This is the exact embedded text of the captured official document.
Snapshot 80c41eea1280 · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
y)~)
WHEREAS
AND WHEREAS
NOW THEREFORE
TOWN OF OYEN
BY-LAW NUMBER # 924-24
BEING A BY-LAW OF THE TOWN OF OYEN IN THE PROVINCE
OF ALBERTA FOR THE PURPOSE OF CONSTRUCTING,
REGULATING, CONTROLLING, AND OPERATING THE WATER
AND SEWER SYSTEM.
pursuant the Municipal Government Act, being Chapter M-26 of the
Revised Statues of Alberta, 2000, and amendments thereto, provides
that a municipality may pass a By-Law to construct, control and
operate a water and sewer utility for the purpose of providing
residents and consumers of a municipality with the supply of water
and the disposal of sewage wastes, charging such rates and fees as
deemed necessary;
the Municipal Council of The Town of Oyen, in the Province of
Alberta, has deemed it desirable to pass a By-Law to establish and
maintain a system for the construction, control and operation of water
and sewer services;
the Municipal Council of the Town of Oyen, in the Province of Alberta,
duly assembled enacts the following:
TITLE
This By-Law will be cited as the “Water and Sewer By-Law’.
Il. USE AND CONTROL
The use and control of all water, sewer and drainage systems
belonging to the Town, now laid down, constructed or built
subsequent to the passing of this By-Law, shall be in
accordance with this By-Law and shail be under the
management and control of the Municipality.
lll. DEFINITIONS
In this By-Law, unless the context otherwise requires:
a. “Account” means an agreement to provide Utility
Service and to record related transactions including
consumption, fees and payments.
b. “Account Holder’ means the person who is named on
an Account.
c. “Arrears” means account balance which is unpaid after
the due date shown on the invoice.
d. “Billing Period” means a one (1) month period as set
by the Town.
e. “Consumer” means the person who takes delivery of
the water at its place of consumption or who utilizes the
sewer service and who has authorized the provision of
the services in writing to the Town.
f. “Council” means the Municipal Council of the Town of
Oyen.
g. “Hazardous Waste/Material’ means any substance
that can cause illness, disease or death to un-protected
people.
h. “Manager” means the Chief Administrative Officer as
appointed by Council or his/her designate.
i. “Meter” means an instrument for measuring quantity of
water.
j. “Municipal Utility Service” means the service provided
by the Town from its municipal water or sewer system
or both.
yy)
~)
“Occupant” means any Person other than the Owner
who is in possession of the Property, including, but not
limited to, a licensee, tenant or agent of the Owner.
“Owner” means the registered owner of real property as
designated on the Certificate of Title for one property.
. ‘Person’ means firm, corporation, owner, occupier,
lessee or tenant.
“Premise” means a parcel of land and any buildings
situated on that land.
“Service Connection” means the part of the system or
works of a water distribution system or sanitary sewer
system that runs from the main lines 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 Section
29 of the Municipal Government Act.
“Service Line” means that portion of a Service
Connection located above, on or underneath an
Owner's parcel of land.
“System” means the system or works constructed by
the Town for Municipal Utility Services.
“Town” means the Town of Oyen or its duly authorized
representative.
“Town Service Line” means that portion of a Service
Connection located between a main line and the
property line.
IV. GENERAL
a.
The Town water and sewer rates, charges for late
payments, times and places when and where they will
be payable shall be fixed as per Appendix “A” to this By-
Law.
. Non-receipt of a utility bill will not exempt the Owner or
Occupant from payment for the service received.
The Town fines and penalties for contravention of this
By-Law shall be established as defined in Appendix “B”
to this By-Law.
V. SERVICE CONNECTION
a.
Full compliance with this by-law is a condition and term
of supplying a Municipal Utility Service to a parcel of
land.
An Owner of a parcel of land must submit a written
application to the Town and obtain approval of the Town
before the Town will construct a Town Service Line.
The Town shall assume full responsibility and costs of
the construction, maintenance and repair of a Town
Service Line.
An Owner shall assume full responsibility and costs of
the construction, maintenance and repair of a Service
Line. Any costs incurred by the Town to maintain,
replace or repair the Service Line are fully recoverable
and subject to the same penalties as set out in
Appendix “A”.
An Owner shall construct, maintain and repair a Service
Line in a manner satisfactory to the Town.
That portion of a Service Line situated between the
property line of a parcel of land and the water meter
shall be constructed of the same material as the Town
Service Line.
If the Town is not satisfied with the construction,
maintenance or repair of a Service Line, the Town may
By-Law 924-24, Page 2
yy’)
require the Owner to do something in accordance with
its instructions with respect to the construction,
maintenance or repair of the Service Line by a specified
time. If the construction, maintenance or repair of a
Service Line has not been done to the satisfaction of the
Town within the specified time or in an emergency, the
Town may enter any parcel of land or building to
construct, maintain or repair the Service Line.
. The Town’s cost relating to the construction,
maintenance or repair performed under Section (g) of
Part lll of this By-Law are fully recoverable and subject
to the same penalties as set out in Appendix “A”.
No connections shall be made to that portion of a
Service Line situated between the property line of a
parcel of land and the water meter.
An Owner who wishes to upgrade a Service Line shall
submit a written request to the Town. If the Town
approves the application, the Owner shall be
responsible for the construction costs of the Service
Line and all construction shall be performed in a manner
satisfactory to the Town.
APPLICATION FOR SERVICE
a. New requests for service shall only be entered into with
the Owner of the Premise. Any other Person shall not
be permitted to apply for an Account in their own name.
. An Owner who wishes to receive Municipal Utility
Service shall complete the application form supplied by
the Town. Failure to make an application to the Town
prior to usage of water shall constitute a contravention
of this By-law.
. Where an Owner has set up an Account for service, an
Owner may request that a copy of the invoice for the
Account be sent directly to an Occupant’s mailing
address as identified by the Owner. Notwithstanding
this section, the Owner remains the Account Holder
responsible for all debts incurred under that Account.
. An Owner is responsible for all service charges, fees
and other charges as set on attached Appendix “A” of
the By-Law until such time as the Owner applies to the
Town to have the service disconnected and a final
reading of the meter has been taken.
SUPPLY OF SERVICE
a. The Town does not guarantee the continuous
uninterrupted supply of any Municipal Utility Service,
and reserves the right at any time without notice to shut-
off such service where required in the maintenance or
operation of the 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.
. No reduction in rates shall be made for interruption of
service on account of any interruption of the water due
to maintenance, tie-ins or supply failure.
. The Town shall have the right to limit the amount of
water supplied to any Premise where Council deems
such action to be necessary. The Council may at any
time, by resolution, limit or restrict the use of water by
Consumers for the watering of lawns, garden plots or
other areas, or for any other use, for such time as
Council deem advisable.
By-Law 924-24, Page 3
yy)
~y
VII.
IX.
CHARGES
a.
The service charge to the Account Holder for Municipal
Utility Service, a late charge penalty for Arrears and
other fees for the Municipal Utility Service as set on
attached Appendix “A” of this By-Law.
When an account is in Arrears, the Manager may at
their discretion and upon giving not less than seven (7)
days’ notice, shut off the supply of water to any
Consumer or apply the outstanding balance to the Tax
Roll as per Section 553(b) of the Municipal Government
Act.
When the water service has been disconnected due to
non-payment, all Arrears shall be paid together with a
reconnection fee, as set out in Appendix “A”, before the
service is reconnected.
METERS
a.
All water meters will be supplied and installed by the
Town and will remain at all times the property of the
Town. Payment of an installation or other fee does not
constitute a sale.
The Manager may from time to time, or at any time,
authorize an individual, firm or corporation to install,
maintain, repair and replace water meters.
An Occupant and/or Owner shall notify the Town
immediately whenever a water meter or remote readout
is not operating or if any part of it becomes damaged or
broken.
Any person permitting any meter and/or radio
transmitter to be damaged shall be liable for all costs
incurred in the replacement of said meter or radio
transmitter. Replacement costs shall include the costs
for any Town employees required to complete the
replacement, the costs for Town equipment, contracted
services and goods purchased. The said charges shall
be are fully recoverable and subject to the same
penalties as set out in Appendix “A’.
Should any Owner claim a meter is not working properly
and is over reading; said Owner shall deposit with the
Town the sum as stated in Appendix “A”. The meter will
then be removed from service and sent to an
independent company for testing.
Should the said meter be found to over read by more
than one and a half percent (1.5%), the said Owner
shall be refunded their deposit. Any meter which meets
the requirements previously stated shall be considered
adequate, and the said person shall forfeit the said
deposit to the Town to cover costs of removal and test
of said meter.
If a meter is found to be inaccurate, the accounts based
upon the reading of that meter for the maximum of
twelve (12) monthly bills preceding the date of such test
shall be corrected in proportion to the error of the meter
in excess of the above limits and the customer shall pay
or shall be refunded payment.
. No person shall interfere with, cut or remove the wire
seal on a meter, valve, radio transmitter or outside
readout.
No person shall disconnect a meter or do anything
which may prevent or impede the flow of water through
a meter or the recording of the flow of water through the
meter, or which may affect the proper operation of the
water meter.
By-Law 924-24, Page 4
YY
~)
X. METER READINGS
a. Each and every water service attached to the water
system shall be metered and the water consumed, as
indicated by the meter, shall be paid for in accordance
with Appendix “A” of this By-Law.
b. Each water meter shall be read at such times or
intervals as the Manager may designate.
c. If any water meter has, in the opinion of the Manger,
failed to accurately register the flow of water through the
meter since the last reading, the charge shall be the
average consumption of the previous three (3) billing
periods.
d. In the event that the Town is unable to read the water
meter due to the inaccessibility of the water meter or for
any other reason, the Manager shall estimate and
establish the charges based on the average
consumption of the previous three (3) billing periods.
e. In the event of (b) or (c), payment of an estimated
amount shall not excuse the Owner from liability for
payment of a greater amount which may owe after the
meter is repaired or read.
f. In the event an Occupant or Owner refuses to allow a
water meter to be read for a period of six months or
more, the Manager may shut off the water to those
premises.
Xl. DISCHARGE
a. The Owner may be required to construct and maintain
such works as the Town considers necessary for the
preliminary treatment of any sewage prior to discharge
into the Sanitary Sewer System.
b. Only water and waste water shall be discharged into the
Sanitary Sewer System. The discharge of any
flammable, explosive or any Hazardous Waste/Material
into the Sanitary Sewer System is strictly prohibited. A
Consumer who contravenes this Section may be subject
to the penalties outlined in Part XVIII of this By-Law.
c. Unless authorized in writing by Council, no sub-surface
drains, roof drains or catch basins shall be connected to
the Sanitary Sewer System.
Xll. INSPECTIONS
a. For the purposes of conducting sampling test or
inspecting repairs, placing or removing meters on any
Service Connection inside or outside any house or
building the Town shall have a right of entry to any
Premise:
i. Upon reasonable Notice given to the Consumer;
or
ii. In an emergency or in extraordinary
circumstances.
Xlll. PROTECTION OF UTILITY SERVICES
a. No person shall connect a Service Connection to a
Municipal Utility Service, or otherwise uncover, make
any connection with or opening into, use, alter or disturb
a Service Connection or a Municipal Utility Service
without the written permission of the Manager.
b. No person shall break, damage, destroy, deface or
tamper or cause or permit the breaking, damaging,
By-Law 924-24, Page 5
y)
XIV.
XV.
XVI.
XVII.
destruction, defacing or tampering with any part of a
Municipal Utility Service. Any person who does perform
such acts shall be liable for any damage incurred.
c. The Town may discontinue access to a Municipal Utility
Service where the Town believes the use of a Municipal
Utility Service to a parcel of land to be contrary to the
By-Law.
d. Any person who contravenes a provision in this Part is
guilty of an offence and is liable to the penalties outlined
in Part XVII of this By-Law.
ACCESS FOR AUTHORIZED PURPOSES
a. As acondition of water service and as operational
needs dictate, employees of the Town shall have free
access to all parts of a property, building or other
premises in which water is delivered and consumed, at
reasonable hours of the day and upon reasonable
notice for the purpose of:
i. Installation, maintenance, repair and removal of
the Water System and Water Service
Connections;
ii. Installation, testing, repair and removal of Water
Meters or other parts of the Water System;
iii, Reading of Water Meters; and
iv. Inspections for compliance of this By-Law.
b. No Person shall hinder, interrupt or cause to be
hindered any employee of the Town or its contractors,
servants and agents or workers, in the exercise of any
of the powers or duties relating to the Water System as
authorized or required in this By-Law.
c. Upon termination of Water Service, any employee of the
Town employed for that purpose may, at all reasonable
times enter the parcel or premises which was supplied
with Water Service for the purpose of removing form the
parcel or premises any fittings, machines, apparatus,
meters, pipes or any other things that are the property
of the Town, and may remove these things.
SEPARATE AND SEVERABLE
Each section of this By-Law shall be read and construed as
being separate and severable from each other section. Should
any section of this By-Law is declared invalid by a court of
competent jurisdiction, then such section apart shall be
regarded as being severable from the rest of the By-Law and
the remainder of this By-Law is deemed valid.
REPEAL
Town of Oyen By-Law No. 900-22 and any amendments
thereto are hereby repealed effective the date of final reading
of this By-Law.
PENALTY
Any person who contravenes a provision of this By-Law is
guilty of an offence and liable on summary conviction to
imprisonment for a term not exceeding three months or to a
fine of not more than Two Thousand Five Hundred Dollars
($2,500.00).
By-Law 924-24, Page 6
yy)
XVIII. ENACTMENT
This By-Law shall come into force for the October 2024 billing
period, or any utility bills prepared for a portion of the October
2024 billing period.
Read a first time this 15th day of October, 2024.
Read a second time this 15th day of October, 2024.
Read a third time and passed this 15' day of October, 2024.
Signed this 15'" day of October, 2024.
—WMAYOR /
Sess
CHIEF ADMINISTRATIVE OFFICER
By-Law 924-24, Page 7
yy
Appendix “A” to Bylaw No. 924-24
Water Charges
Flat fee per billing period $ 49.25
Consumption fee per cubic meter $ 4.00
Sewer Charges
Basic: Flat fee per billing period $ 9.00
Plus 30% of metered water charge
Greenhouse: Flat fee per billing period $ 9.00
Plus 5% of metered water charge
Arrears Penalty
A penalty of two and one half percent (2.5%) will be added
to the arrears balance of all accounts
Metered Water from Reservoir
Per cubic meter $ 5.06
Billing Period
Bills shall be generated every month
Hourly Sewer Service Charge (per employee)
Working hours 8:00 a.m.-5:00 p.m. $ 80.00
After hours, holidays, weekends & evenings $160.00
Water Disconnect/Reconnection Fee $ 50.00
By-Law 924-24, Page 8
yy
=
Appendix “B” to Bylaw 924-24
1. Tapping into a water main or Town sewer without the
permission of the Town.
$200.00
2. Discharge of prohibited materials into the Town sewer system.
$200.00
3. Remove, operate or alter any portion of the utility services.
$500.00
By-Law 924-24, Page 9