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The Corporation of the City of Port Col borne
By-law No. 7 405/96/25
Being a By-law to Amend By-law No. 3151/22/95, as amended,
Being a By- law to Regulate the Supply of Water, and to Provide
for the Maintenance and Management of Water Works and for
the Imposition and Collection of Water Rates and to Amend By-
law No. 3424/6/97, as amended, for the Imposition and
Collection of Sewage Service Rates and Sewer Rates
Whereas Part VI .1 - Special Powers and Duties of the Head of Council of the
Municipal Act, 2001, S.O. 2001, c 25 ("the Act") assigns certain powers and duties of
the municipality formerly exercised by Council to the Head of Council ("Strong Mayor
Powers"); and
Whereas the Mayor is the Head of Council for the City of Port Colborne; and
Whereas Subsection 284.16 (1) of the Act provides that the powers and duties of a
municipality with respect to proposing and adopting a budget are assigned to the
Head of Council; and
Whereas Subsections 284 (2) to (7) of the Act and sections 7, 8 and 9 of Ontario
Regulation 530.22 - Part Vl.1 to the Act set out in detail the processes to be followed
by the Mayor and Council in respect of budget proposals and approvals; and
Whereas section 7 of Ontario Regulation 530/22: Part Vl.1 of the Act provides,
among other things:
(a) that the Mayor shall propose a budget on or before February 1 of each budget
year;
(b) that Counsel, within 30 days after receiving the budget, may pass a resolution
amending the proposed budget;
(c) that, if Council does not pass a resolution amending the budget within 30
days, the proposed budget is deemed adopted by the municipality; and
Whereas on October 6, 2025 the Mayor proposed a budget for the regulation of the
supply of water, and to provide for the maintenance or water works and for the
imposition and collection of water rates and for the imposition and collection of
sewage service rates and sewer rates in accordance with the recommendations
detailed in Financial Services Department Report 2025-167; and
Whereas any rate in this by-law is subject to change through future amendments,
including rate changes due to, but not limited to future budget changes; and
Whereas the Mayor acting pursuant to the assigned Strong Mayor Powers is
desirous of amending By-Law 3151/22/95, as Amended, Being a By-Law for the
Imposition and Collection of Water Rates and By-Law 3424/6/97, as Amended,
Being a By-Law for the Imposition and Collection of Sewage Service Rates and
Sewer Rates;
Now therefore the Mayor, acting pursuant to the assigned Strong Mayor Powers,
enacts as follows:
1.
That Schedule "A" to By-law Nos. 3151/22/95, as amended, and 3424/6/97,
as amended, are repealed and replaced with Schedule "A" attached hereto
and forming part of this by-law.
2.
The usage and fixed rates established by this By-law shall all be effective as
of January 1, 2026.
By-law No. 7 405/96/25
Page 2
3.
That the Clerk is authorized to affect any minor mod~1f ~ ions, corrections, or
omissions, solely of an administrative, numerical, gra
tical, semantical,
or descriptive nature to this by-law or its schedules
er he passage of this
by- law.
Enacted and passed this 12th day of November, 20t 5.
·f. t(~
Charlotte Madden, City Clerk
Schedule "A" to By-Law No. 7405/96/25
By-Law No. 3151/22/95, as amended and By-Law No. 3424/6/97, as Amended
Water and Wastewater Rates
1.
Metered ConsumQtion Rates
All users, including Residential, Institutional/ Commercial/ Industrial ("ICI") are
subject to a metered consumption rate for water of $1.9837 per cubic meter of
water usage.
All users, with the exception of Residential properties, are subject to a metered
consumption rate for wastewater of-$2.640? per cubic meter of water usage.
-1; ~ .53,a.4- e1tt
If a user has or had the ability to draw or remove water from the lake or canal
and metered wastewater usage is larger than metered water usage for the 12
months ending December 31, the difference, multiplied by 2.6'497 ~er cubic
meters will be added to the January water and wastewater biir."53 '
f-#1
There is no minimum charge per billing period.
2.
Bulk Water Sales
3.
The metered rate for bulk water sales is $1.9837 per cubic meter.
The service charge is based on a 75mm (3") meter regardless of the actual
meter used. The fixed service charge is $6,337.68 per year.
Fixed Service Charge
Residential properties are subject to a fixed service charges as follows:
Meter Size
Meter Factor
Water
Wastewater
Residential properties
NA
$ 576.16
$1,345.41
with 2 or less units [19
mm (3/4") or smaller]
Residential properties with
NA
$ 288.08 per unit
$ 672.70 per unit
3 or more units
All other users are subject to a fixed service charge based on user type or meter
size:
Meter Size
Meter Factor
Water
Wastewater
19 mm (3/4") or smaller 1
1
$ 576.16
$ 990.58
- non-Residential
25 mm (1")
1.4
$ 806.61
$1,386.83
38 mm (1 1/2")
1.8
$1,037.08
$1,783.05
50 mm (2")
2.9
$1,670.85
$2,872.70
75 mm (3")
11.0
$6,337.68
$10,896.43
100 mm (4")
14.0
$8,066.13
$13,868.17
150 mm (6")
21.0
$12,099.20
$20,802.28
200 mm (8")
29.0
$16,708.42
$28,726.94
250 mm (10")
40.0
. $ 23,046.09
$39,623.37
All developable vacant land directly abutting the water distribution and/or
wastewater collection system will be charged the fixed service charge for water
and wastewater through the property tax billing system unless the property is
assessed undevelopable by the City's Planning department.
The fixed service charge applied to developable vacant land will be charged based
on property classification as follows:
Property Type
Water
Wastewater
Residential
$ 576.16
$1,345.41
Commercial/Institutional/Industrial
$1,670.85
$2,872.70
It is not the intent of this bylaw for a property owner to have paid the developable
vacant land fixed service charge on a property for the same time period as the
regular fixed service charge for the same period. For any period of duplicate
payment, which may occur due to time of billings as a property moves from
undeveloped to developed, the City will refund the developable vacant land fixed
service charge.
4.
Flat Rate (Residential)
During any month where an accurate meter reading cannot be recorded, a
Residential user account will be charged, for water and wastewater, the
average monthly consumption for the previous 12 months. If a residential
account does not have 12 months of previous consumption, then the
average consumption will be based on the number of months previously
billed.
Examples of when a meter reading cannot be recorded are as follows:
-
where a service connection has been turned on at the
property line but where no meter has been installed
(water meter refusal);
-
refusing to provide a meter reading and/ or providing
access to read a water meter or reading device;
-
refusing to remove any obstruction to reading a meter or reading
device;
-
refusing to provide for meter or reading device repairs for
accurate meter readings;
-
the tampering with or alteration of the water meter or
reading device and meter readings cannot be obtained.
Appointments should be made to repair meters reading
correctly. If an appointment is refused after 3 attempts, the
water will be shut off.
Flat Rate {ICI}
During a period where an accurate meter reading cannot be recorded, an ICI
user account will be charged a monthly flat rate for water and wastewater. The
flat rate will be calculated as two (2) times the current fixed service charge per
Section 3 (the fixed service charge will be dependent on meter size) above PLUS
two (2) times the monthly average of the previous 12 months' available
consumption at the metered consumption rates per Section 1 above.
Examples of when a meter reading cannot be recorded are the same as those
outlined under "Residential" above.
5.
Water for New Construction Rates
6.
8.
9.
During periods of new construction where there is no water meter the following
rates are charged:
-
Residential properties are subject to a $37 4.50 flat fee.
-
ICI properties are subject to a $7 49.00 flat fee.
Following 14 days after the payment and pickup of water meter, rates are
no longer subject to this section. Rates are to be charged based on
Sections 1 to 4 above.
Administration Charges
-
Issuing a water shut off tag shall be charged to the property
owner at a fee of $90.00;
-
Water account inquiries will be provided at a fee of $9.00;
-
Reading of analog meters due to refusal to upgrade to RF
meters will be provided at a fee of $115.00 per scheduled
reading date.
-
Customer request to change out from an RF meter to an
analog meter will be at the customer's expense to cover the
actual cost of the new analog meter plus removal and
installation costs.
7.
User Charges
There are certain user charges with respect to water and wastewater
that are included in the User Fee By-Law. These include such topics as
water turn on / off and installation of water services.
User fees may be billed individually, included in a user's water and
wastewater bill or charged and collected through a building permit.
Late Payment Fees
Payment terms to be a minimum of net 21 days.
Interest on water and wastewater accounts to begin accruing at one and one
fourth (1 ¼) percent of the amount due and unpaid starting on the first day of
default.
At the discretion of the Director, Corporate Services / Treasurer a payment
can be backdated to the due date on any accounts receivable balance
received within five business days of the due date provided a reasonable
explanation for the late payment has been provided by the account holder.
The Director, Corporate Services / Treasurer is approved to move any
unpaid water and wastewater balances to the property tax roll of the related
property.
Billing__£ycle
Identified and developable vacant land subject to the fixed service charge will
be billed semi-annually on the property tax bill or through the supplemental tax
billing system on a prorated basis.
The water for new construction charge will be billed and collected at the time of
building permit before a building permit is issued.
All water and wastewater meter users will be billed monthly on a water
and wastewater bill.
10.
Exemptions from Billing for Wastewater Costs
Bulk water haulers accessing City bulk water facilities:
-
Port Colborne Poultry Limited
-
Any property that does not directly abut any part of the wastewater
system;
-
Any other property that is covered by a separate By-Law enacted by
Council.
11.
Exemptions from Billing for Water and Wastewater Charges on Vacant Land
-
Vacant assessed land that abuts another assessed property that is owned
by the same registered owner, AND, the use of the vacant assessed land
supports a business on the abutting assessed property, except for
Industrial use properties.