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By~law Number 26~08
The Corporation of the Township of Clearview
Being a By~law to regulate, control and provide safe municipal water
supply within the Township of Clearview
(Safe Water Supply By~law)
Whereas the Safe Drinking Water Act, 2002, provides for the protection of human
health and the prevention of drinking water health hazards through the control and
regulation of drinking water systems and testing;
And Whereas the Municipal Act, 2001, as amended, provides that a lower~tier
municipality may pass by laws respecting public utilities, including water
production, treatment, storage and distribution where Counties are not assigned
exclusive jurisdiction;
And Whereas under the Municipal Act, 2001, as amended, states that a public
utility is defined as a system providing water services to the public;
And Whereas under section 80 (1) of the Municipal Act, 2001, as amended, a
municipality may, at reasonable times, enter on land to which it supplies a public
utility,
(a) to inspect, repair, alter or disconnect the service pipe or wire, machinery,
equipment and other works used to supply a public utility or
(b) to inspect, install, repair, replace or alter a public utility meter.
And Whereas under section 80 (2) of the Municipal Act, 2001, as amended, a
municipality, after reasonable notice is given, may shut off or reduce the supply of
the public utility to the land;
And Whereas the Council of the Corporation of the Township of Clearview deems it
necessary and desirable to establish a by~law for the purpose of regulating,
controlling and providing safe supply of municipal water to inhabitants of the
Township;
Now Therefore the Council of the Corporation of the Township of Clearview hereby
enacts as follows:
1.
Definitions
1.1
For the purpose of this by~law the following definitions shall apply:
By~law 26~08
Page 2 of 22
"Building" means any structure with a pressurized water supply used or intended
for supporting or sheltering any use or occupancy with the land and premises
appurtenant thereto and shall include a dwelling as defined in this by~law.
"By~law Enforcement Officer" means a person appointed by the Municipality to
enforce the by~laws of the Corporation of the Township of Clearview.
"Consumer" means any owner, occupant, lessee, tenant or any person or
company purchasing water from the Township.
"Contractor" means a person, partnership, or corporation who contracts to
undertake the execution of work commissioned by the owner or the Municipality to
install or maintain mains, service mains, services, hydrants and other
appurtenances.
"Council" means the Council of the Corporation of the Township of Clearview.
"Critical Water Period" means any period of time during which the Director of
Public Works or their designate, is of the opinion that the level of available water is
not at a sufficient level to maintain domestic, commercial or firefighting
requirements.
"Cross Connection" means any temporary, permanent or potential water
connection between any part of a potable water system and any environment
containing other substances in a manner, which, under any circumstances, would
allow such substances to enter the potable water system. Other such substances
include, but are not limited to, gases, liquid or solids such as chemicals, waste
products, steam, water from other sources (potable or non~potable), or any matter,
which may change the colour or add odour to the water. Such connections would
include and not be limited to swivel or changeover devices, removable sections,
jumper connections and bypass arrangements.
"Cross Connection Control Device" means a mechanical valve which when
connected to a Water Service Pipe prevents a Cross Connection, in accordance with
the Ontario Building Code Act, as amended or replaced, including all regulations
thereto, as revised from time to time, and "CAN/CSA~B64 SERIES~11, Backflow
preventers and vacuum breakers.
"Customer" means any person who enters into a verbal or written contract with
the Municipality to take water from the Municipality or to receive water related
services from the Municipality and shall include an "occupant" and "owner" as
defined in this by~law.
"Director" means the Director of Public Works for the Township of Clearview or
their designate.
"Domestic water use" means drinking water used for such things as drinking,
preparing food, bathing, washing clothes, washing dishes, etc. As well as all water
used for residential, commercial, industrial, and institutional purposes.
By~law 26~08
Page 3 of 22
"Dwelling" means any building, trailer or other covering or structure, the whole or
any portion of which has been used, is used or intended for use or is capable of
being used for the purpose of human habitation with the land and premises
appurtenant thereto.
"Fire Chief" means the Chief of the Township of Clearview Fire & Emergency
Services.
"Garden" means a piece of ground for the growing of fruits, flowers and/or
vegetables.
"Inspector" means any employee authorized by the Township to conduct
inspections related to this by~law.
"Main" means every water pipe, except services and portions of private mains as
herein defined, installed on the public road allowance or on any other land upon
which the Municipality has obtained easements.
"Meter" means the water meter and appurtenance (including Encoder Receiver
Transmitter) supplied and owned by the Municipality to measure the quantity of
water used by the customer.
"Minimum charge" means the charge applied to any premises with pipes
connecting it to the Municipal water system even if no water is used or where fire
protection is available from the Municipal water system to the property.
"Multiple unit building" means a single building, served by a private water
service, and containing two or more dwelling units or other units not served by an
individual water service pipe.
"Municipal Act" means the Municipal Act, 2001, S.0. 2001, c. 25, as amended or
replaced.
"Municipal address" means a building or buildings identified by a number.
"Municipal Water Area" means an area within the Township of Clearview that is
serviced by a Municipal Water System.
"Municipal Water Supply" means the water supplied from a Municipal Water
System.
"Municipal Water System" means all water works established by the Township or
the former municipality in the built areas of Nottawa, Colling~Woodlands,
Buckingham Woods, Stayner, New Lowell and Creemore, and shall include any
extensions to the Municipal Water Systems or additional waterworks authorized by
an Act, by~law or agreement between the Township or its predecessors, but shall
not include any private waterworks which have not been acquired, established,
maintained, accepted by the Township or its predecessors.
By~law 26~08
Page 4 of 22
"Municipality or Township" means the Corporation of the Township of Clearview.
"Occupant" means any lessee, tenant, owner, the agent of a lessee, tenant or
owner, or any person in possession of a premise or dwelling unit.
"Owner" means any person who or any firm or corporation that is the registered
owner of the property under consideration or any agent thereof, a person entitled
to a limited estate in land, a trustee in whom land is vested, a committee of the
estate of a mentally incompetent person, an executor, an administrator and a
guardian.
"Person" means any human being, association, firm, partnership, private club,
incorporated company, corporation, agent or trustee and the heirs, executors or
other legal representatives of a person to who the context can apply according to
the By~law.
"Plumbing System" means the system of connected piping, fittings, valves,
equipment, fixtures and appurtenances contained in plumbing that begins, is
located and is connected immediately after the meter.
"Potable Water" means water that is fit for human consumption also known as
drinking water.
"Premises" means any house, tenement, building, lot, or part of a lot, or both, in,
through, or past which water service pipes run.
"Private Main" means a pipe connected to a Main and installed on private
property and from which more than one service and/or hydrant lateral are
connected.
"Property" means a parcel of land that has a unique roll number, which has a
dwelling or building. In the case of a condominium, it will be the cumulating of
parcels of land that form the condo site.
"Service Stub" means the portion of a Water Service Pipe from a main to the
property line, which will always include one control valve.
'
"Service Valve" means the valve on the water service or private main owned and
used by the Municipality to shut off or turn on the water supply from the
Municipality's waterworks distribution system to any premises.
"Single Detached Residence" means a single dwelling, which is freestanding,
separate and detached from other main buildings or main structures, including a
split~level dwelling.
.
"Treasurer" means the Treasurer of the Corporation of the Township of Clearview
or their designate.
"Water" means potable water supplied by the Municipality.
By~law 26~08
Page 5 of 22
"Water Distribution System" means mains with connections to feeder mains,
feeder mains within subdivision lands, private mains, Water Service Pipes, fire
hydrants, and service valves and all other appurtenances thereto.
"Water Related Services" shall include but not be limited to those items set out
under the heading "Miscellaneous Charges" in Schedule "A" of this by~law.
"Water Service Pipe" means the pipe and fittings that convey potable water from
a connection on a main or private main to the meter location, or, for a fire service,
to the inside of the exterior wall of a structure.
"Waterworks" means any works for the production, treatment, storage, supply
and distribution of water, or any part of any such works, owned and operated by
the Municipality, but does not include any Service Extension, Private Main, or
Plumbing System to which the Ontario Building Code Act, as amended or replaced,
including all regulations thereto, as revised from time to time.
2.
Administration
2.1.
This By~law shall be administered by the Director of Public Works of the
Township or such other person or persons as Council may, by By~law,
appoint and all such persons shall be considered an inspector under the
terms of the By~law.
2.2.
This By~law shall be enforced by the Director of Public Works or their
designate(s) and By~law Enforcement Officer(s) or such other person or
persons as the Council may appoint by By~law.
2.3.
An inspector under this By~law:
a)
Has the power to enter upon and examine any yards or buildings, other
than a dwelling, at any reasonable time or times; and
b)
May be accompanied by such other persons, as they deem necessary to
properly carry out their duties under this By~law.
3.
Connections
3.1.
Every owner of a property located within a Municipal Water Area who wishes
to connect an existing building to the Municipal Water System shall apply in
writing to the Township. All applications for connection to the Municipal
Water System shall be accompanied by the Connection Fee as set out in the
Township's Fees and Charges By~law.
3.2.
No person shall proceed with the construction, or any work related to the
connection to the Drinking Water System until the application is approved to
the satisfaction of the Director of Public Works.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
3.10.
By~law 26~08
Page 6 of 22
Every existing or new building constructed or used for commercial, industrial
or residential purposes on property located within a Municipal Water Area
shall be connected to the Municipal Water System. An application for
connection to the Municipal Water System shall be filed with the Township
prior to the issuance of a building permit and shall be accompanied by the
Connection Fee set out in the Township's Fees and Charges By~law.
The Township reserves the right to refuse any application for connection to
the Municipal Water System, if the existing system is at capacity or where
excess capacity has been allocated to other properties within the Municipal
Water Area.
Where the water works must be extended from the water main to the
property line in order to provide for a new water service connection, the
owner shall, in addition to the Connection Fee, be responsible for the cost of
the installation of the water works from the water main to the property line.
An estimate of this cost shall be provided by the Director of Public Works at
the time of application and the owner shall deposit said amount with the
Township prior to issuance of the Connection Permit.
Prior to connection to the Municipal Water System, the owner must deposit
with the Township, the Service Connection Fee as set out in the Township's
Fees and Charges By~law. In the event that the actual cost exceeds the fee,
the owner shall be invoiced the difference. If payment of said invoice is not
received within ninety (90) days, the outstanding balance may be added to
the tax roll and collected in the same manner as taxes.
Every property connected to a Municipal Water System shall have its own
individual connection.
An owner of a building to be connected to a Municipal Water System shall
install an angle meter stop control valve on the water service where it enters
the building. The control valve will be installed as per the Township of
Clearview's specification. This control valve is in addition to the curb stop
located on the service pipe at the property line.
The owner shall be held liable for any damage to the meter or other
equipment of the Township whether caused by carelessness or negligence on
the part of the owner, or on part of any person acting for or on behalf of the
owner and in particular, without limiting the forgoing, for damage occasioned
by operating the Township's curb stop in lieu of a control valve, for damage
due to ground wire attachments and for damage to the meter caused by hot
water or steam from the building or from frost.
All water service extensions to and including the meter shall be properly
protected from frost and any other damage at the expense and risk of the
3.11.
3.12.
3.13.
3. 14.
3.15.
By~law 26~08
Page 7 of 22
owner of the property being serviced. The owner shall be responsible for the
water loss occasioned by a leak in the water service extension and/or private
main and the charge for such water loss shall be determined by the Director,
shall be paid by the owner upon demand by the Township, and the Township
shall not be held responsible for any damages arising from such leakage.
When any premises is left vacant or without heat, it is the owner's
responsibility to shut off the water supply from within the premises and to
drain the piping therein. The owner or occupant may apply to the Township
to have the service valve turned off to stop water supply. The valve will be
turned on only at the owner's request and in the owner's presence. The
owner shall pay for this service at the rate as indicated in the Fees and
Charges By~law.
When any premises left vacant, unattended or without heat, where the water
supply has not been shut off, suffers damage to it and/or its contents from a
leaking or burst pipe, the owner or the occupant shall have no claim against
the Township.
Should the Director become aware of such leaking or burst
pipes, the Director shall turn off the service valve, and the water supply shall
not be turned on until the Director, in their discretion, shall consider it
advisable.
Thawing out frozen water service stubs shall be the Township's responsibility
providing the problem is located in the municipal road allowance. Thawing
out frozen private service extensions and water mains located on private
property shall be the owner's responsibility. Where any employee of the
Township assists the owner in the thawing of frozen pipes on the owner's
property, all such assistance work will be considered to be at the risk of the
owner and shall have no claim against the Township by reason of such work.
Any owner who desires a change in the location, arrangement or size of a
Municipal Water System service shall apply in writing to the Township and
shall pay all costs incurred by the Township in carrying out such change. If
payment of an invoice for such costs is not paid within ninety (90) days, an
amount equal to the outstanding account may be added to the tax roll and
collected in the same manner as taxes, and subject to interest.
Where any auxiliary water supply exists in any building connected to the
Municipal Water System, said auxiliary water supply shall be disconnected
from any piping connected to the Municipal Water System and permanently
capped to prevent any contact with water or waters originating from the
Municipal Water System.
'
3.16.
3.17.
3.18.
3.19.
By~law 26~08
Page 8 of 22
_
Any owner desiring to have the Municipal Water Supply temporarily turned
off or on for any reason whatsoever shall apply to the Township, who may
direct that the water be turned off or turned on.
A Disconnection/Re~Connection Fee as set out in the Township's Fees and
Charges By~law shall be charged by the Township for the turning off or on of
the Municipal Water Supply where such action is necessitated by:
a) A request by the owner;
b) Non~payment of a water bill; or,
c) Failure to provide access to a meter.
The Township reserves the right to turn off the Municipal Water Supply as
deemed necessary by the Director of Public Works, to stop and prevent
waste.
Failure to comply with any requirements relative to the protection of the
Municipal Water Supply shall be sufficient reason for immediate
discontinuance of water service by the Township until such time as it is
determined that the requirements of the Township and the Ontario Building
Code Act have been met.
Water Conservation
4.1
4.2
4.3
For the purpose of limiting the consumption of water as necessary:
a)
During the period from May 15 to September 30°" each year, the external
use of municipal water is permitted:
i.
On even calendar dates at only those municipal addresses
ending with numbers 0, 2, 4, 6, 8;
i.
On odd calendar dates at only those municipal addresses ending
with numbers 1, 3, 5, 7, 9.
b) The Director of Public Works is hereby authorized to place further
watering and water use restrictions where it is deemed necessary.
Section 4.1 as it relates to watering of lawns does not apply to a consumer
who has applied to the Director of Public Works and has received approval to
waive the effect of this By~Law as it relates to watering of lawns in the event
of a newly sodded lawn or newly seeded lawn.
Approval to waive the effect of this By~Law shall apply for a maximum of one
(1) week.
4.4
4.5
4.6
4.7
4.8
By~law 26~08
Page 9 of 22
A Critical Water Period may be applied to all or any part of the Township at
the discretion of the Director of Public Works.
Before coming into effect, a Critical Water Period shall be announced by:
a) Publication on Township website and media channels; or,
b) Delivery of notice to the affected consumers.
At any time, there is a Critical Water Period, the Director of Public Works may
alter the water conservation guidelines in 4.1 to prohibit the use of water,
including; dates, times and uses.
The decision of the Director of Public Works to prohibit such water use during
a Critical Water Period shall remain in effect until such time as the prohibition
is rescinded by the Director.
The Director of Public Works is authorized to shut off the supply of Water to
any Premises, upon reasonable notice to the Owners and Occupants, where
the Owners or Occupants of the Premises do not adhere to the watering and
Water use restriction issued for the area, and that the Water may be
reconnected where the Director or By~law Enforcement Officer is satisfied
that the Owners or Occupants will begin to adhere to the restriction. If
reconnection is completed, a fee shall apply as indicated in the Township's
Fees and Charges By~law, as amended or replaced.
Hydrants
5.1
5.2
5.3
No person shall use or discharge any water from any Hydrant connected to
the Municipal Drinking Water System, except as follows:
a) Employees or volunteer fire fighters authorized by the Fire Chief or
designate for the purposes of training or fighting fires.
b) Employee authorized by the Director of Public Works.
c) Persons having been granted permission by written agreement with the
Township and having authorized access to a hydrant meter valve.
Private fire hydrants shall not be operated except in the case of fire, for fire
protection purposes, unless special permission from the Director of Public
Works has been obtained.
Where a person who is not a consumer wants access to the Municipal Water
Supply, the person may apply in writing to the Township for access to the
Municipal Water Supply through a hydrant meter valve. Such application
shall be in writing and shall be accompanied by the fee as set out in the
Township's Fees and Charges By~law.
5.4
5.5
5.6
5.7
5.8
5.9
By~law 26~08
Page 10 of 22
Upon receipt of an application for access through a hydrant meter valve, a
Hydrant Use Permit shall be completed and signed by the applicant and
approved by the Director of Public Works.
No Hydrant Use Permit shall be issued to any company whose vehicles
contain or may contain any pesticide or other chemicals or materials that
may contaminate the Municipal Water Supply.
Installation of a hydrant meter valve shall be subject to availability. The
customer shall accept all and any responsibilities associated with the
installation in accordance with the terms of the agreement.
The Hydrant Meter shall be installed by the Public Works Department
The customer shall be invoiced for the Hydrant Use Permit and water taken
in accordance with the rates as set out in the Fees and Charges By~Law.
Any hydrant situated within the road allowance is the property of the
Township and shall be maintained by it; Township owned hydrants located on
private property shall be maintained by the Township.
Hydrants owned and
paid for by any persons other than the Township shall be maintained by such
persons through a written agreement with a qualified hydrant maintenance
company.
Water Meters
6.1
6.2
The Township shall provide meters at a cost to the owner, for all new
buildings to be constructed on properties within a Municipal Water Area. The
owner shall pay the applicable fee for meters up to and including 25mm as
set out in the Township's Fees and Charges By~law, prior to the issuance of
the Building Permit.
Properties requiring meters and backflow devices larger than 25mm shall
meet the following conditions:
a) Meter and backflow device will be included in Engineering design
submissions;
b) Meters shall be compatible with the Township of Clearview's meter
reading system;
c) Meters shall be installed by a person with a Plumber's Certificate of
Qualification;
6.3
6.4
6.5
6.6
6.7
6.8
By~law 26~08
Page 11 of 22
d) Meters shall only be installed after design acceptance has been granted by
the Director of Public Works, and all other requirements made under this
By~law have been met; and,
e) All design, equipment, and installation costs shall be paid for by the
owner.
Meters shall be required for all existing properties located within the
Municipal Water Area, subject to the following:
a) Where a property was exempted from connection by the former
municipality and the owner wishes to connect to the Municipal Water
Supply, meters shall be installed at the expense of the owner. The fee set
out in the Township's Fees and Charges By~law shall be in addition to any
Connection fee.
b) Where the Township determines that water meters shall be installed in
existing buildings located within a Municipal Water Area, meters shall be
installed by the Township at no cost to the owner.
c) One (1) meter shall be required for each property.
Meters shall remain the property of the Township and shall not be boxed in
such a manner as to prohibit the meters from being read, examined, repaired
or removed.
Water meters up to and including 25mm shall be installed only by a Township
employee that has met the provincial qualifications for a water meter
installer.
Meters shall be installed in a safe and convenient space, free from charge or
rent, in a heated room suitable for this purpose, as close as possible to the
entrance of the service pipe into the building. The meter shall be mounted in
such a manner as to be fully braced to prevent movement.
Free access shall be afforded to such meters and their connections for
person(s) authorized by the Township whenever such access is required.
Where the Township has reason to believe that a meter is not operable and is
unable to gain access thereto for inspection and/or repair, written notice shall
be sent by registered mail to the owner. Such notice shall require that access
to the subject meter be provided to the Township within twenty~one (21)
calendar days of the date of the notice. If access is not granted within the
said twenty~one (21) calendar days, the Director of Public Works shall shut
off the Municipal Water to the subject property.
6.9
6.10
6.11
6.12
6.13
By~law 26~08
Page 12 of 22
Where the Municipal Water System has been shut off under section 9.8, the
Director of Public Works shall turn on the water supply when the owner has
complied with the following conditions:
a) Access has been provided to the meter for inspection and/or repair by the
Township; and,
b) The disconnection/re~connection fee as set out in the Township's Fees and
Charges By~law has been paid to the Township.
The owner shall be responsible for the security of the meter and other
Township equipment and shall pay the Township the value of such meter and
equipment should any damage or loss occur which is, in the opinion of the
Director of Public Works, due to circumstances beyond normal wear and tear.
The owner shall be responsible for maintaining, in good working order, the
inlet valve to the meter and the outlet and by~pass valves for all meters if
applicable and shall ensure that such valving is accessible.
Any leaks that may develop at the meter or its couplings must be reported
immediately to the Township. The Township is not liable for damages cause
by such leaks.
All water supplied to a Premises within the Township for Clearview, except
water used for firefighting purposes shall pass through the Meter supplied by
the Township for use upon premises, and in addition to whatever other
remedies the Township may have By~law in respect to infringement of this
By~law, the Township may, upon ascertaining that Water has been used
which has not passed through the meter of such Premises, forthwith, without
notice, shut off and stop the supply of water and apply fines.
Cross Connection Control and Backflow Prevention
7.1
7.2
No person shall connect, cause to be connected, or allow to remain
connected to the Waterworks Distribution System any piping, fixture, fitting,
container or appliance, in a manner which under any circumstances, may
allow water, wastewater, non~potable water, or any other liquid, chemical or
substance to enter the water works distribution system. In summary,
"protection from contamination" shall be in accordance with the requirements
of the Ontario Building Code Act, as amended or replaces, including all
regulations thereto, as revised from time to time.
Where a risk of possible contamination of the water works distribution
system exists in the opinion of the Director of Public Works, a customer shall,
on notice from the Township, install on their water service pipe a cross
7.3
7.4
7.5
7.6
7.7
7.8
By~law 26~08
Page 13 of 22
connection control device, approved by the Township, in addition to any
cross connection control devices installed in the customer's water system at
the source of potential contamination.
Free access shall be afforded to all parts of every building or other premises
to which any water service pipe is supplied for any person authorized by the
Township for the purpose of inspecting or disconnecting any water service
pipe for cross connection within or outside a building.
Where access is not provided, a written notice by the Township will be issued
allowing twenty~one (21) days to provide access. If access is not granted
within the said twenty~one (21) calendar days, the Director of Public Works
shall shut off the Municipal Water to the subject property.
If a condition is found to exist which is contrary to section 7.1 of this by~law,
the Township shall immediately carry out an inspection and shall issue such
order or orders to the consumer as may be required to obtain compliance
with section 7.1 of this by~law.
If the customer to whom the Township has issued an order fails to comply
with that order, the Director at their discretion, may:
a)
Give notice to the customer to correct the fault, at their expense, within a
specified time period and, if the notice is not complied with, the Director
may then shut off the water service and apply fines; or
b)
Without prior notice, shut off the water service or services and apply
fines.
Cross connection control or backflow prevention devices, when required by
the Township, shall be installed in accordance with the Ontario Building Code
and "CAN/CSA~B64. 10~11 Manual for the Selection, Installation,
Maintenance and Field Testing of Backflow Prevention Devices", as amended
from time to time.
Where a testable cross connection control device is required under section
7.2, the cross connection and control device shall be inspected and tested at
the expense of the customer, upon installation, and thereafter annually, or
more often if required by the Township, by personnel who are qualified and
in good standing as an Ontario Water Works Association Certified Cross
Connection and Control Specialist to demonstrate that the device is in good
working condition. The customer shall submit a report to the Director on any
or all tests performed on a cross connection control device within fourteen
(14) days of a test, and a record card shall be displayed on or adjacent to the
cross connection control device on which the tester shall record the address
of the premises, the location, type, manufacturer, serial number and size of
7.9
7.10
7.11
By~law 26~08
Page 14 of 22
the device, and the test date, the tester's initials, the tester's name (if self~
employed) or the name of their employer and the tester's licence number.
If an Owner fails to have a cross~connection control device tested, the
Director may notify the customer that the cross~connection control device
must be tested within seven (7) days of the customer receiving the notice. If
the customer fails to have the device tested within the time allowed, the
Director may shut off the water service, water services, and/or apply fines
until the Cross Connection Control Device has been tested and approved as
required by section 7.8 of this by~law.
When the results of a test referred to in section 7.9 of this by~law show that
a cross~connection control device is not in good working condition, the
customer shall immediately notify the Township in writing and make repairs
_ or replace the device within seven (7) days. If a customer fails to repair or
replace the device within the time allowed, the Director may apply fines
and/or shut off the water service until such repair or replacement has been
made.
No person shall without the permission of the Township remove, damage,
tamper with or in any way whatsoever interfere with any cross~connection
control or backflow prevention devices.
Water Rates and Charges
8.1
8.2
8.3
8.4
8.5
8.6
At the end of two (2) months, the Director of Public Works shall read, or
cause to be read, all meters connected to the Municipal Water System to
determine the amount of water used during the previous two (2) months.
The Treasurer shall calculate water charges to be assessed against each
consumer in accordance with the minimum monthly charge and surcharge
per cubic meter as set out by By~law and approved by Council and as
amended from time to time.
The Treasurer shall issue a bi~monthly bill to each consumer on the Municipal
Water System.
Water bills shall be due and payable not less than fourteen (14) days from
the date of billing.
Water bills shall be payable to the Township of Clearview.
The owner shall pay to the Township, upon demand, the water charges
assessed against each property.
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
By~law 26~08
Page 15 of 22
In the circumstance where a property/building has more than one unit or
where a property/building is occupied by a tenant, the owner shall be billed
and liable for payment of the accounts of all units.
The Treasurer shall impose a one~time five percent (5%) late charge on all
unpaid accounts on the day after the due date.
If an account remains unpaid for a period specified in the Delingquent Utility
Bill Collections Policy, the Treasurer shall follow the procedures as set out in
the Delinquent Utility Bill Collections Policy.
Where a water bill remains unpaid, the Treasurer may add the unpaid
amount to the Tax Roll to be collected in the same manner as property taxes.
Where a billing error has resulted in over~billing, the account shall be
credited with an amount equal to any overpayment during the twelve~month
period preceding the discovery of the error by the Township. Where a
property has change ownership during the twelve~month period, the
Township shall make every reasonable effort to locate and refund any
applicable credit to the previous owner.
Where a billing error has resulted in under~billing, the account shall be
charged an amount equal to any underpayment during the twenty~four~
month period preceding the discovery of the error by the Township. Where a
property has change ownership during the twenty~four month period, the
Township shall only be charged the amount attributable to the current owner.
If, for any cause, any meter is found to be malfunctioning, then the amount
of water to be charged shall be estimated on the average reading for the
previous three (3) billing periods, when the meter was working properly, and
the charge for the water for the period during which the meter was not
working properly shall be based thereon.
The billing start date for newly constructed buildings will be the date the
meter is installed. The water meter must be installed prior to occupancy.
The billing start date for new customers in existing buildings will be the date
of legal change of ownership. Proof of ownership change must be provided to
the Township.
For the purpose of calculating the Water Charges under this By~law, 220
gallons equals 1 cubic meter.
9.
By~law 26~08
Page 16 of 22
General
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
This By~law shall apply to all MuniCipaI Water Systems located within the
geographical boundaries of the Township.
Any extension or connections to the Municipal Water System shall be
constructed in accordance with the Township of Clearview Engineering
Standards.
All pipes, valves, fittings and other equipment between the water main and
the street line shall remain the property of the Township.
Where a water service line between the street line and the meter is 50.8
millimeters (2 inches) or greater in diameter, any installation, testing, service
or maintenance on said line shall be conducted by, or under the supervision
of the Township. The cost of said repairs shall be the responsibility of the
property owner.
The Director of Public Works is authorized to take such measures as are
necessary and proper to ensure an adequate and continuous Municipal Water
Supply and to safeguard the hygienic purity thereof within the Provincial Acts
and Regulations as established by the Ministry of the Environment, or such
other approval authority.
The Township does not guarantee the continuous supply, quality or pressure
of water from a Municipal Water System. Failure to supply water shall not be
constructed as neglect on the part of the Township, its officers or employees.
The Township shall be responsible for the operation and maintenance of all
Municipal Water Systems including required testing, servicing and the
removal of snow from around all hydrants, as deemed necessary.
When the Director of Public Works deems it necessary to limit or shut off the
Municipal Water Systems due to an emergency situation, the Township shall
not be liable for damages incurred due to such action. Reasonable efforts will
be made by the Township to notify the affected owners or consumers. The
Director of Public Works shall report to Council all such incidents and actions
taken as soon as is practical.
The Township, its officers, employees or agents shall not incur any liability
whatsoever by reason of water running from an open or faulty fixture, or
from broken or damaged connections.
No vehicles owned or operated on behalf of the Fire Department, or the
Public Works Department of the Township shall be used for transporting
water for the purpose of placing water into a privately owned swimming pool.
9.11
9.12
9.13
10.
By~law 26~08
Page 17 of 22
Should any provision, or any part of a provision, of this By~law be declared
invalid, or declared to be of no force and effect by a court of competent
jurisdiction, it is the intent of Council that such a provision, or any part of a
provision, shall be severed from this By~law, and every other provision of this
By~law shall be applied and enforced in accordance with its terms to the
extent possible according to law.
Any reference in this By~law to any statutes, regulations or by~laws shall be
deemed to be a reference to such statutes, regulations or By~laws, as
amended, restated or replaced from time to time.
Where an individual is authorized to do any act pursuant to this By~law, such
act may be done by such individual's authorized designate.
Offences, Enforcement and Penalties
10.1
10.2
10.3
10.4
10.5
10.6
10.7
No person shall construct or connect any Water Service Pipe or Private Main
to the Waterworks, or in any way obtain or use Water without the consent of
the Township.
No person other than a person authorized by the Director of Public Works for
that purpose shall open or close a valve in the water works distribution
system, including private mains, or remove, tamper with or in any way
interfere with any valve, water meter, backflow prevention device, structure,
watermain or water service in the water works distribution system, including
private mains.
No person shall operate a fire hydrant, except for Township personnel who
are working and who are approved by the Director of Public Works and
authorized under the Safe Drinking Water Act, 2002, S.0. 2002, c. 32, as
amended or replaced, or who are firefighting.
No person shall use a Municipal fire hydrant for water supply except for water
use for firefighting and system maintenance.
Every person shall only use water supplied or made available for any land or
building for purposes of protection of property or persons from fire or for
preventing fires or the spreading of fires for only that purpose.
No person shall, without the consent of the Township, lend, sell, or dispose of
Water, give it away, permit it to be taken or carried away, use or apply it to
the use or benefit of another, or to any use or benefit other than their own.
No person shall improperly or willfully discharge wastewater so that the
water runs to waste or is of no use out of the waterworks.
By~law 26~08
Page 18 of 22
10.8
No person, other than a person authorized by the Director of Public Works for
that purpose, shall remove, damage, tamper with or in any way whatsoever
interfere with the Waterworks, including but not limited to any Waterworks
facilities, equipment, machinery, fittings or appurtenances.
10.9
No person shall throw or deposit any injurious or offensive matter into the
Water, Water Distribution System or Waterworks, or in any way foul the
Water, or expose the Water, Water Distribution System or Waterworks to
contaminates of any kind.
10.10 No person shall connect, cause to be connected, or allow to remain
connected to the Water Distribution System any piping, fixture, fitting,
container or appliance, in a manner which under any circumstances may
allow Water, wastewater, non~potable water or any other liquid chemical or
substance to enter the Water Distribution System.
10.11 No person shall open or close a valve in the Water Distribution System.
10.12 No person, other than persons authorized by the Director for that purpose
shall be permitted to operate the Service Valve to any Premises.
10.13 No person shall remove, damage, tamper with, or in any way whatsoever
interfere with a Meter.
10.14 No person shall remove, fail to repair, damage, tamper with, or in any way
whatsoever interfere with a Cross Connection Control Device or backflow
prevention device.
10.15 No person shall fail to install a water service, Meter, or Cross Connection
Control Device as required under this By~law.
10.16 No person shall hinder, obstruct or interrupt, or cause or procure to be
hindered or interrupted, the Township or any of its officers, contractors,
agents, servants or workers, in the exercise of any power conferred by this
By~law.
10.17 No person shall obstruct the free access to any hydrant, Service Valve,
Meter, Water Service Pipe, Cross Connection, Cross Connection Control
Device, Backflow Prevention Device, Private Main or Main, or any pipes,
connections, seals, fixtures, chambers, stopcocks, valves or other
appurtenances.
10.18 If free and clear access to a Premises or Meter is not provided in accordance
with section 6.6 of this By~law, the Township may, at its discretion apply
fines and/or shut off or restrict the supply of Water to the Premises, in
By~law 26~08
Page 19 of 22
Accordance with this By~law, until such time as free and clear access to the
Premises and/or Meter is provided.
10.19 If free and clear access to a Premises and its water service pipe is not
provide in accordance with section 7.3 of this By~law, the Township may, at
its discretion apply fines and/or shut off or restrict the supply of Water to the
Premises, in accordance with this By~law, until such time as free and clear
access to the Premises and/or water service pipe is provided.
10.20 No person shall use water that has not passed through a Meter that has been
installed by the Township.
10.21 No person shall use Water externally during the period from May 1 to
September 30 except in accordance with the requirements set out in Section
4 of this By~law.
10.22 No person shall use Water externally in contravention of the conditions
established by the Director of Public Works as set out in Section 4 during a
Critical Water Period.
10.23 Each day that a situation as described in section 10 of this By~law is allowed
to continue, it shall constitute a separate offence under this By~law and any
Judge or Justice of the Peace adjudicating on such matter may assess a
separate fine for each and every day that such situation has been allowed to
continue.
10.24 Every person who contravenes any provisioh of this bylaw is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offence Act, R.S.O. 1990, Chapter P.33, as amended.
11.
Schedules
11.1.
That Schedule A "Part I Provincial Offences Act Fines" attached hereto forms
part of this by~law.
'
12.
Repeal
12.1
That By~law 07~29 and By~law 17~108 and all amending by~laws are hereby
repealed.
13.
Force and Effect
13.1
This by~law shall take force and effect upon final passage hereof.
By~law 26~08
Page 20 of 22
By~law Number 26~08 read a first, second and third time and finally passed
this 26¢" day of January, 2026.
/
Douglas Measures, Mayor_f
Sasha Helmkay, Director of Legislative Se&ces/Clerkr
Safe Water Supply By~law 26~08
The Corporation of the Township of Clearview
By~law 26~08
Page 21 of 22
Schedule A ~ Part I Provincial Offences Act Fines
Provision
L
creating tor
L
Item
Short form wording
defining
Set Fine
offence
1.
Unauthorized connection to
Section 10.1
$500.00
Waterworks
3.
| Tamper with Water Distribution
Section 10.2
$500.00
System
3
| Unauthorized operation of hydrant
Section 10.3
$1,000.00
4+
| Unauthorized use of hydrant
Section 10.4
$500.00
5,
Unauthorized use of water supplied for
Section 10.5
$500.00
fire purposes
6.
| Improper use of water
Section 10.6
$500.00
7.
Improperly discharge wastewater
Section 10.7
$500.00
8.
| Tamper with waterworks
Section 10.8
$500.00
9,
Expose water distribution system to
Section 10.9
$500.00
contamination
1q,.
| Connection causing substance to enter |
Section 10.10
$500.00
water distribution system
11. | Unauthorized operation of valve
Section 10.11
$500.00
17.
| Unauthorized operation of service
Section 10.12
$500.00
valve
By~law 26~08
Page 22 of 22
Provision
Item
Short form wording
crde::ii:ign;or
Set Fine
offence
13.
| Interfere with meter
Section 10.13
$500.00
14.
| Removal of device
Section 10.14
$500.00
15.
| Failure to install
Section 10.15
$500.00
16.
| Obstruct an officer or agent
Section 10.16
$500.00
17.
| Obstruct free access
Section 10.17
$500.00
18.
| Obstruct access to meter
Section 10.18
$500.00
19.
| Obstruct access to water service pipe
Section 10.19
$500.00
20.
| Unmetered water
Section 10.20
$500.00
21. | Water outside when prohibited
Section 10.21
$250.00
37.
\é\lear?s;
outside during critical water
Section 10.22
$500.00
Note: The penalty provisions for the offences indicated above is section 10 of By~
law 26~08, a certified copy of which has been filed.