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By-law No. 2025-090
Water Management By-law
Table of Contents
Part I. Short Title, Purpose and Scope .......................................................... 4
Short Title ......................................................................................... 4
Purpose ............................................................................................ 4
Scope ............................................................................................... 4
Part II. Interpretation ................................................................................ 4
Headings ........................................................................................... 4
Gender and Number ........................................................................... 4
References to Applicable Law ............................................................... 4
Severability ....................................................................................... 4
Definitions ......................................................................................... 4
Part III. General Provisions ......................................................................... 6
Applicable law .................................................................................... 6
Director's rights and responsibilities ..................................................... 6
No connection .................................................................................... 7
Buildings ........................................................................................... 7
General prohibitions ........................................................................... 7
Access for inspection and repair ........................................................... 8
Leakage on private property ................................................................ 8
Water not guaranteed ......................................................................... 8
Water shut off .................................................................................... 9
Water use restrictions ......................................................................... 9
Municipal fire hydrant use ................................................................. 10
Part IV. Fire Systems and Private Hydrants .................................................. 10
Part V. Applicable Fees .............................................................................. 11
Part VI. Installation ................................................................................... 11
Part VII. Water Service Operation ............................................................... 12
Part VIII. Meters ...................................................................................... 13
Part IX. Investigations............................................................................... 14
Inspection ....................................................................................... 14
Order to discontinue activity .............................................................. 15
Work Order ..................................................................................... 15
Notice ............................................................................................. 16
Remedial action ............................................................................... 16
Part X. Offence ......................................................................................... 16
Part XI. Repeal and Effective Date .............................................................. 17
Repeal ............................................................................................ 17
Effective date .................................................................................. 17
PAGE 2
BY-LAW NO. 2025-090
Consolidated Version
Last revised on January 27, 2025
Revision History:
Passed On:
Description of
Amendment
2025-090
June 21, 2025
Original
2026-010
January 26, 2025
Add s. 65.1
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and
information. While every effort is made to ensure the accuracy of this by-law, it is
not an official version or a legal document. The original by-law should be consulted
for all interpretations and applications on this subject. For more information or to
view by-laws please contact the Clerks Department.
PAGE 3
BY-LAW NO. 2025-090
The Corporation of the City of Owen Sound
By-law No. 2025-090
A By-law to regulate, control and manage the municipal
drinking water system within the City of Owen Sound and
to repeal By-law Nos. 1998-106 and 2022-003
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that The Corporation of the City of Owen Sound (the "City") may pass
by-laws relating to public utilities, including matters affecting water distribution,
and for the purposes related to health, safety and well-being of persons; and
WHEREAS subsection 80(1) of the Municipal Act, 2001, provides that a
municipality may at reasonable times, enter on land to which it supplies a public
utility to inspect, repair, alter or disconnect the service pipe or wire, machinery,
equipment and other works used to supply the public utility; 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 requirements of drinking
water quality standards and that the drinking water system is operated in
accordance with the Safe Drinking Water Act, 2002; 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 diligence
and skill that a reasonable prudent person would be expected to 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 Ontario Regulation 332/12: Building Code
requires potable water systems to be protected from contamination; and
WHEREAS contamination of the City's drinking-water system can arise as a
result of a backflow incident from a private plumbing system that is attached to
the City'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 City's drinking water; and
WHEREAS the City desires to put mechanisms in place so as not to permit the
discharging of a contaminating substance into the municipal drinking water
system; and
WHEREAS on July 21, 2025, the Council of The Corporation of Owen Sound
passed a resolution directing staff to bring forward the subject by-law for
approval and to repeal By-law Nos. 1998-106 respecting water supply and 2022-
003 respecting backflow prevention, in consideration of staff report OP-25-033;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
PAGE 4
BY-LAW NO. 2025-090
Part I. Short Title, Purpose and Scope
Short Title
1.
This by-law may be referred to as the "Water Management By-law" and
when so referenced includes all future amendments, unless otherwise
specified.
Purpose
2.
This by-law has been enacted to regulate, control and manage the
municipal drinking water system within the City of Owen Sound.
Scope
3.
This by-law applies to all waterworks under the jurisdiction of the City,
inside or outside the municipal boundary.
Part II. Interpretation
Headings
4.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and do not affect the interpretation of the by-
law.
Gender and Number
5.
In this by-law, unless the contrary intention is indicated, words used in the
singular include the plural and words imparting a gender include all
genders, where applicable.
References to Applicable Law
6.
All references to applicable law are ambulatory and apply as amended,
extended or re-enacted from time to time.
Severability
7.
In the event any provisions of this by-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions will remain in full force and effect.
Definitions
8.
For the purposes of this by-law:
"appurtenance" or "appurtenances" means and includes electronic
communication register, touch pad, remote read device and any new
equipment or technology replacing the same;
"backflow" means the flowing backward or reversal of the normal direction
of the flow of water; ;
"backflow preventor" means a device that prevents the backflow of water
into the waterworks and/or private water system and is designed to
prevent contamination of potable water;
"building" means building as defined in the Building Code;
"Building Code" means the Building Code Act, 1992, S.O. 1992, c.23, as
amended, and any regulations made under that Act;
"City" means The Corporation of the City of Owen Sound or the
geographical location as the context requires and where an authority or
PAGE 5
BY-LAW NO. 2025-090
discretion is conferred upon a City official under this By-law, means the
appropriate official or representative of the City as designated or appointed
under its governing by-laws, resolutions or policies from time to time;
"Council" means the Council of The Corporation of the City of Owen Sound;
"contractor" means a person, partnership, or corporation who contracts to
undertake the execution of work commissioned by the owner or the City to
install or maintain water mains, water services, hydrants and other
appurtenances or devices;
"County" means The Corporation of the County of Grey;
"Director" means the department head responsible for Public Works and
Engineering at the City, or that person's designate, or any person duly
authorized to act in that person's place;
"Fire Chief" means the Director of Fire and Emergency Services of the City
of Owen Sound, or that person's designate, or any person duly authorized
to act in that person's place;
"good working condition" means:
a.
free from health hazard;
b.
free from fire hazard;
c.
not in poor condition by reason of deterioration, neglect, damage or
defacement;
d.
able to perform its intended function; and
e.
protected from freezing;
"inspection" means an examination and includes any of the following:
a.
an audit;
b.
physical, visual or other examination;
c.
survey;
d.
test or inquiry;
"inspector" means a person appointed a qualified person by the the City to
undertake inspections within a specified scope;
"master meter" means a Water Meter supplied and owned by the City, at
the owner's expense, to measure the quantity or rate of potable water
flowing through a pipe that is used to supply more than one building or
parcel of land, typically installed at the limit of the City's jurisdiction,
whether that limit is at a political boundary or a property line.
"meter" means the water meter installed for the purpose of measuring
water supplied by the waterworks system of the City;
"municipal drinking water system" means a drinking water system, within
the meaning of subsection 2(1) of the Safe Drinking Water Act, 2002,
supplied by the City;
"non-potable water" means water that is not meant or approved for human
consumption;
"occupier" means any person or persons of the age of 18 years or older in
possession of a property;
PAGE 6
BY-LAW NO. 2025-090
"officer" means a person appointed by Council as a Municipal Law
Enforcement Officer, or a Police Officer, or other individual duly appointed
to enforce this by-law;
"owner" means the registered owner or owners of a premises or their
authorized agents;
"person" means a legal entity and includes individuals and corporations;
"potable water" means water that is safe for human consumption;
"private water system" means the portion of the water service pipe located
on private property;
"private water service" means the pipes, fittings and appurtenances used
for the purpose of supplying water from the water service to any premises
located on private property and shall include the water service pipe as
defined by the Ontario Building Code, S.O. 1992, c.23, as amended;
"Treasurer" means the Treasurer of the Corporation of the City of Owen
Sound;
"stop and waste valve" means a valve installed within the premises to
allow the isolation of the building from the municipal water supply
independent from the operation of the Curb Stop. Also referred to as the
Premises Isolation Valve;
"water meter" means a device supplied and owned by the City, at the
owner's expense, to measure the quantity or rate of potable water flowing
through a pipe that is used to supply a building or parcel of land;
"water service" means the pipes and fittings used for the purposes of
supply and delivery of water to a private water service at a street line or
limit of a road allowance and shall include a corporation cock, service pipe,
curb stop, post and service box and any and all other appurtenances
thereto;
"watertaker" means any person, corporation or other entity that draws,
purchases, or otherwise consumes water from or is connected to the City's
water system, directly or indirectly; and
"waterworks" means any mechanisms used for the collection, production,
treatment, storage, supply, transmission and distribution of potable water
by the City, up to the water service connection, but does not include
plumbing to which the Building Code applies.
Part III. General Provisions
Applicable law
9.
The City shall manage and maintain the waterworks in accordance with the
provisions of the Municipal Act, 2001, S.O. 2001, c.25, Public Utilities Act,
R.S.O. 1990, c.P.52, Ontario Water Resources Act, R.S.O. 1990, c.O.40,
and the Building Code Act, S.O. 1992, c.23, this by-law and any other
applicable law in force from time to time.
Director's rights and responsibilities
10.
The Director shall be responsible for:
a.
the maintenance and repair of the waterworks;
b.
the direction and supervision of:
i.
the use of the waterworks;
PAGE 7
BY-LAW NO. 2025-090
ii.
the supply of water from the waterworks.
11.
The Director may enter any premises of any watertaker at all reasonable
hours upon reasonable notice to examine the pipes, meters, remote
readers, fittings, fixtures, appliances and appurtenances to ascertain the
quantity of water used, the manner of its use and to determine compliance
with this by-law.
No connection
12.
No person shall in any way connect, cause or permit the connection of any
non-potable water source, private well or other water works not owned
and operated by the City, into City waterworks or water service pipes.
Buildings
13.
Every owner of a building shall connect and keep the building connected to
the waterworks.
14.
If the owner of a building fails to make the connection of a building, the
City may, after notifying the owner in writing of its intention to do so,
enter upon the property of the owner to make the connection at the
owner's expense.
15.
If the owner fails to pay the City for the cost of the connection when
requested to do so, the City may recover the expense by court action, or in
like manner as municipal taxes.
General prohibitions
16.
No person shall:
a.
willfully hinder or interrupt, or cause or procure to hinder or interrupt
the City, or any of its officers, contractors, agents, servants or
workers, in the exercise of any of the powers conferred by this by-
law and the legislation referred to in section 9;
b.
willfully let off or discharge water so that the water is wasted or
leaks out of the waterworks;
c.
being an owner, tenant, lessee, occupant or inmate of any house,
building or other place supplied with water from the waterworks,
without the consent of the City do the following:
i.
improperly run the water
ii.
lend sell, or dispose of the water;
iii.
give it away or permit it to be taken away;
iv.
use or provide for the use or benefit of another
v.
increase the supply of water provided to any person or
property;
d.
cause or permit temporarily or otherwise, the connection or turning
on of the supply of water for the purpose of testing and installation
or repair or any other purpose;
e.
without lawful authority, interfere with, obstruct or conceal any
portion of the waterworks, which include but are not limited to
hydrants, valves, curbstops, stopcocks, chambers, pipes, hydrant-
chambers, meters, and remote readers;
f.
throw or deposit any injurious, foul or offensive matter into the
water or waterworks, or upon the ice if the water is frozen, or in any
PAGE 8
BY-LAW NO. 2025-090
way foul the water or commit any willful damage, or injury to the
waterworks, pipes, or water, or encourage the same to be done;
g.
lay, or cause to be laid, any pipe or main to connect to any pipe or
main of the waterworks, or in any way obtain or use the water
without the consent of the City;
h.
fail to provide adequate heat or insulation to prevent freezing of the
private water service entering a building and for the location of the
water meter.
i.
willfully alter any meter placed upon any service pipe or connected
therewith, within or without any other property so as to less or alter
in any manner the amount of water consumption registered;
j.
use water during a period when the use of water has been prohibited
or restricted by City Council in any manner inconsistent with the
prohibition or restriction;
k.
fail to run or fail to adequately run water during a period when
directed to do so by the City;
l.
operate a curb box without authorization and in a way which
contradicts section 42;
m.
use a hydrant for water supply purposes without a separate accepted
backflow prevention device; or
n.
operate an industrial, commercial or domestic private fire system
which uses chemicals or non-potable water, without an approved
backflow preventer.
Access for inspection and repair
17.
No owner shall prevent access to the Director to any premises of any
watertaker at all reasonable hours upon reasonable notice for the purpose
of:
a.
inspecting or repairing any service pipe, meter, remote reader or
appurtenances;
b.
altering or disconnecting of any service pipe, meter, remote reader
or appurtenances; or
c.
placing of meters, remote readers or appurtenances on any service
pipe served by the waterworks.
Leakage on private property
18.
Where a leakage occurs between the water service and the premises
supplied by water, the owner shall repair the leakage at their own
expense, within seven (7) days of being notified by the Director. If the
leakage is not repaired by the owner within the time allowed, the City may
enter the owner's lands and premises for the purpose of repairing the
leakage, and the costs shall be charged to the owner. The Director is
hereby empowered to turn off the water supply until the necessary repairs
have been made by the Owner or the City. The City shall not be held liable
to any owner or other person for damages, either directly, indirectly or
consequential as a result of repairing the leak.
Water not guaranteed
19.
The City does not guarantee the supply or quality of water and failure to
supply water shall not be construed as neglect on the part of the City. The
PAGE 9
BY-LAW NO. 2025-090
City shall at no time be held liable by reason of inadequate supply of water
or by reason of the City restricting the supply of water or for refusing the
supply of water.
Water shut off
20.
The City may cause the water services to any building or premises to be
shut off when the Director believes, on reasonable grounds, that there has
been a contravention of any of the provisions in the relevant legislation
referred to in section 9, or a contravention of any of the provisions of this
by-law, or where the owner of such building or premises refuses or
prevents entry thereto by any officer, employee, servant, or agent of the
City for any purpose authorized by this by-law.
21.
Where the City has caused a water service believed to be defective to be
shut off, such water service shall not be restored until the City has been
satisfied that no such defect exists, or that any defect therein has been
properly rectified.
22.
Where a new or replacement water service or private water service has
been shut off for any reason, the water service will not be restored until
payment has been received of the requisite fees in accordance with the
City's Fees and Charges By-law.
23.
Where the City has been requested to shut off or turn on the supply of
water to a private water service, the City shall not shut off or turn on such
supply of water until the applicant has paid the fee prescribed in the City's
Fees and Charges By-law.
24.
No person shall shut off the supply of water to a private water service
without written authority of the Director, and without further paying all
fees, including shut-off and turn-on fees, in accordance with the City's
Fees and Charges By-law.
25.
Where the owner of a property wishes the water service to be shut off to a
tenant-occupied property, in addition to paying the requisite fees, the
owner shall provide documentation to the satisfaction of the City of one or
more of the following, prior to the City granting the request:
a.
the property is vacant;
b.
a safety hazard requires the water to be turned off;
c.
the water is required to be shut off for the purpose of a repair;
d.
where the water is shut off under subsections b or c, the water
service will be restored as soon as practicable, once the repair is
made.
Water use restrictions
26.
Whether due to influences within or outside of the City's control, the
Director may:
a.
issue restrictions or limits on the use of water to certain designated
uses;
b.
designate or limit the times during which water may be used for any
purposes, or for any designated purpose;
c.
designate certain properties from time to time to be required to
continuously run water as directed to prevent freezing;
PAGE 10
BY-LAW NO. 2025-090
d.
interrupt or reduce the water supply for construction, maintenance
or repair purposes; or
e.
prohibit or suspend the use of water for any purposes whatsoever.
27.
As much as practicable, restrictions shall be advertised in the local media
prior to implementation. In no case shall the City be liable to any owner or
other person for damages, either directly, indirectly or consequential.
28.
Every owner of a building or premises connected to the municipal water
system shall ensure the building or premises are equipped with a stop and
waste valve in good working condition.
29.
No person shall use water supplied by the City in any water-cooled air-
conditioning equipment or other cooling or freezing equipment or process
unless such equipment or process is provided with an evaporative
condenser or other device which efficiently conserves, cools and
recirculates the water so used.
Municipal fire hydrant use
30.
The design, location, installation, separation and maintenance of all fire
hydrants within the City shall be in accordance with current City standards.
31.
No person shall open, close, draw from or tamper in any manner with a
fire hydrant connected to City mains unless written permission is obtained
from the Director. However, this does not apply to employees of a Fire
Department engaged in the pursuit of regular duties.
32.
The Director shall be notified of the use of any hydrant by the Fire
Department.
33.
Every person operating a fire hydrant shall use a regulation hydrant
wrench. In addition to a fine, using any other type of wrench may result in
the cancellation of any permit issued and the imposition of an assessment
equivalent to the actual cost of repairs or replacement.
34.
No person shall use hydrants for construction purposes without express
written permission from the Director.
35.
Every person shall comply with all instructions provided by the City Water
Division staff.
36.
The relocation of a municipal fire hydrant shall be undertaken only where
the owner has prepaid the estimated cost of the work, and the owner shall
pay the balance of the actual cost forthwith after completion of the work
and receipt of an invoice therefore.
37.
The Director and Fire Chief shall have the authority, through the statutory
development process, to establish standards for and to secure the
provision of adequate municipal fire hydrants and private fire hydrants.
Part IV. Fire Systems and Private Hydrants
38.
No industrial, commercial or domestic private fire system which uses
chemicals or non-potable water in the system shall be in operation without
a reduced-pressure backflow preventer as determined and approved by the
Director and Fire Chief.
39.
All fire lines and domestic services for industrial and commercial buildings
shall be installed and operated as separate services from the property line
of the building unless otherwise approved in writing by the Director and
Fire Chief.
PAGE 11
BY-LAW NO. 2025-090
40.
Any premises served with a private fire protection service shall make
provision for testing such lines from time to time to ensure they are in
good working condition. Each hydrant on the fire ring shall be separately
valved. The type and manufacture of the hydrants installed are, upon
sound engineering principles, to be approved by the Director. Private fire
hydrants shall not be operated except in the case of fire, for fire protection
purposes, unless special permission of the Director is obtained.
41.
Any high-rise building or any buildings which are determined by the
Director and Fire Chief to be a high-risk building which requires the use of
a booster pump shall incorporate a check valve device located before the
pump in order to protect the City's waterworks system.
Part V. Applicable Fees
42.
No installation of water service or private water service shall be
undertaken for the purpose of providing service to an infilling lot, or a
replacement lot, or a lot for new development, until the owner shall first
have paid to the City the fee or charge for installation of the water service,
meter and any other appurtenances thereto, in accordance with the City's
Fees and Charges By-law.
43.
No building permit shall be issued for the construction of a building or
building extension, where a metered water service is required by the
provisions of this by-law, until the owner has first completed an application
for such service and paid the applicable fee required, in accordance with
the City's Fees and Charges by-law.
44.
The rates, charges and penalties, if any, for the use of water supplied from
the waterworks and any other costs or charges for the management,
maintenance, installation or otherwise, in connection with the supplying of
water to any watertaker, shall be charged in accordance with the City's
Fees and Charges by-law and billed in accordance with the City's Utility
Billing Policy.
Part VI. Installation
45.
The pipes, fittings, attachments, method of installation, maintenance, use,
renovations to and removal of any water service or private water service
shall be pursuant to, as required by, and in compliance with the Building
Code.
46.
Every water service and private water service shall have a minimum depth
of cover of 1.7 metres or an equivalent amount of insulation acceptable to
the City's inspector.
47.
A "Master Meter" shall be installed for all multi-family developments on a
per water service basis (lateral from the municipal water line to the
property line) as determined and approved by the City.
48.
The Director shall have the final determination on the number and size of
water service(s) in accordance with good engineering practice:
a.
where only one of several buildings, owned by the same person,
fronts on a street with the other building(s) being located in the rear
of the firstly mentioned building;
b.
where a building is or becomes a multiple or semi-detached dwelling,
apartment building or buildings divided into separate dwelling units;
and
PAGE 12
BY-LAW NO. 2025-090
c.
in multi-residential complexes with multiple buildings and/or phases.
49.
All private water services shall be inspected by a City inspector before
backfilling commences.
50.
All materials used in the supply and installation of water services and
private water services shall be in accordance with the Building Code.
51.
The size of water service shall be determined by the Director, provided
that in no case shall such water service have an inside diameter of less
than the appropriate standard determined by the Director.
52.
The City shall endeavour, where possible, to allow the installation of a
water service and private water service as requested by the owner, but in
every case, the City shall have the right to determine the nature of the
service connection required, the position, and location of such water
service and private water service.
53.
All water services shall be installed by the City or an agent authorized by it
upon payment of the fee or charges therefore prescribed in the Fees and
Charges By-law in effect at the time of payment.
54.
The owner shall supply and install and connect private water service to the
City's water service and thereupon the same shall be tested and inspected
by the City, and if found to be defective in accordance with the City's
standards, the City shall cause the services to be shut off until all defects
are determined to be remedied.
55.
The charge to be paid to the City for the tapping of the main pipe shall be
as set out in the Fees and Charges By-law and shall be paid by the owner
at the time the installation of such work is sought.
56.
The private water service shall be maintained by and at the expense of the
owner.
57.
No water service will be approved for any building or premises unless a
minimum of 150 millimeters inside diameter watermain extends in the
City's road allowance adjacent to the property on which such building or
premises is located; provided that where the watermain's inside diameter
is less than this diameter, a water service may be approved, if the Director
deems it acceptable.
Part VII. Water Service Operation
58.
Where the City has caused the water service to be shut off because of
waste, a leak, or defect in a pipe or appurtenance, the Director shall not
cause or permit the water service to be turned on again until satisfactory
evidence has been received by the Director that all repairs which the
Director considers necessary have been made.
59.
Where an Owner of a residential property requests that a service
connection be installed of a larger size than that prescribed by current city
standards of a residential property, any and all costs associated with the
installation of a larger size shall be borne by the owner.
60.
At the request of an application and where a demolition permit has been
secured from the City, a minimum of seventy-two (72) hours' notice shall
be required for the turning off of the water supply at the property line of
the municipal service and for the removal of the water meter.
61.
Where an applicant requests the continuance of the use of an existing
water service notwithstanding the demolition of a building, the exposure of
PAGE 13
BY-LAW NO. 2025-090
the water service at the property line is required. The water service shall
be provided at the applicant's expense to ensure that the water service is
in accordance with the current City's standards. If the water service is not
in accordance with the City's current standards, the water service shall be
updated to such standards, at the sole expense of the applicant. The cost
of such work and the work to be done shall include the discontinuation of
the existing municipal service at the water main.
62.
Unless previously authorized by the Director, no service located on private
property shall be used to supply water for more than one property.
63.
Materials used in the construction of a water service on private property
shall correspond in all particulars with the City's standards, and all private
water services shall be inspected by authorized City personnel prior to
backfilling.
64.
No person shall tap or make any improper connection or contact
whatsoever with any of the pipes or mains in the City's streets or lanes, or
on any premises or private property whereby water can be diverted for
improper or unauthorized use.
Part VIII. Meters
65.
All development, both new and existing, shall have mandatory water
meters installed and all water meters shall be read and billed.
65.1 New water accounts will not be established unless:
a.
the water service is equipped with a new automated water meter; or
b.
the City, or its contractor, has inspected the existing water meter
and approved it for reuse.
66.
Every multi-family residence, save and except semi-detached residences
and street townhouses, shall be serviced with one domestic water service
as approved and authorized by the City, to which shall be installed a
master meter as authorized by the City.
67.
The City or its contractor may, from time to time, request access to a
premises to inspect, repair, retrofit or replace a water meter. The owner
shall provide free and clear access to the meter at all reasonable times for
the purpose of reading or maintenance, as determined by the Director.
Where such access to the premises or free and clear access to a water
meter is not provided by the owner within fourteen (14) days upon written
notification by the City, the Director may shut off or restrict the supply of
water to the premises until such time as free and clear access to the meter
is provided.
68.
Where an owner fails to provide free and clear access to the water meter
by the final deadline provided by the Director, in addition to any
repercussions listed in section 67 above, all applicable curb stop operation,
service, installation and administration costs will be charged to the owner.
69.
All meters and related appurtenances shall be provided, controlled and
maintained by the City, except as otherwise provided herein.
70.
All fees for new and existing multi-family residences, commercial,
industrial and institutional uses shall be charged in accordance with the
Fees and Charges By-law. Where a meter or any appurtenance thereto has
been installed without full compliance with the provisions of this by-law,
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BY-LAW NO. 2025-090
the City may cause the water service to be shut off until the installation
has been remedied to the satisfaction of the Director.
71.
Where a meter or any appurtenance thereto has been damaged due to the
negligence or willful act of the owner, the City shall repair or replace the
same, as necessary, at the owner's expense.
72.
The owner of any building or premises serviced by water service shall
provide proper, adequately heated and sufficient space in such building for
the installation of the water meter, electronic communications register and
remote read-out device, as the Director deems necessary and shall keep
such space easily accessible to the City at all times for reading and
maintenance purposes.
73.
Any meter or appurtenance thereto found to be defective, where such
defect is not due to negligence or willful act of the owner, shall be repaired
or replaced, as necessary, by the City at its expense.
74.
The Corporation shall have the right to seal any meter, electronic
communication and remote read-out device, at any time, and no person
shall break or damage any seal attached to the same. If any such seal has
been broken or damaged for any cause, the owner shall immediately
report the breakage or damage to the Director, who shall cause the same
to be resealed.
75.
During the installation or removal of a meter, or any paraphernalia
connected therewith, where pipe is damaged as a consequence of a
defective condition of the pipe, new pipe shall be installed at the owner's
sole expense, in accordance with the current City's standards.
76.
The cost of downsizing or upsizing a meter, and the cost of all work
incurred in connection therewith, shall be paid in full by the owner, and the
estimated cost of such work shall be paid in advance of the work being
undertaken. The balance payable, if any, shall be due forthwith thereafter.
77.
Seals shall be placed on all meters and all bypass valves and
appurtenances as may be appropriate to prevent unauthorized interference
with the said meters and bypass valves. Where tampering with meters or
bypass valves is found, the owner shall be charged in accordance with the
by-law, and the water consumption shall be charged in accordance with
City's Utility Billing Policy.
78.
For the purposes of this section and the by-law, the minimum size of the
meter shall be one size smaller than the service pipe, except where the
Director permits another size, based on sound engineering practice.
79.
The reading of the water meter shall be deemed for all purposes to be the
sole sufficient and accurate measurement of the quantity of water supplied
to a property unless the meter is proven to be defective after proper
testing by the manufacturer.
Part IX. Investigations
Inspection
80.
An officer may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are
being complied with:
a.
this by-law; or
b.
an order made under section 431 of the Municipal Act.
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BY-LAW NO. 2025-090
81.
For the purposes of conducting an inspection pursuant to section 80 of this
by-law, the officer may, in accordance with the provisions of s. 436 of the
Municipal Act:
a.
require the production for inspection of documents or things relevant
to the inspection;
b.
inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
c.
require information from any person concerning a matter related to
the inspection; and
d.
along with or in conjunction with a person possessing special or
expert knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.
82.
Every person who is required by an officer to provide identification must
identify themselves to the officer by giving their full and correct name,
date of birth and address.
Order to discontinue activity
83.
Where an officer has reasonable grounds to believe that a contravention of
this by-law has occurred, the officer may make an order requiring the
person who contravened this by-law, or who caused or permitted the
contravention, or the owner or occupier of the land on which the
contravention occurred, to discontinue the contravening activity.
84.
An order under section 83 of this by-law must set out:
a.
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land in which the contravention
occurred; and
b.
the date by which there must be compliance with the order.
85.
Any person who contravenes an order under section 83 of this by-law is
guilty of an offence.
Work Order
86.
Where an Officer has reasonable grounds to believe that a contravention of
this by-law has occurred, the Officer may make an order requiring the
person who contravened this by-law, or who caused or permitted the
contravention, or the owner or occupier of the land on which the
contravention occurred, to do work to correct the contravention.
87.
An order under section 86 of this by-law must set out:
a.
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land in which the contravention
occurred;
b.
the work to be done; and
c.
the date by which the work must be done.
88.
An order under section 86 of this by-law may require work to be done even
though the facts which constitute the contravention of this by-law were
present before this by-law came into force.
89.
Any person who contravenes an order under section 86 of this by-law is
guilty of an offence.
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BY-LAW NO. 2025-090
Notice
90.
Any order issued pursuant to this by-law may be given in writing in any of
the following ways and is effective:
a.
on the date on which a copy is delivered to the person to whom it is
addressed;
b.
on the fifth day after a copy is sent by mail to the person's last
known address;
c.
upon the sending of a copy by e-mail transmission to the person's
last known email address; or
d.
posting on the premises, on the date of posting.
91.
For the purpose of section 90, a person's last known address and last
known email address are deemed to include information on the last revised
assessment roll and on a permit application submitted pursuant to this by-
law.
Remedial action
92.
If a person fails to do a matter or thing, including comply with an order
under by-law, as directed or required by this by-law, the City may, in
default of it being done by the person directed or required to do it, do the
matter or thing at the person's expense. The City may recover the costs of
doing a matter or thing from the person directed or required to do it by
action or by adding the costs to the tax roll and collecting them in the
same manner as municipal taxes.
93.
The costs outlined in section 92 of this by-law shall include interest
calculated at a rate of 15 per cent (15%) per annum, calculated for the
period commencing on the day the City incurs the costs and ending on the
day the costs, including the interest, are paid in full.
94.
The amount of the costs, including interest, constitutes a lien on the land
upon the registration in the proper land registry office of a notice of lien.
The lien is in respect of all costs that are payable at the time the notice is
registered plus interest accrued to the date the payment is made. Upon
receiving payment, the City will register a discharge of the lien in the
proper registry office.
Part X. Offence
95.
Every person who contravenes any of the provisions of this by-law is guilty
of an offence and, upon conviction, is liable to the penalties contained in
the Provincial Offences Act, R.S.O. 1990, c.P.34, as amended.
By-law continues on next page....
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BY-LAW NO. 2025-090
Part XI. Repeal and Effective Date
Repeal
96.
By-law Nos. 1988-106 and 2022-003 are repealed.
Effective date
97.
This by-law will come into full force and effect on the date that it is passed
at which time all by-laws, policies, and resolutions that are inconsistent
with the provisions of this by-law are hereby repealed, revoked or
rescinded, as the case may be, insofar as it is necessary to give effect to
the provisions of this by-law.
FINALLY PASSED AND ENACTED this 21st day of July, 2025.
Signature on file
Mayor Ian C. Boddy
Signature on file
Briana M. Bloomfield, City Clerk