8.1 Any Consumer requesting investigation of a failure or interruption of the water supply, the investigation of which complaint necessitates the excavation of a street and/or boulevard shall, prior to such work, deposit with the CAO or designate the costs thereof as estimated by the CAO or designate, or sign a work order, agreeing to pay such costs, at the discretion of the CAO or designate. - 4.8.2 In the event that such failure or interruption was caused by the Town Service, providing that the Service is a new Service or has been used in the preceding twelve (12) months, the Consumer shall not be liable for such costs and any deposit paid shall be refunded. - 4.8.3 In the event that such failure or interruption was caused by the Private Service, the actual cost of such work shall be paid by the Consumer and the said deposit shall be applied thereto; any excess shall be refunded to the Consumer and any deficiency shall be collected in the same manner as water rates. ## 4.9 Noises and Pressure Surges - 4.9.1 No Consumer shall cause, permit or allow any apparatus fitting or fixture to be or remain connected to his water supply or to be operated which causes noise, pressure surges or other disturbances which may in the opinion of the CAO or designate, result in annoyance or damage to other Consumers or to the Water Utility. ## 5 Service Connections ## 5.1 Ownership of Service Connections - 5.1.1 The Town retains ownership of all facilities necessary to provide a Service Connection Services to an Owner, up to an including the Curb Stop, unless a written agreement between the Town and a Consumer specifically provides otherwise. - 5.1.2 Payment made by an Owner for costs incurred by the Town for supplying and installing a Service Connection does not entitle the Owner to ownership of the portion of the Service Connection located on Town property. - 5.1.3 The Owner retains ownership of all facilities located on private property necessary to provide a Service Connection to the property, not including the Curb Stop. The Owner assumes full responsibility for the condition, suitability and safety of all devices or equipment necessary for receiving Utility Services that are located on the Owner's property (water meter). ## 5.2 Repair and Maintenance Responsibility of Service Connections - 5.2.1 The Owner shall be responsible for the maintenance and repair of the Private Service and associated appurtenances within their own property, and all costs associated with such maintenance and repair. - 5.2.2 Where the Owner undertakes the repair of a Service Connection on private property and determines the problem exists on the portion of the Service Connection for which the Town is responsible, the Town shall complete the repairs. - 5.2.3 The Town shall be responsible for the maintenance and repair of the Town Service and associated facilities, up to and including the Curb Stop, unless the Service Connection is frozen and thawing is required, as outlined in section 5.9. - 5.2.4 Where the Town undertakes the repair of a Service Connection on public (or private) property and determines the problem exists on the portion of the Service Connection for which the owner is responsible, the owner shall cover the costs of the repair. ## 5.3 Application for Service Connection All Persons doing any work or service upon a Private Service or the plumbing system attached thereto shall comply with the provisions of the Plumbing Code and any Bylaws of the Town applicable thereto. - 5.3.1 Applications for Service Connections: - 5.3.1.1 Service Connections on Town property up to the curb stop, shall be installed by the Town unless otherwise directed by the CAO or designate. - 5.3.1.2 No Person shall install, modify, or expand a Service Connection except with the authorization of the CAO or designate. - 5.3.1.3 The Owner of the property must submit a Request for Service Application to the Town for a Service Connection to be installed by the Town. - 5.3.1.4 The CAO or designate may approve an Application pursuant to subsection 5.1.1 of this Bylaw subject to the following terms and conditions: - A Utility account being set up should there be no existing account for the property; and - The Owner of the property requesting the Service shall supply the Town with the size and accurate location of the proposed Service; and - Prepayment of the 50% deposit of the estimated cost of the Service Installation for which the Owner shall be responsible pursuant to the fees in Schedule "A" - The Owner of the property shall be responsible for payment of any charges incurred by the Town for the Service installation over and above the fees listed in Schedule "A". Alternatively, the Town shall credit the Owner should actual fees be less than the estimated cost. - 5.3.1.5 The cost payable by the Consumer for installing a Service between November 15th of any year and May 15th of the following year, unless designated otherwise by the CAO or designate, shall be increased by the amount designated in the said Schedule "A". ## 5.4 Quantity, Size and Depth of Services - 5.4.1 Unless otherwise approved by the CAO or designate: - 5.4.1.1 Each property shall have only one water Service line from the main. - 5.4.1.2 A duplex, row house style of condominium or semi-detached dwelling requiring a connection to the Town water supply must have a separate Service to each unit from the street line, controlled by a separate Curb Stop and metered by separate water meters. - 5.4.1.3 A Private Service shall be buried to a depth of at least 1.8m (6 feet) unless otherwise approved by the CAO or designate. - 5.4.1.4 No Service line shall be allowed prior to the meter (except in the case of fire protection) and only after written approval by the CAO or designate. - 5.4.1.5 The minimum size of the Service required for Residential purposes shall be determined by the CAO or designate in accordance with the Plumbing Code, provided that the Town shall not install a Service having a size smaller than 20mm (3/4 inch). ## 5.5 Tapping into Water Main - 5.5.1 No Person except authorized employees of the Town (or their designate) shall make any connection, or contact whatsoever, with any of the public pipes or mains in the public thoroughfares of the Town unless authorized by the CAO or designate. ## 5.6 Mandatory Connection to Water Main - 5.6.1 Except where indicated, as per section 4.4.1, every Owner of a building, situated on land which abuts a Water Main, shall make an Application for the Town to construct a Service Connection and continue, at the Owner's cost, the Service Connection into the building, in accordance with the regulations of this Bylaw. The said Owner shall construct the Service within 1 year of substantial completion of the Water Main. - 5.6.2 The following properties are exempt from the mandatory connection requirement in subsection 5.6.1. - 5.6.2.1 Properties where the nearest corner of the building is more than 100m (300') from the property line that the Water Main abuts. - 5.6.2.2 For any other reason deemed appropriate, at the discretion of the CAO. Record of this exemption shall be noted on the Utility account. - 5.6.3 Where a property is exempt from the mandatory connection requirement of this Bylaw and the property is not connected to the Water Main, there shall be no flat rate charged to the property Utility account. - 5.6.4 Where a property is exempt from the mandatory connection requirement of this Bylaw, the property is not exempt from any capital contribution required towards the cost of extending the Water Main. - 5.6.5 Failure of non-exempt properties to perform the mandatory Water Main connection as prescribed, shall be subject to the penalties as outlined in Schedule "B" · Payment of the fines shall not relieve an Owner from incurring any costs associated with completing the work outlined within this section. ## 5.7 Fire Protection Service - 5.7.1 A Combined Service or Fire Line shall not be installed without the prior approval of the CAO or designate. A Fire Line shall be used only for fire protection purposes, and the CAO or designate shall determine whether or not a meter shall be affixed to such Fire Line. If the CAO or designate requires such a meter, the same shall be supplied and installed in a manner satisfactory to the CAO or designate at the sole cost and expense of the Consumer. - 5.7.2 Fire hydrants installed for fire protection, to be located within Town property, shall be directly connected to the Watermain. No hydrants shall be connected to Service lines, unless located on private property with clear marking and notification sent to Town PW and Fire Department. Maintenance and repair of any private hydrants installed in this manner shall be the responsibility of the Owner. ## 5.8 Temporary Water Service - 5.8.1 Any Person, not being in the employ of the municipality and not being a member of the fire department and authorized in that behalf, who willfully opens or closes any hydrant Curb Stop, chamber pipe or hydrant chamber or by placing on it any building material, rubbish or other obstruction is guilty of an offence and liable to a fine in the amount specified in Schedule "B". - 5.8.2 Any Person requiring a temporary water supply in the course of construction shall make an Application therefore to the CAO or designate and shall pay therefore the Residential or Non-Residential sums required by Schedule "A" for that specific building type. ## 5.9 Thawing a Service All Persons doing any work or Service upon a Private Service or the plumbing system attached thereto shall comply with the provisions of the Plumbing Code and any Bylaws of the Town applicable thereto. - 5.9.1 Cost of thawing shall be borne by the Owner if the Private Service or the plumbing system connected thereto is frozen due to negligence by the Consumer, as determined by the CAO or designate. - 5.9.2 Cost of thawing shall be borne by the Town if the Town Service is frozen for any other reason not due to the negligence of the Owner or Consumer, as determined by the CAO or designate. - 5.9.3 If the CAO or designate is of the opinion that a Private Service or plumbing system has frozen without any negligence on the part of the Owner or Consumer, or any other Person for whose negligence the Owner is responsible, the CAO or designate may waive the cost of one thawing during any one winter season which shall be deemed to run from November 15th to May 15th. - 5.9.4 The Town shall not thaw a Private Service Connection or plumbing system unless the Owner shall first have signed an acknowledgement recognizing the thawing may be inherently dangerous to property including Private Service or plumbing system and may cause damage to electrical systems or the outbreak of fire and waiving any claim against the Town for any such damage whatsoever except damage caused by the negligence of the Town. - 5.9.5 The Town shall not perform thawing of Services connected to a mobile home. Responsibility for Service Connections at these locations shall be on the Owner. ## 5.10 Water Hydrants and Valves - 5.10.1 No Persons other than those authorized by the Town shall open or close or operate or interfere with any valves, hydrant or fire plug, or draw water there from. - 5.10.2 The Fort Macleod Fire Department Fire Chief, his assistants and officers, and members of the Fire Department, are authorized to use the hydrants, or fire plugs for the purpose of extinguishing fires, for making trial testing of hose pipe, or for fire protection, but all such uses shall be under the direction and supervision of the Chief or his duly authorized assistants. In no event shall any inexperienced or incompetent Persons be permitted to manipulate or control in anyway any hydrant or plug. - 5.10.3 No Person shall in any manner obstruct the free access to any hydrant or valve or Curb Stop. - 5.10.4 No vehicle, building, rubbish, or any other matter which may cause obstruction shall be placed nearer to a hydrant than the property line on the street in which the hydrant is located, nor within 4.57 meters (15 feet) of the hydrant in a direction parallel with the property line. - 5.10.5 No Person shall interfere with, damage or make inaccessible any Curb Stop due to the construction of sidewalks, pathways, driveways, or any similar construction. The Owner shall be required to pay all costs, in addition to the penalties in Schedule "B", involved in repair of, or changes to, a Curb Stop due to inaccessibility to or damage to the Curb Stop by the Owner. This applies to all new or existing Curb Stops or main valve. Time frames to remedy existing infractions, prior to charges being levied, shall be determined by the CAO or designate on a case-by-case basis. - 5.10.6 No Person other than authorized Town staff are to operate Curb Stops. Certified Licensed Plumbers with water keys are to operate Curb Stops only under emergency situations and are to notify Town Staff of said action immediately. ## 5.11 Boilers - 5.11.1 In any case where a steam boiler or equipment of a nature similar to that of a steam boiler is supplied directly from a Service, such boiler or other equipment shall be equipped with at least one safety valve, one back flow devise, and one vacuum valve or other device sufficient to prevent the collapse of explosion thereof in the event the water supply thereto is Shut Off. ## 5.12 Requested Water Shut Off and Turn On If a Consumer requires the supply of water to be Shut Off or Turned On for his own purposes, he shall pay therefore the amount specified in the said Schedule "A" and any other applicable fees thereafter. ## 6 Water Meters ## 6.1 Water Meter Installation - 6.1.1 Water meters shall be supplied by the Town as per Schedule "A". The Town retains ownership of all meters supplied to the Consumer. - 6.1.2 All Consumers shall make provisions for, at their sole cost, the installation of a water meter and Remote Reading Device to the satisfaction of the CAO or designate, and when required, shall install a properly valved bypass. All costs incurred to move or remove a meter and/or Remote Reading Device by request of the Consumer shall be borne by the Consumer. - 6.1.3 All Consumers shall, at his sole cost and expense, supply and maintain Service valves on the upstream side and downstream side, within 300mm (12 inches) of the meter. - 6.1.4 Access to the water line for this purpose shall be provided at the Consumer's expense and shall provide a minimum working area for installation as defined by the CAO or designate. - 6.1.5 Every Consumer who requires the installation of more than one meter for each metered Utility; or in the course of construction require re-installation, shall pay the fee as per Schedule "A". ## 6.2 Subsidiary Meter - 6.2.1 A Consumer may, for his own benefit, install a water meter between the meter supplied by the Town and the point of use of the water supply provided that the Town shall not maintain such meter, and such meter shall not be read by the Town. ## 6.3 Meter Chamber - 6.3.1 When in the opinion of the CAO or designate, the building or other premises intended to be supplied with water are too far from the Town Service to conveniently install a meter in such building or premises, or if a number of buildings are to be so supplied or for any other reason in the opinion of the CAO or designate, then the Consumer shall, at his sole cost, construct and maintain a sealed meter chamber, and such chamber shall in all respects including location, construction size, access and otherwise howsoever be satisfactory to the CAO or designate. ## 6.4 Meter Size - 6.4.1 The size of the meters shall be determined as recommended by the CAO or designate for each Service. ## 6.5 Bypasses - 6.5.1 Any Consumer having a water meter 37.5 mm (1 ½ inches) in size or larger shall at his expense construct and maintain a properly valved by-pass satisfactory to the CAO or designate which shall be sealed by the Town and shall be opened by the Consumer only in case of emergency. The Consumer shall notify the Town within 24 hours after the seal on the by-pass is broken, failing which the CAO or designate may cause the water supply to such Consumer to be Shut Off until satisfactory arrangements have been made for the calculation of any payment for water supplied and not recorded on the meter, and shall be subject to the penalties as listed in Schedule "B". ## 6.6 Meter Reading - 6.6.1 All water supplied by the Town to a Consumer shall be measured by a meter unless otherwise provided in this Bylaw. - 6.6.2 All meters shall be supplied, owned and maintained by the Town unless otherwise provided in this Bylaw. - 6.6.3 The Town shall endeavor to read the meters once every month. If Town employees cannot gain access safely to read the meter as aforesaid, the consumption of the Utility shall be estimated upon such basis as the CAO or designate considers being fair and equitable and the account rendered in accordance with such estimate. - 6.6.4 If a meter reading cannot be obtained at least once a month for two (2) consecutive reading attempts, the Town may, at its discretion, discontinue any or all Utility Services supplied to the premises until such time as the Town is able to obtain an actual meter reading. - 6.6.5 Where it has been determined by the Town and that the meter is not recording the consumption of a utility, an authorized Town employee, with reasonable notice (5 working days) to the Consumer, must be allowed to enter the premises to repair the meter or meter reading receptacle. Failure to provide access within a reasonable time period shall result in the Utility account being moved to a non-metered rate as per Schedule "A". - 6.6.6 The Consumer shall ensure that access to the meter is safe, well lit, accessible free of hazards to the Person reading the meter. - 6.6.7 If a water meter is deemed faulty and requires replacement, the cost of the replacement shall be covered by the town. The owner is responsible for scheduling the work with a plumber who will then submit the bill to the Town. ## 6.7 Protection of Meter and Remote Reading Receptacle - 6.7.1 Each Consumer shall provide adequate protection of the meter supplied by the Town against freezing, heat or any other internal/external damage, failing which the consumer shall pay to the Town all costs associated with the replacement of such meter which amounts shall be recoverable in the same manner as all other costs and charges provided for under this Bylaw. - 6.7.2 No Person other than authorized Town employees or a licensed plumber shall remove, disconnect, reconnect or tamper with a meter or remote meter reading receptacle attached to the premise. ## 6.8 After Hours Service Calls - 6.8.1 Notwithstanding anything herein provided, if a meter is required to be installed or connected or should a Utility Service be required to be disconnected or reconnected, or should a service call requested be required after 16:00 or before 08:00, Monday through Friday, or on a Saturday, Sunday or statutory or civic holiday, a fee as per Schedule "A" shall be paid by the Consumer. ## 6.9 Testing or Calibration on Disputed Meter Reading - 6.9.1 A Consumer who disputes a meter reading shall give written notice to the Town. - 6.9.2 A water meter situated on the Consumer's premises shall be removed and tested or calibrated by a qualified Person designated by the CAO or designate. In the event that the meter is found to be accurate within 5% of actual water volume passing through the same, the expense of such test or calibration shall be borne by the Consumer in the amount designated in Schedule "A". - 6.9.3 In the event that the said meter is found not accurate within the said limits it shall forthwith be repaired or be replaced by one that is accurate and the expense thereof shall be borne by the Town. - 6.9.4 In the event that a meter is found not to be accurate within the aforesaid limits and the current Consumer has been overcharged, the accounts rendered to the Consumer based upon the reading of that meter for the maximum of 12 months immediately preceding the date of such test or calibration shall be corrected in proportion to the error of the meter in excess of the aforesaid limits and there shall be refunded to the Consumer, the amount so determined which refund shall be deemed accepted by the Consumer as settlement in full to the date thereof of all claims on account of in inaccuracy of such meter. ## 6.10 Additional Meter Reading - 6.10.1 When a Consumer requests a meter reading at a time other than the Town's regular scheduled time for meter reading, he may be assessed a fee as per Schedule "A" for such reading. Provided, however, if upon such reading, it appears that the previous billed meter reading is incorrect, no service charge shall be required. ## 7 Fines and Penalties ## 7.1 Offences and Penalties - 7.1.1 A Person who contravenes any provision of this Bylaw is guilty of an offence. - 7.1.2 A Person who is guilty of an offence is liable to a fine in an amount not less than that established in Schedule "B" and not exceeding $10,000.00. - 7.1.3 Without restricting the generality of Section 7.1.2, the fine amounts set out in Schedule "B" are established for use on Violation Tickets if a voluntary payment option is offered. ## 7.2 Vicarious Liability - 7.2.1 For the purposes of this Bylaw, an act or omission by an employee or agent of a Person is deemed also to be an act or omission of the Person if the act or omission occurred in the course of the employee's employment with the Person, or in the course of the agent exercising the powers or performing the duties on behalf of the Person under their agency relationship. ## 7.3 Corporations and Partnerships - 7.3.1 When a corporation commits an offence under this Bylaw, every principal, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence. - 7.3.2 If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. ## 7.4 Municipal Tag - 7.4.1 An Enforcement Officer is hereby authorized and empowered to issue a Municipal Tag to any Person who the Enforcement Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. - 7.4.2 A Municipal Tag may be issued to such Person: - 7.4.2.1 either personally; or - 7.4.2.2 by mailing a copy to such Person at their last known post office address. - 7.4.3 The Municipal Tag shall be in the form approved by the Town and shall state: - 7.4.3.1 the name of the Person; - 7.4.3.2 the offence; - 7.4.3.3 the specified penalty established by this Bylaw for the offence; - 7.4.3.4 that the penalty shall be paid within 30 days of the issuance of the Municipal Tag; and - 7.4.3.5 any other information as may be required by the Chief Administrative Officer. ## 7.5 Payment in Lieu of Prosecution - 7.5.1 Where a Municipal Tag is issued pursuant to this Bylaw, the Person to whom the Municipal Tag is issued, may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified within the time period indicated on the Municipal Tag. ## 7.6 Violation Ticket - 7.6.1 If a Municipal Tag has been issued and if the specified penalty has not been paid within the prescribed time, the Enforcement Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to the Provincial Offences Procedure Act to any Person who the Enforcement Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. - 7.6.2 Notwithstanding subsection 7.6.1, an Enforcement Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to the Provincial Offences Procedure Act to any Person who the Enforcement Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. - 7.6.3 If a Violation Ticket is issued in respect of an offence, the Violation Ticket may: - 7.6.3.1 specify the fine amount established by this Bylaw for the offence; or - 7.6.3.2 require a Person to appear in court without the alternative of making a voluntary payment. - 7.6.4 A Person who commits an offence may: - 7.6.4.1 if a Violation Ticket is issued in respect of the offence; and - 7.6.4.2 if the Violation Ticket specifies the fine amount established by this Bylaw for the offence; - make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial appearance date indicated on the Violation Ticket, the specified penalty set out on the Violation Ticket. ## 8 Transitional ## 8.1 Enactment - 8.1.1 This Bylaw shall come into force and effect when it has received third reading and has been duly signed - 8.1.2 This Bylaw repeals Bylaw No. 1990 <!-- image --> <!-- image --> READ a third time and finaly PASSED this 12th day of January 2026. READ a first time this Oth \_ day of December 2025 READ a second time this 124 day of January, 2026. <!-- image --> <!-- image --> MAYOR 1/z AI CHIEF ADMINISTRATIVE OFFICER ## 9 Schedule "A" ## Schedule "A" ## Water Utilities Rates and Fee Schedule FLAT RATES - rates are on a per month basis. In the event that a billing period is more or less than one calendar month, flat rates shall be payable on a pro rata basis calculated using the number of days in the calendar month. ## General Fees | *Paper Statement Fee | $2.50/Month | |------------------------|---------------| *This paper statement fee will run as one paper statement fee for the Waste Management Bylaw 1983 and Sewer Bylaw 1991 on the same bill. 1 paper statement fee will be charged per bill per time. ## Residential Flat Rates | | 2025 | 2026 | |--------------------------------------|---------|---------| | Residential (single family dwelling) | $40.87 | $40.87 | | Residential (2-4 dwelling units) | $56.91 | $56.91 | | Residential (5-8 dwelling units) | $80.85 | $80.85 | | Residential (9-12 dwelling units) | $103.63 | $103.63 | | Residential (13+ dwelling units) | $126.98 | $126.98 | | Out of Town | $47.82 | $47.82 | ## Non-Residential Flat Rates | | 2025 | 2026 | |-------------------------|---------|---------| | Commercial | $45.46 | $45.46 | | Commercial (2-4 units) | $63.27 | $63.27 | | Commercial (5-8 units) | $87.35 | $87.35 | | Commercial (9-12 units) | $113.85 | $113.85 | | Commercial (13+ units) | $141.64 | $141.64 | | Institutional | $141.64 | $141.64 | | Industrial | $45.46 | $45.46 | | Municipal Property | $45.46 | $45.46 | | Out of Town | $51.45 | $51.45 | ## Residential and Non-Residential Consumption Rates (per m?) | | 2025 | 2026 | |-----------------|--------|--------| | Residential | $1.00 | $1.03 | | Non Residential | $1.00 | $1.06 | | Out of Town | $1.00 | $1.50 | Unmetered Services - $250 per month Construction Water - $50 per month ## Utility Administration Fees - New Utility Application - Well Permit Application - Interest Rate on Unpaid Utility Bill Amounts $25.00 $100.00 2.5% per month compounded ## Water Meter Fees - New Meter Deposit (refunded after Town inspection of installation) Retail Value - Deposit for Requested Meter Removal and Calibration - Administration Fee for Meter and/or Remote Reader Replacement $55.00 (damaged or frozen) - Replacement of Meter and/or Remote Reader (damaged or frozen) $110.00 Materials plus labour ## Water Service Fees - Requested Water Service Turn Off or Turn On: During Regular Business Hours After Regular Hours or Weekends - Service Call to Attend Property for Service Failure (failure of Service not attributed to Town) - Thawing a Water Service $55.00 $110.00 $75.00 $100.00/Hour - Water Service Installation Rates*: 20mm (3/4") in Single Trench $5,000.00 25mm (1") in Single Trench $5,000.00 Larger Than 25mm in Single Trench $5,000.00 20mm (3/4" in Common Trench with Another Service $5,000.00 25mm (1") in Common Trench with Another Service $5,000.00 Larger Than 25mm in Single Trench with Another Service $5,000.00 Winter Service Installation (additional to rates above) $1,000.00 *Estimated cost only. Owner is responsible for payment of charges incurred by the Town over and above the estimate. Owner will be credited should costs be below estimate. ## Bulk Water Service Fees - Bulk Water Rate - Bulk Water License Fee $4.00/m3 $10.00 (one-time charge per vehicle) ## 10 Schedule "B" ## Bylaw No. 2012 Penalties | Violation | Section Number | Municipal Tag | Ticket | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------|---------------------------|----------------------------| | All contraventions of the Bylaw not specifically listed below, as determined by the Enforcement Officer. | | $250 (min.) $5,000 (max.) | $500 (min.) $10,000 (max.) | | Any Person who willfully or maliciously hinders or interrupts or causes or procures to be hindered or interrupted, the municipality or its contractors, servants, agents, workmen, or any of them, in the exercise of any of the powers and authorities relating to the public Utilities | 16.7 | $500 | $1,000 | | Contravention of seasonal Water Restrictions. | 18.1 | $250 | $500 | | Contravention of Level 1 and Level 2 prohibitions. | 18.2 (a)(b) | $375 | $750 | | ontravention of Level 3 prohibitions. | 18.2(c) | $500 | $1,000 | | Any Person who lends or sells water, uses water to benefit others, increase usage beyond what is agreed upon, and throws or deposits any injurious, noisome or offensive matter into the water system. | 19.2 | $500 | $1,000 | | ailure to perform the mandatory water connection into the Water Main. | 28.1 | $250/month | $500/month | | Any Person not being in the employ of the municipality and not being a member of the fire department and authorized in that behalf, willfully opens or closes any hydrant stopcock, chamber pipe or hydrant chamber or by placing on it any building material, rubbish or other obstruction. | 30.1 | $500 | $1,000 | | No Persons other than those authorized by the Town shall open or close or operate or interfere with any valves, hydrant or fire plug, or draw water there from. | 32.1 | $500 | $1,000 | | No Person shall in any manner obstruct the free access to any hydrant or valve or Curb Stop. | 32.3 | $500 | $1,000 | | No vehicle, building, rubbish, or any other matter which may cause obstruction shall be placed nearer to a hydrant than the property line of the street in which the hydrant is ocated, nor within 4.57 meters (15 feet) of the hydrant in a direction parallel with the property line. | 32.4 | $500 | $1,000 | | No Person shall interfere with, damage or make inaccessible any Curb Stop due to the construction of sidewalks, pathways, driveways, or any similar construction. | 32.5 | $500 | $1,000 | | No Person other than authorized Town staff are to operate Curb Stops. Certified Licensed Plumbers with water keys are to operate Curb Stops only under emergency situations and are to notify Town staff of said action immediately. | 32.6 | $500 | $1,000 | | No Person other than authorized Town employees shall remove, disconnect, reconnect or tamper with a meter or remote meter reading receptacle attached to the premise. | 39.2 | $500 | $1,000 | ## 11 Glossary ## Abbreviation | CAO | Chief Administrative Officer | |-------|--------------------------------| | EFT | Electronic Funds Transfer | | MGA | Municipal Government Act | | RCMP | Royal Canadian Mounted Police | ## Description