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THE CORPORATION OF THE TOWN OF ORANGEVILLE
BY-LAW NUMBER 2025-063
Aby-lawto respect the prevention of backflow into the Town of
Orangeville municipal drinking water system
Whereas the Corporation of the Town of Orangeville (the 'Town') operates the Municipal
Drinking Water System pursuant to the Ontario Safe Drinking Water Act, 2002, S.O. 2002, c.
32 and its associated regulations; and
Whereas section 11 of the Municipal Act, 2001, S.0. 2001, c. 25, as amended, provides
that the Town may pass By-Laws relating to public utilities, including matters affecting water
distribution, and for purposes related to health, safety and well-being of persons; and
Whereas subsection 11.1 of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, as
amended, requires every Owner of a Municipal Drinking Water System to ensure that all
water provided by the system meets the prescribed drinking water quality standards and that
the Drinking Water System is operated in compliance with the Act and its associated
regulations; and
Whereas section 19 of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, as amended,
requires every person who oversees or has decision-making authority over a Municipal
Drinking Water system to exercise the level of care, due diligence, and skill that a
reasonably prudent person would exercise in a similar situation and act honestly,
competently, and with integrity, with a view to ensuring the protection and safety of the
users of the Municipal Drinking Water System; and
Whereas Part 7 (Plumbing) of the Building Code (as defined in this By-Law) requires
Potable Water systems to be protected from contamination; and
Whereas contamination of the Town's Drinking Water System can arise as a result of a
backflow incident from a private plumbing system or equipment that is attached to the
Town's Municipal Drinking Water System and such contamination of the Municipal Drinking
Water System can have an adverse impact on the health, safety and well-being of the users
of the Town's Drinking Water; and
Whereas the Town desires to put mechanisms in place to minimize the potential discharge
of a contaminating substance into the Municipal Drinking Water System; and
Whereas pursuant to the Municipal Act, 2001, S.0. 2001, c. 25, as amended, the Town has
the authority to enter onto private property to inspect, test, and enforce compliance with
municipal By-Laws relating to the protection, maintenance and operation of the Municipal
Drinking Water System, including connections to private property;
Now therefore, the Council of the Corporation of the Town of Orangeville enacts as follows:
1. Short Title
This By-law shall be known as the "Backflow Prevention By-law".
2. Definitions and Interpretations
2.1. For the purposes of this By-law:
"Applicant" means a Person who applies for or requests a service;
"Auxiliary Water Supply" means any water supply, on or available to the Property, other than the
Potable Water that is supplied by the Town;
"Backflow" means the flowing back or reversal of the normal direction of flow into the Municipal
Drinking Water System;
"Backflow Preventer" means a device, as defined by the Ontario Building Code, that prevents
Backflow to the Municipal Drinking Water System;
"Backflow Preventer Test and Inspection Report" means a document, as prescribed by the Town,
containing the make, model, serial number, size, type, installation date, location and installation
address of a Backflow Preventer, as well as the name(s) of the Qualified Person(s) who performed
the test, and the test results;
"Backflow Preventer Test Tag" means a tag or label that is affixed to a Backflow Preventer,
indicating that the Backflow Preventer has been tested, and includes information such as the test
date, the name of the tester, and the test results.
"Building" shall have the same meaning as set out in the Building Code Act, 1992, S.O. 1992, C. 23;
"By-law Enforcement Officer" means any person employed to enforce Town of Orangeville by-taws
or their designate;
"Certificate of Compliance" means an official document issued by a relevant authority or governing
body, confirming that a property, project, or activity complies with specific laws, regulations, codes,
and/or standards;
"Cross Connection" means any actual or potential connection between a potable water system and
any source of potential pollution or contamination including but not limited to any by-pass, jumper
connection, removable section of pipe, swivel or changeover device and any other temporary or
permanent connecting arrangement through which Backflow may occur;
"Cross Connection Survey" means an investigation of a Drinking Water System or of Plumbing to
determine the presence or absence of any existing or potential Cross Connections and to evaluate
the need for a Backflow Preventer;
"Cross Connection Survey Report" means a report completed by a Qualified Person on a form as
approved by the Town, containing the details and findings of a Cross Connection Survey;
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"CSA Standards" means the Canadian Standards Association (CSA) International Standards
864.10, Manual for the Selection and Installation of Backflow Preventers, as amended and B64.10.1,
Manual for the Maintenance and Field Testing of Backflow Preventers, as amended or equivalent
standards as published by the CSA;
"Drinking Water" has the same meaning as provided for by the Safe Drinking Water Act, 2002, as
amended;
"Drinking Water System" means a system of works, excluding plumbing, that is established for the
purpose of providing users of the system with Drinking Water and that includes:
a) Anything used for the collection, production, treatment, storage, supply, or distribution
of water;
b) Anything related to the management of residue from the treatment process or the
management of the discharge of a substance into the natural environment from the
treatment system; and
c) A well or intake that serves as the source or entry point of raw water supply for the
system;
"Emergency" means an urgent situation or condition that, in the opinion of the Town, poses an
immediate threat or Severe Hazard to the Municipal Drinking Water System, requiring immediate
action to prevent contamination, damage, or disruption to the system;
"General Manager" means, General Manager, Infrastructure Services for the Town of Orangeville or
GMIS;
"Land" means any real Property situated in the Town of Orangeville which includes buildings and
structures;
"Low-Risk Land" means Property:
a) that contains no buildings other than residential buildings of three or fewer stories in
building height and having a building square footage area not exceeding 600 m2; and
b) that is not subject to any condition or circumstance which, in the opinion of the Town,
may be hazardous or detrimental to the Municipal Drinking Water System;
"Minor Hazard" means any type of Cross Connection or potential Cross Connection that involves a
substance that constitutes only a nuisance and that results, or could result, in a reduction in only the
aesthetic qualities of the water. This category includes those connections listed as minor hazards in
the CSA Standards and any other connections as determined from time to time by the Town;
"Moderate Hazard" means any type of Cross Connection or potential Cross Connection that has a
low probability of becoming a severe hazard. This category includes, but is not limited to,
connections involving water where the aesthetic qualities of water have been, or could be, reduced
and/or under certain conditions, can create a danger to health. This category includes those
connections listed as moderate hazards in the CSA Standards and any other connections as
determined from time to time by the Town;
"Municipal Drinking Water System" means the Drinking Water System, or part of a Drinking Water
System, owned by the Town, as defined by the Safe Drinking Water Act, 2002;
"Non-Potable Water" means water that is not safe for human consumption and does not meet the
By-law 2025-063
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standards for drinking water quality as prescribed in the Safe Drinking Water Act, 2002, S.O. 2002,
c. 32, and its associated regulations;
"Officer" means a police officer, municipal law enforcement officer, or any other person appointed by
by-law to enforce the provisions of this By-law;
'Owner" means a person that has control over a property and includes the owner registered on the
title of the Property and any occupant of any building or structure located on such Property;
"Parcel of Land" means a lot or block within a registered plan of subdivision, or any other defined
unit of land as legally recognized for the purposes of ownership or use;
"Person" includes an individual, sole proprietorship, partnership, limited partnership, trust,
corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other
legal representative;
"Plumbing" means a system of works:
a) that comprise a "water system" for the purposes of the definition of "plumbing" in
subsection 1 ( 1) of the Building Code Act, 1992, other than equipment installed in
plumbing to treat water; and
b) that is connected to a Drinking Water System.
"Potable Water" means water that is safe for human consumption and that complies with section 10
of the Safe Drinking Water Act, 2002, S.0. 2002,c. 32;
"Premise Isolation" means Backflow protection provided at the entrance to a building or Property;
"Property" includes a house, building, structure, land, lot or any part of a house, building, structure,
land or lot which receives Potable Water supplied by the Town;
"Qualified Person" means a person who:
a) holds approved qualifications as set out in the Authorized Function List;
b) is a journeyman plumber, or a registered apprentice working under the direction of a
journeyman plumber, as required by the Trades Qualification Act of Ontario;
c) possesses a Cross Connection Specialist certificate, and a Backflow Prevention
Tester certificate; and
d) meets any additional requirements noted in the Safe Drinking Water Act, 2002.
"Service Connection" means the connection between the Municipal Drinking Water System and the
plumbing or water system of the property being served, including any associated pipes, fittings, and
meters, as applicable;
"Severe Hazard" means any type of Cross Connection or potential Cross Connection involving water
that has additives or substances that, under any concentration, can create a danger to health. This
category includes those connections listed as severe hazards in the CSA Standards and any other
connections as determined from time to time by the Town;
"Source Isolation" means the separation or isolation of water within, or having flowed through, a
source or potential source of contamination, from any Potable Water system, including devices,
machinery, or systems located on land;
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"Town" means the Corporation of the Town of Orangeville, including its Municipal By-law
Enforcement Officers and its designated representatives;
"Water Meter" means a device supplied and owned by the Town that measures the flow and
quantity of Drinking Water that passes through it;
"Water Service Line" means a water line that supplies Potable Water to the Property from the
Municipal Drinking Water System;
"Zone Isolation" means isolation of the water located on land, from any Potable Water system
located on such Land;
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3. Applications of By-law and Cross Connection Prohibition
3.1. This By-Law applies to all existing and proposed industrial, commercial, institutional,
multi-residential (as defined by the Ontario Building Code) and mixed-use buildings
within the Town, except for buildings of residential occupancy within the scope of
Part 9 of the Building Code.
3.2. Notwithstanding subsection 3.1, this By-Law applies to any building where a
condition exists, or a condition is created or proposed to be put in place, in a building
or structure that is determined by the General Manager, Infrastructure Services or
their designate to be hazardous or detrimental to the Municipal Drinking Water
System based on the risk of contamination of the Municipal Drinking Water System
by such condition.
3.3. Notwithstanding subsection 3.1, this By-Law applies to any building that has a
connection to, or where such a connection is proposed or established, to the
Municipal Drinking Water System, as well to any auxiliary water supply, lawn
sprinkler or irrigation system (except for residential lawn sprinkler or irrigation
systems as defined within the scope OBC Part 9), or fire protection system (except
for a residential full flow through fire sprinkler system).
3.4. Notwithstanding subsection 3.1, this By-Law applies to any building that has been
identified as having a backflow event.
3.5. No person or Owner shall connect, cause to be connected, or allow to remain
connected to the Town's Municipal Drinking Water System or any other Potable
Water system, any Plumbing, piping, fixture, fitting, container, appliance, vehicle,
machine or the like, in a manner which may under any circumstance allow water,
waste water or any other liquid, chemical or substance to enter such Municipal
Drinking Water System or Potable Water system, except where suitable Backflow
prevention is provided in compliance with the provisions of this By-Law.
3.6. No person or Owner shall connect, cause to be connected, or allow to remain
connected any auxiliary water supply or private well to a Plumbing system which is
supplied by the Town's Municipal Drinking Water System, unless appropriate
premise isolation is provided.
3. 7. In a situation where any requirements of the Ontario Building Code or other By- Law
or regulation conflict with the requirements of this By-Law, the requirement that
provides the highest amount of Premise Isolation shall apply.
4. Administration and Enforcement
4.1. Subject to the terms of the Municipal Act, the Town may enter on a Property at any
reasonable times for the purpose of carrying out an inspection to determine whether
the following are being complied with:
a) The provisions of this By-law;
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b) A notice or order issued under this By-law; or
c) An order of the court made pursuant to the Municipal Act.
4.2. Where an inspection is conducted by the Town, the Town representative conducting
the inspection may require the following:
a) Documents relevant to the inspection;
b) Inspect and remove documents relevant to the inspection for the purpose of
making copies for the Town's records;
c) Information from any person concerning a matter related to the inspection;
d) Examine, conduct tests, and collect samples or photographs necessary for the
purposes of the inspection; and
e) Undertake an inspection pursuant to an order issued under section 438 of the
Municipal Act.
4.3. Where the requirements of this By-law are not met or a condition exists on any
Property that may allow contamination of the Municipal Drinking Water System, then
the Town may:
a) Issue and serve an order to the Owner requiring compliance with the
requirements of this By-law and to eliminate the condition which may allow
contamination. Said order may prescribe the period for compliance with such
order; and state the work required. Work required may include but is not limited to:
-
Completion of a Cross Connection Survey Report
-
Completion of a Backflow Preventer Test and Inspection Report
-
Corrective action taken on any deficiencies identified in either reports
-
Installation, repair, and/or replacement of a Backflow Preventer
-
Require a Backflow Preventer to be tested annually
-
A Backflow Preventer Test Tag be installed on Backflow Preventer
b) If a condition exists on a property that the Town determines to be a Minor or
Moderate Hazard, the Town may, at the discretion of the General Manager,
Infrastructure Services or their designate, shut off the water supply to the Property
or any portion thereof until the condition is eliminated to the satisfaction of the
Town. In the case of a condition that the Town determines to be an Emergency or
Severe Hazard, the water supply may be immediately shut off without notice to
the Property or any portion thereof until the condition is eliminated to the
satisfaction of the Town.
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4.4. Where this bylaw directs or requires any work to be done, in default of it being done
by the person directed to do it, such work may be completed by the Town or its
agents at the expense of the Owner. The Town may recover all expenses incurred in
doing the work by action or by adding the costs to the tax roll and collecting them in
the same manner as taxes.
4.5. In addition to any other provision of this By-law, the Town may at any time issue an
order to an Owner to conduct tests, provide reports and undertake any other
measure required for the elimination of a Cross Connection and the prevention of
Backflow.
4.6. No Person shall hinder, obstruct, or attempt to hinder or obstruct the Town or other
Person so authorized who is performing a duty or exercising a power under this
bylaw. No Person shall refuse or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town carrying out an
inspection, except in accordance with the Municipal Act.
4.7. No Person shall provide any false or misleading information to the Town, its agents
or contractors in the exercise of an activity, power or performance of a duty or
administrative function under this By-law, including but not limited to any information
provided or submitted on or with any application or in respect to any inspection or
enforcement of this By-law.
5. Application of CSA Standards
5.1. The selection, installation, maintenance, and field testing of Backflow
Preventer Devices pursuant to this By-Law shall be in performed in
accordance with the current CSA Standards.
5.2. Wherever the CSA Standards or any other laws or bylaws and this bylaw are
in conflict, the more stringent provisions shall prevail.
6. Backflow Prevention
6.1. No Person shall directly or indirectly connect, permit, cause to be connected, or
allow to remain connected, any piping, fixture, fitting, container, appliance, or
equipment to the Municipal Drinking Water System, or any other connection which
may under any circumstance allow any substance other than Potable Water to enter
the Municipal Drinking Water System, except in compliance with the provisions of
this By-law.
6.2. No Person shall directly or indirectly connect, permit, cause to be connected, or
allow to remain connected, a private water supply well, a non-municipal water supply
well or any other source of Non-Potable Water to the Municipal Drinking Water
System.
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6.3. Notwithstanding subsection (2), the Town may permit the connection of new water
supply wells to its Municipal Drinking Water System, provided that such connections
comply with all applicable regulations, standards, and approvals, including those set
out in the Safe Drinking Water Act, 2002, and any associated regulations.
7. Backflow Preventer Device
7.1. The appropriate model of Backflow Preventer Device shall be selected by a Qualified
Person in accordance with:
a) the CSA Standards; or
b) when the type of Cross Connection is not identified in the CSA Standards, by a
Qualified Person having regard for the principles for backflow prevention
contained in the CSA Standards.
7.2. Every Owner shall, at the Owner's expense, ensure the completion of an initial
Backflow Preventer Test and Inspection Report in respect of the Owner's Land within
three (3) years of the date when this By-law comes into effect or within the time limit
specified by the Town in a notice delivered to the Owner.
7.3. Notwithstanding subsection 7(1 ), the Town may dictate that a particular type of
Backflow Preventer Device be used in respect of any Cross Connection.
7.4. Every Qualified Person installing a Backflow Preventer Device shall ensure that:
a) such device is installed in accordance with acceptable engineering practices and
the requirements of the Building Code Act, the CSA Standards, and this By-law;
b) such device is installed in such a way as to prevent freezing of the device;
c) such device is located in such a manner that, in the event of Backflow event or
potential, the device prevents contamination of the Municipal Drinking Water
System and any other Drinking Water System;
d) where such device is installed in respect of Source Isolation or Zone Isolation, all
piping between the point of contamination or potential contamination and the point
at which the device is located is labelled "Non-Potable Water";
e) where such device is installed in respect of Premises Isolation, such device is
located downstream of the Water Meter, no closer than specified in the Town
Engineering Standards; and
f) where such device is installed in respect of Premises Isolation, all piping between
the Water Meter and such device is clearly labelled "No Connection Permitted".
7.5. Every Owner of Land upon which is installed a Backflow Preventer Device shall
ensure that such device is always maintained in good repair.
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7.6. Every Owner of Land upon which is installed a Backflow Preventer Device, the
proper functioning of which is capable of being tested, shall ensure that:
a) the device is tested by a Qualified Person when it is first installed and annually
thereafter, within thirty (30) days of the anniversary date of such installation, or as
required by the CSA Standards, or earlier if requested by the Town, and when the
device is cleaned, repaired, overhauled or relocated;
b) for each test of a Backflow Preventer, a Backftow Preventer Test and Inspection
Report of such test is submitted to the Town within fourteen (14) days after
testing; and
c) for the initial test and each subsequent test, a Backflow Preventer Test and
Inspection Report of such test is retained on the premises for inspection by Town
representative for a period of not less than five (5) years from the date of the test.
7.7. Every Qualified Person who tests a Backflow Preventer Device shall, upon finding
that such device is malfunctioning or otherwise not in proper working order,
immediately notify the Owner of the device and the Town by submitting the Backflow
Preventer Test and Inspection Report to each of them and contacting each of them
by telephone, whereupon the Owner shall immediately notify the Town in writing and
by telephone of the Owner's response to the reported malfunction.
7.8. When testing demonstrates that a Backflow Preventer Device is malfunctioning or
otherwise not in proper working order, the Owner of the device shall ensure that the
device is repaired or replaced in accordance with the recommendations of a
Qualified Person as needed within the time limit specified by the Town.
7.9. All equipment used to test Backflow Preventer Devices shall be verified or calibrated
for accuracy, as required by the CSA Standards and the Building Code Act.
7.10.
Where a Backflow Preventer Device is required pursuant to this By-law, no
Person shall remove, or cause or permit the removal of the Backflow Preventer
Device or any part thereof after it has been installed unless:
a) the removed device is immediately replaced with a device that meets or exceeds
the requirements of this By-law; and
b) the water supply is turned off for as long as the device is removed.
8. Backflow Test Equipment Maintenance
8.1. Where required by the CSA Standard, all equipment used to test backflow preventer
devices shall be verified and/or calibrated for accuracy. Proof of such verification
and/or calibration shall be presented to the Town upon request and in conjunction
with the submission of Backflow Preventer Test and Inspection Report
9. Cross Connection Survey
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9.1. Every Owner of a Moderate Hazard or Severe Hazard Property, or when requested
by the GMIS, shall, at the Owner's expense, ensure that:
a) A Cross Connection Survey is undertaken by a Qualified Person, whenever
required by this By-law;
b) A Cross Connection Survey Report is completed and submitted to the satisfaction
of the Town in respect of such Cross Connection Survey; and
c) The completed Cross Connection Survey Report is submitted to the Town within
fourteen (14) days after the survey is carried out.
9.2. Every Owner shall, at the Owner's expense, ensure the completion of an initial Cross
Connection Survey in respect of the Owner's Land within three (3) years of the date
when this By-law comes into effect or within the time limit specified by the Town in a
notice delivered to the Owner.
9.3. Where a Moderate Hazard or Severe Hazard is present, the Owner shall, at the
Owner's expense, ensure the completion of a subsequent Cross Connection Survey
in respect of the Moderate Hazard or Severe Hazard within every three (3) years of
the previous Cross Connection Survey or at such greater frequency as required by
the Town.
9.4. Where there is a change or ownership or change of use or as required by the Town.
9.5. Where either a Moderate Hazard or Minor Hazard is present, the Owner shall, at the
Owner's expense, ensure the completion of a subsequent Cross Connection Survey
in respect of the Moderate Hazard or Minor Hazard within every five (5) years of the
previous Cross Connection Survey or at such greater frequency as required by the
Town.
9.6. Every Owner shall notify the Town within fourteen (14) days of any change in
circumstances that would create or revive a pre-existing Minor Hazard, Moderate
Hazard, or Severe Hazard.
9.7. In every year after an initial Cross Connection Survey except for years in which a
follow-up Cross Connection Survey is completed, the Owner shall submit to the
Town a Certificate of Compliance within fourteen (14) days of the anniversary date of
the last Cross Connection Survey.
10. General Provisions
10.1.
Notwithstanding anything in this By-Law, the Town may at any time order an
Owner to conduct tests, provide reports, including a Cross Connection Control
Survey Report or a Backflow Preventer Test and Inspection Report, and undertake
any other measures required for the prevention of Backflow or protection of a Cross
Connection.
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10.2.
Reports identified in this By-Law shall be submitted to the Town within the
timeframe specified for the related work, or as otherwise specified by the General
Manager or their designate.
10.3.
The selection, maintenance, and field testing of Backflow Preventer Devices
shall be in accordance with the CSA Standard and the Building Code, or by a
professional engineer using the CSA Standard.
10.4.
An Owner shall obtain, or ensure that it is obtained, a building permit pursuant
to the Ontario Building Code in order to install, modify or perform any corrective
action, or to remove a Backflow Preventer and any related Plumbing.
10.5.
Where a timeframe is set out in this By-Law for carrying out any action, the
Town may extend the time for compliance beyond the established timeframe
provided such extension is acceptable to the Town.
11. Corrective Actions on Cross Connection Control Deficiencies
11.1.
Every Owner shall take corrective actions on any deficiencies or to address
any recommendations made by a Qualified Person as identified in either a Cross
Connection Control Survey Report or on a Backflow Preventer Test and Inspection
Report for their property.
11.2.
Should a condition be found on a property which is in contravention of this By-
law, the Town may:
a) Issue an order to the Owner to correct the issue at the Owner's expense within a
specified time period and if the order is not complied with, the Town may
discontinue the supply of water from the Municipal Drinking Water System to the
Plumbing system, and/or;
b) Without notice to the Owner, discontinue the supply of water from the Municipal
Drinking Water System to the Plumbing System, where the Town, at its sole
discretion, has determined that an immediate Severe Hazard exists that could
result in contamination of the Municipal Drinking Water System, and/or;
c) Issue any order or require any work to be undertaken as otherwise permitted
pursuant to this By-Law.
12. Removal of Backflow Preventer Device Prohibited
12.1.
No Owner of a Building in which a Backflow Preventer is installed shall cause
or permit the removal of such device, or part thereof, unless such removal is to
immediately replace the device with another device that meets or exceeds the
provisions of this By-Law or such removal is due to change of the function of a
Building or structure into a category to which this By-Law does not apply or that
would not require a Backflow Preventer and such removal is approved by the
General Manager, Infrastructure Services.
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13. Damage to Municipal Drinking Water System
13 .1.
Any Person who receives water from the Municipal Drinking Water System
and creates an illegal Cross Connection shall be liable for all costs associated with
related work undertaken by the Town or its agents. Such costs may include, but are
not limited to, the cost of investigation, disinfection, repairing or replacing any part of
the system, to restore the Municipal Drinking Water System.
14. Isolation of Hazard
14.1.
Every Owner shall, at the Owner's expense, ensure that a Backflow Preventer
Device is installed whenever required by this By-law:
a) Where, at the sole discretion of the Town, a risk of contamination to the Municipal
Drinking Water System exists, an Owner upon receiving notice from the Town,
shall follow the direction contained in the notice and ensure the installation of the
required number and type of Backflow Preventer Devices; and/or
b) Where either a Severe Hazard or a Moderate Hazard is identified, a minimum of
two of the following shall be required: Source Isolation, Zone Isolation or Premise
Isolation.
15. Persons Authorized to Carry Out Work
15.1.
No Person shall carry out, and no Owner shall cause or permit any Person to
carry out on the Owner's Land, any function pursuant to this By-law set out, unless
such Person is a Qualified Person.
15.2.
Any Person who carries out work outlined shall produce, upon request by the
Town, applicable current credentials to establish the Person's qualifications to carry
out such work.
16. Enforcement and Penalty Provisions
16.1.
The enforcement of this By-law shall be conducted by an Officer.
16.2.
An Officer may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the By-law or an Order issued
pursuant to this By law is complied with.
16.3.
Every person who contravenes any provision of this By-law, including failing to
comply with an Order made under this By-law, is guilty of an offence and is liable to
a fine, and such other penalties, as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended, and the Municipal Act, as amended.
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16.4.
Any person who is charged with an offence under this By-law or an Order
issued pursuant to this By-law or every director or officer of a corporation, who
knowingly concurs in the contravention by the laying of an information under Part Ill
of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, is guilty of an
offence and if found guilty of the offence is liable pursuant to the Municipal Act, as
amended, to the following:
a) on a first offence, to a fine not more than $50,000.00; and
b) on a second offence and each subsequent offence, to a fine of not more than
$100,000.00; and
c) in the case of a continuing offence, for each day or part of a day that the offence
continues, the maximum fine shall be $10,000.00 per day for every day in
contravention and the total of all daily fines for the offence is not limited to
$100,000.00.
16.5.
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
16.6.
Upon conviction any penalty imposed under this By-law may be collected
under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended.
16.7.
If a person is convicted of an offence under this By-law, the court in which the
conviction has been entered and any court of competent jurisdiction may, in addition
to any other remedy and to any penalty imposed, make an order prohibiting the
continuation or repetition of the offence by the person convicted.
16.8.
Sections 6, 12, 15.1, 16.3 and 16.5, inclusive of all subsections thereunder, of
this bylaw are hereby designated as parts of this bylaw to which the Administrative
Penalties System By-law applies.
16.9.
Any person who contravenes any designated provisions of this bylaw shall,
upon issuance of a penalty notice in accordance with the Administrative Penalties
System By-law, be liable to pay an administrative penalty and any administrative
fees.
17. Orders
17 .1.
If an Officer has reasonable grounds to believe that a contravention of this By-
law has not been complied with, the Officer may make an Order requiring the person
who contravened this bylaw or who caused or permitted the contravention to occur
to:
a) discontinue the contravening activity; and/or
b) do work or take action to correct the contravention.
By-law 2025-063
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17 .2.
An Order under Section 4. shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention;
b) the location of the premise on which the contravention occurred; and
c) either:
-
in the case of an Order under Section 4., the date by which there must be
compliance with the Order; or
-
in the case of an Order under Section 4., the action to be done and the date by
which the action must be done.
17 .3.
An Order made under this By-law may be served personally, ordinary mail to
the last known address or by email transmission to:
a) the person the Officer believes contravened this By-law; and
b) such other persons affected by the Order as the Officer making the Order
determines.
17.4.
An Order may be posted on site.
17. 5.
An Order sent by ordinary mail, shall be deemed to have been served on the
seventh (7th) day after the date of mailing, or if sent by registered mail, shall be
deemed to have been served on the fifth (5th) day after the date of mailing, or on the
date of personal service, or on the date of email transmission.
17.6.
An Officer who is unable to effect service of an Order pursuant to this By-law
shall place a placard containing the Order in a conspicuous place on the premise
and the placing of the placard shall be deemed to be sufficient service. The placing
of the placard of the Order shall be deemed to be served on the date of placing the
placard.
18. Effective Date
This by-law shall come into effect upon approval by the Council, subject to section 284.11 of
the Municipal Act.
Read three times and finally passed this 27thday of October, 2025. .
Lisa Post, Mayor
By-law 2025-063
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