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THE RURAL MUNICIPALITY OF MACDONALD
BY-LAW NO. 4/23
BEING A BY-LAW OF THE RURAL MUNICIPALITY
OF MACDONALD to establish new utility rates for
Macdonald Water and Wastewater Utility.
WHEREAS the Rural Municipality of Macdonald owns and operates the Macdonald Water
Utility and the Macdonald Wastewater Utility;
AND WHEREAS The Municipal Act, S.M. 1996, c.58, states in part:
Spheres of jurisdiction
232 (1) A council may pass by-laws for municipal purposes respecting the following
matters:
(l) public utilities;
Exercising by-law making powers
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;
General Powers
250 (2) Without limiting the generality of subsection (1), a municipality may for
municipal purposes do the following:
(c) acquire, establish, maintain and operate services, facilities and utilities;
Powers respecting works, services utilities
252 (1) A municipality exercising powers in the nature of those referred to in
clauses 250(2)(b), (c) and (e) may set terms and conditions in respect of users,
including
(a) setting the rates or amounts of deposits, fees and other charges, and
charging and collecting them;
(b) providing for a right of entry onto private property to determine
compliance with other terms and conditions, to determine the amount of
deposits, fees or other charges, or to disconnect a service; and
(c) discontinuing or disconnecting a service and refusing to provide the
service to users who fail to comply with the terms and conditions.
Collection of Fees
252 (2) A charge referred to in clause (1) (a) may be collected by the municipality in
the same manner as a tax may be collected or enforced under this act.
AND WHEREAS the Rural Municipality of Macdonald intends to amalgamate the
Macdonald Water Utility and the Macdonald Wastewater Utility into one utility to be
known as the Macdonald Water and Wastewater Utility;
AND WHEREAS it is deemed advisable to provide rates for January 1, 2024, January 1,
2025, January 1, 2026 and January 1, 2027 and thereafter to be paid by persons to
whom water and wastewater services are supplied by Macdonald Utility and to provide for
the collection thereof;
NOW THEREFORE the Council of The Rural Municipality of Macdonald, in session duly
assembled hereby enacts as follows:
1. THAT the Macdonald Water Utility and the Macdonald Wastewater Utility are
hereby amalgamated into one utility to be known as the Macdonald Water and
Wastewater Utility.
2. THAT all accounts for minimum quarterly charges for metered services as set
forth in the Schedule of Quarterly Rates shall be billed quarterly. Consumers
shall pay for water and wastewater service supplied to them by Macdonald
Water and Wastewater Utility at the rates and terms set out in Schedule "A"
attached hereto and forming part of this by-law.
3. THAT the Rural Municipality of Macdonald reserves the right to discontinue the
supply of water for fountains, jets, hoses and sprinklers, or to limit the hours
for use of the same, whenever, at the discretion of Council it is in the best
interests of the public to do so.
4. THAT no person, other than the Fire Chief or someone acting on his/her behalf,
or a representative of the Municipality duly authorized in writing by the
Municipal CAO, shall open or use any fire hydrant, either for construction
purposes, street cleaning, or any other purpose.
5. THAT the meter shut off valve inside premises serviced with water by the
Municipality, shall be readily accessible and not used by the owner except for
the protection of the premises. No person shall tamper with the meter or cause
the water supply to bypass the meter. All pipes and valves inside the premises
shall be kept in good repair by the owner or occupant. Any damage through
neglect or otherwise, by a contractor for the owner or occupant, to the water
service pipes from the street to the premises including the meter shall be the
responsibility of the owner or occupant.
6. THAT no person shall wilfully or maliciously hinder or cause to hinder the
Municipality or its representative in the exercise of their duties in relation to the
operation and maintenance of the water or wastewater system.
7. THAT any person violating any provision of this by-law shall:
a. be guilty of an offence and, upon conviction, liable to a fine not exceeding
one thousand dollars ($1,000) and costs for each violation;
b. be liable to the Rural Municipality of Macdonald for any expense, loss or
damage suffered by the Municipality as a result of the violation;
c. be liable for the repairs and costs of the repairs to the system as a result
of the violation. If that person is in default of effecting the repairs, the
Municipality may effect the repairs and charge the cost thereof to that
persons, or add the cost to property taxes and collect those property
taxes in the same manner as other property taxes.
8. THAT this by-law and rates for January 1, 2024, January 1, 2025, January 1,
2026 and January 1, 2027 and thereafter, shall come into force and be effective
on, from and after both approval of the Public Utilities Board of Manitoba and
receipt of third and final reading thereof.
9. THAT By-law No. 6/15 and its amendments are hereby repealed.
DONE and PASSED by the Council of the Rural Municipality of Macdonald, in Council
duly assembled, at Sanford, Manitoba this 23rd day of January, A.D., 2024.
THE RURAL MUNICIPALITY OF MACDONALD
Original Signed by
"B. Erb"
Brad Erb
Reeve
"D. Hrehirchuk"
Daryl Hrehirchuk
Chief Administrative Officer
Read a First time this 14th day of February A.D., 2023
Read a Second time this 23rd day of January A.D., 2024
Read a Third time this 23rd day of January A.D., 2024
Schedule "A" to By-Law No. 4/23
Page 1
WATER & WASTEWATER UTILITY RATES
SCHEDULE "A"
SCHEDULE OF QUARTERLY RATES
1. Schedule of Commodity Rates & Quarterly Service Charge
January 1, 2024
Quarterly Service Charge
$8.15
Quarterly Rates
Water
Wastewater
Water & Wastewater
Per Cubic Meter
$3.00
$1.21
$4.21
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 & Wastewater Customers
Group
Capacity
Water
Included
Customer
Service
Water
Commodity
Charge
Wastewater
Commodity
Charge
Water
& Wastewater
Total Quarterly
Meter Size
Ratio
C.M.
Charge
Charge
Charge
Minimum
16mm - 5/8"
1
14
$8.15
$42.00
$16.94
$67.09
19mm - 3/4"
2
28
$8.15
$84.00
$33.88
$126.03
25mm - 1"
4
56
$8.15
$168.00
$67.76
$243.91
38mm - 1 ½"
10
112
$8.15
$336.00
$135.52
$479.67
50mm - 2"
25
224
$8.15
$672.00
$271.04
$951.19
75mm - 3"
45
448
$8.15
$1,344.00
$542.08
$1,894.23
100mm - 4"
90
896
$8.15
$2,688.00
$1,084.16
$3,780.31
150mm - 6"
170
1,792
$8.15
$5,376.00
$2,168.32
$7,552.47
200mm - 8"
300
3,584
$8.15
$10,752.00
$4,336.64
$15,096.79
b. Water Only for Customers
The minimum charge will be the same for each meter size as shown above but the
Wastewater Commodity Charge will be excluded.
c. Wastewater Only Customers
The Wastewater only charge is the Wastewater Commodity Rate based on quarterly
consumption of 42 cubic meters plus the quarterly customer service charge. The
quarterly charge for wastewater only customers is (42 x $1.21) + $8.15 = $58.97.
3. Bulk Water Sales
All treated water sold in bulk by the Macdonald Utility will be charged at the rate of $3.25
per cubic meter.
1. Schedule of Commodity Rates & Quarterly Service Charge
January 1, 2025
Quarterly Service Charge
$8.30
Quarterly Rates
Water
Wastewater
Water & Wastewater
Per Cubic Meter
$3.25
$1.12
$4.37
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 & Wastewater Customers
Group
Capacity
Water
Included
Customer
Service
Water
Commodity
Charge
Wastewater
Commodity
Charge
Water
& Wastewater
Total Quarterly
Meter Size
Ratio
C.M.
Charge
Charge
Charge
Minimum
16mm - 5/8"
1
14
$8.30
$45.50
$15.68
$69.48
19mm - 3/4"
2
28
$8.30
$91.00
$31.36
$130.66
25mm - 1"
4
56
$8.30
$182.00
$62.72
$253.02
38mm - 1 ½"
10
112
$8.30
$364.00
$125.44
$497.74
50mm - 2"
25
224
$8.30
$728.00
$250.88
$987.18
75mm - 3"
45
448
$8.30
$1,456.00
$501.76
$1,966.06
100mm - 4"
90
896
$8.30
$2,912.00
$1,003.52
$3,923.82
150mm - 6"
170
1,792
$8.30
$5,824.00
$2,007.04
$7,839.34
200mm - 8"
300
3,584
$8.30
$11,648.00
$4,014.28
$15,670.38
b. Water Only for Customers
The minimum charge will be the same for each meter size as shown above but the
Wastewater Commodity Charge will be excluded.
c. Wastewater Only Customers
The Wastewater only charge is the Wastewater Commodity Rate based on quarterly
consumption of 42 cubic meters plus the quarterly customer service charge. The
quarterly charge for wastewater only customers is (42 x $1.12) + $8.30 = $55.34.
3. Bulk Water Sales
All treated water sold in bulk by the Macdonald Utility will be charged at the rate of $3.50
per cubic meter.
1. Schedule of Commodity Rates & Quarterly Service Charge
January 1, 2026
Quarterly Service Charge
$8.45
Quarterly Rates
Water
Wastewater
Water & Wastewater
Per Cubic Meter
$3.50
$1.03
$4.53
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 & Wastewater Customers
Group
Capacity
Water
Included
Customer
Service
Water
Commodity
Charge
Wastewater
Commodity
Charge
Water
& Wastewater
Total Quarterly
Meter Size
Ratio
C.M.
Charge
Charge
Charge
Minimum
16mm - 5/8"
1
14
$8.45
$49.00
$14.42
$71.87
19mm - 3/4"
2
28
$8.45
$98.00
$28.84
$135.29
25mm - 1"
4
56
$8.45
$196.00
$57.68
$262.13
38mm - 1 ½"
10
112
$8.45
$392.00
$115.36
$515.81
50mm - 2"
25
224
$8.45
$784.00
$230.72
$1,023.17
75mm - 3"
45
448
$8.45
$1,568.00
$461.44
$2,037.89
100mm - 4"
90
896
$8.45
$3,136.00
$922.88
$4,067.33
150mm - 6"
170
1,792
$8.45
$6,272.00
$1,845.76
$8,126.21
200mm - 8"
300
3,584
$8.45
$12,544.00
$3,691.52
$16,243.97
b. Water Only for Customers
The minimum charge will be the same for each meter size as shown above but the
Wastewater Commodity Charge will be excluded.
c. Wastewater Only Customers
The Wastewater only charge is the Wastewater Commodity Rate based on quarterly
consumption of 42 cubic meters plus the quarterly customer service charge. The
quarterly charge for wastewater only customers is (42 x $1.03) + $8.45 = $51.71.
3. Bulk Water Sales
All treated water sold in bulk by the Macdonald Utility will be charged at the rate of
$3.75 per cubic meter.
1. Schedule of Commodity Rates & Quarterly Service Charge
January 1, 2027
Quarterly Service Charge
$8.58
Quarterly Rates
Water
Wastewater
Water & Wastewater
Per Cubic Meter
$3.76
$0.94
$4.70
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 & Wastewater Customers
Group
Capacity
Water
Included
Customer
Service
Water
Commodity
Charge
Wastewater
Commodity
Charge
Water
& Wastewater
Total Quarterly
Meter Size
Ratio
C.M.
Charge
Charge
Charge
Minimum
16mm - 5/8"
1
14
$8.58
$52.64
$13.16
$74.38
19mm - 3/4"
2
28
$8.58
$105.28
$26.32
$140.18
25mm - 1"
4
56
$8.58
$210.56
$52.64
$271.78
38mm - 1 ½"
10
112
$8.58
$421.12
$105.28
$534.98
50mm - 2"
25
224
$8.58
$842.24
$210.56
$1,061.38
75mm - 3"
45
448
$8.58
$1,684.48
$421.12
$2,114.18
100mm - 4"
90
896
$8.58
$3,368.96
$842.24
$4,219.78
150mm - 6"
170
1,792
$8.58
$6,737.92
$1,684.48
$8,430.98
200mm - 8"
300
3,584
$8.58
$13,475.84
$3,368.96
$16,853.38
b. Water Only for Customers
The minimum charge will be the same for each meter size as shown above but the
Wastewater Commodity Charge will be excluded.
c. Wastewater Only Customers
The Wastewater only charge is the Wastewater Commodity Rate based on quarterly
consumption of 42 cubic meters plus the quarterly customer service charge. The
quarterly charge for wastewater only customers is (42 x $0.94) + $8.58 = $48.06.
3. Bulk Water Sales
All treated water sold in bulk by the Macdonald Utility will be charged at the rate of $4.00
per cubic meter.
The following clauses take effect January 1, 2024:
4.
Service To Customers Outside Utility's Limits
The Council of the Rural Municipality of Macdonald may sign Agreements with
customers for the provision of water and wastewater services to properties located
outside the boundaries of Macdonald. Such Agreements shall provide for payment of the
appropriate rates set out in the 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 Macdonald
boundaries. In addition, all costs of connecting to the Utility's mains, and installing and
maintaining service connections, will be paid by the customer.
5.
Billings And Penalties
Accounts shall be billed quarterly based on water used. A late payment charge of 1.25%
per month, compounded monthly, shall be charged on the dollar amount owing after the
billing due date. The due date shall be at least 14 days after the mailing of the bills.
6.
Disconnection
The Public Utilities Board has approved the Conditions Precedent, PUB Order 39/09, 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. In accordance with PUB Order 39/09, the disconnection procedure
shall be:
a. Customers shall receive a billing statement each billing cycle for services. The due
date which appears on the bill shall be no less than 14 days after the billing date.
b. If payment is not received within 31 days from the last billing date, notice will be
provided.
c. If payment is not received within 45 days of the last billing date, a second and final
reminder shall be provided indicating the disconnection date. A disconnection fee of
$100.00 will be assessed.
7.
Disconnection Exceptions
The following exceptions to the above notice requirements prior to disconnection
a. Where the customer's account was past due and where a payment arrangement was
made and subsequently broken, the Municipality 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 Municipality may, with 10 days notice, disconnect the customer's service at the
new premise if the customer fails to make a payment arrangement.
8.
Reconnection
Any service disconnected, whether due to non-payment of account or for any other
reason(s) mutually agreed to by the customer and the Municipality (ie. repairs
necessitated by negligence of the customer, changes in tenant, vacancy for an extended
period of time, etc.) shall not be reconnected until a reconnection fee of $100.00 and all
arrears and penalties, if any, have been paid.
9.
Reconnection of Requested Disconnection
Any customer wishing to have billings discontinued due to vacancy of premises shall be
required to pay two times the minimum quarterly utility billing to have services resume.
This reconnection fee is to be based upon the customers connected service(s).
10. Outstanding Bills
Pursuant to Section 252(2) of The Municipal Act, the amount of all outstanding charges
for water and wastewater services are a lien and charge upon the land serviced, and
shall be collected in the same manner in which ordinary taxes upon the land are
collectible, and with like remedies. Where charges and penalties pursuant to this by-law
are not paid within sixty (60) days from the date when they were incurred, said charges
and penalties shall be added to the taxes on the property and collected in the same
manner as other taxes.
11. Hydrant Charges
The Rural Municipality of Macdonald will pay to the utility an annual rental of $150.00
for each hydrant connected to the system which includes the cost of water for
firefighting.
12. Water Meters
a. The Municipality shall supply an appropriate sized water meter.
b. The meter shall be installed by the Municipality and the costs shall be the
responsibility of the property owner.
c. The meter shall be installed above the floor as approved by the Municipality.
d. The meter shall be located as close as practical to the point of entry of the water line.
Ample room must be provided for access to the meter and main valve at all times.
e. The meter shall be in a horizontal position with the main shut off valve immediately
before the meter. Another valve shall be installed downstream of the meter before
any distribution piping or ports.
f. No distribution piping or ports shall be allowed before the meter.
g. The meter shall be protected from any type of damage including freezing.
h. Costs for any damage and labour for repairs to the water meter and associated
equipment shall be the responsibility of the property owner.
i. Any customer wishing to have a meter tested for accuracy will pay in advance a fee
of $150, plus any applicable meter testing costs. In the event the meter tests prove
that the meter is recording water flows in excess of actual flows, the meter testing fee
and associated costs will be refunded to the customer and the customer's account
will be reviewed and adjusted accordingly.
j. Where there is evidence of meter tampering a minimum charge of $1,000 will be
applied to the customer's account in addition to an amount calculated to adjust for
the tampering based on historical usage.
13. Estimating Consumptions
Where a meter is found not in use or out of proper working order or the scheduled
reading is not obtained, or where no meter is installed, the Chief Administrative Officer
shall estimate the consumption of water used for any quarter or other period based on
the amount of water consumed during the time the meter was working or from any
other information or source available, and such estimate shall be the basis for billing
the customer or water used.
14. Water Allowance Due to Line Freezing
At the request of Council, a customer may be requested to run water continuously for a
period of time to prevent the water distribution lines from freezing. The charge incurred
to the 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.
15. Cross Connections
No person shall make any connection or communication of an independent water
supply with a pipe or main which is part of or connected to the waterworks system.
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.
16. Conditions of Disrepair
In the event that there are conditions of disrepair in the wastewater and 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.
17. Authorization For Officer To Enter Upon Premises
The Public Works Manager, or other employee authorized by the Municipality in the
absence of the Public Works Manager, 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.
18. Wastewater Surcharges
a) There may be levied annually, in addition to the rates set forth above, a special
surcharge on wastewater having a Biochemical Oxygen Demand in excess of 300
parts per million, to be set by Resolution of Council.
b) A special surcharge for substances requiring special treatment shall be charged
based on the actual costs of treatment required for the particular wastewater or
industrial waste.
19. Septic Truck Tipping Fees
The charge for septic truck tipping will be $25.85 per truck load for loads up to and
including 1,500 gallons, and $51.70 per truck load for loads over 1,500 gallons.