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Sewer User Charge Bylaw, 2008 (No. 4392)
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and application of the bylaws of this subject.
Consolidated up to December 8, 2025 to include Bylaws:
4448
Adopted Dec. 17, 2008
4457
Adopted Apr. 27, 2009
4498
Adopted Dec. 17, 2009
4524
Adopted Jan. 17, 2011
4526
Adopted Feb. 14, 2011
4554
Adopted Jan. 3, 2012
4580
Adopted Dec. 10, 2012
4583
Adopted Apr. 8, 2013
4603
Adopted Jan 13, 2014
4634
Adopted Dec. 15, 2014
4662
Adopted Dec. 14, 2015
4677
Adopted Dec. 16, 2016
4702
Adopted Dec. 18, 2017
4725
Adopted Dec. 12, 2018
4744
Adopted Dec. 9, 2019
4776
Adopted Dec. 7, 2020
4803
Adopted Dec. 13, 2021
4829
Adopted Dec. 12, 2022
4843
Adopted July 17, 2023
4851
Adopted Dec. 11, 2023
4888
Adopted Dec. 9, 2024
4940
Adopted Dec.8, 2025
Bylaw No. 4392 (Consolidated
2
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4392
A Bylaw to Impose a Charge for the Use of the Public Sewer System
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting
assembled, enacts as follows:
1.
In this Bylaw:
"billing period" means the period of time between regular water meter readings carried out
for the purposes of the Water Rate Bylaw, unless there is a special reading requested as a
result of a change of occupancy of the p
remises, in which case the billing period will be from the last regular water meter reading to
the special reading, and from the special reading to the next regular water meter reading;
"business" means real property that is classified as Class 6 or 8 under the Assessment Act
and the Prescribed Classes of Property Regulation;
"Collector" means the Municipal Treasurer for the Municipality;
"garden meter" means a secondary meter, read by the Municipality for the purposes of the
Water Rate Bylaw, measuring only the volume of water delivered for outside watering;
"Municipality" means The Corporation of the District of Oak Bay;
"owner" means the registered owner of the premises, provided however that where an
occupier of the premises is recorded by the Municipality as the customer for the purposes of
the Water Rate Bylaw with respect to the premises, "owner" shall include "occupier";
"premises" means real property, including buildings, to which water service has been estab-
lished under the Water Rate Bylaw;
"residential property" means real property that is classified as Class 1 under the Assessment
Act and the Prescribed Classes of Property Regulation;
"unit" means a volume of water equivalent to 2,832 litres;
"Water Rate Bylaw" means Bylaw No. 3370, Water Rate Bylaw, 1981, as amended.
2.
The volume of water delivered to the premises shall be deemed for the purposes of this
Bylaw to be the volume of water determined to have been delivered under the Water Rate
Bylaw.
3.
A sewer user charge is imposed against the owners of premises for the use of the sewer
system of the Municipality and, subject to Section 5, for the use of the sewer system of the
Capital Regional District.
4.
The sewer user charge shall be imposed after every billing period and shall be calculated on
Bylaw No. 4392 (Consolidated
3
the basis of the volume of water delivered to the premises, as more particularly set out in
Sections 6 through 8.
5.
Provided that the Municipality has entered into an agreement with the Capital
Regional District pursuant to the Additional Powers Regulation (B.C. Reg.
236/2002) under the Local Government Act, the sewer user charge imposed by
Section 3 for the use of the sewer system of the Municipality shall be augmented by
a charge imposed for the purpose of recovering part of the Capital Regional
District's sewer charges to the Municipality, with the portion of the Capital Regional
District's sewer charges calculated to be so recovered, based on annual water
consumption projections prepared by the Collector, to be 100% of the Municipality's
share of the Capital Regional District's principal and interest costs for the servicing
of regional sewer system debt contracted after December 31, 2004, and 100% of the
costs associated with sewage treatment infrastructure that is to be built to meet the
requirements of the Core Area Liquid Waste Management Plan.
(**Bylaw No. 4526, adopted February 14, 2011)
(**Bylaw No. 4554, adopted January 3, 2012)
(**Bylaw No. 4580, adopted December 10, 2012)
(**Bylaw No. 4583, adopted April 8, 2013)
6.
For each billing period, the sewer user charge shall be calculated by multiplying the number
of units of water delivered by the rate set out in Schedule "A", provided, however, that in
the case of a residential property for which there is no garden meter, this product shall in
turn be multiplied by 0.60.
7.
Where a property is classified as being combined business and residential, for each billing
period the sewer user charge shall be calculated by multiplying the number of units of water
delivered by the rate set out in Schedule "A".
8.
Where water delivered to a property flows through more than one meter read by the
Municipality for the purposes of the Water Rate Bylaw, only the readings from the meters
servicing a building will be used to calculate the sewer user charge.
9.
The Municipality may render accounts under this Bylaw on the same form as accounts
under the Water Rate Bylaw and the accounts are due and payable, with the same penalty
applied to late payments, as prescribed in the Water Rate Bylaw.
10. Sewer user charges unpaid at the end of the calendar year in which they are due shall be
deemed to be taxes in arrears and shall be so entered on the tax roll by the Collector.
11. All money collected under this Bylaw shall be deposited into the Sewer Fund of the
Municipality to be used or reserved for operating, maintaining, inspecting, repairing,
renewing, reconstructing or expanding the sewerage system of the Municipality, or for the
payment of an invoice or requisition issued to the Municipality by the Capital Regional
District for regional sewer system costs.
12. If any part of this Bylaw is declared invalid by a court of competent jurisdiction, the
remainder shall continue in full force and effect and be construed as if this Bylaw had been
adopted without the invalid portion.
Bylaw No. 4392 (Consolidated
4
13. The following Bylaws are hereby repealed:
Bylaw No. 4250, "Sewer User Charge Bylaw, 2005";
Bylaw No. 4303, "Sewer User Charge Amendment Bylaw, 2006";
Bylaw No. 4341, "Sewer User Charge Bylaw Amendment Bylaw, 2007";
Bylaw No. 4364, "Sewer User Charge Bylaw Amendment Bylaw No. 2, 2007",
provided however that such repeals shall not relieve any person of liability for payment of a
charge duly imposed under Bylaw No. 4250 as amended, nor shall it derogate from any
recourse or remedy available to the Municipality under Bylaw No. 4250 as amended, or
otherwise, for the collection of a charge imposed thereunder.
14. This Bylaw may be cited as the "Sewer User Charge Bylaw, 2008".
READ a first, second and third time by the Municipal Council on December 17, 2007
ADOPTED and FINALLY PASSED by the Municipal Council on January 14, 2008
Mayor
Municipal Clerk
Sealed with the Seal of The Corporation of
the District of Oak Bay.
Bylaw No. 4392 (Consolidated
5
SCHEDULE "A"
The sewer user charge is made up of:
Municipal costs
$3.71 per unit of water delivered
Regional costs
$8.10 per unit of water delivered
Total
$11.81 per unit of water delivered
(**Bylaw No. 4447, adopted December 17, 2008)
(**Bylaw No. 4457, adopted April 27, 2009)
(**Bylaw No. 4498, adopted December 17, 2009)
(**Bylaw No. 4526, adopted February 14, 2011)
(**Bylaw No. 4554, adopted January 3, 2012)
(**Bylaw No. 4580, adopted December 10, 2012)
(**Bylaw No. 4583, adopted April 8, 2013)
(**Bylaw No. 4603, adopted January 13, 2014
(**Bylaw No. 4634, adopted December 15, 2014)
(**Bylaw No. 4662, adopted December 14, 2015)
(**Bylaw No. 4677, adopted December 16, 2016)
(**Bylaw No. 4702, adopted December 18, 2017)
(**Bylaw No. 4725, adopted December 12, 2018)
(**Bylaw No. 4744, adopted December 9, 2019)
(**Bylaw No 4776, adopted December 7, 2020)
(**Bylaw No 4803, adopted December 13, 2021)
(**Bylaw No 4829, adopted December 12, 2022)
(**Bylaw No. 4843, adopted July 17, 2023)
(**Bylaw No. 4851, adopted December 11, 2023)
(**Bylaw No. 4888, adopted December 9, 2024)
(**Bylaw No. 4940, adopted December 8, 2025)