This is the exact embedded text of the captured official document.
Snapshot d9e41cabea2d · verified 2026-10-26 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of Loyalist Township
By-Law Number 2025-65
A By-law Respecting Water and Sewage user rates and Service Charges in Loyalist
Township
AND WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, Chapter 25
authorizes the Township to pass by-laws respecting public utilities that includes water
and sewage works and services;
WHEREAS The Corporation of Loyalist Township (the "Township") owns, operates and
maintains the Fairfield Water Works and the Bath Water Works;
AND WHEREAS the Township owns, operates and maintains the Loyalist East Sewage
Works and the Bath Sewage Works;
AND WHEREAS the Council of the Township deems it desirable and expedient to pass
a by-law respecting water and sewage services in order to ensure a continued supply of
water and sewage services to those persons in Loyalist Township to whom such services
are supplied by the Township;
AND WHEREAS Section 391(1) of the Municipal Act, 2001, authorizes the Township to
pass by-laws imposing fees or charges on any class of persons for services or activities
provided or done by or on behalf of the Township and for capital costs payable by the
Township for sewage and water services which the Township will provide to those
persons after the fees and charges are imposed;
AND WHEREAS section 83 of the Municipal Act, 2001, authorizes a municipality to
require, as a condition of supplying or continuing to supply a public utility, reasonable
security be given for the payment of fees and charges for the supply of the public utility;
AND WHEREAS Section 398 of the Municipal Act, 2001, authorizes the Treasurer to add
fees and charges imposed by the municipality to the tax roll for a property to which a
public utility has been supplied and to collect them in the same manner as municipal
taxes;
AND WHEREAS Ontario Regulation 581/06 made under the Municipal Act, 2001,
authorizes that fees and charges imposed by the municipality to the tax roll have priority
lien status;
AND WHEREAS Council of the Township wishes to impose fees and charges to recover
the costs of providing water and sewage services to the users thereof;
NOW THEREFORE The Corporation of Loyalist Township hereby enacts as follows:
1. Definitions
1.1. "Bath Water Works" shall mean the water filtration plant located in Broken Front
Concession, Part of Lots 11 and 16, Plan 77, geographic area of the former Village
of Bath and now known as Loyalist Township, including pumping stations,
distribution mains and water storage facilities serviced by the Bath Water
Treatment Plant.
1.2. "Bath Sewage Works" shall mean the sewage treatment plant located in Part Lot
14, Concession Broken Front, being Part 1, Plan 29R5184, and being further
described as being in the geographic area of the former Village of Bath now known
as Loyalist Township, including pumping stations, sanitary sewers, and force
mains, serviced by the Bath Water Pollution Control Plant.
1.3. "Bill date" shall mean the date on which a bill for a water user rate and/or service
charge and/or sewer user rate and/or service charge is rendered.
1.4. "Council" shall mean the Council of The Corporation of Loyalist Township.
1.5. "Dwelling Unit" shall mean a room or suite of rooms used, or designed or intended
for use by, one person or persons living together, in which culinary and sanitary
facilities are provided for the exclusive use of such person or persons;
1.6. "Equivalent Residential Unit" or "ERU" means the sum of the equivalent number
of residential units deemed to exist on multi-residential, industrial, commercial,
and institutional properties in the service areas to which water or sewage services
are provided, as determined in accordance with this by-law.
1.7. "Fairfield Water Works" shall mean the Fairfield Water Treatment plant located in
part of Lots 40 and 41, Broken Front Concession, geographic area of the former
Township of Ernestown and now known as Loyalist Township, and related
pumping stations, distribution mains and water storage facilities.
1.8. "Loyalist East Sewage Works" means the sewage treatment plant located in Part
Lot 37, Concession 1, being Part 1 on Plan 29R6932, and being further described
as being in the geographic area of the former Township of Ernestown now known
as Loyalist Township, including pumping stations, sanitary sewers and force
mains serviced by the Amherstview Water Pollution Control Plant.
1.9. "Multi-residential units" shall mean residential units where there is more than one
fully serviced dwelling unit on an individual property and excludes secondary units
as defined by the Development Charges Act as amended.
1.10. "Occupant" means any person other than the Owner who occupies property, and
any reference in this by-law to an occupant in the singular shall be deemed to
include the plural, where applicable
1.11. "Owner" means the registered owner or owners of a property and any reference
in this by-law to an owner in the singular shall be deemed to include the plural,
where applicable.
1.12. "Penalty date" means the date that is 20 days after the bill date.
1.13. "Secondary Units" shall mean additional units developed in existing buildings or
ancillary structures consistent with the definition for Secondary Units as per the
Development Charges Act, as amended,
1.14. "Sewage Works" shall mean all sewage treatment, collection, transmission,
pumping and disposal systems now or in the future owned and operated by or for
the Township.
1.15. "Single family unit" shall mean all residential properties consisting of only one
dwelling unit.
1.16. "Township" shall mean The Corporation of Loyalist Township.
1.17. "Water Works" shall mean all water treatment, distribution, storage and pumping
systems now or in the future owned and operated by or for the Township.
1.18. "Works" for the purpose of this by-law shall mean "Water Works" and/or "Sewage
Works".
2. Authority
2.1. Council shall be responsible for the operation of the Works, including the setting
of fees and charges, the engaging of employees, the payment of accounts and all
other things necessary for the successful operation of the Works.
3. Water user rates
3.1. Every Owner and Occupant of property to which the Township supplies water from
the Water Works shall be jointly and severally responsible for payment of a water
user rate for the property consisting of a monthly flat rate and a consumption rate
determined in accordance with this by-law, with the exception that properties
which have never been occupied and for which no occupancy permit has been
issued are exempt from Water user rates.
3.2. The consumption rate component of the water user rate for a property shall be
calculated by multiplying the metered amount of water consumed in cubic metres
by the consumption rate in Schedule '1' to this by-law.
3.3. The monthly flat fee for water user rates for one single family unit shall be
calculated by multiplying one times the equivalent residential units ("ERUs") on
the property by the monthly flat rate charge in Schedule '1' to this by-law.
3.4. The monthly flat rate component of the water user rate for industrial, commercial,
institutional, and multi-residential properties shall be calculated by multiplying the
equivalent residential units ("ERUs") on the property by the monthly flat rate
charge in Schedule '1' to this by-law. If an Occupant occupies more than one
separately metered unit of an industrial, commercial, or institutional property held
by the same Owner, the Township may combine all relevant units to determine its
ERUs.
3.5. The ERUs for an industrial, commercial, institutional, or multi-residential property
shall be calculated annually by dividing the three-year average daily amount of
metered water supplied to the property by the average daily amount of metered
water supplied to single family residential properties in the same water area during
the immediately preceding twelve (12) month period as determined by the
Township.
3.6. Residential properties shall not be considered multi-residential units if the property
contains only a single residence plus secondary unit(s).
3.7. If the three year average daily amount of metered water supplied to a commercial,
industrial, institutional or multi-residential property is not available, or if there is a
change in use of the property that, in the opinion of the Township, will result in a
significant change in the quantity of water that will be supplied to the property in
future, the Township may estimate the number of ERUs for the property based on
the amount of water supplied to the property to date and to comparable properties
with comparable uses in the Township.
3.8. If there has been a significant reduction in the quantity of water supplied to a
commercial, industrial, institutional, or multi-residential property in a particular
year, the Township may, upon request of the property Owner, recalculate the
number of ERUs for the property based on the reduced amount of water
consumed and adjust the flat rate component of the water user rate payable by
the Owner of the property.
3.9. Miscellaneous fees and charges associated with water services are listed in
Schedule '3' of this by-law.
4. Sewer user rates
4.1. Every Owner and Occupant of property to which the Township supplies sanitary
sewage services from the Sewage Works shall be jointly and severally responsible
for payment of a sewage user rate for the property consisting of a monthly flat rate
and a consumption rate determined in accordance with this by-law, with the
exception that properties which have never been occupied and for which no
occupancy permit has been issued are exempt from Sewer user rates.
4.2. The consumption rate component of the sewage user rate for a property shall be
calculated by multiplying the metered amount of water in cubic metres by the
consumption rate in Schedule '2' to this by-law.
4.3. The monthly flat fee for water user rates for one single family unit shall be
calculated by multiplying one times the equivalent residential units ("ERUs") on
the property by the monthly flat rate charge in Schedule '1' to this by-law.
4.4. The monthly flat rate component of the sewer user rate for industrial, commercial,
institutional, and multi-residential properties shall be calculated by multiplying the
equivalent residential units ("ERUs") on the property by the monthly flat rate
charge in Schedule '2' to this by-law. If an Occupant occupies more than one
separately metered unit of an industrial, commercial, or institutional property held
by the same Owner, the Township may combine all relevant units to determine its
ERUs.
4.5. The provisions of sections 3.5, 3.6, 3.7, and 3.8 of this by-law shall apply, with
necessary modifications, to the calculation of the number of ERUs for the purpose
of determining the flat rate component of the sewage user rate for commercial,
industrial, institutional and multi-residential properties.
4.6. Miscellaneous fees and charges associated with sewer services are listed in
Schedule '3' of this by-law.
5. Billing, Payment and Security Deposits
5.1. A water and/or sewage user rate and/or service charge payable in accordance
with this by-law shall be billed to the Owner of the property on a bi-monthly basis
at the Owner's address as shown on the last revised assessment roll and shall be
deemed to have been received on the third business day after the date on which
the bill was mailed.
5.2. Despite section 5.1, the Treasurer may, if requested in writing by the Owner, send
the bill for payment of a water and/or sewage user rate and/or service charge to
the Occupant of the property at the address of the property, but nothing herein
relieves the Owner or Occupant of their joint and several obligations to pay the bill
when due.
5.3. All amounts owing on account of a water and/or sewage user rate and/or service
charge shall be paid to the Township on the due date at the Odessa Municipal
Offices or at such other place as may be set out on the bill.
5.4. If the Township is requested to send the bill for water and sewage services to a
person who is a new Occupant of the property, the Treasurer may, as a condition
of the Township supplying water to the property, require the Occupant to post
security for payment of future water and/or sewage user rate and/or service
charge, or both.
5.5. The amount of security that the Treasurer may request be posted in accordance
with section 5.4 shall equal the amount of the water and/or sewage user rate
and/or service charge for two months for the property as estimated by the
Treasurer based on previous levels of consumption on the property or, if the
Township has not previously supplied water to the property, the levels of
consumption for similar properties elsewhere in Loyalist Township.
5.6. If the Treasurer has reasonable grounds to believe based on past payment
history that an Owner or Occupant of a property may be unable to pay or continue
paying a water and/or sewage user rate and/or service charge when due, the
Treasurer may, as a condition of the Township supplying or continuing to supply
water to the property, require the Owner or Occupant, as the case may be, to post
security for payment of future water and/or sewage user rate and/or service
charge, or both.
5.7. The amount of security that the Treasurer may request be posted in accordance
with section 5.6 shall equal the greater of:
a. $500, or
b. the amount of the water and/or sewage user rate and/or service charge for two
months for the property as estimated by the Treasurer based on previous levels of
consumption on the property.
5.8. The Treasurer may accept security in the form of cash or any other type of
negotiable security suitable to the Treasurer.
6. Remedy if Default of Payment
6.1. If an amount owing on account of a water and/or sewage user rate and/or service
charge is not paid on or before the penalty date, a penalty of 3.25% of the amount
owing shall be added to the amount owing and be payable to the Township.
6.2. If the original amount owing on account of a water and/or sewage user rate and/or
service charge is not paid on or before the subsequent bill date, an additional
penalty of 6.5% of the original amount owing shall be added to the amount owing
and be payable to the Township.
6.3. A water and/or sewage user rate and/or service charge payable by the Owner
and Occupant of a property constitutes a joint and several debt of the Owner and
Occupant to the Township.
6.4. If a water and/or sewage user rate and/or service charge is not paid within 60
days from the penalty date, the Treasurer may, in addition to any other remedies
available to the Township, add the amount owing including the added penalty to
the tax roll of the property to which the utility was supplied, and the Township may
proceed to collect it in the same manner as municipal taxes.
6.5. Any amount owing on account of a water and/or sewage user rate and/or service
charge that is added to the tax roll of a property shall bear interest at the rate of
1.25% per month (15% per annum) from the first day of the month after the date
on which the amount is added to the tax roll to the date of payment.
7. Validity
7.1. It is declared that notwithstanding that any Part or Parts of this by-law, or sections
thereof, that may be found by any court of law to be invalid or illegal or beyond
the power of the Township to enact, such Part or Parts or sections thereof shall
be deemed to be severable and that all other Parts or sections of this by-law are
separate and independent there from and enacted as such.
8. By-law Administration
8.1. The Treasurer shall be responsible for the administration of this by-law.
9. By-laws Repealed
9.1. Loyalist Township By-law 2024-96 and any and all by-laws or portions thereof
conflicting with this by-law are hereby repealed.
10. Short Title
10.1. This by-law may be referred to as the "Water and Sewage user rates and Service
Charges By-law".
11. Effective Date
11.1. This by-law shall be in force and take effect on the date of its passing.
Enacted and passed this 11th day of November 2025.
Jim Hegadorn, Mayor
Anne Kantharajah, Clerk
Anne Kantharajah
Signed with ConsignO Cloud (2025/11/12)
Verify with verifio.com or Adobe Reader.
Jim Hegadorn
Signed with ConsignO Cloud (2025/11/12)
Verify with verifio.com or Adobe Reader.
Schedule 1 to By-Law 2025-65
Loyalist Township Schedule Of Water Service Fees
Effective Billing
Period Ending
Consumption
Rate
(per cubic meter)
Flat Rate per Month
(per residential unit or
equivalent residential unit)
Fairfield Water Works
- Amherstview users
February 15, 2026
$3.43
$28.93.
Fairfield Water Works
- Odessa, Harewood &
Brooklands Users
January 15, 2026
$3.43
$28.93
Bath Water Works
January 15, 2026
$3.43
$28.93
Bulk Water Hauler
Beginning
January 1, 2026
$4.40
Schedule 2 to By-Law -2025-65
Loyalist Township Schedule of Sewage Service Fees
Effective Billing
Period Ending
Consumption
Rate
(per cubic meter)
Flat Rate per Month
(per residential unit or
equivalent residential unit)
Loyalist East Sewage
Works
- Amherstview users
February 15, 2026
$3.01
$26.53
Loyalist East Sewage
Works
- Odessa Users
January 15, 2026
$3.01
$26.53
Bath Sewage Works
January 15, 2026
$3.01
$26.53
Schedule 3 to By-Law 2025-65
Loyalist Township
Schedule Of Miscellaneous Water And Sewer Service Charges
(subject to tax where applicable)
WATERWORKS SYSTEM
1. Water service permit
Per connection - $35
2. Water meter
Residential - $550
Industrial, commercial, institutional - cost of
meter plus $50 administration fee
3. Testing water meter at customer's
request
Regular hours - $150 per meter
4. Turning water service on/off for
maintenance and/or repair
Regular hours - no charge
After hours - $200
5. Water service request requiring
attendance by Township staff
After hours - $200 plus the cost of plumbing
contractor
6. Stock premium fee for water service
material not listed in Schedule A of the
Waterworks By-Law
Per connection - $250
7. Service pipe leak repair
Per repair - actual cost plus 20%
*See also Township Policy Bulk Water Haulers.
SEWAGE SYSTEM
1. Sewer service permit
Per connection - $35**
2. Sewer service request requiring
attendance by Township staff
After hours - $200 plus the cost of plumbing
contractor
3. Service pipe leak repair
Per repair - actual cost plus 20%
**If application is for water service connection also, only one permit fee applies.