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CITY OF LANGFORD
BYLAW NO. 1291
A BYLAW TO ESTABLISH CONDITIONS FOR THE OPERATION AND MANAGEMENT OF A
MULTI UTILITY AND TO IMPOSE FEES AND OTHER CHARGES FOR THE WATER AND
ENERGY SERVICES
WHEREAS:
A.
The Community Charter authorizes the City to provide any service that the Council
considers necessary or desirable, and to do this directly or through another person or
organization;
B.
The City wishes to establish services for the purpose of providing water and energy
within the City on certain terms and conditions; and
C.
The City wishes to establish rates, fees and other charges for the water and energy
services.
NOW THEREFORE the Council of the City, in open meeting assembled, ENACTS AS
FOLLOWS:
ADMINISTRATION
1.
This Bylaw shall be known and cited as the Multi Utility Bylaw No. 1291, 2010.
2.
The City of Langford Multi Utility, including Water and Energy Services, is established as
a municipal service.
3.
Unless and until further authorized by the CRD, the Water Services may be provided to
any residential, commercial, industrial or institutional properties within the area known as
Westhills and shown hatched on the plan attached as Schedule A. The Energy Services
may be provided to any residential, commercial, industrial or institutional properties
within the Service Area in accordance with the Schedules attached to this bylaw.
4.
The Water and Energy Services must be provided and used in accordance with the
terms and conditions set out in Schedules B and F (General Terms and Conditions).
5.
The rates, fees and charges payable in respect of the Water Services are those set out
in Schedules C, D & E which are based on the cost of providing, maintaining and
expanding the Water Services and may be different for different properties and buildings
based upon the use, capacity and consumption of those properties and buildings.
6.
The rates, fees, and charges payable in respect of the Energy Services are those set out
in Schedules G & H which are based on the cost of providing, maintaining and
expanding the Energy Services and may be different for different properties and
buildings based upon the use, capacity and consumption of those properties and
buildings.
7.
The City may provide the Services directly or through another person or organization
(the Service Provider).
Multi Utility Bylaw No. 1291, 2010
_ _ _ ^ _
Page 2
8.
The City authorizes its officers and employees and the officers, employees, agents,
servants, contractors and subcontractors of the Service Provider to enter onto any
property or into any building applying for, connecting or connected to or using the Water
Service or Energy Service, or required to apply for connection to and use the Energy or
Water Service, to connect or disconnect the Energy or Water Service and to inspect and
determine whether all regulations, prohibitions and requirements contained in this Bylaw
and the General Terms and Conditions are being met.
9.
The City authorizes its officers and employees and the officers and employees of the
Service Provider to require persons applying for, connecting or connected to or using the
Energy or Water Services to provide security with respect to the Energy or Water
Services in an amount reasonably determined by the City or the Service Provider.
10.
The City or the Service Provider may discontinue providing the Energy or Water
Services to a person or property because of:
(a)
unpaid fees or charges in relation to the Services; or
(b)
non-compliance with the General Terms and Conditions or the provisions of this
Bylaw.
11.
The City or the Service Provider may discontinue providing the Energy or Water
Services to a person or property upon providing not less than 48 hours' written notice
specifying the reasons for the discontinuance.
12.
(1)
A person whose Energy or Water Services are discontinued for non-compliance
with the General Terms and Conditions or the provisions of this Bylaw other than
a failure to pay fees or charges payable in respect of the Energy or Water
Services may appeal the discontinuance to the Council of the City by delivering
to the City, within 10 days of the date of the written notice of discontinuance,
written notice of their intention to appeal stating in a concise fashion the grounds
upon which the appeal is based.
(2)
If at the time of the receipt by the City of a written notice of intention to appeal,
the Energy or Water Services have not yet been discontinued, the decision of the
City or the Service Provider to discontinue the Energy or Water Services shall be
stayed until the appeal has been considered by the Council unless the Services
are to be discontinued for reasons which the City or the Service Provider
reasonably believe will endanger persons or property, including the property of
the City or the Service Provider, in which case the decision will not be stayed and
the Services may be discontinued in accordance with the notice of
discontinuance.
(3)
The Council, having considered the representations of the person who has
received notice of discontinuance, may confirm the discontinuance or advise the
Service Provider to continue providing the Service and may specify conditions
under which the Service Provider must continue providing the Service.
Multi Utility Bylaw No. 1291, 2010
Page 3
13.
If any account rendered for Water or Energy Service is not paid in accordance with this
Bylaw and its Schedules by December 31 in the year in which the account was levied,
the City, upon the request of the Service Provider or on its own accord, shall add the
amount of the unpaid rates, fees and charges to the tax roll in respect of the real
property or improvements to which Water or Energy Service has been provided, as fees
imposed for work done or services provided to land or improvements. Such amounts are
a charge and lien on the land and improvements having the priority ascribed to them by
s. 259 of the Community Charter and may be collected in the same manner and with the
same remedies as property taxes, with interest at the prescribed rate.
14.
A person who contravenes this Bylaw or the Terms and Conditions commits an offence
and is liable, on conviction, to the penalties set out in the Offence Act.
15.
This Bylaw may be cited for all purposes as "Multi Utility Bylaw No. 1291, 2010".
READ A FIRST TIME this 7th day of June, 2010.
READ A SECOND TIME this 7th day of June, 2010.
READ A THIRD TIME this 7th day of June, 2010
ADOPTED this 21
st day of June, 2010.
MAYOR
Multi Utility Bylaw No. 1291, 2010
Page 4
LIST OF ATTACHED SCHEDULES
SCHEDULE A
SERVICE AREAS
SCHEDULE B
GENERAL TERMS AND CONDITIONS - WATER SERVICE
SCHEDULE C
CONNECTIONS AND CONNECTION CHARGES
SCHEDULE D
CONSUMPTION RATES AND SERVICE CHARGES
SCHEDULE E
MISCELLANEOUS FEES AND CHARGES
SCHEDULE F
GENERAL TERMS AND CONDITIONS -ENERGY SERVICE
SCHEDULE G
STANDARD FEES AND CHARGES
SCHDEULE H
STANDARD RATE SCHEDULE
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SCHEDULE B
WATER SERVICE TERMS AND CONDITIONS
ADMINSTRATION
1.
DEFINITIONS
In this Schedule:
"British Columbia Plumbing Code" means the applicable plumbing provisions of the
British Columbia Building Code.
"Complex" means a structure containing more than one dwelling or commercial unit
which receives Water Service, and without restriction, includes apartments,
condominiums, townhouses, mobile home parks, campgrounds, recreation centres, golf
courses, cemeteries, hospitals, and farms.
"Connection Charge" means the charges prescribed for a water service connection in
Schedule C.
"City" means the City of Langford.
"City Engineer" means the person appointed to that position by the Council of the City,
and any person authorized to act on behalf of the City Engineer.
"Customer" means a Person who is being provided Water Service or who has filed an
application for Water Service with the Service Provider and has been accepted by the
Service Provider.
"Engineering Specifications" means the engineering specifications and standard
drawings prescribed in the City's Subdivision and Servicing Bylaw No. 1000, as
amended from time to time.
"Fire Chief" means the person appointed to that position by the Council of the City, and
any person authorized to act on behalf of the Fire Chief.
"Fire hydrant" means a hydrant installed for fire suppression purposes, together with all
its valves and fittings, and that are connected to a Water Service Main.
"Fire line" means a pipe that is intended solely for the purposes of providing a standby
supply of water for fire protection and suppression purposes.
"Highway" means a street, road or lane open to public use and maintained by the City,
and may include a private right of way on private property.
"Person" means a natural person, partnership, corporation, society, unincorporated
entity or body politic.
"Water" means water that meets the requirements of the Provincial regulations and is
safe to drink and fit for domestic purposes without further treatment.
"Premises" means a building, a separate unit of a building, or machinery together with
the surrounding land.
"Premises Isolation" means preventing backflow into the waterworks system from a
Customer's Premises by installing a suitable backflow preventer in the Service line at or
near the Water Service Connection point.
"Private water service pipe" means the pipe and its fittings that are intended to
distribute water within any Premises and that are connected to the Water Service Pipe
by a Water Service Connection.
"Water Rate" means the amount set out in Schedule D to be paid by a Customer for the
quantity of water supplied to the Customer.
"Service Area" means the parts of the City designated by resolution of the City's
Council for the provision of Water Service.
"Service fee or charge" includes the amounts set out in Schedules C, D, and E.
"Service Provider" means the Person who provides Service to Customers in
accordance with the General Terms and Conditions, including without limitation, SSL -
Sustainable Services Ltd., and its successors, assigns, officers, employees, servants,
agents and contractors.
"Shut off water" means to turn off the water supply by closing a Service Provider-
owned valve or by any other means approved by the Service Provider.
"Special reading" means a meter reading requested by a Customer and which occurs
other than on the scheduled reading date.
"Turn on water" means to allow the flow of water by opening a Service Provider-owned
valve or by any other means approved by the Service Provider.
"Unit of Water" means a unit of measurement, the equivalent of 1.0 cubic metre, or
1,000 litres, or 35.3 cubic feet, or 220 imperial gallons of water.
"Waterworks system" includes every part of the Service Provider's system for the
supply of water within a Service Area.
"Water Meter" means an assembly of metering and ancillary equipment that measures
the amount of Water delivered to a Customer.
"Water Service" means the delivery of water through the Waterworks system to
Premises.
"Water Service Connection" means the Service Provider installed fitting that is farthest
downstream from the Service Provider's water service main.
"Water Service Main" means the Service Provider-owned water pipes which serve
portions of the Waterworks System within the Service Area.
"Water Service Pipes" mean the Service Provider-owned pipes and their fittings either
under or within a street, or within an easement held by the City or the Service Provider,
that are intended to carry water from the Water Service Main to a Water Service
Connection.
2.
Service Area
2.1
These General Terms and Conditions refer to the provision of water in the City or
designated portions of the City and other areas as may be added from time to time by the City.
3.
Water Service Connections
3.1
Application Requirements - Requesting Services: A Person requesting the Service
Provider to provide Service, including:
(a)
providing Water Services;
(b)
providing a Water Service Connection;
(c)
re-activating existing Water Service Connections;
(d)
transferring an existing water account;
(e)
changing the type of Water Service provided; or
(f)
making alterations to existing Water Service Connections or Meters,
must apply to the Service Provider in person, by mail, by telephone, by facsimile or by
other electronic means as the Service Provider may establish.
3.2
Required Documents - An applicant for Service may be required to sign an application
and a Service Agreement provided by the Service Provider.
3.3
All Customers, using forms provided by the Service Provider, must truthfully disclose:
(a)
their full name and address,
(b)
the diameter of the pipe through which water will be supplied,
(c)
the legal and civic location of the Premises to be supplied,
(d)
the number of individual Premises to be supplied.
3.4
All Customers of the Service Provider must inform the Service Provider of any and all
changes to their billing address, and changes to their telephone numbers.
3.5
Any misrepresentation on the part of the Customer shall be considered sufficient
grounds for refusal to provide Water Service, or if the Water Service has already been
connected, sufficient grounds to discontinue Water Service without notice.
3.6
No Water Service so disconnected may be reconnected without the deposit of a security
in an amount determined by the Service Provider, to be held until the Customer no
longer requires Water Service, and until the applicable charges have been paid for
disconnection and reconnection of the Water Service.
3.7
Separate Premises/Businesses - If a Person or Customer is requesting Water Service
from the Service Provider at more than one Premises, or for more than one separately
operated business, the Person or Customer will be considered a separate Customer for
each of the Premises and businesses. For the purposes of this provision, the Service
Provider will determine whether any building contains one or more Premises or any
business is separately operated.
3.8
Required References - The Service Provider may require a Person or Customer for
Water Service to provide reference information and identification acceptable to the
Service Provider.
3.9
At the discretion of the Service Provider, a Person or Customer for Water Service or for
a transfer of Water Service must provide written authorization enabling the Service
Provider to make inquiries regarding the Person's or Customer's credit background, in
order to verify the accuracy of the application and the ability of the Person or Customer
to provide payment for all services rendered.
3.10
The Service Provider reserves the right to deny Water Service or the transfer of Water
Service if a credit history review indicates that a Person or Customer would not be able
to provide full payment for all services rendered.
3.11
Refusal of Application - The Service Provider may refuse to accept an application for
Water Service for any of the following reasons:
(a)
a Customer occupies the Premises with another occupant who has failed to pay
the Service Provider's invoice or statement of account, security deposit, or
required increase in the security deposit in respect of other Premises which was
occupied by that occupant and the Customer at the same time;
(b)
the Customer is in receivership or bankruptcy, or operating under the protection
of any insolvency legislation and is unable to demonstrate its ability to pay the
Water Service;.
(c)
the Customer has failed to pay the Service Provider's invoice or statement in
respect of another Premises on or before the due date.
4.
Agreement To Provide Water Services
4.1
Service Agreement - The agreement for Service between a Customer and the Service
Provider will be:
(a)
the oral or written application of the Customer that has been approved by the
Service Provider and that is deemed to include these General Terms and
Conditions; or
(b)
a Service Agreement signed by the Service Provider and the Customer.
4.2
Customer Status - A Person becomes a Customer of the Service Provider when the
Service Provider:
(a)
approves the Person's application for Water Service; or
(b)
provides Water Service to the Person.
4.3
Service Connections - Subject to the following, the Service Provider will serve each
parcel of land with one Water Service Connection.
Additional Water Service
Connections may be provided at the sole discretion of the Service Provider. In the case
of buildings that have been subdivided by strata plan, except for commercial units,
unless the Service Provider decides otherwise, all strata lots and common property will
be served by one Water Service Connection and the Customer will be the Strata
Corporation.
4.4
No Assignment/Transfer - A Customer may not transfer or assign a Service
Agreement without the written consent of the Service Provider, and if approved must pay
the applicable charge in Schedule E.
4.5
Unauthorized Sale/Supply/Use - Unless authorized in writing by the Service Provider,
a Customer will not sell or supply Water supplied to it by the Service Provider to other
Persons or use Water supplied to it by the Service Provider for any purpose other than
as specified in the Service Agreement and the General Terms and Conditions.
5.
Application And Service Connection Fees & Charges
5.1
Application and Service Connection Fees - An applicant for Water Service must pay
the applicable application and Connection Charges and fees set out in the Schedules C
and E.
5.2
Reactivation Charges - If Water Service is discontinued for any of the following
reasons:
(a)
the Customer has not fully paid the Service Provider's invoice or statement with
respect to the Water Service on or before the due date;
(b)
the Customer has failed to pay the required security deposit, equivalent form of
security, or post a guarantee or required increase in it by the specified date;
(c)
the Customer has failed to apply for Water Service;
(d)
to permit Customers to make alterations to their Premises,
(e)
in accordance with other provisions of this Schedule;
and the same Customer or the spouse, employee, contractor, agent or partner of the
Customer requests reactivation of Water Service to the Premises within one Year, the
Customer for reactivation must pay the greater of:
(f)
the costs the Service Provider incurs in deactivating and reactivating the Water
Service, and
(g)
the sum of the charges set out in the applicable schedule which would have been
paid by the Customer between the time of termination and the time of
reactivation of Water Service.
6.
Security For Payment Of Account
6.1
Security for Payment of Bills - If a Customer or Person cannot establish or maintain
credit to the satisfaction of the Service Provider, the Customer may be required to
provide a security deposit in the form of cash or an equivalent form of security
acceptable to the Service Provider. As security for payment of accounts, all Customers
who have not established or maintained credit to the satisfaction of the Service Provider,
may be required to provide a security deposit or equivalent form of security, the amount
of which may not:
(a)
be less than $50; and
(b)
exceed an amount equal to the estimate of the total bill for the two highest
consecutive Months consumption of Water by the Customer.
6.2
Interest - The Service Provider will pay interest to a Customer on a security deposit at
the rate and at the times specified in the Miscellaneous Fees and Charges Schedule.
Subject to the provisions of this section, if a security deposit in whole or in part is
returned to the Customer for any reason, the Service Provider will credit any accrued
interest to the Customers' account at that time.
6.3
No interest is payable:
(a)
on any unclaimed deposit left with the Service Provider after the account for
which security was provided is closed; or
(b)
on a deposit held by the Service Provider in a form other than cash.
6.4
Refund of Deposit - When the Customer pays the final account, the Service Provider
will refund any remaining security deposit plus any accrued interest or cancel the
equivalent form of security.
6.5
Unclaimed Refund - If the Service Provider is unable to locate the Customer to whom a
security deposit is payable, the Service Provider will take reasonable steps to trace the
Customer; but if the security deposit remains unclaimed 5 Years after the date on which
it first became refundable, the deposit, together with any interest accrued, becomes the
absolute property of the Service Provider.
6.6
Application of Deposit - If a Customer's account is not paid when due, the Service
Provider may apply all or any part of the Customer's security deposit or equivalent form
of security and any accrued interest toward payment of the account. Even if the Service
Provider applies the security deposit or calls on the equivalent form of security, the
Service Provider may discontinue Service to the Customer for failure to pay for Water
Service on time.
6.7
Replenish Security Deposit - If a Customer's security deposit or equivalent form of
security is called upon by the Service Provider towards paying an unpaid bill, the
Customer must re-establish the security deposit or equivalent form of security before the
Service Provider will reactivate or continue Service to the Customer.
6.8
Failure to Pay - Failure to pay a security deposit or to provide an equivalent form of
security acceptable to the Service Provider, in the Service Provider's discretion, may
result in discontinuance or refusal of Service.
7.
Terms Of Service
7.1
Term for Residential and Commercial Service - The term of the Service Agreement
continues until the Service Agreement is terminated in accordance with the General
Terms and Conditions.
7.2
Termination by Customer - Subject to applicable local government laws, unless the
Service Agreement specifies otherwise, a Customer may terminate the Service
Agreement by giving the Service Provider at least 48 Hours notice and paying the
applicable service disconnection fee set out in Schedule E.
7.3
Continuing Obligation - The Customer is responsible for, and must pay for, all Water
Service to the Premises until the Service Agreement is terminated.
7.4
Effect of Termination - The Customer is not released from any previously existing
obligations to the Service Provider under a Service Agreement by the termination of the
agreement.
7.5
Sealing Service Connection - After the termination of Water Service to Premises and
after a reasonable period of time during which a new Customer has not applied for
Water Service at the Premises, the Service Provider may seal off the Water Service
Connection to the Premises.
7.6
Termination by the Service Provider - Subject to applicable local government laws,
unless the Service Agreement specifies otherwise, the Service Provider may terminate a
Service Agreement by giving the Customer at least 48 Hours written notice if Service is
discontinued under Section 5.2.
8.
Water Service Connections
8.1
Installation - If a Water Service Main is adjacent to the Customer's Premises, the
Service Provider will:
(a)
designate the location of the Water Service Connection to the Customer's
Premises;
(b)
install the Water Service Connection upon payment of the applicable fees and
charges set out in Schedule C; and
(c)
install the Water Service Connection from the Water Service Main to the
Customer's Premises at no additional cost to the Customer provided the Water
Service Connection follows the route which is the most suitable to the Service
Provider.
8.2
Unless permitted by the Service Provider, a Water Service Connection will be made only
to Premises fronting on a road or highway along which a Water Service Main is in place
across the complete frontage of the Premises and in which the minimum pressures
available are sufficient to provide a minimum water pressure of approximately 275
kiloPascals at peak hour demand at the Premises, and approximately 138 kiloPascals
under fire flow, in accordance with provincial guidelines.
8.3
A Water Service Connection will not be made through private property in order to service
Premises which have frontage on another road or highway, unless the Service Provider
determines that it is not practical to provide the Service at the road or highway frontage
because of the steepness of the slope from the Premises to the road or highway or other
extenuating circumstances. In this case, Water Service may be provided through a
statutory right of way (SRW) or easement over adjoining land. If the Service Provider
does not have an SRW, the Customer must arrange for the deposit in the Victoria Land
Title office of an SRW in favour of the Service Provider or the City in a form acceptable
to the Service Provider or the City, prior to the installation of the Water Service
Connection.
8.4
If Premises abut on two roads or Highways, the Service Provider will install a Water
Service Connection from the road or highway that fronts the Premises or on which it will
front when a building is constructed, or from the road or highway from which the
Premises takes its civic address.
8.5
If the civic address of Premises has not been established, the Service Provider will
install the Water Service Connection on the boundary having the shortest length
adjacent to a road or Highway.
8.6
The Service Provider will not install a Water Service Connection in the panhandle
access to Premises which also have frontage on a road or highway.
8.7
If a booster pump is required for any Water Service Connection to Premises located at
an elevation that precludes it from being serviced at a minimum pressure of 275
kiloPascals, the Service Provider must first approve the proposed Water Service
Connection.
8.8
All Water Service Connections, Water Service Pipes, and Private Water Service Pipes
installed on the Premises must comply with the B.C. Plumbing Code.
8.9
No Private Water Service Pipes or Water Service Pipes or fittings on any Premises may
be covered until they have been inspected by the Service Provider.
8.10
Installation of Pressure Regulating Devices - The Customer shall install any pressure
regulating devices required by the BC Plumbing Code, in order to reduce the pressure of
the Water Service within the Premises and to protect the Waterworks System and the
Customer.
8.11
The Service Provider is not responsible for any damage that may occur from water
pressures supplied by the Service Provider.
8.12
Provision of Vacuum Relief for Fragile Equipment - If any fragile domestic hot water
tank is installed within the boundary of the Premises receiving Water Service, the
Customer must supply each tank, at his or her own expense, with an automatic vacuum
relief to protect against collapse from excessive inward pressure.
8.13
Any equipment supplied by the Customer must comply with the BC Plumbing Code.
9.
Size Of Water Service Mains And Service Connections
9.1
The minimum permitted size or diameter of a new Water Service Main is 150 mm;
except within a cul-de-sac or other dead end road or street termination where future
extensions are precluded, a 100 mm diameter pipe may be used.
9.2
Where application is made for a new Water Service Connection to a Water Service main
less than 150 mm in diameter, the maximum pipe size permitted shall be 25 mm in
diameter.
9.3
Water Service Connections may not be less than 0.30 m and no more than 1.00 m
from a street or the boundary of an easement held by the City or the Service Provider.
9.4
If, in the opinion of the Service Provider, water demand at build out in a subdivision will
be insufficient to maintain water flow in the pipes, the Service Provider may require
installation of a dual pipe system, one pipe to provide fire flows and a smaller pipe to
provide Water Service. The additional cost of installing a dual pipe system shall be the
responsibility of the Customer.
10.
Metering Of Connections To The Waterworks System
10.1
The Service Provider will install a Water Meter for each new Water Service Connection,
upon payment of the cost of the Meter set out in Schedule C.
10.2
Minimum Allowable Size of Pipe - The minimum size of Water Service and Private
Water Service Pipes that may be used to serve any Premises is 19 mm, in diameter. If
Premises are redeveloped, the size of the Water Service and Private Water Service
Pipes must be upgraded, if necessary, at the cost of the Customer to meet the minimum
requirements.
10.3
Minimum Allowable Depth of Service Pipes on Premises - The Customer must
install all Private Water Service Pipes below ground surface at a minimum depth of 60
cm or below the maximum depth of frost penetration, wherever is greater.
10.4
Connection for Premises - The Service Provider will install a separate Water Meter
and Water Service Connection from the Water Service Main to each Premises. The size
of the Water Meter and Water Service Connection are determined by the Service
Provider.
10.5
Connection Policy for A Complex - A Complex containing commercial units shall have
individual Water Meters and Water Service Connections for each commercial unit,
unless at the request of the Customer, the Service Provider agrees to provide an
appropriately sized Water Meter and Water Service Connection to serve the entire
Complex.
10.6
If two or more buildings or structures are owned or leased by the same Customer, those
buildings designated by the Service Provider as ancillary buildings shall be connected to
the Waterworks System by means of a joint Water Service Connection with another
separate building or structure.
10
11.
Conditions For Water Service Connections To A Subdivision
11.1
If the Service Provider installs a Water Service Main for a new subdivision, the Service
Provider will provide each lot in the subdivision with a Water Service Connection at the
same time as the Water Service Main is installed, with all costs being paid by the
developer of the subdivision and the following requirements also apply:
(a)
If the developer installs the Water Service Main extension, the developer must
also install the Water Service Connections, with materials approved by the
Service Provider. The developer must supply legal plans, construction drawings,
a survey layout and prepare the site as required by the Service Provider and pay
the applicable fees in the Miscellaneous Fees and Charges schedule.
(b)
The developer is responsible for the cost of the supply and installation of the
Water Service Connections. Upon completion of the installation, the developer
must pressure test and disinfect the Water Service Connection. Installations
failing to perform to the satisfaction and standards of the Service Provider must
be repaired at the expense of the developer.
(c)
The Service Provider will complete the final connection to the Water Service
Main, at the expense of the developer. All works installed by the developer
become part of the Waterworks System. The Service Provider will install all
Water Meters.
(d)
When a developer installs Water Service Main extensions and Water Service
Connections, the developer must pay the charges specified in Schedule E for the
Service Provider's Final Inspection and Construction Completion Certificate. The
Customer must supply as-constructed drawings for review by the Service
Provider.
(e)
When a developer installs Water Service Main extensions and Water Service
Connections, the developer must warrant that the installation will be free from
defects or deficiencies for one year from the final inspection of the installation by
the Service Provider.
For this purpose, the Service Provider may require a
developer to post security in the amount estimated by the Service Provider,
acting reasonably.
11.2
Plumbing Regulations Compliance - The Service Provider may require that a
Customer for a new Water Service Connection submit to the Service Provider, prior to
connection to the Waterworks System, a copy of the plumbing inspection certificate,
demonstrating compliance with any applicable plumbing regulations in relation to the
laying of pipes and their connections within the boundaries of the Premises to be
connected.
11.3
Fire Lines - A Person who applies for a fire line connection must pay the connection fee
prescribed in Schedule E. A fire line connection must be fitted with a detector check
meter that is satisfactory to the Service Provider.
11
12.
Temporary Supply Of Water
12.1
A person who wants to obtain a temporary supply of water for construction purposes
(a)
may apply to the Service Provider for a connection to a fire hydrant or to an
existing Water Service Pipe;
(b)
must pay the fee prescribed in Schedule E and a consumption charge based on
the rates prescribed in Schedule D.
12.2
Any permitted temporary connection to a fire hydrant must be installed and removed by
the Service Provider.
If an existing Water Service Pipe is available but is of an
inadequate size for continued use, a Person wanting a temporary supply of water may
apply for a reinstatement of that Water Service Pipe. A temporary service connection
must be equipped with a cross connection control device installed by the Service
Provider, in accordance with the CRD's Cross Connection Control Bylaw, at the cost of
the Person applying. The Service Provider may discontinue a temporary water service
when an application is made to establish permanent Water Service at the location.
12.3
Temporary Supply Meter - A permitted temporary service connection to an existing
Water Service Pipe must be equipped with a Water Meter. If a Water Meter cannot be
installed, the Person must pay a consumption charge based on the amount of water the
Service Provider estimates will be consumed and any applicable fees prescribed in
Schedule E.
13.
Emergency Connection Or Installation Of Water Service Connections
13.1
In an emergency, the Service Provider shall endeavor to provide or deliver water to
Premises requiring Water Service, and any applicable charges shall be included in the
next Water Service invoice or statement of account to the Customer.
14.
Charges And Payment For New Service Connections
14.1
At the time an application is approved for Water Service to Premises that front on a road
or Highway in which a Water Service Main exists, from which the Water Service
Connection will be made, and which has not previously been connected to the
Waterworks System, the applicable Connection Charge shall be paid in full by or on
behalf of the Customer prior to the commencement of any work by the Service Provider.
15.
Customer Responsibility For Additional Costs And Expenditures
15.1
A Customer who applies to the Service Provider for work that is not covered by the
Schedules attached to this Schedule shall pay any additional costs incurred by the
Service Provider.
15.2
The costs shall include repayment of all monies expended by the Service Provider for
gross wages and salaries, employee benefits, and materials, as calculated by the
Service Provider, plus an administrative overhead charge of up to 20 percent.
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15.3
The costs shall also include any expenditure for equipment rentals, at rates paid or set
by the Service Provider for its own equipment, as well as any other costs that may
reasonably arise during completion of the work.
16.
Payment Procedure For Additional Costs And Expenditures
16.1
The Service Provider shall provide the Customer with a written estimate of the total cost
of the work requested.
16.2
Prior to the commencement of any work, the Customer shall pay to the Service Provider
the full amount estimated, including any and all Water Service Connection and
Application charges.
16.3
Reconciliation of Paid Estimates and Actual Costs - Upon completion of the
requested work, the Service Provider shall provide the Customer with a calculation of the
actual total cost.
16.4
If the total cost of the requested work is less than the advance payment deposited with
the Service Provider, the Service Provider shall refund the difference, without interest.
16.5
If the total cost of the requested work including the applicable Connection Charges are
more than the amount deposited, the Service Provider shall provide an invoice to the
Customer for the difference, which is payable immediately upon receipt by the
Customer.
17.
Rejection Of Application Where Service Connection Impossible
17.1
The Service Provider may refuse the installation of a Water Service Connection if the
City will not permit the cutting of pavement of a City street or if solid or blast rock or other
impediment makes boring impractical or impossible.
18.
Engineering Services
18.1
Where a request for technical information is received requiring engineering services by
the Service Provider, the Customer requesting the services shall pay the applicable
service charge for engineering services prescribed in Schedule E.
WATER METERS
19.
Supply And Maintenance Of Water Meters
19.1
The Service Provider must supply, install and maintain all Water Meters, except as
provided below.
19.2
The Customer may install a Water Meter supplied by the Service Provider in a
mechanical room approved by the Service Provider.
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19.3
The Customer shall pay all applicable charges prescribed in the applicable Schedule for
Water Meters. Where the Customer installs the Water Meter in a mechanical room, the
Customer shall pay the actual cost of the Water Meter.
20.
Location Of Water Meter In Relation To Premises
20.1
The Service Provider will install the Water Meter approximately 30 cm outside the
boundary line of the Premises street frontage, at the finished grade elevation established
prior to installation of the Water Service Connection.
20.2
If the street or road right of way is not of sufficient width or the installation of public works
or other utilities precludes the installation of the Water Meter at the location specified in
the preceding section, the Water Meter shall be set as near to the boundary line as
reasonably possible.
20.3
Where the relocation of a Water Service requires a new Water Service Connection to the
Water Service Main the Customer shall pay all costs for the relocation of the Water
Service Connection and Water Meter by the Service Provider as prescribed in
Schedules C and E.
20.4
If the relocation or adjustment of a 19 mm Water Meter service box located within 1.5 m
of the original location is required, or if the Customer provides the trench and backfill
required at the discretion of the Service Provider, the Water Meter service box may be
located up to a maximum of 6 m from the original location. The Customer shall pay the
charge prescribed in Schedules C and E for the required relocation or adjustment of the
19 mm Water Service Connection.
20.5
Where a request is made to downsize or increase an existing Water Meter of 50 mm or
less (inlet pipe diameter), the Customer shall make an advance, non-refundable
payment to the Service Provider as prescribed in the applicable Schedule.
20.6
If an underground Water Meter chamber is required and is to be installed on the
Premises to be served, a statutory right-of-way must be registered in favour of the
Service Provider or the City in priority to all financial charges against the Premises. The
right-of-way shall be of sufficient area and dimensions to accommodate the Water Meter
chamber and that portion of the Water Service Connection located on the Premises
upstream of the chamber. The terms of the right-of-way agreement shall be subject to
the approval of the Service Provider or the City.
20.7
If it is not feasible or practical to install the Water Meter at the street boundary of the
Premises to be served, the Service Provider may install the Water Meter within the
Premises in a mechanical room if the location of the mechanical room within the
Premises and the layout of the Private Water Service Pipes has been approved by the
Service Provider.
20.8
The Customer shall permit the Service Provider to access the mechanical room referred
to in the preceding section at all reasonable times for the purposes of making
connections or disconnections, reading Water Meters, and inspecting, maintaining and
replacing the Water Meter.
20.9
The Service Provider is responsible for the Water Service permitted under the preceding
sections only to the boundary of the Premises, and for the Water Meter installed within
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the mechanical room. The Customer is solely responsible for all other parts of the
Waterworks System located within the boundaries of the Premises.
20.10 Water Meters may not be installed in the driveway, paved area, or similar finished areas
of Premises without the prior approval of the Service Provider. Where a Water Meter
must be installed in such an area, it must comply with the applicable Engineering
Specifications. The Customer is liable for the costs of any relocation, alterations or
driveway repairs required to meet the Engineering Specifications.
20.11 For parts of a Complex, the Service Provider will determine the location of Water Meters
and Water Meters shall be installed as near as practicable to the frontage of each strata
lot and not in the driveway. The Customer shall permit the Service Provider to access
the Complex for the purpose of reading and servicing the Water Meters.
20.12 Where a Water Meter is damaged due to construction, the Customer must pay all costs
for replacement of the meter and its apparent equipment.
21.
Connection Of Water Meter To Waterworks
21.1
Every Water Meter must connect to a Water Service Pipe.
21.2
Neither a shut off valve nor any other outlet, leading or connected to the Premises for
the supply of which a Water Meter is fixed, may be attached to the Water Service Pipe.
22.
Defective Or Inaccurate Water Meters
22.1
If a Water Meter either fails to register or does not properly indicate the flow of water, the
Service Provider shall estimate the amount of water consumed by the Customer
according to the estimation procedures prescribed in Section 65.
22.2
The Service Provider may bill the Customer for the estimated amount of water
consumed.
23.
Willful Interference With Water Meters
23.1
No Person may alter or cause to be altered any Water Meter placed upon any Water
Service Pipe or Water Service Connection therewith, within or without any house,
building, or other place or structure, so as to lessen or alter the amount or flow of water
registered, unless authorized by the Service Provider for that particular purpose and
occasion. The person or Customer responsible for the alteration must pay the charges
prescribed in Schedules C and E, including any replacement costs.
24.
Water Meter Access
24.1
The Customer must maintain clear access to the Water Meter to a minimum of one m on
each side of the Water Meter box and one and one-third m above.
If the Service
Provider must clear access to the Water Meter box to obtain a reading, these additional
costs shall be added to the Customer's water account.
15
INTEGRITY OF WATERWORKS
25.
Responsibility For Cross Connection Control And Backflow Prevention
25.1
The Customer is responsible for all aspects of cross connection control and backflow
prevention on Premises in accordance with the applicable regional district regulations
and the Engineering Specifications.
25.2
All service connections at Premises classified as high or moderate hazard by CAN/CSA
B64.10 must be isolated using a backflow preventer as specified in the Engineering
Specifications.
25.3
All new irrigation systems require the installation of a backflow preventer as specified in
the Engineering Specifications.
26. Where A Contamination Of The Waterworks Has Occurred
26.1
If in the opinion of the Service Provider, any condition is found to exist, which is or may
be contaminating the Waterworks System, the Service Provider may take one or more of
the following actions:
(a)
give notice to the Customer requiring correction of the condition within a specified
time period;
(b)
require installation of a backflow preventer on any pipe, at the Customer's
expense; and
(c)
temporarily discontinue any Water Service until the condition is corrected.
27.
Responsibility For Correcting Contamination
27.1
The Service Provider may discontinue all Water Service to any Premises that is or may
be contaminating the Waterworks System, if the Customer responsible for the Premises
fails to comply with any notice concerning potential contamination.
27.2
The Customer is responsible for and must pay the Service Provider for the costs of the
Service Provider to remedy any contamination and any costs, claims, losses, and
demands resulting from any third party claims as a result of the contamination.
28.
Fire Hydrants And Standpipes
28.1
Authorized Use of Hydrants and Standpipes - A fire hydrant or standpipe may be
used only for fire fighting, the training of fire fighting personnel, the maintenance and
operation of the Waterworks System, or for any other purpose expressly authorized in
writing by the Fire Chief.
28.2
A Person who uses water from a hydrant or standpipe without the authorization of the
Service Provider must pay to the Service Provider the service charge for using the
hydrant or standpipe without authorization as prescribed in Schedule E.
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28.3
When a fire hydrant is required as part of a new development, the Customer must pay
the applicable charge prescribed in Schedule E.
29.
Required Specifications For Fire Hydrants And Standpipes
29.1
The size, type and installation of fire hydrants must conform to the Engineering
Specifications.
30.
Relocation Of Fire Hydrants Or Standpipes
30.1
If the Fire Chief requests the relocation of a fire hydrant or standpipe that has been in
place for fewer than twenty years, the City shall pay any and all costs associated with
the relocation of that fire hydrant or standpipe, as calculated by the Service Provider.
DISCONNECTION OF WATER SERVICE
31.
Withholding Of Water Service
31.1
The Service Provider may withhold Water Service from any Person who is already
indebted to it for water.
32.
Customer Requested Disconnection Or Discontinuance Of Water Service
32.1
A Customer who requests a Water Service disconnection must pay the applicable
service charge prescribed in Schedule E.
32.2
A Customer who wishes to discontinue Water Service for a period of not less than one
month must give the Service Provider at least five clear days' written notice of the
requested discontinuance, otherwise the Customer is responsible for the Water Rate
and charges for payment for all Water Service until such notice has been received. After
receipt of notice from the Customer, the Service Provider will not charge a water rate to
the Customer during the time that the water service is discontinued.
33.
Unauthorized Water Connections
33.1
Where a Water Service Connection has been made or where Water Service has been
turned on without proper authority, the Service Provider may disconnect the Water
Service and remove the Water Meter and thereafter refuse to replace or reinstall the
Water Meter unless and until the applicable service charges have been paid in advance
by or on behalf of the Person or Customer to defray the cost of the removal and
replacement of the Water Meter.
33.2
The service charge shall be in addition to any other charges which are outstanding
against the Premises, or which are required to be paid in order to receive Water Service
pursuant to these Terms and Conditions.
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34.
Charge For Unauthorized Water Connections
34.1
A Person who installs a connection to the Waterworks contrary to this Schedule, or to
the Water Service of any authorized Customer served by the Service Provider, or in any
way obtains or uses water without the express written authorization of the Service
Provider, shall pay the service charge prescribed in Schedule E for the unauthorized
connection, plus the estimated Water Rate for each day that the connection remains in
place.
34.2
In addition, anyone making unauthorized use of water delivered through a Water Meter
shall be liable for the cost of the Water Service from and after the date of the last
recorded Water Meter reading, or from and after the date of any previous Water Meter
reading that may more nearly coincide with the actual day the Water Service was first
used by such consumer.
35.
Charge For Unauthorized Multiple Use Of A Service Connection
35.1
The connection of two or more dwellings to a Water Service is not permitted.
The
Service Provider may issue written notification to the Customer to have the dwellings
disconnected or to apply for additional Water Service Connections in accordance with
the provisions of this Schedule. The Customer shall be given a maximum of 90 calendar
days to comply with the notice. If the Customer fails to comply with the notice from the
Service Provider, the Service Provider may levy the prescribed charge for each dwelling
found to the connected and add the charge to the Customer's account.
36.
Service Discontinuance For Non-Compliance
36.1
The Service Provider may discontinue Water Service to any Customer for non-
compliance with the terms and conditions of this Schedule, and any applicable regional
district regulations, and need not resume the Water Service until proof of compliance is
demonstrated, and until the applicable prescribed charges for disconnection and
subsequent reconnection, and a security deposit in an amount equal to two times the
highest invoice or statement in the previous three billing periods, or previous twelve
months, whichever is greater, have been paid and provided to the Service Provider.
37.
Physical Disconnection Of Waterworks For Bylaw Violation
37.1
The Service Provider shall effect a disconnection of Water Service by detaching the
Water Service Connection from the Customer's Premises, and upon reapplication for
Water Service the Customer must pay the Service Provider the cost of performing the
disconnection and reconnection in addition to paying any other applicable rates and
charges.
38.
Resumption Of Water Service
38.1
Water Service shall not be turned on or reconnected until all outstanding charges for
services rendered and charges accrued, including any applicable interest charges and
penalties, for the Premises have been paid in full.
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38.2
These provisions apply when there has been a change in the Customer for Water
Service.
39.
Charges For Water Service And Resumption Of Water Service
39.1
Where any applicable charges have been paid according to the requirements of this
Schedule, and a Customer receives Water Service when the Service Provider turns on
the water, or when a Customer becomes reconnected after Water Service has been shut
off either for non-payment of rates, for violation of the terms and provisions of this
Schedule or any bylaw, or at the request of the Customer, the Customer must pay the
prescribed charges for any such turn on of Water Service.
PAYMENT FOR SERVICES RENDERED
40.
Billing
40.1
The Service Provider will calculate all Water Rates, fees, and charges in accordance
with the applicable schedule, and the rates, fees and charges are due and payable
within 30 days from the date of the invoice or statement, at the Service Provider's office
or in any other manner authorized by the Service Provider.
41.
Billing Periods for Various Services
41.1
The Service Provider will issue invoices or statements for water rates, fees and charges
at the time intervals it may determine.
42.
Payments
42.1
If a cheque issued to the Service Provider by a Customer is not honoured by a financial
institution, be it a bank, credit union, trust company, or any other financial institution, the
Customer must immediately pay the prescribed account service charge prescribed in
Schedule E, in addition to any outstanding amount due to the Service Provider.
42.2
Failure to pay either the outstanding amount or the account service charge may result in
discontinuance of Water Service provided to that Customer, as indicated on the invoice
or statement from the Service Provider.
42.3
If Water Service is discontinued as the result of non-payment, the Service Provider will
not permit the water to be turned on for any Customer, except upon payment of the
entire amount due together with the prescribed charges for the expense of turning the
Water Service off and on.
43.
Appeal of Calculation of Water Rates
43.1
Any Customer may formally register a complaint or dispute with the Service Provider
regarding the amount of any water invoice or statement, no more than 30 days from the
date of invoice or statement.
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44.
Responsibility for Payment
44.1
Where the ownership of Premises has changed, the new owner is encouraged to see
that any outstanding Water Rates, fees or charges have been included in the statement
of adjustments at the time of their purchase of the Premises, failing which the new owner
is responsible for any amounts outstanding for the Premises.
44.2
The fee for a copy of a Customer's account, statements or payment history is prescribed
in Schedule E.
45.
Water Consumption Charges Or Service Charges In Arrears
45.1
The Service Provider must notify the City of any rates, fees and charges due and
payable under this Schedule on December 31 and unpaid at that date so that they may
be added to the real property taxes and collected as taxes in arrears, except for
properties exempt from assessment for taxation. The City shall remit the charges to the
Service Provider when they are paid, less the charge for transfer to taxes specified in
Schedule E.
46.
Additional Charges For Delinquent Bill
46.1
If the amount due for Water Service and charges on any invoice has not been received
in full by the Service Provider or its agent on or before the due date specified on the
invoice, and the unpaid balance is $15 or more, the Service Provider may include in the
next invoice to the Customer the late payment charge and interest as set out in
Schedule D.
46.2
The Customer must pay any additional charges incurred in the collection of unpaid water
accounts to the Service Provider prior to the reconnection of water service.
46.3
The additional charges may include, but are not limited to, charges incurred through the
use of any collection agencies, or other methods employed in retrieving unpaid
accounts.
46.4
The Service Provider may add a late payment charge of 2.5% of the past due amount
per month, in addition to any interest which may have accrued.
WATER SYSTEM MAINTENANCE
47.
Ownership of Services and Equipment
47.1
All Water Service Pipes, Water Service Connections, Water Meters, used to carry water
from the Water Service Main to the meter box or chamber for the Premises are solely
owned by the Service Provider. The Service Provider is responsible for the operation,
maintenance and repair of the Waterworks System up to and including the meter service
box or chamber. The Customer is responsible for the Private Water Service Pipes
including the detection and repair of all leaks.
20
48.
Policy on the Performance of Maintenance Work
48.1
No Person who is not an agent or employee of the Service Provider may make any
connections or alterations to or tamper with any of the Waterworks System, including
any water meter belonging to the Service Provider.
48.2
No Person who is not an agent or employee of the Service Provider may turn on or off
any valve or curb stop, without express written authorization from the Service Provider.
49.
Transfer of Water Service
49.1
Where a Customer of Premises has changed as the result of a change in ownership or a
change in the occupants in the Premises, the owner or occupant must request a transfer
of Water Service.
49.2
Requests for a transfer of Water Service must be made to the Service Provider, by the
owner or occupant of the Premises for which the transfer is requested, and are subject
to the applicable service charge prescribed in Schedule E and the provisions of section 3
of these Terms and Conditions.
50.
Reasonable Access to Premises
50.1
The Service Provider may enter the Customer's Premises at all reasonable times for the
purposes of making connections or disconnections, reading Water Meters, inspecting its
Waterworks System, or documenting or confirming the use, waste, or misuse of water
provided by the Service Provider.
50.2
When a Customer who has requested a service call or who has been given advance
notice of a required service will not permit the Service Provider to provide the service
during the course of normal business hours of the Service Provider, the Customer must
pay the applicable service charges prescribed in the Schedule E for the service plus a
premium of one hundred percent.
51.
Special Meter Readings
51.1
Upon either written or oral request of a Customer and payment of the applicable charge
in Schedule E, the Service Provider shall perform a special meter reading within ten
business days.
52.
Interruptions in Service
52.1
The Service Provider is not liable for interruptions in Water Service not attributable to its
own negligence or willful misconduct or the negligence or willful misconduct of its
officers, employees or contractors.
52.2
The Service Provider may suspend or terminate the Water Service to any Premises
without advance notice, in order to effect emergency repairs, replacements, alterations,
or extensions to the Waterworks System as in the opinion of the Service Provider are
deemed necessary.
21
52.3
Where possible, the Service Provider will provide a minimum of one business day's
notice of any temporary discontinuation of Water Services.
53.
Liability for Damage Caused by Service Pipe Breakage
53.1
The Service Provider is not liable for any damage caused, or appearing to be caused by
the breaking of any Water Service Main, any portion of the Waterworks System, or for
any losses caused by temporary interruption or permanent discontinuation of Water
Service for the purpose of repairing, maintaining, or cleaning the pipes, or for the
connection of a Water Service Main extension.
54.
Locking Mechanisms
54.1
If a Customer is in default of any provision of this Schedule, or is indebted to the Service
Provider either for Water Service or other fees or charges rendered under this Schedule,
in addition to discontinuing the Water Service to the Customer's Premises, the Service
Provider may physically place a locking mechanism on the Waterworks System within or
immediately outside the Premises.
54.2
The locking mechanism may not be removed until the service charge for the removal
prescribed in Schedule E, and all other charges accruing for the Water Service have
been paid in full, including any applicable interest charges, and any required security has
been deposited with the Service Provider.
55.
Physical/Mechanical Requirements of Customer's Pipes and Fixtures
55.1
At their own risk and expense, all Customers must keep their Private Water Service
Pipes, and other fixtures in good working order and protect them from frost and other
damage.
55.2
If in the normal course of business, the Service Provider becomes aware of any
evidence of leaking pipes or fixtures located on any Premises, the Service Provider must
attempt to notify the Customer or Customers of the circumstances.
55.3
The Service Provider is not responsible for leaking pipes or fixtures located on any
Premises, or for a failure to notify the Customer of any such circumstances.
56.
Leaking or Defective Customer's Pipes
56.1
The Customer must provide a shut off valve in accordance with the BC Plumbing Code,
inside each building, dwelling, or other structure on the Premises being served and in
which water is used, in case of leaky or defective pipes or fixtures, or if the Premises are
vacated for any period of time.
57.
Disturbance Causing Apparatus
57.1
No Person, whether or not a Customer of the Service Provider, may connect or permit to
remain connected to any apparatus, fitting, or fixture anything which may cause noise,
pressure surges, or any other disturbance which, in the opinion of the Service Provider,
might result either in annoyance to any Customer of the Service Provider or damage to
any Private Water Service Pipe or to the Waterworks System.
22
58.
Time Frame for Repairs After Notification
58.1
If repairs deemed necessary to the proper operation of damaged or leaking pipes are not
completed by the Customer within two business days following Service Provider
notification, or when the condition of the pipes or fixtures causes a serious loss of water,
without providing further notice, the Service Provider may shut off the water.
58.2
The Service Provider will not turn on water until the repairs required by the Service
Provider have been made to its satisfaction, and any applicable charges have been paid
by the Customer.
58.3
No Person whose water is discontinued pursuant to this section has any claim
whatsoever against the Service Provider or the City for discontinuance of water.
59.
Construction Policy
59.1
The Service Provider may refuse to install or to permit the installation of Water Service if
weather or other conditions make installation impractical.
59.2
Where Water Meters are damaged due to construction, the Customer must pay the
Service Provider for a new Water Meter.
59.3
The Service Provider will not perform any work on Private Water Service Pipes.
60.
Call Out Charges
60.1
A Customer is solely responsible for the satisfactory operation of Private Water Service
Pipes within the boundaries of the Premises.
60.2
If the Service Provider is called out for a Customer complaint relating either to
interrupted or diminished Water Service or low water pressure, and the Service Provider
determines that the fault is not in the Waterworks System, the Customer must pay the
hourly service charge prescribed in Schedule E, to cover any costs associated with the
response to the Customer's complaint.
60.3
If the charges are not paid before the Customer's next regular water invoice or statement
is rendered, the Service Provider will add the charges to the Customer's account.
60.4
If the Service Provider determines that the interrupted or diminished Water Service or
low water pressure is caused by a fault in the Waterworks System, no charge for the call
out or subsequent repair of the fault shall be levied.
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61.
Frozen Pipes
61.1
Customers are wholly responsible for clearing any frozen pipelines or fixtures located on
or within the boundary of their Premises.
61.2
If the Service Provider is requested to clear a frozen connection or Water Meter, and the
Service Provider determines that the affected pipeline or fixture is not located within the
Waterworks System, the Customer or Customers who requested assistance must pay
the applicable service charge prescribed in Schedule E, to cover any costs for
examining or clearing any pipes or fixtures.
61.3
If the charges are not paid before the Customer's next regular water invoice or statement
is rendered, the Service Provider will add the charges to the Customer's water account.
61.4
If a frozen connection or Water Meter is found to exist within the Waterworks System, no
charge for examining or clearing any pipes may be levied against the Customer.
62.
Maintenance of Hydrants/Stand pi pes
62.1
The Service Provider must inspect, test, and maintain each hydrant or standpipe,
including those on strata or private developments where agreed to by the Customer.
The costs for repair or replacement of private hydrants or standpipes are the
responsibility of the Customer who owns the hydrant or standpipe.
62.2
The Fire Chief is responsible for painting each fire hydrant and standpipe, as required.
63.
Miscellaneous Charges for Other Services
63.1
Any other Services not specifically addressed in this Schedule that may be provided by
the Service Provider are subject to either a service charge or an hourly rate charge as
prescribed in Schedule E, or at the discretion of the Service Provider, to a charge
according to an estimated total cost.
64.
Adjustments to the Water bill for Leaks in the Waterworks
64.1
The Service Provider, upon receiving an application for an adjustment in an account due
to a water leak in the Waterworks System, may adjust the amount of any water account
for Premises where the Service Provider determines that the recorded supply is
abnormal and caused by leaks originating in the Private Water Service Pipes of the
Customer.
64.2
If the Service Provider permits a water account adjustment, the Customer is responsible
for the usual amount of water consumed at the current retail rate plus 50% of the current
retail rate for the water consumed as a result of the leak.
64.3
The Service Provider shall absorb the remainder of the cost of water.
64.4
In order to qualify for an account adjustment, the leakage of water must have been
caused by circumstances beyond the Customer's control, such as a break in the Private
24
Water Service Pipe, a mechanical malfunction, water theft, vandalism, or unusual or
emergency conditions.
64.5
The Service Provider will not make any adjustment for leaks in internal plumbing
systems and fixtures, including faucets and toilets, or leaks in an irrigation system on the
Premises.
64.6
A determination of whether or not an account adjustment will be made is in the sole
discretion of the Service Provider, which may take into consideration the cause of the
water loss, the opportunity of the Customer to detect the leak, the possibility of Customer
negligence or fault in connection with the leak, and the promptness with which the leak
was discovered and stopped or repaired after discovery.
64.7
The Service Provider will not make any adjustment for leaking water that is recorded
subsequent to Customer notification by the Service Provider that a leaking pipe or fixture
exists within the Premises.
64.8
The Service Provider must make its best efforts to notify the Customer of abnormal
water consumption but is not responsible for any failure to notify.
64.9
Despite the foregoing, the maximum amount for which a residential Customer may be
held responsible is $1,000, except that residential Customers on strata developments
may be responsible for a maximum of $2,000.
64.10 A Customer must provide tangible proof that all leaks have been repaired and the
Service Provider may inspect the repair prior to considering an adjustment due to the
leak.
64.11 Only one adjustment for leaking water on Premises will be made within any 12-month
period.
65.
Procedures on Estimating Water Meter Readings
65.1
If for any reason the Service Provider is required to estimate the water consumption of
Premises for any given period, the following procedures apply:
(a)
The estimate must be based on the water consumption history and the
application of the use by the Customer on the Premises for which a water
estimate is required.
(b)
If no sufficient history exists to produce a reasonable estimate, the estimate shall
be calculated on the basis of an average of the water consumption for similar
properties in the same area, subject to a minimum estimate of 10 Units of water
per week.
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66.
Charges for Alterations to Existing Water Supply Services
66.1
The Customer of any Premises may request the removal, relocation, or other change to
the Waterworks System including service pipes, Water Meters, valves, chambers,
hydrants, or any other fittings or appurtenances, and the Service Provider, at its
discretion, may affect such alterations. Where such alterations have been authorized or
where a Water Service Connection is to be abandoned, the Customer must pay in
advance any applicable costs of the removal, relocation, change or abandonment.
67.
Meter Accuracy Test
67.1
A Customer may request that the Service Provider test a Water Meter for accuracy. If
the test shows that the Water Meter is reading accurately the Customer must pay the
applicable charge for Water Meter Accuracy Test prescribed in Schedule E. If the Water
Meter is found to be defective there will be no charge to the Customer.
68.
Damage to Water Mains or Service Connections
68.1
A Person who causes damage to a Water Service Main, Water Service Connection must
pay to the Service Provider the charge prescribed in Schedule E or the actual cost of
any necessary repairs, whichever is greater.
COMPLIANCE
69.
Consequences for Failure to Comply
69.1
Where a Customer fails to comply with these Terms and Conditions, the Service
Provider, after having given 3 business days' notice to the Customer, may undertake any
lawful action or actions that are deemed necessary to enforce compliance.
69.2
No Person shall interfere or meddle with a Water Service Main or any portion of the
Waterworks System or interfere with any act, matter, or thing lawfully done by the
Service Provider.
69.3
No Person shall tamper with, alter or cause another Person to tamper with or alter a
Water Meter with the intent to alter the consumption measurement or for any other
reason.
26
SCHEDULE C
CONNECTIONS AND CONNECTION CHARGES
Connections Installed by Service Provider
1.
Upon receipt of the applicable Connection Charges listed below, the Service Provider
will install a Water Service Connection in accordance with the Engineering Specifications
and Standard Drawings:
Connection Charges (excluding the meter):
19mm (3/4 inch) connection
25mm (1 inch) connection
50mm (2 inch) connection
100mm (4 inch) and above
Meter Cost:
19mm
25mm
50mm
100mm
$1,970.00
$2,775.00
$3,410.00
Actual. Cost
Actual Cost
Actual Cost
Actual Cost
Actual Cost
Additional Costs and Expenditures for Water Service Connections
The Connection Charges listed in this Schedule include the cost of installation of a
Water Service Pipe to the meter box, installation of the water meter, and apply to Water
Service Connections installed by the Service Provider.
The Connection Charges are for a maximum length of 20 m, or 66 ft of Water Service
Pipe and, where necessary, for crossing a paved roadway not more than 11 m or 36 ft
wide, and include the cost for boring under a paved area or replacing pavement if it is
necessary to cut an open ditch through a paved area. For Water Service Connections
greater than 20 m in length, the Customer must pay the actual cost of installing a service
pipe.
Where a request is made for a Water Service Pipe greater in size than that of the Water
Meter for which an application has been made, the Customer must pay the Connection
Charge applicable to the corresponding Water Service Pipe size and any increased cost
for the meter. This applies to all Water Service Connections of 50mm (2 inches) or less
in size.
27
7.
The Customer must pay all additional costs for the following procedures where they are
deemed necessary for the installation of the Service:
(a)
Boring or attempts to bore under that portion of pavement in excess of 11 m or
36 ft in width.
(b)
Cutting and restoration of that section of pavement in excess of 11 m or 36 ft in
width, or
(c)
if the City requires asphalt restoration of a thickness in excess of 100 mm or for a
width in excess of the trench width.
(d)
Drilling and blasting of rock;
(e)
Any other costs incurred by the Service Provider.
28
SCHEDULE D
CONSUMPTION RATES AND SERVICE CHARGES
Consumption Rates
1.
Regular residential and park water rate - The rate for the water supplied may not
exceed $1.4985 for each m3, or part of a m3 in 2010. After 2010, the Service Provider
may increase the rate in each year by up to 10% above the preceding year's rate. If in
any year the permitted increase is not applied by the Service Provider, the percentage
remaining may be added in the subsequent year.
Service Charges
2.
Monthly charge - In addition to the above rate, a monthly charge for each connection is
as follows:
Size
Monthly charge
19 mm
3.75
25 mm
6.95
37 mm
13.40
50 mm
21.40
75 mm
40.00
100 mm
66.70
150 mm
133.00
200 mm
213.00
250 mm
335.00
3.
Multi-family residential charge: Where one Water Service Connection and Water
Meter serve more than four self-contained dwelling units, an additional monthly charge
for each connection in accordance with the following scale:
For a 25 mm connection
$1.44 per unit in excess of 4 units served:
For a 37 mm connection
$1.44 per unit in excess of 8 units served;
For a 50 mm connection
$1.44 per unit in excess of 12 units served;
For a 75 mm connection
$1.44 per unit in excess of 24 units served;
For a 100 mm connection
$1.44 per unit in excess of 36 units served;
For a 150 mm connection
$1.44 per unit in excess of 72 units served;
For a 200 mm connection
$1.44 per unit in excess of 120 units served.
29
4.
Unpaid Accounts
(1)
Where an account for water supplied is not paid in accordance with the
applicable Terms and Conditions and the schedules, and the City or the Service
Provider discontinue providing Water Services as permitted under this bylaw, the
Water Service will not be resumed until the water account has been paid in full,
together with a turn-on fee of $50.00.
(2)
Where any account rendered for Water Service is not paid in accordance with the
applicable Terms and Conditions or the schedules and remains unpaid on the
31
st day of December in the current year, the Service Provider may request the
City to add the amount to the tax roll to form part of the taxes payable in respect
of the real property, as taxes in arrears.
5.
Interest on late payments
The Service Provider may add interest equal to the prime rate plus 2% on any unpaid
balance remaining on a Customer's account after 30 days from the due date on the
Customer's invoice or statement.
6.
Consumer Price Indexing
In each year, beginning in 2011, the Service Provider may increase the fees and
charges in sections 2 and 3 of this Schedule by an amount not exceeding the increase in
the Consumer Price Index for Household Operations published for the Greater Victoria
Region.
30
SCHEDULE E
MISCELLANEOUS FEES AND CHARGES
Where applicable under this Bylaw, if the following services are rendered by the Service
Provider the following charges are payable.
(References to sections of this Schedule in the third column of this Table do not form part of the
Schedule, but have been provided for convenience of reference.)
Fee/Charge Description
Accounts in Arrears Transfer to Taxes
Additional Daily Charge for Unauthorized Water
Connection
Adjustment/Relocation of a Meter Box
New Hydrant/Fire Line Installation Connection
New Water Service Connection Application
As-constructed Drawings
Backflow Preventer Rental
Billing or Account History per Property
Customer Requested Service Disconnection
Disconnect Unauthorized Connection to Waterworks
System
Dishonoured Cheques
Engineering Services (minimum charge)
Final Inspection and Construction Completion
Certificate
Labour Charges for Miscellaneous Services
Water Meter Accuracy Test
Water Meter Installation and Account Setup Fee
Minimum Charge for Repairing Damaged Water
Service Connections
Damage to Waterworks System or Service
Connection
Reconnection after Disconnection/ Turn On water
Removal of Locking Mechanism
Removal of Unauthorized Water Meter
Service Call to Examine, Fix, Clean or Thaw
Customer's Pipes/Fixtures
Special Meter Readings
Tampering with Waterworks System (investigation &
restoration)
Tampering with or altering a Water Meter
(investigation & restoration)
Temporary Connection to a 19 mm Water Service
Pipe
Temporary Connection to a 25 mm Water Service
Pipe
Temporary Connection to a 50 mm Water Service
Pipe
Amount
40.00
25.00/day
250.00
50.00
50.00
500.00
75.00/day
15.00
100.00
300.00
25.00
90.00/hour
500.00
150.00/hour
100.00
250.00
500.00
500.00
50.00
50.00
100.00
100.00/hour
50.00
100.00
100.00
100.00
130.00
200.00
Section Reference
(information only)
45.1, Schedule D
34.1
20.4,66.1
11.3,28.3
5.1, 14.1,20.3
11.1
15.3
44.2
32.1
34
42.1
18
11.1
63
67
19.3
68
68
37.2,5.2,38.1,39.1,
42.3
54
33
60,61,63
51
48.1
23, 69.3
12
12
12
31
Temporary Water Connection to Hydrant or Standpipe 50.00
12
Transfer of Water Service (Change in Customer)
20.00
4.4
Unauthorized Multiple Use of a Water Service
Connection (investigation & removal)
250.00
Unauthorized Use of a Fire Hydrant and/or Standpipe
(investigation & restoration)
150.00
35
28.2
Unauthorized Water Connection (investigation &
restoration)
200.00
33,34
Water Meter Change/Replacement at Customer's
Request
250.00 (plus
cost of meter)
20
Waterworks System Extension Application
250.00 (plus
75.00 :_er lot)
11.1
Consumer Price Indexing
In each year, beginning in 2011, the Service Provider may increase the fees and charges in the
Schedule by an amount not exceeding the increase in the Consumer Price Index for Household
Operations published for the Greater Victoria Region.
SCHEDULE F
ENERGY SERVICE TERMS AND CONDITIONS
ADMINISTRATION
1.
Definitions
In this Schedule:
"Commercial Service" includes the provision of Energy Service to commercial, institutional
and industrial Premises.
"Conversion Factor" means a factor, or combination of factors, which converts energy meter
data to kilowatt-hours or BTUs for billing purposes.
"Customer" means a Person who is being provided Service or who has filed an application for
Service with the Service Provider that has been approved by the Service Provider.
"Day" means any period of 24 consecutive Hours beginning and ending at 7:00 a.m. Pacific
Standard time or as otherwise specified in the Service Agreement.
"Delivery Point" means the point at the property line where the valve of the in-going pipe is
located unless otherwise specified in the Service Agreement.
"Delivery Temperature" means the Energy transfer temperature as determined by the Service
Provider available to the Customer at the Delivery Point.
"District Energy Sharing System (DESS)" initially, means ground-sourced geo-exchange
energy delivery in a Distribution System, and all equipment, including the pressure vessels,
conduits, pipes, valves, lines, heat pumps, and meter sets, together with all ancillary appliances
and fittings necessary to provide energy to Premises in the Service Area and all additions and
replacements as the system is expanded, reduced or modified, from time to time.
"Distribution System" means the system of pipes, fittings and ancillary components used for
distributing district energy for the purposes of providing Energy Service to Premises in the
Service Area including all additions and replacements and the system of water pipes connecting
the Distribution System to the Service Connection including all additions and replacements.
"Energy Service" means the delivery of energy through the Distribution System to a Delivery
Point and through a Service Connection, a WHSP, and a Meter Set for use in residential, multi-
family residential, commercial, institutional and industrial Premises.
"General Terms & Conditions" means these general terms and conditions as amended from
time to time by the Council of the City.
"Water Source Heat Pump (WSHP)" means the equipment installed at the Customer's
Premises, including all ancillary pipes, fittings, valves, meters, controls and other equipment as
applicable, to transfer energy from the DESS to the Customer's Premises.
"Hour" means any consecutive 60 minute period.
"Meter Set" means an assembly of flow and temperature metering and ancillary equipment,
whether mechanical or electrical,
that measures the amount of energy consumed by a
Customer.
"Month" means a period of time, for billing purposes, of 27 to 34 consecutive Days.
"Other Service Charges" means the charges for damages, alterations and repairs, financing,
insurance, and late payment charges, Social Services Tax, Goods and Services Tax or other
taxes related to these charges.
"Person" means a natural person, partnership, corporation, society, unincorporated entity or
body politic.
"Premises" means a building, a separate unit of a building, or machinery together with the
surrounding land.
"Rate Schedule" means a schedule attached to and forming part of the General Terms and
Conditions, which sets out the rates and charges and certain other related terms and conditions
for a class of Service.
"Residential Service" means the provision of Energy Service to residential Premises, including
multi-family residential Premises.
"Return Temperature" means the maximum or minimum temperature, as determined by the
Service Provider and measured at the Meter Set, at which water from the Customer's Premises
may be returned to the Distribution System.
"Service" means the provision of Energy Service by the Service Provider.
"Service Agreement" means an agreement between the Service Provider and a Customer for
the provision of any Service, and may include a lease of equipment and rights of access for the
Service Provider.
"Service Area" means that portion of the City designated by resolution of the Council from time
to time for the provision of Energy Service.
"Service Connection" means that portion of the Energy Service extending from the Delivery
Point to the Customer's Premises and return to the Delivery Point.
"Service Provider" means the Person who provides Service to Customers in accordance with
the General Terms and Conditions, including without limitation SSL and its successors, assigns,
officers, employees, servants, agents and contractors.
"Service Related Charges" include, but are not limited to, application fees, Service Connection
fees, disconnection fees and late payment charges, plus Social Services Tax, Goods and
Service Tax, Harmonized Sales Tax, or other taxes related to these charges.
"SSL" means SSL-Sustainable Services Ltd., incorporated pursuant to the laws of the Province
of British Columbia.
"Standard Fees & Charges Schedule" means Schedule G attached to and forming part of the
General Terms and Conditions.
"Year" means a period of 12 consecutive Months.
SERVICE AREA
2.
These General Terms and Conditions refer to the provision of energy in the City or
designated portions of the City and other areas as may be added from time to time by
resolution of the City's Council. Except as explicitly stated, these provisions do not apply
to Commercial Service.
APPLICATION REQUIREMENTS
3.
Requesting Services
3.1
A Person requesting the Service Provider to provide Service, including:
(a) providing Energy Services;
(b) providing a Service Connection;
(c) re-activating existing Service Connections;
(d) transferring an existing account;
(e) changing the type of Service provided; or
(f) making alterations to existing Service Connections, WSHP, or Meter Sets,
must apply to the Service Provider in person, by mail, by telephone, by facsimile or by
other electronic means.
3.2
Required Documents - An applicant for Service may be required to sign an application
and a Service Agreement, which may include a lease and provision of access by the
Service Provider to the WSHP provided by the Service Provider.
3.3
Separate Premises/Businesses - If an applicant is requesting Service from the Service
Provider at more than one Premises, or for more than one separately operated business,
the applicant will be considered a separate Customer for each of the Premises and
businesses. For the purposes of this provision, the Service Provider will determine
whether any building contains one or more Premises or any business is separately
operated.
3.4
Required References - The Service Provider may require an applicant for Service to
provide reference information and identification acceptable to the Service Provider.
3.5
Refusal of Application - The Service Provider may refuse to accept an application for
Service for any of the reasons listed in Section 21 (Discontinuance of Service and
Refusal of Service).
4.
Agreement to Provide Service
4.1
Service Agreement - The agreement for Service between a Customer and the Service
Provider will be:
(a) the oral or written application of the Customer that has been approved by the
Service Provider and that is deemed to include these General Terms and
Conditions; or
(b)
a Service Agreement signed by the Customer.
4.2
Customer Status - A Person becomes a Customer of the Service Provider when the
Service Provider:
(a)
approves the Person's application for Service; or
(b)
provides Service to the Person.
4.3
Service Connections - Subject to the following, the Service Provider will serve each
parcel of land with one Service Connection. Additional Service Connections may be
provided at the sole discretion of the Service Provider. In the case of buildings that have
been subdivided by way of strata plan, unless the Service Provider decides otherwise,
all strata lots and common property will be served by one Service Connection and the
Customer will be the Strata Corporation.
4.4
No Assignment/Transfer - A Customer may not transfer or assign a Service
Agreement without the written consent of the Service Provider, and if approved must pay
the applicable charge in Schedule G.
5.
Conditions on Use of Service
5.1
Return Temperature - A Customer will ensure that the temperature of the water
returning from the Customer's Premises to the Distribution System does not exceed the
maximum or minimum Return Temperature.
5.2
Unauthorized Sale/Supply/Use - Unless authorized in writing by the Service Provider,
a Customer will not sell or supply energy supplied to it by the Service Provider to other
Persons or use energy supplied to it by the Service Provider for any purpose other than
as specified in the Service Agreement and the General Terms and Conditions. The
Customer must pay any costs incurred to remedy the unauthorized sale, supply or use of
the Energy Service as prescribed in Schedule G.
6.
Rate Classification
6.1
Customers will be served under the Rate Schedule designated by the Service Provider
based on the nature and/or use of the Customer's Premises.
6.2
Periodic Review - the Service Provider may:
(a) conduct periodic reviews of the quantity of energy and the rate of delivery of energy
to a Customer to determine which Rate Schedule applies to the Customer; and
(b) change the Customer's charge to the appropriate charge, or
(c) change the Customer to the appropriate Rate Schedule.
7.
Application and Service Connection Fees and Charges
7.1
Application and Service Connection Fees - An applicant for Service must pay the
applicable application and connection fees set out in Schedule G.
7.2
Waiver of Application Fee - The application fee will be waived by the Service Provider
if Service to a Customer is reactivated after it was discontinued for any of the reasons
described in Section 13.2 (Right to Restrict).
7.3
Reactivation Charges - If Service is discontinued or terminated:
(a) for any of the reasons described in Section 21 (Discontinuance of Service and
Refusal of Service); or
(b) to permit Customers to make alterations to their Premises,
and the same Customer or the spouse, employee, contractor, agent or partner of the
same Customer requests reactivation of Service to the Premises within one Year, the
Customer for reactivation must pay the greater of:
(c) the costs the Service Provider incurs in de-activating and re-activating the Service;
or
(d) the sum of the charges set out in the applicable Rate Schedule which would have
been paid by the Customer between the time of termination and the time of
reactivation of Service.
7.4
Identifying Premises Served by Meter Sets - If a Customer requests the Service
Provider to identify the Meter Set that serves the Premises after the Meter Set was
installed, the Customer will pay the cost the Service Provider incurs in re-identifying the
Meter Set where:
(a) the Meter Set is found to be properly identified; or
(b) the Meter Set is found to be improperly identified as a result of Customer activity,
including,
(i)
a change in the legal civic address of the Premises;
(ii) renovating or partitioning the Premises, or
(iii) rerouting or misuse of Energy lines after the Delivery Point.
8.
Security for Payment
8.1
Security for Payment of Accounts - If a Customer or Person cannot establish or
maintain credit to the satisfaction of the Service Provider, the Customer or Person may
be required to provide a security deposit in the form of cash or an equivalent form of
security acceptable to the Service Provider. As security for payment of accounts, all
Customers who have not established or maintained credit to the satisfaction of the
Service Provider may be required to provide a security deposit or equivalent form of
security, the amount of which may not:
(a) be less than $50; and
(b) exceed an amount equal to the estimate of the total bill for the two highest
consecutive Months consumption of energy by the Customer.
8.2
Interest - The Service Provider will pay interest to a Customer on a security deposit at
the rate and at the times specified in Schedule G. Subject to Section 8.5, if a security
deposit in whole or in part is returned to the Customer for any reason, the Service
Provider will credit any accrued interest to the Customers' account at that time.
8.3
No interest is payable:
(a) on any unclaimed deposit left with the Service Provider after the account for which
security is closed; and
(b) on a deposit held by the Service Provider in a form other than cash.
8.4
Refund of Deposit - When the Customer pays the final bill, the Service Provider will
refund any remaining security deposit plus any accrued interest or cancel the equivalent
form of security.
8.5
Unclaimed Refund - If the Service Provider is unable to locate the Customer to whom a
security deposit is payable, the Service Provider will take reasonable steps to trace the
Customer; but if the security deposit remains unclaimed 5 Years after the date on which
it first became refundable, the deposit, together with any interest accrued, becomes the
absolute property of the Service Provider.
8.6
Application of Deposit - If a Customer's account is not paid when due, the Service
Provider may apply all or any part of the Customer's security deposit or equivalent form
of security and any accrued interest toward payment of the amount due. Even if the
Service Provider applies the security deposit or calls on the equivalent form of security,
the Service Provider, under Section 21 (Discontinuance of Service and Refusal of
Service), may discontinue Service to the Customer for failure to pay for Service on time.
8.7
Replenish Security Deposit - If a Customer's security deposit or equivalent form of
security is called upon by the Service Provider towards paying an unpaid account, the
Customer must re-establish the security deposit or equivalent form of security before the
Service Provider will reconnect or continue Service to the Customer.
8.8
Failure to Pay - Failure to pay a security deposit or to provide an equivalent form of
security acceptable to the Service Provider, in the Service Provider's discretion, may
result in discontinuance or refusal of Service as set out in Section 21 (Discontinuance of
Service and Refusal of Service).
9.
Term of Service Agreement
9.1
Term for Residential and Commercial Service - The term of the Service Agreement
continues until the Service Agreement is terminated in accordance with the General
Terms and Conditions.
10.
Termination of Service Agreement
10.1
Termination by Customer - Subject to applicable local government laws, unless the
Service Agreement or applicable Rate Schedule specifies otherwise, a Customer may
terminate the Service Agreement by giving the Service Provider at least 48 Hours notice
and paying the applicable disconnection fees set out in Schedule G.
10.2
Continuing Obligation - The Customer is responsible and must pay for all energy
delivered p the Premises and is responsible for all damages to and loss of WSHP,
Meter Sets or other equipment of the Service Provider on the Premises until the Service
Agreement is terminated.
10.3
Effect of Termination - The Customer is not released from any previously existing
obligations to the Service Provider under a Service Agreement by the termination of the
agreement.
10.4
Sealing Service Connection - After the termination of the Energy Service to a
Premises and after a reasonable period of time during which a new Customer has not
applied for Energy Service at the Premises, the Service Provider may seal off the
Service Connection to the Premises.
10.5
Termination by the Service Provider - Subject to applicable local government laws,
unless the Service Agreement or applicable Rate Schedule specifies otherwise, the
Service Provider may terminate a Service Agreement by giving the Customer at least 48
Hours written notice if Service is discontinued under Section 21 (Discontinuance of
Service and Refusal of Service).
11.
Service Connections
11.1
Installation - If the Distribution System is adjacent to the Customer's Premises, the
Service Provider will:
(a) designate the location of the Service Connection, Meter Set and WSHP on the
Customer's Premises and determine the amount of space that must be left
unobstructed
around them;
(b) install the Meter Set and WSHP, if applicable, upon payment of the applicable
connection fees set out in Schedule G, together with the equipment lease and
servicing agreement, and
(c)
install the Service Connection from the Distribution System to the Delivery Point on
the Customer's Premises at no additional cost to the Customer provided the
Service Connection follows the route which is the most suitable to the Service
Provider.
11.2
Customer Requested Routing - If:
(a)
the Distribution System is adjacent to the Customer's Premises;
(b)
the Customer requests that its piping or Service Connection enter its Premises at a
different point of entry or follow a different route from the point or route designated
by the Service Provider; and
(c) the Customer requests that the WSHP or Meter Set be installed at a different
location from the location designated by the Service Provider,
the Service Provider may charge the Customer for all additional costs as determined by
the Service Provider to install the WSHP, Meter Set and Service Connection in
accordance with the Customer's request.
11.3
Additional Connections - If a Customer requests more than one Service Connection to
the Premises, on the same Rate Schedule, the Service Provider may install the
additional Service Connection and may charge the Customer the Application Fee set out
in Schedule G, as well as the full cost (including overhead costs) for the Service
Connection installation in lieu of the Service Connection Fee set out in Schedule G. The
Service Provider will invoice the additional Service connection from a separate Meter Set
and account.
If the additional Service Connection is requested by a contractor,
employee, agent or partner of the existing Customer, the same charges will apply.
11.4
Easement Required - If an intervening property is located between the Customer's
Premises and the Distribution System, the Customer is responsible for the costs of
obtaining an easement in favour of and in a form specified by the Service Provider or the
City, for the installation, operation and maintenance on the intervening property of all
necessary facilities for supplying Energy Service to the Customer
11.5
Ownership - The Customer does not own any part of the Service Connection from the
Delivery Point up to and including the Meter Set and, if applicable, the WSHP, whether it
is located inside or outside the Customer's Premises.
11.6
Maintenance - The Service Provider will maintain the Meter Set and Service
Connection and, if applicable, the WSHP.
11.7
Supply Cut Off - If the Energy Service to a Customer's Premises is cut off for any
reason, the Service Provider may remove, but is not required to remove the WSHP,
Meter Set or Service Connection from the Customer's property or the Premises.
11.8
Damage Notice - The Customer must advise the Service Provider immediately of any
damage occurring to the WSHP, Meter Set or Service Connection.
11.9
Prohibition - A Customer must not construct any permanent structure that, in the
opinion of the Service Provider, obstructs access to a Service Connection, WSHP or
Meter Set.
11.10 No Unauthorized Changes - No changes, extensions, connections to or replacement
of, or disconnection from the Distribution System or Service Connections will be made
except by the Service Provider's authorized employees, contractors or agents or by
other Persons authorized in writing by the Service Provider. Any change in the location
of an existing Service Connection:
(a) must be approved in writing by the Service Provider; and
(b) will be made at the expense of the Customer if the changes are requested by the
Customer or necessitated by the actions of the Customer.
11.11 Site Preparation - The Customer will be responsible for all necessary site preparation
including but not limited to clearing building materials, construction waste, equipment,
soil and gravel piles over the proposed service line route, to the standards established
by the Service Provider. The Service Provider may recover any additional costs for
delays or site visits necessitated by inadequate or substandard site preparation by the
Customer.
10
12.
WSHPs, Meter Sets & Metering
12.1
Installation - For a Residential Service, not including multi-family residential, in order to
provide Energy Service and invoice the Customer for Energy delivered, the Service
Provider will install one or more WSHPs and Meter Sets on the Customer's Premises.
The technical specifications of all WSHPs and Meter Sets will be determined by the
Service Provider. Unless approved by the Service Provider, all WSHPs and Meter Sets
will be installed at locations designated by the Service Provider
12.2
For Commercial Service and multi-family residential Service, in order to provide Energy
Service and invoice the Customer for Energy delivered, the Service Provider will install a
Meter Set on the Customer's Premises.
The Commercial Service or multi-family
residential Customer is responsible for the installation of any WSHP, which must meet
the technical specifications determined by the Service Provider.
12.3
Measurement - The quantity of Energy delivered to the Premises will be measured
using Meter Sets approved by the Service Provider. The amount of Energy registered
by the Meter Set during each billing period will be converted to kilowatts and rounded to
the nearest one-tenth of a kilowatt.
12.4
Testing Meters - If a Customer applies for the testing of a Meter Set and:
(a)
the Meter Set is found to be recording incorrectly,
the cost of removing,
replacing and testing the meter will be borne by the Service Provider subject to
Section 22.4 (Responsibility for WSHP and Meter Set); and
(b)
if the testing indicates that the Meter Set is recording correctly, the Customer
must pay the Service Provider for the cost of removing, replacing and testing the
Meter Set as set out in Schedule G.
12.5
Defective Meter Set - If a Meter Set ceases to register, the Service Provider will
estimate the amount of energy delivered to the Customer according to the procedures
set out in Section 15.6 (Incorrect Register).
12.6
Upon the written or oral request of a Customer, the Service Provider will perform a
special meter reading within 10 business days of the request. The request must be
accompanied by payment of the charge prescribed in Schedule G.
12.7
Protection of Equipment - The Customer must take reasonable care of and protect all
WSHPs, Meter Sets and related equipment on the Customer's Premises.
The
Customer's responsibility for expense, risk and liability with respect to all WSHPs, Meter
Sets and related equipment is set out in Section 22.4 (Responsibility for WSHP and
Meter Set).
12.8
No Unauthorized Changes - No WSHPs, Meter Sets or related equipment will be
installed, connected, moved or disconnected except by the Service Provider's authorized
employees, contractors or agents or by other Persons with the Service Provider's written
permission. If the Service Provider finds unauthorized changes in any part of a
Customer's Energy Service equipment, the Customer must pay the reasonable charges
of the Service Provider to remedy the unauthorized changes and not less than the
charge prescribed in Schedule G.
11
12.9
Removal of Service - At the termination of a Service Agreement, the Service Provider
may disable, disconnect or remove a WSHP and Meter Set on or from the Premises if a
new Customer is not expected to apply for Service for the Premises within a reasonable
time.
12.10 Customer Requested WSHP and Meter Set Relocation or Modifications - Any
change in the location of a WSHP, Meter Set or related equipment, or any modifications
to the WSHP or Meter Set, including automatic and/or remote meter reading:
(a)
must be approved by the Service Provider in writing; and
(b) will be made at the expense of the Customer if the change or modification is
requested by the Customer or necessitated by the actions of the Customer. If any
of the changes to the WSHP, Meter Set or related equipment require the Service
Provider to incur ongoing operating and maintenance costs, the Service Provider
may recover these costs from the Customer through a Monthly charge.
12.11 Meter Set Consolidations - A Customer who has more than one Meter Set at the same
Premises or adjacent Premises may apply to the Service Provider to consolidate its
Meter Sets. If the Service Provider approves the Customer's application, the Customer
will be charged the value for all portions of the Energy Service abandoned except for
Meter Sets that are removed to facilitate Meter Set consolidations. In addition, the
Customer will be charged the Service Provider's full costs, including overheads, for any
abandonment, Meter Set removal and alteration downstream of the new Meter Set. If a
new Service Connection is required, the Service Provider will charge the Customer the
Service Connection Fee and the Application Fee. In addition, the Customer will be
required to sign a release waiving the Service Provider's liability for any damages if the
Customer decides to re-use the abandoned plant downstream of the new Meter Set.
12.12 If the Service Provider is called out on the basis of a Customer complaint relating to
Energy Service and the problem is determined to be in a portion of the Customer's
equipment, the Customer must pay the hourly service charge specified in Schedule G, to
cover the costs of the Service Provider responding to the Customer's complaint and
these amounts may be added to the Customer's account.
13.
Interruption of Service
13.1
Regular Supply - The Service Provider will use its best efforts to provide the constant
delivery of energy and the maintenance of seasonally appropriate temperatures.
13.2
Right to Restrict - The Service Provider may require any of its Customers, at all times
or between specified Hours, to discontinue, interrupt or reduce to a specified degree or
quantity, the delivery of energy for any of the following purposes or reasons:
(a) in a temporary or permanent shortage of energy, whether actual or perceived by the
Service Provider;
(b) in a breakdown or failure of the supply of the DESS or Distribution System;
(c) to comply with any legal requirements;
(d) to make repairs or improvements to any part of the DESS,
12
(e) in any fire, flood, explosion or other emergency, to safeguard Persons or property
against the possibility of injury or damage; or
(f)
in any event or occurrence not within the control of the Service Provider and which
by the exercise of reasonable diligence, the Service Provider was unable to prevent
or overcome.
13.3
Notice - The Service Provider, to the extent practicable, will give notice of its
requirements and removal of its requirements under Section 13.2 (Right to Restrict) to its
Customers by:
(a) newspaper, radio or television announcement; or
(b) notice in writing that is,
(i)
sent through the mail to the Customer's billing address,
(ii)
left at the Premises where energy is delivered,
(iii)
served personally on a Customer, or
(iv)
sent by facsimile or other electronic means to the Customer, or
(v)
oral communication.
13.4
Failure to Comply - If, in the opinion of the Service Provider, a Customer has failed to
comply with any requirement under Section 13.2, the Service Provider, after providing
notice to the Customer in the manner specified in Section 13.3 and subject to applicable
local government laws, may discontinue Service to the Customer.
13
14.
Access to Premises and Equipment
14.1
Access to Premises - The Service Provider may enter the Customer's Premises for the
purposes of the Energy Service after giving reasonable notice (except in an emergency).
The Customer must provide free access to its Premises at all reasonable times to the
Service Provider's authorized employees, contractors and agents for the purpose of
reading, testing, repairing or removing Service Connections, Meter Sets, WSHPs, and
ancillary equipment, turning energy on or off, completing system leakage surveys,
stopping leaks, examining pipes, connections, fittings and appliances and reviewing the
use made of energy delivered to the Customer, or for any other related purpose which
the Service Provider reasonably requires.
14.2
Access to Equipment - The Customer must provide clear access to the Service
Provider's equipment including the equipment described in section 14.1. The equipment
installed by the Service Provider on the Customer's Premises will remain the property of
the Service Provider as between the Service Provider and the Customer and may be
removed by the Service Provider upon termination of service.
15.
Invoicing
15.1
Basis for Billing - The Service Provider will invoice the Customer in accordance with
the Service Agreement, the Rate Schedule H under which the Customer is provided
Energy Service, and the fees and charges contained in Schedule G.
15.2
Meter Measurement - The Service Provider will measure the quantity of energy
delivered to a Customer using a Meter Set and the starting point for measuring delivered
quantities during each billing period will be the finishing point of the preceding billing
period.
15.3
Multiple Meters - Energy Service to each Meter Set will be billed separately for
Customers who have more than one Meter Set on their Premises.
15.4
Estimates - For billing purposes, the Service Provider may estimate the Customer's
meter readings if, for any reason, the Service Provider does not obtain a meter reading
15.5
Estimated Final Reading - If a Service Agreement is terminated, the Service Provider
may estimate the final meter reading for final billing.
15.6
Incorrect Register - If any Meter Set has failed to measure the delivered quantity of
Energy correctly, the Service Provider may estimate the meter reading for billing
purposes, subject to Section 17 (Back-Billing).
15.7
Invoices Issued - The Service Provider may invoice a Customer as often as the
Service Provider considers necessary but generally will bill on a bi-monthly basis.
16.
Payment
16.1
Due Dates - The Customer must pay the Service Provider's invoice for Energy Service
on or before the due date shown on the invoice which will be:
(a) the first business Day after the twenty-first calendar Day following the billing date, or
(b) such other period as may be agreed upon by the Customer and the Service Provider.
14
16.2
Responsibility for Payment - The owner of Premises and subsequent owners of the
Premises, including an Applicant, are responsible for payment of all energy rates, fees
and charges prescribed and owing under this bylaw and all outstanding amounts are
payable by an Applicant prior to obtaining Energy Service.
16.3
Where the ownership of Premises have changed, the new Applicant is encouraged to
see that any outstanding energy charges and all additional charges have been included
in the statement of adjustments at the time of the Applicant's purchase of the Property,
failing which the new owner is responsible for any amounts outstanding for the
Premises.
16.4
Energy Consumption Charges or Service Charges in Arrears - The Service Provider
must notify the City of any rates, fees and charges (Charges) due and payable under
this Schedule on December 31 and unpaid at that date so that they may be added to the
real property taxes and collected as taxes in arrears, except for properties exempt from
assessment for taxation. The City shall remit the Charges to the Service Provider when
they are paid, less the charge for transfer to taxes specified in Schedule G.
16.5
Historical Account Information - Customers who request billing or account history or a
statement of the account status must pay the fee prescribed in Schedule G.
16.6
Engineering Services - Where a request for technical information is received requiring
engineering services by the Service Provider, the Customer requesting the services
must pay the applicable service charge for engineering services prescribed in Schedule
G.
16.7
Miscellaneous Charges for Other Services - The Customer must pay for any other
services not specifically addressed in Schedule G and that are provided by the Service
Provider at the request of the Customer.
17.
Back-Billing
17.1
Definition - Back-billing means the rebilling by the Service Provider for Energy Services
rendered to a Customer because the original invoices are discovered by either the
Customer or the Service Provider to be either too high (over-billed) or too low (under-
billed). The cause of an invoicing error may include any of the following non-exhaustive
reasons or a combination of them:
(a) stopped meter;
(b) metering equipment failure;
(c) missing meter now found;
(d) switched meters;
(e) double metering;
(f) incorrect meter connections;
(g) incorrect use of any prescribed apparatus respecting the registration of a meter;
(h) incorrect meter multiplier;
IS
(i) the application of an incorrect rate;
(j) incorrect reading of meters or date processing;
(k) tampering, fraud, theft or any other criminal act.
17.2
When Required - The Service Provider, in the circumstances specified above, may
charge, demand, collect or receive from its Customers for Energy Service rendered a
greater or lesser compensation than that specified in the Rate Schedule applicable to
that Service.
17.3
A minor adjustment to a Customer's invoice, such as an estimated bill or an equal
payment plan billing, does not require back-billing treatment to be applied.
17.4
Where metering or invoicing errors occur, the consumption and demand will be based
upon the records of the Service Provider for the Customer, or the Customer's own
records to the extent they are available and accurate, or if not available, reasonable and
fair estimates may be made by the Service Provider. Such estimates will be on a
consistent basis within each Customer class or according to the Service Agreement with
the Customer, if applicable.
17.5
Tampering/Fraud - If there are reasonable grounds to believe that the Customer has
tampered with or otherwise used the Energy Service in an unauthorized way, or there is
evidence of fraud, theft or other criminal acts, of if a reasonable Customer should have
known of the under-billing and failed to promptly bring it to the attention of the Service
Provider, the extent of back-billing will be for the duration of the unauthorized use,
subject to the applicable limitation period provided by law, and the provisions of Sections
17.10 (Under-Billing) to 17.13 (Changes in Occupancy), below, do not apply.
17.6
In addition, the Customer is liable for the direct administrative costs incurred by the
Service Provider in the investigation of any incident of tampering, including the direct
costs of repair or replacement of equipment and subject to the minimum amount
prescribed in Schedule G.
17.7
Under-billing resulting from circumstances described above will bear interest at the rate
normally charged by the Service Provider on unpaid accounts from the date of the
original under-billed invoice until the amount under-billed is paid in full.
17.8
Remedying the Problem - In every case of under-billing or over-billing, the cause of
the error will be remedied without delay, and the Customer will be promptly notified of
the error and of the effect upon the Customer's ongoing bill.
17.9
Over-billing - In every case of over-billing, the Service Provider will refund to the
Customer all money incorrectly collected for the duration of the error, subject to the
applicable limitation period provided by law. Simple interest, computed at the short-term
bank loan rate applicable to the Service Provider on a Monthly basis, will be paid to the
Customer.
17.10 Under-billing - Subject to Section 17.5 (Tampering/Fraud), in every case of under-
billing, the Service Provider will back-bill the Customer for the shorter of
(a) the duration of the error; or
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(b) six Months for Residential Service; and
(c) one Year for all other Customers or as set out in a special or individually negotiated
Service Agreement with the Service Provider.
17.11 Terms of Repayment - Subject to Section 17.5 (Tampering/Fraud), in all cases of
under-billing, the Service Provider will offer the Customer reasonable terms of
repayment. If requested by the Customer, the repayment term will be equivalent in
length to the back-billing period. The repayment will be interest free and in equal
instalments corresponding to the usual billing cycle. However, delinquency in payment
of such instalments will be subject to the usual late payment charges and interest.
17.12 Disputed Back-Bills - Subject to Section 17.5 (Tampering/Fraud), if a Customer
disputes a portion of a back-billing due to under-billing based upon either consumption,
demand or duration of the error, the Service Provider will not threaten or cause the
discontinuance of Service for the Customer's failure to pay that portion of the back-
billing, unless there are no reasonable grounds for the Customer to dispute that portion
of the back-billing. The undisputed portion of the bill will be paid by the Customer and
the Service Provider may threaten or cause the discontinuance of Service if such
undisputed potion of the bill is not paid.
17.13 Changes in Occupancy - Subject to Section 17.5 (Tampering/Fraud), in the case of
back-billing in all instances where changes of occupancy have occurred, the Service
Provider will make a reasonable attempt to locate the former Customer. If, after a period
of one year, such Customer cannot be located, the applicable over-billing or under-billing
will be cancelled.
17
18.
Equal Payment Plan
18.1
The Service Provider, at its discretion, may create and administer an Equal Payment
Plan in which case Sections 18.2 to 18.7 apply
18.2
Definitions - "Equal payment plan" means a plan created and administered by the
Service Provider whereby Customers may average their Energy Service costs over a
specified period of time and "equal payment plan period" means a period of twelve
consecutive Months commencing with a usual meter reading date at the Customer's
Premises.
18.3
Application for Plan - A Customer may apply to the Service Provider by mail, by
telephone, by facsimile or by other electronic means to pay fixed bi-monthly instalments
for Energy delivered to the Customer during the equal payment plan period. Acceptance
of the application will be subject to the Service Provider finding the Customer's credit
satisfactory.
18.4
Monthly Instalments - The Service Provider will fix bi-monthly instalments for a
Customer so that the total sum of all the instalments to be paid during the equal payment
plan period will equal the total amount payable for the Energy Service which the Service
Provider estimates the Customer will consume during the equal payment plan period.
18.5
Changes in Instalments - The Service Provider, at any time, may increase or decrease
the amount of bi-monthly instalments payable by a Customer in light of new consumption
information or changes to the Rate Schedules or the General Terms and Conditions.
18.6
End of Plan - Participation in the equal payment plan may be ended at any time:
(a) by the Customer giving 5 Days' notice to the Service Provider;
(b) by the Service Provider, without notice, if the Customer has not paid the bi-monthly
instalments as required; or
(c) by the Service Provider if the Service Provider terminates the Equal Payment Plan.
18.7
Payment Adjustment - At the earlier of the end of the equal payment plan period for a
Customer or the end of the Customer's participation in the plan under Section 18.6 (End
of Plan), the Service Provider will:
(a) compare the amount that is payable by the Customer to the Service Provider for
Energy Service actually consumed on the Customer's Premises from the beginning
of the equal payment plan period to the sum of the bi-monthly installments paid by
the Customer from the beginning of the equal payment plan period; and
(b) pay to the Customer or credit to the Customer's account any excess amount or
invoice the Customer for any outstanding amount payable.
18
19.
Late Payment Charge
19.1
Late Payment Charge - If the amount due for Energy Service or Service related
Charges on any invoice has not been received in full by the Service Provider or by an
agent acting on behalf of the Service Provider on or before the due date specified on the
invoice, and the unpaid balance is $15 or more, the Service Provider may include in the
next bill to the Customer the late payment charge and interest as specified in Schedule
G.
19.2
Equal Payment Plan - If the bi-monthly instalment, Service related Charges or any
payment adjustment as defined under Section 18.7 (Payment Adjustment) due from a
Customer invoiced under the equal payment plan set out in Section 18 have not been
received by the Service Provider or by an agent acting on behalf of the Service Provider
on or before the due date specified on the invoice, the Service Provider may include in
the next invoice to the Customer the late payment charge and interest on the amount
due, in accordance with Section 19.1 on the amount due.
20.
Dishonoured Cheque Charge - If a cheque received by the Service Provider from a
Customer in payment of an invoice or account is not honoured by the Customer's
financial institution for any reason other than clerical error, the Service Provider may
include a charge specified in Schedule G in the next invoice to the Customer for
processing the returned cheque whether or not the Energy Service has been
discontinued.
21.
Discontinuance of Service and Refusal of Service
21.1
Discontinuance With Notice and Refusal Without Notice - Subject to applicable local
government laws, the Service Provider may discontinue Energy Service to a Customer
with at least 48 Hours written notice to the Customer or Customer's Premises, or may
refuse Energy Service for any of the following reasons:
(a) the Customer has not fully paid the Service Provider's invoice or account with
respect to Services on or before the due date;
(b) the Customer or Person has failed to pay any required security deposit, equivalent
form of security, or post a guarantee or required increase in it by the specified date;
(c) the Customer or Person has failed to pay the Service Provider's account or invoice
in respect of another Premises on or before the due date;
(d) the Customer or Person occupies the Premises with another occupant who has
failed to pay the Service Provider's invoice or account, security deposit, or required
increase in the security deposit in respect of another Premises which was occupied
by that occupant and the Customer at the same time;
(e) the Customer or Person is in receivership or bankruptcy, or operating under the
protection of any insolvency legislation and has failed to pay any outstanding
invoices or accounts to the Service Provider; or
(f) the Customer has failed to apply for Energy Service.
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21.2
Discontinuance or Refusal Without Notice - Subject to applicable local government
laws, the Service Provider may discontinue without notice or refuse the supply of Energy
Service to a Customer for any of the following reasons:
(a) the Customer or Person has failed to provide reference information and identification
acceptable to the Service Provider, when applying for Service or at any subsequent
time on request by the Service Provider;
(b) the Customer has defective pipes, appliances, or energy fittings in the Premises;
(c) the Customer uses energy in such a manner as in the Service Provider's opinion:
(i)
may lead to a dangerous situation, or
(ii) may cause undue or abnormal fluctuations in the temperature of energy in the
DESS,
(d) the Customer fails to make modifications or additions to the Customer's equipment
which have been required by the Service Provider to prevent the danger or to
control the undue or abnormal fluctuations described under paragraph (c);
(e) the Customer breaches any of the terms and conditions upon which Service is
provided to the Customer by the Service Provider;
(f) the Customer fraudulently misrepresents to the Service Provider its use of energy or
the amount delivered;
(g) the Customer vacates the Premises;
(h) the Customer's Service Agreement is terminated for any reason;
(i)
the Customer stops consuming energy on the Premises; or
(j) the Customer fails to ensure that the Return Temperature from the Customer's
Premises to the DESS does not exceed the permitted Return Temperature.
20
22.
Limitations on Liability
22.1
Responsibility for Delivery of Energy - The Service Provider, and its employees,
contractors or agents, are not responsible or liable for any loss, damage, costs, or injury
(including death) incurred by any Customer or any Person claiming by or through the
Customer caused by or resulting from, directly or indirectly, any discontinuance,
suspension or interruption of, or failure or defect in the supply or delivery or
transportation of, or refusal to supply, deliver or transport Energy Service, unless the
loss, damage, costs or injury is directly attributable to the gross negligence or wilful
misconduct of the Service Provider, its employees, contractors or agents.
22.2
Responsibility Before Delivery Point - If any loss or damage is caused by, contributed
to or results from any action or omission of the Customer, the Customer is responsible
for all expense, risk and liability for:
(a) the use or presence of energy before it passes the Delivery Point in the Customer's
Premises; and
(b) the Service Provider-owned facilities serving the Customer's Premises.
22.3
Responsibility After Delivery Point - The Customer is responsible for all expense, risk
and liability with respect to the use or presence of Energy after it passes and before it
returns to the Delivery Point.
22.4
Responsibility for WSHP and Meter Set - The Customer is responsible for all expense,
risk and liability with respect to all Service Connections, WSHPs, Meter Sets or related
equipment on the Customer's Premises unless any loss or damage is:
(a) directly attributable to the negligence of the Service Provider, its employees,
contractors or agents; or
(b) caused by or resulting from a defect in the equipment. The Customer must prove
that negligence or defect.
21
22.5
For greater certainty and without limiting the generality of the foregoing, the Customer is
responsible for all expense, risk and liability arising from any measures required to be
taken by the Service Provider to ensure that the Service Connection, WSHPs, Meter
Sets or related equipment on the Customer's Premises are adequately protected, as well
as any updates or alterations to the Service Connection(s) on the Customer's Premises
necessitated by changes to the grading or elevation of the Customer's Premises or
obstructions placed on any Service Connection(s).
22.6
Customer Indemnification - The Customer will indemnify and hold harmless the
Service Providers, its employees, contractors and agents from all claims, loss, damage,
costs or injury (including death) suffered by the Customer or any Person claiming by or
through the Customer or any third party caused by or resulting from the use of the
Energy Service by the Customer or the presence of energy in the Customer's Premises,
or from the Customer or Customer's employees, contractors or agents damaging the
Service Provider's equipment.
23.
Miscellaneous Provisions
23.1
Taxes - The rates and charges specified in the applicable Schedules do not include any
local, provincial or federal taxes, assessments or levies imposed by any competent
taxing authorities which the Service Provider may be lawfully authorized or required to
add to its normal rates, fees and charges or to collect from or charge to the Customer.
23.2
Conflicting Terms and Conditions - Where anything in these General Terms and
Conditions conflicts with the provisions of a bylaw adopted by the City or conflicts with
special terms or conditions specified under an applicable Schedules or Service
Agreement, the terms or conditions under these General Terms and Conditions or the
Service Agreement govern.
23.3
Authority of Agents of the Service Provider - No employee, contractor or agent of the
Service Provider has authority to make any promise, agreement or representation not
incorporated in these General Terms and Conditions or in a Service Agreement, and any
such unauthorized promise, agreement or representation is not binding on the Service
Provider.
23.4
Additions, Alterations and Amendments - The General Terms and Conditions and the
attached Schedules may be added to, cancelled, altered or amended by the Council of
the City from time to time.
23.5
Headings - The headings of the Sections used in the General Terms and Conditions
are for convenience of reference only and will not be considered in any interpretation of
the General Terms and Conditions.
22
SCHEDULE G
STANDARD FEES AND CHARGES
1. Application Fee
$50.00
2. Service Connection Fee
$500.00
3. Service Disconnection Fee
$ at cost
4. Because rates are established for each Customer based, in part, on recovery of capacity
costs, where a Customer is permitted to disconnect from the Energy Service, and where the
Service Provider determines that the disconnection will result in additional costs to the
remaining Customers in respect of capacity, the Service Provider may require the
disconnecting Customer to pay a contribution to the costs as determined by the Service
Provider.
Disputed Meter Testing Fees
5. If a Customer requests that a Meter Set be tested for accuracy, the Customer must provide
a deposit of $500.00 to the Service Provider, which will be returned to the Customer if the
Meter Set proves inaccurate, as determined by the Service Provider. If the Service Provider
finds the Meter Set to be recording accurately, the Customer requesting the testing of the
Meter Set shall reimburse the Service Provider for the full cost of removing, replacing and
testing the Meter Set.
Interest on Cash Security Deposits
6. The Service Provider will pay interest on cash security deposits at the Service Provider's
prime interest rate minus 2%. The Service Provider's prime interest rate is defined as the
floating annual rate of interest which is equal to the rate of interest declared from time to
time by the Royal Bank of Canada as its "prime rate" for loans in Canadian dollars.
7. Payment of any interest will be credited to the Customer's account in January of each Year.
Late Payment Charge and interest on late payments
8. The Service Provider may add a late payment charge of $25.00 as authorized under the
Terms and Conditions. The Service Provider may add interest at the rate of the prime rate
plus 2% on any unpaid balance remaining on a Customer's account after 30 days from the
due date on the Customer's invoice or statement, including the due date under an equal
payment plan.
9. Consumer Price Indexing
In each year, beginning in 2011, the Service Provider may increase the fees and charges set
out in this Schedule G and Section 4 in Schedule H by an amount not exceeding the
increase in the Consumer Price Index for Household Operations published for the Greater
Victoria Region.
23
10.
Unpaid Accounts
(1)
Where an account for energy supplied is not paid in accordance with the
applicable Terms and Conditions and the schedules, and the City or the Service
Provider discontinue providing Energy Services as permitted under this bylaw,
the Energy Service will not be resumed until the account has been paid in full,
together with a turn-on fee of $50.00.
(2)
Where any account rendered for Energy Service is not paid in accordance with
the applicable Terms and Conditions or the schedules and remains unpaid on the
31st day of December in the current year, the Service Provider may request the
City to add the amount to the tax roll and to form part of the taxes payable in
respect of the real property, as taxes in arrears.
11.
Miscellaneous fees and charges
References to sections of this Schedule in the third column of this Table to not form part of the
Schedule, but have been provided for convenience of reference only.
Fee/Charge Description
Accounts in Arrears - Transfer to Taxes
Adjustment/Relocation of a Meter Set
Administration of Energy Service Connection
Application
As-constructed Drawings
Billing or Account History per Premises
Customer Requested Service Discontinuance
Disconnect Unauthorized Connection to
Energy System
Account Service Charge for Dishonoured
Cheques
Engineering Services
Labour Charges for Miscellaneous Services
Meter Set Accuracy Test
Meter Set Installation & Account Set Up Fee
Minimum
Charge
for repairing
damaged
Service Connections
Activation - Customer Request
Reactivation after Customer Request
Removal of unauthorized Meter Set
Service Call to Examine/Fix/ Customer's
Pipes/Fixtures
Special Meter Readings
Tampering with Energy System
Tampering with or altering a Meter Set
Transfer of Energy Service (Change in
Customer)
Unauthorized Energy Connection
Meter Set Change/Replacement at customer's
request
WSHP change/replace at Customer's request
Amount
40.00
250.00
50.00
500.00
25.00
50.00
300.00
25.00
90.00/hr
150.00/hr
50.00 or at cost
450.00
500.00
50.00
50.00
100.00
100.00/hr
50.00
100.00 or at cost
100.00 or at cost
20.00
200.00
250.00 plus cost of
meter
250.00 plus cost of
Section Reference
16.4
11.2, 12.10, 12.11
7.1
16.5
10.1
5.2
20
16.6
16.7
12.4
12.2
10.2
7.3
7.3
12.7
12.12
12.6
17.6
17.6, 12.8
3.1,4.4,16.3
11.10, 12.8
12.10
11.2, 11.3,12.10
24
Unauthorized Energy Use
Changes to Distribution System requested by
Customer
WSHP
At cost
At cost
5.2
11.10, 12.10, 12.11
25
SCHEDULE H
STANDARD RATE SCHEDULE
1.
The rates and charges payable in respect of the Energy Service are as set out below.
2.
The rates payable for the provision of Residential Service are a combination of an
energy usage charge calculated in kilowatt hours determined by the Meter Set and a
service connection charge based on the size of the Service Connection.
3.
RESIDENTIAL SERVICE
(1)
The energy usage charge (rate) for residential Premises for 2010 may not
exceed
(a)
a conservation rate of $0.0627 per kWh for usage from 0 - 1350 kWh;
and
(b)
a rate of $0.0878 per kWh for usage over 1350 kWh;
during each two-month billing cycle.
(2)
After 2010, the Service Provider may increase the rates in each year by up to
10%
above the preceding year's rate. If in any year the permitted increase is
not applied by the Service Provider, the percentage remaining may be added in
the subsequent year.
4.
The following monthly service connection charges apply:
(a)
1" Service Connection
$ 6.95 per month;
(b)
1 1/2" Service Connection
13.40 per month;
(c)
2" Service Connection
21.40 per month;
(d)
4" Service Connection
66.70 per month;
(e)
6" Service Connection
133.00 per month;
(f)
8" Service Connection
213.00 per month.
In addition to the foregoing, the fees and charges set out in Schedule G apply to the
provision of Energy Service.