Rural Municipality of Dauphin, Manitoba
· adopted 2021-01-12
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The Rural Municipality of Dauphin
By-Law No. 3012 (Water Rates)
BEING a by-law of the Rural Municipality of Dauphin to establish water rates within the said Dauphin Utility.
WHEREAS the Rural Municipality of Dauphin owns and operates a water distribution system generally within the
limits of the Rural Municipality of Dauphin;
AND WHEREAS The Municipal Act, S.M. 1996, C58, states in part:
232(1) A council may pass by-laws for municipal purposes respecting the following matters:
(I) public utilities;
232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this
Division
(d) establish fees or other charges for services, activities or things provided or done by the municipality
or for the use of property under the ownership, direction, management or control of the
municipality,"
NOW THEREFORE, the Council of the Rural Municipality of Dauphin, in council duly assembled, hereby enacts as
follows:
THAT all accounts for minimum quarterly charges for metered services as set forth in the Schedule of
Quarterly Rates shall be billed quarterly together with any excess consumption charges for metered water services
for the quarter. Consumers shall pay for water service supplied to them by the Rural Municipality of Dauphin at the
rates and terms set out in Schedule "A" attached hereto and forming part of this by-law.
THAT the Conditions Precedent Allowing for the Collection and Disconnection of Water Services for Non-
Payment of Accounts ("Conditions Precedent") are set out in Schedule "B" attached hereto and forming part of this
by-law.
THAT this By-law shall come into force and become effective on, from and after both approval by The
Public Utilities Board and receipt of third and final reading thereof.
THAT By-Law No. 3001 be hereby repealed upon passing of this by-law.
DONE AND PASSED as a by-law of The Rural Municipality of Dauphin at Dauphin, in the Province of Manitoba this
12th day of January, A.D. 2021.
Read a first time this 27th day of August, 2019
Read a second time this 12th day of January 2021
Read a third time this 12^ day of January 2021.
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Chief Admin'strative Officer
Nicole Chychota
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Ronald. E Ryz
Reeve ..^^
SCHEDULE "A"
THE RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO 3012
DAUPHIN WATER RATES
SCHEDULE "A" SCHEDULE OF QUARTERLY RATES
1. Schedule of Commodity Rates
Quarterly Service Charge
Water consumption, per Cubic Meter
January 1.2021
$21.65
$7.03
2. Minimum Charges per Quarter
Notwithstanding the rates set forth in paragraph 1, all customers will pay the applicable minimum
charges per quarter set out below, which includes the water allowance as listed.
a) Water Customers
Meter
Size
Group
Capacity
Ratio
Water
Included
Cubic Meters
Customer
Service
Charge
Water
Commodity
Charges
Total
Quarterly
Minimum
5/8 inch
1
14
$21.65
$98.42
$120.07
3/4 inch
2
28
$21.65
$196.84
$218,49
1 inch
4
56
$21.65
$393.68
$415.33
1 1/2 inch
10
140
$21.65
$984.20
$1,005.85
The following clauses take effect January 1,2021:
1. Service To Customers Outside Utility's Limits
The Council of the Rural Municipality of Dauphin may sign Agreements with customers for the
provision of water services to properties located outside the boundaries of RM of Dauphin Water
Utility. Such Agreements shall provide for payment of the appropriate rates set out in this Schedule,
as well as a surcharge, set by Resolution of Council, which shall be equivalent to the frontage levy,
general taxes, and special taxes for the Utility purposes in effect at the time or may be in effect from
time to time, and which would be levied on the property concerned if it were within RM of Dauphin
Water Utility boundaries. In addition, all costs of connecting to the Utility's mains, and installing and
maintaining service connections, will be paid by the customer.
2, Billings and Penalties
Accounts shall be billed quarterly based on water used. A late payment penalty charge of 1 1/4%
compounded monthly shall be charged on the dollar amount owing after the billing due date. The due
date will be at least fourteen (14) days afterthe mailing of the bills.
3. Disconnection and Reconnection due to Non-payment of Account
The Public Utilities Board has approved the Conditions Precedent to be followed by the
Municipality with respect to disconnection of service for non-payment including such matters as
notice and the right to appeal such action to The Public Utilities Board. A copy of the conditions
precedent is available for inspection at the Municipality's office.
Any service disconnected due to non-payment of account shall not be reconnected until all arrears,
penalties and a disconnection fee of $75.00 plus a reconnection fee of $75.00 have been paid.
4. Disconnection and Reconnection at Request of Customer
The Municipality shall charge a fee as shown below for a disconnection or a reconnection of a
service, if requested by a customer.
SCHEDULE "A"
THE RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO 3012
DAUPHIN WATER RATES
Service may be interrupted or disconnected as follows:
Curb Stop Turn-off $75.00
Curb Stop Turn-on $75,00
(Customers will continue to receive their quarterly utility bills, even if the curb stop has been turned off)
Meter Removal $300.00
Re-installation of Meter $150.00
(Customers will cease receiving quarterly utility billings when the water meter is removed and wilt not
receive further quarterly utility bills until the meter has been re-installed and the curb stop has been
turned on)
5. Liability for_Charaes
Pursuant to Section 252 (2) of the Municipal Act, the amount of all outstanding charges for water
services, including fines and penalties, are a lien and charge upon the land serviced, and may be
collected in the same manner in which ordinary taxes upon the land are collectible, and with like
remedies
6. Water Allowance Due to Line Freezing
That in any case where, at the request of Council, a customer allows water to run continuously for
any period of time to prevent the water lines in the water system from freezing, the charge to that
customer for the current quarter shall be the average of the billings for the last two previous
quarters to the same customer, or to the same premises if the occupant has changed.
7. Water Meters
Water meters are owned by the Municipality but are the responsibility of the utility customer to
maintain. If the water meter is broken, frozen, etc., the utility customer will be billed for a new meter
at the current cost of replacement.
8. Meter Testing
That in any case where a utility customer requests that a meter be tested for accuracy, the customer
will provide the Municipality with a deposit of $100, The Municipality will then remove the subject
meter and send it to an independent lab for testing. If the meter is found to be faulty, all costs
associated with the testing process will be borne by the Municipality and the deposit will be refunded
to the customer and the customer's account will be adjusted for the preceding four (4) months. If the
meter is found to be in proper working order, all costs associated with the testing process will be
borne by the customer and the customer will be billed or refunded any balance owing.
9. Cross Connections
No customer or person shall connect, cause to be connected or allow to remain connected any
piping, fixture, fitting, container or appliance in a manner which under any circumstances may allow
water, wastewater or any harmful liquid or substance to enter the Municipality's water system,
If a condition is found to exist which, in the opinion of the Municipality, is contrary to the aforesaid,
the Municipality may either:
Shut off the service or services; or
Give notice to the customer to correct the fault at his or her own expense within a specified time
period.
10. Conditions of Disrepair
In the event that there are conditions of disrepair in the water works on a property that detrimentally
affects the system as a whole and, upon the failure of the owner of the property to correct the
condition within a reasonable time, the Municipality, or its agents, may enter the property, effect
repairs and charge the cost thereof against the subject property as ordinary taxes.
SCHEDULE "A"
THE RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO 3012
DAUPHIN WATER RATES
11. Authorization For Officer To Enter Upon Premises
The Public Works Supervisor, or other employee authorized by the Municipality in the absence of
the Public Works Supervisor, shall be authorized to enter upon any premise for the purpose of:
Affixing to any pipe, wire or apparatus connected with any such utility, a meter or any other
measuring or testing device; or taking readings from, repairing, inspecting or removing any meter or
apparatus belonging to the Municipality.
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SCHEDULE "B"
THE RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO 3012
DAUPHIN WATER RATES
CONDITIONS PRECEDENT ALLOWING FOR COLLECTION
AND DISCONNECTION OF WATER SERVICES
FOR NON-PAYMENT OF ACCOUNTS
1.0 PURPOSE:
1.1
1.2
1.3
2.0 SCOPE:
2.1
The purpose of this document is to outline and define the disconnection and reconnection policies
and procedures for customers with water services.
Disconnection, in accordance with the steps outlined in the following policy and procedures may
occur if a customer is in arrears and full payment or payment arrangements suitable to the utility
have not been made and if so, such disconnections must occur in conformance with these
conditions precedent.
Reconnection, in accordance with the following policy and procedures will occur as soon as it is
reasonably possible after the account returns to good standing. This Policy and Procedure does
not apply to disconnection practices for routine maintenance of the utility including emergencies.
The policy and procedures apply to customers receiving water services. The procedures are
detailed to reflect the variety of situations that may occur for each of the following customers.
2.1.1 All property owners and/or tenants responsible for water services.
2.1.2 All landlords responsible for providing tenant water services covered under The Residential
Tenancies Act (C.C.S.M. c R119).
2.1.3 Where water services are added to taxes.
2.1.4 Where water service is provided beyond the boundaries of a municipality, if applicable.
3.0 DEFINITIONS:
3.1
Account Holder/Customer - shall refer to the person or persons who have applied for water
service at a particular residence, whether it be the property owner or renter
3.2 Property Owner - shall refer to the person or persons who are listed on the title of a specific
property.
3.3 Renter - is not the property owner of the subject property and shall refer to the utility account
holder/customer of the subject property.
3.4 Security Deposit - shall be based on the risk to the utility and should not exceed an estimated bill
for three months.
4.0 POLICY:
4.1
4.2
The Utility will normally confine collection activity to the person(s) identified on the account who
requested the service(s) with an implied agreement to pay or the person or agency who has
agreed to pay for the service(s), with the following exception: where a reasonable person would
expect that a customer not named on the bill is implicitly responsible for the service(s), i.e.husband
or wife (legal or common-law), that person will also be presumed to have liability for the
outstanding balance.
In order to satisfy provisions of The Freedom of Information and Protection of Privacy Act, Utilities
are encouraged to develop an agreement between the utility and the account holder/customer, with
provisions that establish at minimum conditions for service, recourse for unpaid bills, deposits
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SCHEDULE "B"
THE RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO 3012
DAUPHIN WATER RATES
required, and for renter's acknowledgement that information relating to their account status and
other information may be released to the property owner to assist with collections.
4.3 The Public Utilities Board (Board) may, on its own initiative, or at the request of a
customer review a Utility's action and make recommendations and/or orders with respect to same
as the Board may determine.
4.4 Every effort is to be made by the Utility to resolve outstanding accounts, disconnection and
reconnection issues directly with its customer(s). If a solution cannot be reached the customer may
apply to the Board for dispute resolution.
4.5 The Utility should familiarize itself with legislated provisions and the duty to report when a child is in
need of protection and/or where the life, health or emotional well-being of the child (or children) is
endangered. These provisions are contained in Part III - Child Protection - of The Child and Family
Services Act.
4.6 The Utility must make special application to the Board prior to disconnecting service to a
community or multiple residences/properties. Such an application must be shared with the affected
community (ies) and/or multiple residences/properties. The Board will consider the circumstances
and particulars of the application and provide the Utility with direction, following such process as
the Board may deem appropriate.
4.7 If a landlord is responsible for the provision of water services to tenant occupied premises, arrears
will be based on the outstanding account balance and will be subject to Residential Tenancy
Branch (RTB) procedures at the tenant occupied premises. Landlords failing to bring their
outstanding account balance to good standing will be subject to disconnection of services of the
same utility at their personal residence and any vacant premises under the same name.
4.8 This policy does not affect the Utility's right to disconnect in times of emergency and/or for reasons
of safety or for failure to comply with water rationing requirements.
4.9 The Utility will keep current data of all disconnected customers in accordance with the following
procedures.
4.10 The Utility may seek Board exemption from full disconnection procedures when faced with
customers who consistently and deliberately show patterns of payment avoidance and who clearly
understand the consequences of their actions.
5.0 PROCEDURES
5.1 DISCONNECTION PROCEDURE
Steps 1,2 and 3 must be followed on water services in arrears.
Step 1
Customers shall receive a billing statement each billing cycle for services. In some cases the bill is for past
consumption and/or minimum quarterly bill for the prior quarter and in other cases, for past consumption over the
minimum quarterly bill in the prior quarter plus the next minimum quarterly bill in advance. The due date which
appears on the bill shall be no less than 14 days after the billing date. However, failure to pay an outstanding bill may
result in the removal of the right to use the service.
Step 2
If payment is not received within 31 days from the last billing date, a message similar to the following shall appear on
a reminder statement:
"Our records indicate your account is past due. Please give this your prompt attention.
If payment or payment arrangements have been made, kindly disregard this notice."
FThe following is applicable to residential premises.]
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SCHEDULE "B"
THE RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO 3012
DAUPHIN WATER RATES
"Information on service disconnection, payment arrangements and financial assistance
is enclosed."
Sample Insert:
If your account is past due
and you have not made
payment arrangements, your
water service
could be disconnected.
The Public Utilities Board
adopted Order No, 39/09
governing the disconnection
of water service for non-payment of
account.
To make payment
arrangements, please contact
the utility at:
1-204-638-4531
If you have already made
payment arrangements,
please disregard this notice.
Financial assistance may be
available through
Employment and Income
Assistance:
- 1-800-626-4862
Additional financial
counseling and support may
be available through
Community Financial
Counseling Services:
- 1-888-573-2383
Step 3
If payment is not received within 45 days of the last billing date, a message similar to the following shall appear on
the second and final reminder notice. Reconnection fees will be charged as approved by the Board from time to time:
IMPORTANT PAST DUE NOTICE
Your account is past due. If suitable payment arrangements or full payment of the arrears are not made on or before
(enter Date {14 calendar days from date of issue}) your account will be subject to disconnection. If payment of the
arrears has already been made, please notify us immediately. If payment arrangements have already been made
kindly disregard this notice.
If your service(s) is disconnected, full payment of the arrears balance plus a reconnection fee will be required before
service is fully restored. A security deposit may also be required.
Customers may appeal the Utility's action by contacting the Public Utilities Board.
The Utility is not responsible for any damages or losses that may occur as a result of services
which are disconnected for non-payment. Please ensure you protect people, animals and property that may be
impacted by disconnection of service.
Reconnect Fees are $100.00
Your service will be disconnected on
in the a.m. or p.m.
5.2 Where the Utility bills the minimum quarterly bill in advance, and where service is not reconnected,
the bill should be adjusted and prorated accordingly, for the period from the date of disconnection
to the end of the next quarter.
5.3 The following are exceptions to the above notice requirements before disconnection:
(a) Where the customer's account was past due and where a payment arrangement was made and
subsequently broken, the Utility may disconnect the customer's service with 7 calendar days
notice.
(b) Where the customer's account was past due for services billed at a previous premise, the Utility
may, with 10 days notice, disconnect the customer's service at the new premise if the customer
fails to make a payment arrangement.
The Utility shall take all reasonable steps to collect the arrears from its account holder/customer before
adding any arrears to taxes.
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SCHEDULE "B"
THE RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO 3012
DAUPHIN WATER RATES
5.4 A message similar to the following shall appear on any future billing statements where services
have been disconnected:
"Your account remains outstanding despite previous requests for payment. Failure to pay the outstanding
account balance may make your account subject to legal action. Please call the phone number on the front
of your billing statement or pay in person. If payment of the arrears has already been made please notify the
Utility immediately. If payment arrangements have already been made kindly disregard this notice."
6.0 RECONNECTION OR RESTORATION OF SERVICE PROCEDURE:
6.1 No reconnection of service(s) shall occur unless full payment of the arrears or payment
arrangements is made suitable to the Utility including a reconnection fee. Reconnection terms may
also include the payment of a security deposit.
6.2 All reasonable efforts shall be made to reconnect or restore the service as soon as possible.
7.0 GENERAL GUIDELINES FOR RENTAL PROPERTIES:
7.1 The renter and property owner are both responsible for providing notice and meter readings to the
utility when vacating or renting a premise for the first time.
7.2 If the new renter has an unpaid amount, the utility may refuse service to the tenant.
7.3 The departing tenant will be responsible for services to the date of departure and the arriving
tenant or the property owner will be responsible on the date the new tenant takes occupancy.
7.4 If there is a period of time between departing tenant and the arriving tenant the property owner will
be responsible for the service charge.
7.5 The renter's deposit, if applicable, will be applied to the utility bill at this time. In the case where the
amount of the deposit, if applicable, exceeds the amount of the final bills and a credit is shown on
the utility account, the credit is then refunded to the renter in the form of a cheque.
8.0 REPORTING REQUIREMENTS:
8.1 The Utility shall record the following information which the Board may request at any time:
(a) the name of the account holder disconnected;
(b) efforts made by the Utility to contact the customer (bill messages, letters, telephone
calls, personal visits) and the results of such efforts.
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