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THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 69-2025
Being a by-law to impose Water and Sewage Rates
WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c.25 (the "Act"), a municipality may pass by-laws imposing fees or charges on
persons:
a) for services or activities provided or done by or on behalf of it;
b) for costs payable by it for services or activities provided or done by
or on behalf of any other municipality or any local board; and
c) for the use of its property including property under its control,
and such fee or charge imposed for capital costs related to services or
activities may be imposed on persons not receiving an immediate benefit from
the services or activities but who will receive a benefit at some later point in
time.
AND WHEREAS the costs included in a fee or charge may include costs
incurred by the municipality related to administration, enforcement and the
establishment, acquisition and replacement of capital assets.
AND WHEREAS section 394(2) of the Act provides that a fee or charge may
be based on, be in respect of or be computed by reference to the location of
the property, the physical characteristics of property, including buildings and
structures on the property, or the zoning of property or other land use
classification.
AND WHEREAS section 1 of the Act indicates that the definition of a "public
utility" includes a system that is used to provide water and sewage for the
public.
AND WHEREAS section 398 of the Act indicates that fees and charges for
the supply of a public utility imposed by a municipality on a person constitute
a debt of the person to the municipality and that such fees and charges may
be added to the tax roll for the property in the municipality to which the public
utility was supplied and be collected in the same manner as municipal taxes.
AND WHEREAS section 81 of the Act provides that, in addition to recovering
all fees and charges payable, a municipality may, on reasonable notice, shut
off the supply of a public utility to land if fees or charges payable by the
owners or occupants of the land for the supply of the public utility to the land
are overdue.
AND WHEREAS the Town deems it advisable to repeal By-law 90-2024 on
the effective date of this by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
Definitions
1.
"Capital Surcharge" refers to a fixed rate established to finance the
replacement of water mains and other water system capital expenditures.
2.
"Commercial" means property classified as such by the Municipal
Property Assessment Corporation.
3.
"Boarding, lodging, and rooming houses" or "BLRHs" represent dwelling
units where bedrooms are rented or provided to individuals, rather than
the entire unit. Residents of BLRHs share bathroom and/or kitchen
facilities, and occupants may be unrelated. BLRHs are rented or provided
to tenants for twenty-eight (28) days or more.
4.
"Distribution Rate" refers to a volume based rate established to finance
the operating and administrative costs associated with maintaining the
Town's water distribution network.
5.
"Industrial" means property classified as such by the Municipal Property
Assessment Corporation.
6.
"Metered Discharge" means the volume of Sewage flowing through an
approved sewage meter.
7.
"Multi-residential" means property classified as such by the Municipal
Property Assessment Corporation.
8.
"Residential" means property classified as such by the Municipal Property
Assessment Corporation.
9.
"Residential Unit" means a self-contained set of rooms located in
premises and contains kitchen and bathroom facilities that are intended
for the use of the unit only.
10. "Sewage" means any liquid waste containing animal, vegetable or mineral
or nutrient matter in solution or in suspension.
11. "Sewage Rate" means the fee and charge imposed for the purpose of
raising funds to pay all or a portion of the capital costs of the Sewage
Works or for the operation, repair and maintenance of the Sewage Works
and any reserve fund for such purpose.
12. "Sewage Area 1 Rate" means the corresponding Sewage Rate for the
identified property or building located in the area indicated in Schedule
B attached to and forming part of this By-law and serviced by the
"Cottam Facility".
13. "Sewage Area 2 Rate" means the corresponding Sewage Rate for the
identified property or building located in the area indicated in Schedule B
attached hereto and forming part of this By-law and serviced by the
"Kingsville/Lakeshore West Facility".
14. "Sewage Works" means the collection, transmission, storage, treatment
and disposal of Sewage and any systems or works required for the same.
15. "Water" means potable water.
16. "Water Rate" means the fee and charge imposed for the purpose of
raising funds to pay for Water and all or a portion of the capital costs of
the Water Works or for the operation, repair and maintenance of the Water
Works and any reserve fund for such purpose.
17. "Water Treatment Rate" refers to the rates established by Union Water
Supply System Inc. for the supply of water.
18. "Water Works" means the provision and distribution of Water and any
systems or works required for the same.
Water Rate
19.
The Water Rates as set out in Schedule "A" attached hereto and forming
part of this By-law is hereby imposed on those owners, occupants or
tenants of property who benefit from or who may benefit from Water
Works.
20.
The Capital Surcharge as set out in Schedule "A" shall apply to every
active water service connection located on a property. A water service
connection is considered active if it is in use or expected to be in use at
any point during the next 12 month period.
21.
Municipally owned splash pads shall be exempt from the Distribution
Rate outlined in Schedule A.
Sewage Rates
22.
The Sewage Rates as set out in Schedule "C" attached hereto and
forming part of this By-law are hereby imposed on those owners,
occupants or tenants of the following:
a)
a property or building that is connected to the Sewage Works, or
b)
a property that is not connected to the Sewage Works, but has the
facilities to produce Sewage and has frontage adjacent to any part
of the Sewage Works.
23.
For greater certainty:
a. For properties with one or more Residential Units, the Sewer
Rate imposed shall be imposed for each Residential Unit;
b. All non-residential properties shall pay the 'Multi-Residential,
Commercial, and Industrial' rate, unless an approved sewage meter
has been installed. Where an approved sewage meter exists, the
'Metered Discharge' rate shall apply.
24.
The owners, occupants or tenants of property or that portion of a
property as described in Schedule "D" are exempt from section 24 of
this By-law.
25.
The owners, occupants or tenants of properties described in Schedule
"E" are exempt from section 24 of this By-law until such time as said
property is connected to the Sewage Works.
General
26.
In the event that a property does not appear to be, in whole or in part,
within a Sewage Area as indicated in Schedule B, such property shall be
deemed to be within the Sewage Area if it has access to the sewage
collection system.
27.
If any court finds that any provision of this By-law is ultra vires or invalid,
such provision shall be deemed to be severable and shall not invalidate
any other provisions of this By-law which shall remain in full force and
effect.
28.
By-law 90-2024 is hereby repealed on January 1, 2026.
29.
This by-law, and all attached schedules shall come into effect on January
1, 2026.
READ A FIRST, SECOND
AND THIRD TIME AND FINALLY
PASSED
THIS
17th DAY OF NOVEMBER, 2025.
A.
ACT
1 G CLERK, Angela Toole
SCHEDULE "A"
WATER RATES
Volume Rates
Effective
JANUARY 1, 2026
Water Treatment*
N/A*
Distribution
$0.54 per m3
Total
$0.54 per m3
Fixed Rates
Effective
JANUARY 1, 2026
Capital Surcharge
$39.46 per Quarter
*On February 24, 2023, the Union Water Supply System became
separate legal entity, which is responsible for setting its own Water
Treatment rates. The Town of Kingsville performs billing functions on
behalf of Union Water Supply System Inc.
SCHEDULE "B"
SEWAGE SERVICE AREAS
Sewage Area 1 - Cottam Facility
Sewage Area 2 - Kingsville / Lakeshore West Facility (Ruthven)
Sewage Area 2 - Kingsville / Lakeshore West Facility (Lakeshore West)
Sewage Area 2 - Kingsville / Lakeshore West Facility (Kingsville)
SCHEDULE "C"
RESIDENTIAL SEWAGE RATES
Facility
Effective
JANUARY 1, 2026
Sewage Area 1 Rates
Cottam Facility
-
Base Charge -
$88.02 per quarter
per residential
unit, plus
-
Volume Charge -
$0.97 per m3 of
water volume
-
Maximum sewage
charges - $176.04
per quarter per
residential unit
Facility
Effective
JANUARY 1, 2026
Sewage Area 2 Rates
- Kingsville/
Lakeshore West
Facility
-
Base Charge -
$83.27 per quarter
per residential
unit, plus
-
Volume Charge -
$0.85 per m3 of
water volume
-
Maximum sewage
charges - $166.54
per quarter per
residential unit
MULTI-RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND METERED
SEWAGE RATES
Sewage Area 1
Rates
Cottam Facility
Effective
JANUARY 1, 2026
Multi-Residential,
Commercial, Industrial
$2.22 per m3 of water
volume
Metered Discharge
(effective May 5, 2025)
$3.07 per m3 of water
volume
Boarding, lodging,
and rooming houses
If metered:
-
Base Charge -
$27.76 per quarter
per occupant
(based on
maximum occupant
load), plus
-
Volume Charge -
$0.97 per m3 of
water volume
If not metered: $38.64
per occupant
Sewage Area 2
Rates
Kingsville /
Lakeshore West
Facility
Effective
JANUARY 1, 2026
Multi-Residential,
Commercial, Industrial
$1.98 per m3 of water
volume
Metered Discharge
(effective May 5, 2025)
$3.07 per m3 of water
volume
Boarding, lodging,
and rooming houses
If metered:
-
Base Charge -
$27.76 per quarter
per occupant
(based on
maximum occupant
load), plus
-
Volume Charge -
$0.85 per m3 of
water volume
If not metered: $37.75
per occupant
WASTE WATER SERVICES
JANUARY 1, 2026
Sewage Connection Permit - Initial
Application
-
2" connection
$15,000.00
-
3" connection
$22,500.00
-
4" connection
$30,000.00
Sewage Connection Permit -
Renewal
$500.00
Fixed Quarterly Connection Charge
- Applicable to all properties subject
to a Sewer Connection Permit
-
2" connection
$2,600.00
-
3" connection
$3,900.00
-
4" connection
$5,200.00
SCHEDULE "D"
Irrigation Systems located on a Commercial property if such system is
independently metered
Ice Making Systems located on the property owned by the Town of
Kingsville and the Kingsville Port Users Association and existing as of
the date of the passing of this By-law (includes the former Kingsville
Fisherman's Co-Op Ice; 215 Industry Road, LaNassa Seafood Ice
Water Meter and All Temp Foods Ltd. Ice Water Meter)
197 Pineway Park
137 County Road 34E
143 County Road 34E
1875 County Road 34 E
124 Fox Street (Cottam Splash Pad)
315 Queen Street (Kingsville Splash Pad)
SCHEDULE "E"
203 County Road 34 W
198 County Road 27E
204 County Road 27E
46 County Road 27 W
48 County Road 27 W
50 County Road 27 W
54 County Road 27 W
56 County Road 27 W
58 County Road 27 W
60 County Road 27 W
62 County Road 27 W
68 County Road 27 W