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RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 1-2021
BEING a By-law of the Rural Municipality of Roland
to establish water and sewer rates
within the said Rural Municipality of Roland
WHEREAS the Rural Municipality of Roland owns and operates a water and sewer facility
within the limits of the Rural Municipality of Roland;
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:
(1)
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 BE IT ENACTED:
1.
THAT By-law No. 8-2019, enacted by the Council of the Rural Municipality of Roland, be
hereby repealed.
2.
THAT all accounts for minimum quarterly charges for metered services as set forth in the
Schedule of Quarterly Rates shall be billed quarterly in advance together with any excess
charges for metered water and sewer services for the preceding quarter. Consumers shall
pay for water and sewer services supplied to them by the Rural Municipality of Roland at
the rates and terms set out in Schedule "A" attached hereto and forming part of this by-
law.
3.
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.
PASSED AND ENACTED by the Rural Municipality of Roland, in Council duly assembled
this 9th day of February, 2021.
______________________________
Michael Pfrimmer, Reeve
______________________________
Kristin Olson, C.A.O.
SCHEDULE "A"
RURAL MUNICIPALITY OF ROLAND
WATER AND SEWER RATES
BY-LAW NO. 1-2021
First Reading January 12, 2021
Second Reading February 9, 2021
Third Reading February 9, 2021
1.
Commodity rates per M.G.
Water
Sewer
Water & Sewer
All water consumption per 1000 gal
$13.43
$4.25
$17.68
per cubic meter
$2.96
0.94
3.90
2.
Minimum Charges, Quarterly
Notwithstanding the Commodity rates set forth in paragraph 1 hereof, all customers will pay
the applicable minimum charges set out below, which will include water allowances indicated:
(a)
Water and Sewer Customers
(b) Water only customers
Minimum charge will be the same for each meter size as shown above, but the sewer
commodity charge will be excluded
3.
Bulk Sales Rate
All water sold in bulk by the Rural Municipality of Roland shall be charged for at
the rate of $17.24 per 1,000 gallons.
4.
Service to Customers Outside Municipality
The Council of the Rural Municipality of Roland may sign agreements with
customers for the provision of water and sewer services to properties located
outside the legal boundaries of the Municipality. 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 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 these 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. A late payment charge of 1.25% per month shall be
charged on the dollar amount owing after billing due date. The due date will be at
least
fourteen days
after the mailing of the bills.
6.
Disconnection
All utilities subject to The Public Utilities Board Act shall comply with the Conditions
Precedent for water and/or sewer service disconnection, as attached hereto and marked as
Schedule "B".
7.
Reconnection
Any service disconnected for any reason shall not be reconnected until all regulations
have been complied with, and all arrears, penalties and a reconnection fee of $15.00
have
been paid.
8.
Outstanding Bills
Pursuant to Section 252(2) of The Municipal Act, the amount of all outstanding
charges for water and sewer services, including fines and penalties, 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.
9.
Water Allowance Due to Line Freezing or Sewer Issues
Meter
Size
Group
Capacity
Ratio
Water
Included
Gallons(cu.m.)
Customer
Service
Charge
Commodity
Water
Charges
Sewer
Total
Quarterly
Minimum
5/8"
1
3,000 (14)
$6.59
$40.29
$12.75
$59.63
3/4"
2
6,000 (28)
$6.59
$80.58
$25.50
$112.67
1"
4
12,000 (56)
$6.59
$161.16
$51.00
$218.75
1 1/2"
10
30,000 (140)
$6.59
$402.90
$127.50
$536.99
2"
25
75,000 (350)
$6.59
$1,007.25
$318.75
$1,332.59
That in any case where, at the request of the Council, a customer allows water to run
continuously for any period of time to prevent the water lines in the water system from
freezing or the sewer lines in the sewer system from plugging, the charge to the customer
for the current quarter shall be the average of the billings for the las two
previous quarters
to the same customer, or to the same premises if the occupant has changed.
10.
Meter Accuracy Testing
That any customer may request that his/her water meter be tested for accuracy and
before having the same tested by the municipality, he/she shall deposit with the Chief
Administrative Officer the sum of One Hundred ($100.00) Dollars, which shall be retained
and if the meter shall be found to be accurate, the said sum of One Hundred
($100.00)
Dollars shall be
retained by the municipality and if the meter is found to be
inaccurate,
the said sum of One Hundred ($100.00) Dollars will be returned to the
customer.
11.
Sewage Surcharges
(a)
There may be levied annually, in addition to rates set forth above, a special
surcharge on sewage 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 sewage or
industrial wastes.
RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 1-2021
SCHEDULE "B"
Conditions Precedent Allowing for Collection and Disconnection of Water and/or
Sewer Services for Non-Payment of Accounts
POLICY AND PROCEDURES
1.0PURPOSE:
The purpose of this document is to outline and define the disconnection and reconnection
policies and procedures for customers with water and/or sewer 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.
2.0 SCOPE:
The policy and procedures apply to customers receiving water and/or sewer services. The
procedures are detailed to reflect the variety of situations that may occur for each of the
following customers.
2.1
All property owners and/or tenants responsible for water and/or sewer services.
2.2
All landlords responsible for providing tenant water and/or sewer services covered under
The Residential Tenancies Act (C.C.S.M. c R119).
2.3
Where water and/or sewer services are added to taxes.
2.4
Where water is sold in bulk.
2.5
Where sewage is dumped into a treatment facility.
2.6
Where water and/or sewer service is provided beyond the boundaries of a municipality, if
applicable.
3.0 DEFINITIONS:
Account Holder/Customer - shall refer to the person or persons who have applied for water
and/or sewer service at a particular residence, whether it be the
property owner
or renter
Property Owner - shall refer to the person or persons who are listed on the title of a specific
property.
Renter - is not the property owner of the subject property and shall refer to the utility account holder/
customer
of the subject property.
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 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.
4.2 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
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 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.
4.6 If a landlord is responsible for the provision of water and/or sewer 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.
4.7 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.
4.8 The Utility will keep current data of all disconnected customers in accordance with the following
procedures.
4.9 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 and/or sewer 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. Bulk water customers or customers dumping sewage may have special billing arrangements.
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."
[The following is applicable to residential premises.]
"Information on service disconnection, payment arrangements and financial assistance is
enclosed."
Sample Insert:
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 $15.00.
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.
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."
If your account is past
due and you have
To make payment
arrangements, please
Financial assistance may be
available
not made payment
arrangements, your
contact the utility at:
through Employment and Income
water and/or sewer
service could be
[Insert contact information
here]
Assistance:
disconnected.
If you have already made
payment
- 1-800-626-4862
arrangements, please
disregard this notice.
Additional financial counseling and
The Public Utilities
Board adopted Order
support may be available through
No. --/08 governing the
disconnection of
Community Financial Counseling
water and/or sewer
service for nonpayment
Services:
of account.
- 1-888-573-2383
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.
7.6 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;
(c) any evidence of the customer either contacting, or being encouraged to contact an
appropriate social agency;
(d) if known, details of any follow-up action being undertaken by a social agency; and
(e) information indicating the presence of children, the elderly and the disabled.
Where there are children 12 and under, the matter will be referred in writing to Child and Family
Services as soon as the facts are known.