This is the exact embedded text of the captured official document.
Snapshot 56322dfc057a · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
OFFICE CONSOLIDATION - Amended by By-law(s) No. 64-20
This is an office consolidation of By-law No. 71-19 and its amendments. It is prepared for reference and convenience only. For
accurate reference, consult the original by-laws that are retained by the Regional Clerk. Halton Region bears no responsibility
or liability for any deficiencies, inaccuracies, errors or omissions contained in this Office Consolidation.
Consolidated version revised and verified June 2025.
THE REGIONAL MUNICIPALITY OF HALTON
BY-LAW NO. 71-19
A BY-LAW TO REPEAL AND REPLACE BY-LAW NO. 131-10, AS
AMENDED, BEING A BY-LAW RESPECTING THE SUPPLY OF WATER,
THE
ESTABLISHMENT,
CONSTRUCTION,
MAINTENANCE,
OPERATION, IMPROVEMENT AND EXTENSION OF DRINKING
WATER SYSTEMS FOR THE REGIONAL MUNICIPALITY OF HALTON
AND THE ESTABLISHMENT OF WATER RATES AND CHARGES AND,
BY-LAW
NO.
61-11
BEING
A
BY-LAW
RESPECTING
THE
PREVENTION OF BACKFLOW INTO THE WATER SYSTEM OF THE
REGIONAL MUNICIPALITY OF HALTON.
WHEREAS Section 11 of the Municipal Act, 2001, provides that The
Regional Municipality of Halton has the exclusive responsibility for public
utilities, including water distribution, production, treatment and storage
within the Regional boundaries and all the provisions of any general act
relating to such collection, production and treatment of such water and the
financing thereof by a municipal corporation apply, with the necessary
changes being made;
AND WHEREAS Section 80 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, wire,
machinery, equipment and other works; to inspect, install, repair, replace
or alter a public utility meter; to shut off or reduce the supply of the public
utility to the land; and, if a customer discontinues the use of a public utility
on land or the municipality lawfully decides to cease supplying the public
utility to land, to shut off the supply of the public utility; to remove any
property of the municipality; or to determine whether the public utility has
been or is being unlawfully used;
AND WHEREAS Section 23.1 of the Municipal Act, 2001 provides that a
municipality may delegate its powers and duties under the Municipal Act,
2001 or any other act to a person or body subject to legislated restrictions;
AND WHEREAS Section 20(1) of the Safe Drinking Water Act, 2002
provides that it is an offence to cause or permit anything to enter a
drinkingwater system if it could result in, a drinking-water health hazard, a
Page 2 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
contravention of a prescribed standard or the interference with the normal
operation of the system;
AND WHEREAS Sections 78, 79 and 80 of the Municipal Act, 2001
provide rights of entry for the municipality onto Property in relation to the
supply of a public utility and water supply is a public utility;
AND WHEREAS Part XIV of the Municipal Act, 2001 provides for the
enforcement of municipal by-laws;
AND WHEREAS Regional Council is desirous of passing such a By-law.
NOW THEREFORE THE COUNCIL OF THE REGIONAL MUNICIPALITY
OF HALTON HEREBY ENACTS AS FOLLOWS:
Page 3 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
TABLE OF CONTENTS
Section
Page
Definitions
4
Administration
14
Connections
15
Construction, Installation and Maintenance Standards
17
Hydrants
21
Water Meters
22
Cross Connection Control and Backflow Prevention
25
Auxiliary Source of Water
29
Offences, Enforcement and Penalties
30
Water Rates and Charges
35
General
38
Appendix "A" - Authorized Functions List
40
Page 4 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
DEFINITIONS
1.
In this By-law, the following words or phrases are defined as:
"Applicant"
means the Owner, or authorized agent of the
Owner, of the Property wanting to connect to the
Drinking Water System;
"Application"
means an application in the form provided to the
Commissioner by an Applicant requesting a
connection, extension or modification to the
Drinking Water System;
"Authorized Functions List" means the list of functions and the Persons
authorized to carry out such functions as set out in
Appendix A;
"Authorized Tester"
means a Person authorized to carry out such
functions as set out in the Authorized Functions
List;
"Auxiliary Source of Water"
means any Private Service, on or available to a
Property, supplying water that is not from the
Drinking Water System;
"Backflow"
means a flowing back of water or reversal of the
normal direction of flow;
"Building Code Act"
means the Building Code Act, 1992, S.O. 1992, c.
23, and its regulations, as amended;
"Backflow Prevention
Device"
means a device that, (i) incorporates two or more
check Valves to prohibit the reverse flow of the
water, irrespective of the pressure differentials,
where the maximum working pressure is not
exceeded; and (ii) contains integral safeguards to
make failsafe the event of a malfunction of one or
more of the check Valves;
Page 5 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
"Backflow Prevention
Device Tester"
means a Person who has completed and passed
a Cross Connection Control course in Backflow
Prevention Device testing at an accredited
school or college and shall be in accordance with
CSA B64 10.1-01 Subsection 4. Device Testers
and School Accreditation;
"By-pass Valve"
means a mechanical engineering device for
controlling the flow of fluids (liquids, gases,
slurries) located on or around a Regional Water
Meter by-pass pipe or on a Backflow Prevention
Device;
"Combined Service"
means a water system used for both Potable
Water and fire protection services;
"Commercial"
means land, buildings or structures that are
deemed by the Commissioner to be used for the
sale or provision of goods and services, not
designed or intended for Residential use;
"Commissioner"
means the Commissioner of Public Works for the
Region or an authorized representative of the
Commissioner;
"Consumer"
means any Person actually drawing upon or using
the Drinking Water System;
"Control Valve"
means the Valve that controls the flow or pressure
of water located at or before the Residential
Water Meter;
"Corporate Counsel"
means the Corporate Counsel for the Region or
an authorized representative of the Corporate
Counsel;
"Cross Connection"
means an actual or potential connection between
a Potable Water system and any source of
pollution affecting any temporary, permanent, or
potential water connections that may allow
Page 6 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
Backflow to occur;
"Cross Connection
Control"
means the enforcement of any ordinance or other
legal statement regulating Cross Connections;
"Cross Connection Control
Program"
means a program initiated by the Region to
administer and regulate the selection, installation,
testing,
and
maintenance
of
Backflow
Prevention Devices;
"Cross Connection Survey"
Means a visual inspection of the Private Service,
Auxiliary Water Supply, Combined Service or
other, to determine if Premise Isolation prevents
any Cross Connection to the Drinking Water
System;
"CSA"
means the Canadian Standards Association;
"CSA B64"
means CSA Standard Series B64.10 Selection
and
Installation
of
Backflow
Preventers/Maintenance and Field Testing of
Backflow Preventers Standard, as amended;
"Design Requirements"
means
the
Region's
Design
Requirements
approved by the Commissioner that details
design and construction methods, and other
related guidelines for roads, the Drinking Water
System, or wastewater collection system in the
Region;
"Development Agreement"
means an agreement between the Region and a
developer making provision for financial, planning,
environmental and other conditions related to the
orderly development and phasing of lands;
"Development Process"
means the construction, erection or placing of one
or more buildings on land or the making of an
addition or alteration to a building that has the
effect of increasing the size or usability and/or
changing the use thereof and development shall
Page 7 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
include redevelopment;
"Disconnection"
Means the removal of a connection between the
Drinking Water System and the Private Service,
and the removal of the Regional Water Meter;
"Double check valve
assembly"
means a mechanical Backflow Prevention
Device that consists of two internally loaded
check Valves and includes two shut-off Valves
and test ports;
"Drinking Water Quality
Standards"
means the prescribed standards under O. Reg.
169/03 of the Safe Drinking Water Act;
"Drinking Water System"
means any works for the collection, protection,
measurement, production, treatment, storage,
supply and distribution of water, or any part of
such
works
excluding
plumbing,
that
is
established for the purpose of providing users of
the system with Potable Water and located within
the limits of the public road allowance, or on lands
where there is a registered easement in favour of
the Region;
"Enclosure"
means an above-ground structure, certified to
"ASSE Standard# 1060 for Outdoor Enclosures
for Backflow Prevention Assemblies" designed to
accommodate a Backflow Prevention Device
and Regional Water Meter, that incorporates
positive drainage to prevent submergence of the
Backflow Prevention Device, provide security,
increase accessibility for testing and repair, and
provide freeze protection;
"Hydrant"
means any hydrant either owned and maintained
by the Region located on a public right-of-way or
on lands where there is a registered easement in
favour of the Region, or a hydrant located on
private Property that is not owned nor maintained
by the Region, that is connected to the Drinking
Water System;
Page 8 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
"Hydrant Meter"
means a Regional Water Meter for specific use
of
measuring
water
usage
from
Hydrant
connected to the Drinking Water System;
"I/C/I"
means Industrial, Commercial and Institutional;
"Illegal Connection"
means an unauthorized or unmetered connection
to the Drinking Water System either by by-pass
or removal of the Regional Water Meter,
unauthorized Hydrant connection or as otherwise
determined by the Commissioner;
"Industrial"
means land, buildings or structures that are
deemed by the Commissioner to be used for the
manufacturing or storage of goods and services,
not
designed or
intended
for
Residential,
Commercial and/or Institutional use;
"Institutional"
means lands, buildings or structures that are to be
places of worship, schools, seniors residences,
hospitals,
recreation
centers,
libraries
or
municipal/provincial/federal facilities and any other
facilities as deemed by the Commissioner;
"Irrigation Systems"
means artificially supplying land with water for
agriculture or landscaping, usually by artificial
means such as pipes and sprinklers;
"Meter Chamber"
means an accessible in-ground structure not
attached to a building, containing and protecting
the Regional Water Meter(s), Control Valve(s)
and Double Check Valve Assembly and when
on private Property, is maintained by the Owner;
"Meter Seal"
Means a metal wire, mechanism or device that is
secured to the Regional Water Meter and/or
Valves to prevent tampering and can only be
removed by an authorized agent of the Region;
Page 9 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
"MECP"
means the Ontario Ministry of the Environment,
Conservation and Parks or the applicable Ministry
at the time and its applicable legislation,
regulations and regulatory guidelines;
"Multi-Residential"
means a Property that contains two or more
Residential dwellings including but not limited to
townhouses, apartments, condominiums, strata or
other
such
units
as
determined
by
the
Commissioner, but does not include Secondary
Suites;
"Mixed-Use"
means a Property or dwelling unit, part of which
may be used as a business establishment,
intended for Residential use and units intended
for I/C/I use, including live/work units as defined in
the Building Code Act and local zoning by-laws;
"Municipal Act"
means the Municipal Act, 2001, S.O. 2001, c.25;
"New Construction"
means a process that consists of the building or
assembling of infrastructure, Residential, Multi-
Residential,
Commercial,
Institutional
or
Industrial
buildings
which
conforms
to
all
applicable zoning and Building Code Act
requirements;
"Non-Municipal Drinking
Water System"
means a non-municipal drinking water system as
per the Safe Drinking Water Act;
"Officer"
means the Commissioner, a municipal law
enforcement officer, a police officer, or any person
appointed to enforce the provisions of this By-law;
"Ontario Water Resources
Act"
means the Ontario Water Resources Act, R.S.O.
1990, c. O.40;
"Owner"
means the registered Owner of the Property, or
their authorized agent, or a lessee or occupant of
Page 10 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
the Property;
"Permit"
means a written permission that is granted to an
Applicant by the Commissioner or an authorized
representative,
for
the
construction
and/or
installation of all of the physical and mechanical
equipment and devices to make a connection to
the Drinking Water System;
"Person"
means an individual, association, partnership,
corporation, municipality, provincial or federal
agency, or an agent or employee thereof, trustee,
executors,
administrators
or
other
legal
representatives of a person to whom the context
can apply according to law;
"Premises Isolation"
means the prevention of Backflow into the
Drinking Water System from a Private Service
by the installation of a suitable Backflow
Prevention Device at the entrance of the building
or Property;
"Potable Water"
means water from the Drinking Water System
intended for human consumption;
"Private Service"
means water service pipe, devices, service
valves, plumbing, fittings and appurtenances
located on the private side of the Property Line or
contained within a Non-Municipal Drinking
Water System or other Private Service;
"Private Water Meter"
means a device or mechanism installed on a
Private Service, after the Regional Water Meter,
that is not the Property of the Region, that an
Owner may install for the purposes of bulk or sub-
metering the consumption of water;
"Property"
means both public and private lands, buildings,
structures, boats, vehicles, railway cars, or mobile
homes located and means a parcel of land which
is capable of being legally conveyed as the
Page 11 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
context requires within the Region;
"Property Line"
means the line marking the limits between private
and public Property;
"Region"
means The Regional Municipality of Halton;
"Regional Employee"
means an employee, contractor, or agent of the
Region;
"Regional Official Plan"
means the Region's in force Official Plan,
pursuant to the Planning Act, R.S.O. 1990, c P.13;
"Regional Council"
means the elected Council for the Region;
"Regional Standards"
means approved current standards relating to the
construction
and
engineering
of
water,
wastewater, storm sewer, and road systems on
public
lands,
including
any
standards,
specifications, guidelines, criteria, levels of service
criteria and any policies and procedures which are
approved by the Commissioner, from time to
time;
"Regional Water Meter"
means a device or mechanism, including but not
limited to Advanced Meter Infrastructure (AMI)
technology,
a
Remote
Reader
and
all
appurtenances thereto, which is owned by the
Region and used for the purpose of measuring
the flow and quantity of water provided for billing
purposes in accordance with the Water Rates
and Charges By-law;
"Remote Reader"
means a device used to record the quantity of
water to which it is connected;
"Residential"
means developed land, buildings or portions
thereof used, designed or intended for residential
use and includes but not limited to a single
detached dwelling, a semidetached dwelling, a
Page 12 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
multiple dwelling, an apartment dwelling, a
Secondary Suite, a special care/special need
dwelling,
an
accessory
dwelling
and
the
residential portion of a Mixed-Use building;
"Safe Drinking Water Act"
means the Safe Drinking Water Act, 2002, S.O.
2002, c. 32;
"Secondary Suite"
Means
an
accessory
Residential
dwelling
permitted by a local zoning by-law that is located
within or upon private Property and does not
require a separate connection to the Drinking
Water System;
"Service Extension Policy"
means the policy approved by Regional Council
related to the extension of the Drinking Water
System;
"Service Valve"
means a device consisting of a Valve and
box/chamber located at or near the Property Line
which is owned by the Region for controlling the
flow of water from the Drinking Water System to
a Private Service;
"Temporary Connections"
means a connection that is granted to an
Applicant by the Commissioner on a temporary
basis with an agreed upon termination date;
"Test Tag"
Means a tag approved by the Region that is
placed on the Backflow Prevention Device that
records the device information, date of testing and
tester information;
"Urban Service Area"
means the area designated by the Regional
Official Plan as eligible for a connection to the
Drinking Water System;
"Valve"
means a device for controlling the flow of fluids
(liquids, gases, slurries) in a pipe or other
enclosure, controlled by means of a movable
element that opens, shuts, or partially obstructs an
Page 13 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
opening in a passageway;
"Water and Waste Water
Connection Charges By-
law"
means the Region's current By-law establishing
connection charges and related fees and charges,
as passed from time to time by Regional Council;
"Watermain"
means any system of pipes and appurtenances
owned by the Region used for the distribution of
water, but does not include plumbing or a
pumping facility;
"Water Rates and Charges
By-law"
means the Region's current By-law establishing
water rates and related fees and charges, as
passed from time to time by Regional Council;
"Zone/Area Protection"
means protection provided for sections of a piping
building or facility with no Potable Water
connections
downstream
of
a
Backflow
Prevention Device.
Page 14 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
ADMINISTRATION
2.
General
2.1.
The Region may supply water through the Drinking Water System as
circumstances, equipment and capacity permit.
2.2.
The Region shall meet all regulatory requirements under the Safe
Water Drinking Act.
2.3.
No Regional Employee shall under any circumstances be permitted to
give any guarantee for the supply of water through the Drinking Water
System and will not be liable for any damages associated in a change
to the Consumer's supply of water.
3.
Responsibilities of the Commissioner
3.1.
Except as otherwise expressly provided in this By-law, the
Commissioner is responsible for:
i)
the administration and enforcement of all the provisions of this
By-law; and
ii)
the
construction,
installation,
maintenance,
operation,
improvement, and extension of the Drinking Water System of
the Region, that shall comply with approved Regional
Standards.
3.2.
The Commissioner shall determine the nature of any extension,
alteration or connection to the Drinking Water System required, the
location and size of any pipe or appurtenance, the material required to
be used for such purpose, or component thereof in accordance with
Regional
Standards
and
MECP
regulatory
requirements
or
guidelines.
3.3.
Where there is a need for greater certainty, the Commissioner in
consultation with Corporate Counsel, is authorized to interpret,
implement and enforce this By-law in a manner which is consistent
with the purpose and intent of the By-law to ensure the protections of
the Drinking Water System.
4.
Power of Entry and Notice
4.1.
The Commissioner may, in the course of performing their duties
under this By-law, enter, pass upon, through, over and under any
Page 15 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
Property within the jurisdiction of the Region or area as permitted in
accordance with the Municipal Act.
4.2.
The Commissioner may at any reasonable time, enter and inspect
any lands or structures thereon, to determine whether any provisions
of this By-law are being complied with.
4.3.
Except in the case of an emergency, risk to the Drinking Water
System or an Illegal Connection, the Commissioner or a
representative shall give reasonable notice before ceasing the supply
of water for any necessary inspection, installation, construction,
alterations, upgrade, repair or maintenance of the Drinking Water
System or parts thereof, or as a result of any unpaid or overdue fees
or charges as permitted in accordance with the Municipal Act. The
Region shall not be liable for any damages whatsoever caused by the
shutting off or the reduction of supply of water or for damaging any
component of the Private Service or Property.
5.
Restrictions on the Use of Water
5.1.
The Commissioner may from time to time at their complete and sole
discretion prohibit or restrict the use of water.
CONNECTIONS
6.
Application for Connection to the Drinking Water System
6.1.
No Person shall proceed with construction or any work related to the
connection to the Drinking Water System until the Application is
approved to the satisfaction of the Commissioner.
6.2.
Where an Owner of any Property located within the Region requests
to connect to an adjacent municipality's Watermain that exists in a
highway or public utility corridor located outside of the Regional Urban
Service Area, such connections are only permitted in accordance with
the Region's Urban Services Guidelines. Where such a connection
is permitted, the Region shall not be responsible for the cost of the
infrastructure or connection to the water supply from an adjacent
municipality. Further, the Owner shall be responsible for obtaining
consent from the adjacent municipality.
6.3.
Where a Property does not front or abut an existing Watermain within
a right-of-way or Regional easement, the Owner of any Property,
which is within the Urban Service Area as defined in the Regional
Official Plan must first make an Application to the Commissioner for
Page 16 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
the extension of the Drinking Water System, providing such
Application conforms to the policies and guidelines contained in the
Regional Official Plan. Any extension of the Drinking Water System
shall be undertaken according to the terms and conditions set forth in
the Service Extension Policy as amended from time to time, or in the
form of an agreement to the satisfaction of the Commissioner and
Corporate Counsel. Upon an approved Application, all costs related
to the extension of and connection to the Drinking Water System
shall be at the complete and sole expense of the Owner.
6.4.
Where a Watermain exists within a Right-of-Way or Regional
Easement, the Owner of any abutting or fronting Property, which is
within the Urban Service Area as defined in the Regional Official
Plan and which may in the opinion of the Commissioner be readily
supplied there from, may make an Application to the Commissioner
for approval to connect to the Drinking Water System, providing such
Application conforms to the policies and guidelines contained in the
Regional Official Plan.
6.5.
The Commissioner may refuse approval of an Application, where in
the Commissioner's opinion the Drinking Water System may be
adversely affected by the connection or where the Application does
not satisfy one or all of the criteria set forth in the Drinking Water
System By-Law, the Regional Official Plan or any ancillary
legislation.
7.
Connections to Permanent Water Supply - Land Development
7.1.
Where an Applicant requires a connection to the Drinking Water
System for a proposed land development pursuant to the
Development Process for New Construction, the Applicant shall
enter into a Development Agreement with the Region, to the
satisfaction of the Corporate Counsel, which shall include details
respecting the installation of any Watermain, Private Service,
Regional Water Meters, Backflow Prevention Devices and any
other appurtenances as required to the various lots in the proposed
development.
7.2.
The developer is responsible for the protection of the Drinking Water
System through the implementation of an interim water quality plan,
locates, maintenance and prevention of damage to the Drinking
Water System.
Page 17 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
8.
Connections to Permanent Water Supply
8.1.
Upon the Commissioner's approval of an Application to connect to
the Region's Drinking Water System, the Region shall issue a
Permit. The Applicant shall pay all fees associated with the provision
of the connection(s) to the Drinking Water System including the
tapping of the Watermain , inspection and testing as set out in the
Water Rates and Charges By-law and Water and Wastewater
Connection Charges By-Law, as amended from time to time.
8.2.
When a Permit has been granted, the Applicant shall at their
complete and sole expense install the required connection and
appurtenances thereto, from the Watermain to the Property Line
according to current Regional Standards, applicable legislation such
as the Building Code Act, Drinking Water Quality Standards and
provincial standards and specifications. These costs are in addition to
the fees imposed under the Water Rates and Charges By-law and
Water and Wastewater Connection Charges By-law and any costs
associated with works on the Property of the Owner that shall not be
the responsibility of the Region.
8.3.
Upon connection to the Drinking Water System, the Applicant shall
disconnect any Auxiliary Source of Water from the Property and
under no circumstances shall an Auxiliary Source of Water or any
pipes or devices connected to said water source be permitted to be
cross connected with the Region's Drinking Water System
8.4.
The Region shall not be liable for damage caused by any authorized or
unauthorized construction or work related to the connection to the
Drinking Water System by an Owner or their authorized
representative.
CONSTRUCTION, INSTALLATION AND MAINTENANCE STANDARDS
9.
Installation and Specifications
9.1.
The size and type, the materials for the construction thereof and the
location shall be in accordance with Regional Standards, the
Building Code Act, Safe Drinking Water Act or any subsequent act.
9.2.
Where the Region determines that a Private Service or connection to
the Drinking Water System is not constructed or maintained in
accordance with current Regional Standards, this By-law, the
Building Code Act, or any ancillary legislation, it shall be the
Page 18 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
responsibility of the Owner to upgrade the Private Service at the
complete and sole cost of the Owner.
9.3.
Where in the opinion of the Commissioner a Private Service is
dormant or extraneous, it shall be the Owner's responsibility at their
complete and sole expense, to disconnect from the Drinking Water
System.
9.4.
The Region may discontinue the supply of water to the Property and
may shut off the Service Valve at the Property Line, until such time
as any upgrade, maintenance or repairs are undertaken or completed
to the satisfaction of the Commissioner.
9.5.
The size of a Watermain, the materials for the construction thereof
and the location of a Watermain within the road allowance shall be as
specified in the current Regional Standards. On an existing road
allowance where utilities or otherwise are already in existence, the
Commissioner may consider alternate, non-standard locations for a
Watermain subject to the approval of the local road authority.
9.6.
Unless previously authorized by the Commissioner, no work shall be
undertaken or performed by any Regional Employee, servant, agent
or contractor of the Region, and no material shall be placed upon
private Property except the placing of a Regional Water Meter or
Remote Reader.
9.7.
Where a Private Service for a Property is approved by the
Commissioner to supply water to more than one registered lot, or is
installed in, over or across another Property, an easement,
Condominium Agreement or other appropriate agreement to the
satisfaction of Corporate Counsel shall be in force.
9.8.
Where an easement exists, the registered party is responsible for the
cost of maintenance, repair, replacement and any associated costs
located within the easement.
9.9.
Any Property that contains two or more Private Services which have
been connected to separate sections of the Drinking Water System
and are interconnected inside the Property Line, the Owner shall
install and maintain on each Private Service a sufficient number of
Valves, Backflow Prevention Devices and Regional Water Meters,
as determined and approved by the Commissioner and Regional
Standards.
9.10. The installation of once-through cooling systems shall not be approved
for use on any Property connected to the Drinking Water System.
Page 19 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
10.
Service Valves
10.1. Service Valves shall be located at the Property Line or at a location
as otherwise determined by the Commissioner.
10.2 Every Owner shall maintain a Service Valve by taking all precautions
necessary to prevent damage by frost, freezing, blows through
landscaping, snow removal, driveway repair, theft or otherwise.
10.3 Where a Service Valve has been damaged, encased, concealed, or
made inaccessible by the Owner, or an agent of the Owner, through
landscaping, driveway repair or otherwise, the Owner shall at their
complete and sole expense be responsible for exposure of, repair or
replacement of the Service Valve.
11.
Replacement or Upgrade of Existing Private Service(s)
11.1. Where an Owner with an existing connection to the Drinking Water
System engages in the redevelopment of a lot, major renovation or
change of use, and they wish to re-use that connection, the Owner
shall, at their sole expense, expose the connection at the Property
Line to confirm the size and location of the connection and verify it
functions as intended and conforms to this By-law and current
Regional Standards.
11.2. Any existing connection to the Drinking Water System shall be
flushed, sampled and tested according to Regional Standards, prior to
being re-connected to the Region's Drinking Water System at the
sole expense of the Applicant.
11.3. Where the Region determines that the Drinking Water System
requires retrofitting or upgrading as a result of the redevelopment,
major renovation or change of use to comply with current Regional
Standards, this By-law, the Building Code Act, or any ancillary
legislation, any upgrade to the Drinking Water System shall be at the
complete and sole cost of the Owner.
12.
Disconnections
12.1. At the request of an Applicant and where a municipal demolition
permit is received by the Region, a minimum of seventy-two (72)
hours' notice is required for the disconnection of the Drinking Water
System at the Property Line and the removal of the Regional Water
Meter(s) at the Owner's expense.
Page 20 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
12.2. In the case of a Property demolition where the demolished Property
will not be replaced with a new Property, the Region shall disconnect
the Drinking Water System at the Region's cost.
12.3. Until such time as a Consumer provides written notice to the
Commissioner of their desire to disconnect from the Drinking Water
System and the disconnect has occurred, the rates and charges as
prescribed in the Water Rates and Charges By-law shall continue to
be charged to the Consumer by the Region.
13.
Multi-Residential and Mixed-Use
13.1. A Private Service shall be permitted to service more than one
Residential horizontal, vertical or stratus condominium complex or
apartment complex regardless of ownership as long as the necessary
Private Service easements and/or Watermain common elements are
placed on title or within the condominium documents. The documents
shall clearly spell out the private construction, maintenance, surface
treatment and reconstruction obligations of the Owner.
13.2. In the case of all condominium units, each Private Service and each
common condominium Private Service shall be located outside the
private condominium units and located within an area designated as
the common element in the common element and general index
register for the particular condominium corporation.
13.3. Watermain looping shall be incorporated into Multi-Residential
development unless otherwise approved by the Commissioner.
14.
I/C/I
14.1. A Private Service shall be permitted to service more than one I/C/I
regardless of ownership as long as the necessary Private Service
easements and/or Watermain common elements are placed on title or
within the condominium documents. The documents shall clearly spell
out the private construction, maintenance, surface treatment and
reconstruction obligations of the Owner.
14.2. Watermain looping shall be incorporated into I/C/I development unless
otherwise approved by the Commissioner.
15.
Secondary Suites
15.1. For the purposes of this By-Law, Secondary Suites do not require an
additional Private Service or Regional Water Meter, provided that a
Page 21 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
Regional Water Meter has been installed before a Private Service
extension to the Secondary Suite on the Property.
16.
Non-Municipal Drinking Water Systems
16.1. Where a Property with a Non-Municipal Drinking Water System that
serves apartment buildings, private subdivisions and mobile home
parks, or any other privately-owned system including I/C/I and Mixed-
Use exists, the Owner of the Non-Municipal Drinking Water System
is responsible for monitoring testing and reporting in accordance with
MECP regulations and the Safe Drinking Water Act.
HYDRANTS
17.
Hydrant Use
17.1. No Person shall use or discharge any water from any Hydrant
connected to the Drinking Water System, unless expressly permitted
in accordance with this By-law.
18.
Connection to a Hydrant
18.1. A connection to a Hydrant shall only be permitted upon approval of a
Permit and payment all necessary fees, as set out in the Water Rates
and Charges By-law.
18.2. Where, in the opinion of the Commissioner, there is no viable
alternative for providing water to a Consumer, the Commissioner
may issue a Permit for a Temporary Connection to a Hydrant by a
Consumer upon such terms and conditions and for a period to be
determined by the Commissioner provided they have applied to the
Region for a Permit and paid all necessary fees, as set out in the
Water Rates and Charges By-law. Every Person shall comply with
the conditions of the Permit.
18.3. In all cases the Hydrant shall have a Hydrant Meter installed thereon
and be protected by an approved Backflow Prevention Device, which
shall be the responsibility of the Consumer at their sole expense.
18.4. At no time shall a Consumer or any Person other than the
Commissioner remove or relocate a Hydrant Meter.
Page 22 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
19.
Installation, Maintenance and Relocation of Hydrants
19.1. The design, location, installation, separation and maintenance of a
Hydrant shall be in accordance with current Regional Standards and
the current National Fire Prevention Association Standard, the Fire
Protection and Prevention Act, 1997, S.O. 1997, c. 4 and the Ontario
Fire Code, O. Reg. 213/07, as amended.
19.2. The
Commissioner
shall
have
the
authority,
through
the
Development Process, to establish standards for and to secure the
provision of adequate Hydrant placement.
19.3. The Commissioner may require a Hydrant be relocated or replaced if
found to not be in accordance with current Regional Standards or if it
may cause an adverse effect to the Drinking Water System, at the
sole cost of the Owner.
19.4. At the request of an Owner, the Commissioner may permit a Hydrant
relocation in accordance with current Regional Standards, at the sole
cost of the Owner.
19.5. Where a Hydrant has caused damage to the Drinking Water System,
the cost of repair or replacement shall be at the sole cost of the
Owner.
20.
Fire Protection and Municipal Use of Hydrants
20.1. Each local municipality shall obtain a Permit for the use of a Hydrant
connected to the Drinking Water System for fire protection, sewer
flushing, street cleaning, and maintenance and shall use a Hydrant
Meter for the purposes of recording consumption.
20.2. A local municipality shall only use a Hydrant specified by the
Commissioner, and the locations may be amended from time to time
at the discretion of the Commissioner. The Commissioner has the
authority to revoke the use of the Hydrant at any time.
WATER METERS
21.
Water Meters
21.1. Every Private Service connected to the Drinking Water System shall
have a Regional Water Meter installed on each individual Private
Service, except in the case of bulk metering as approved by the
Commissioner.
Page 23 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
21.2. The Commissioner shall determine the size of any Regional Water
Meter, the manner of its installation, and any and all matters relating to
the required piping and other appurtenances associated there with in
accordance with current Regional Standards.
21.3. Unless otherwise specified by the Commissioner, all Regional Water
Meters shall be owned and maintained by the Region.
21.4. No Person, except for an Officer, shall break, permit or cause to be
broken a Meter Seal placed upon a Regional Water Meter.
21.5. In the event that a Meter Seal on a Regional Water Meter is
discovered to have been broken by someone other than an Officer or
a Regional Employee as authorized by the Commissioner, an
Officer may cause an investigation to be made to determine whether
there has been a contravention of this By-law.
21.6. A permanent connection to the Drinking Water System shall not be
permitted until a Regional Water Meter is installed and is deemed
operational to the satisfaction of the Commissioner.
21.7. A Control Valve shall be installed before the Regional Water Meter
on the Private Service within each unit at the sole expense of the
Owner. Where the Region provides for an upgrade of the Regional
Water Meter through a program as approved by Regional Council,
the Control Valve may be supplied or repaired as part of the
installation, repair or maintenance of the Regional Water Meter as
approved
by
the
Commissioner.
Owner
responsibilities
for
maintenance, replacement and repair of the Control Valve shall be in
accordance with section 22.6 and the Region shall not be liable for any
damages which may arise as a result of a Control Valve failure or
damage.
22.
Location and Maintenance Standards for Regional Water Meters
22.1. At any Property where a Regional Water Meter is to be installed, the
Owner shall provide space without any obstructions for such Regional
Water Meter and Remote Reader in a location approved by the
Commissioner, and the location shall be as close as practicable to the
point where the Regional water service enters the building, and shall
be accessible at all times for reading, repairing, testing and replacing
by the Region, in accordance with the current Regional Standards
and the Building Code Act.
Page 24 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
22.2. When a Regional Water Meter or Remote Reader is deemed to be
inaccessible, the cost to provide access, and any associated
restoration is the responsibility of the Owner.
22.3. When a location for a Regional Water Meter or Remote Reader
cannot be provided by an Owner to the satisfaction of the
Commissioner, or conditions or circumstances change with respect to
a Regional Water Meter installation within a building, the Owner shall
at their complete and sole expense, have a Meter Chamber or above
ground Enclosure constructed according to the current Regional
Standards.
22.4. The Owner shall have a Regional Water Meter installed for use in
accordance with the Water Rates and Charges By-Law, and located
in a common area, or an area accessible at all times for reading,
repairing, testing and replacing by the Region.
22.5. Every Owner shall ensure that Valves are fitted with proper handles
and shall provide, install and properly maintain all Valves to, from and
around the Regional Water Meter.
22.6. Every Owner shall maintain, replace and repair all plumbing including
the Control Valve, By-pass Valve, piping, fittings, Valves and
appurtenances to and from and around a Regional Water Meter in
good working order and shall take all precautions necessary to prevent
damage by frost, freezing, hot water, blows, injury or damage from any
cause to the Regional Water Meter, unauthorized removal from the
Property whether by theft or otherwise, at the Owner's expense. The
Region shall not be liable for any damages which may arise from the
thawing of a frozen Regional Water Meter.
22.7. Any Private Water Meter shall be installed on the Private Service
after the Regional Water Meter.
22.8. The Owner shall be liable for all costs related to the repair,
replacement, damage, freezing or leaking of any Control Valve,
plumbing, piping, fittings, Valves or appurtenances thereto located on
the Private Service and connected to the Regional Water Meter.
23.
Regional Water Meter Relocation
23.1. Where a request is made by an Owner to relocate a Regional Water
Meter, the location shall be approved by the Commissioner and no
Person shall relocate the Regional Water Meter before such approval
is granted by the Commissioner.
Page 25 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
23.2. The Regional Water Meter shall be inspected and sealed by the
Region to ensure conformance to Regional Standards.
23.3. Any costs related to the relocation of the Regional Water Meter shall
be at the sole expense of the Owner.
24.
Regional Water Meter Reading
24.1. The reading of the register of the Regional Water Meter shall be the
sole evidence of the quantity of water supplied to a Property unless
the Regional Water Meter is proven to be defective, following a proper
calibration testing as authorized by the Commissioner.
CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION
25.
Cross Connection Control & Backflow Prevention
25.1. No Person shall connect, cause to be connected, or allow to remain
connected to the Drinking Water System any piping, fixture, fitting,
container or appliance, in a manner which under any circumstance,
may permit Backflow into the aforementioned system.
25.2. The Commissioner shall provide evaluation, review and/or inspection
of plans of all Permits and shall determine, when necessary, the type
of Backflow Prevention Device, if any, to be required as a condition
of the issuing of a Permit or for any connection to the Drinking Water
System.
25.3. No Person shall remove, permit to remove or by-pass a Backflow
Prevention Device or any part thereof after it has been installed.
25.4. If a Backflow Prevention Device must be removed to facilitate the
repair of the device or Private Service, the Service Valve shall be in
closed position, or the system shall be disconnected from the Drinking
Water System to prevent backflow.
25.5. The Region shall not be liable for any damages which may arise as a
result of failure, freezing or defective condition of a Backflow
Prevention Device.
26.
Authorized Testers
26.1. The Commissioner shall define and approve the duties of an
Authorized Tester for the installation and testing of Backflow
Prevention Devices and the Cross Connection Control Program in
Page 26 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
the Authorized Functions List, and shall require an Authorized
Tester to register with the Region on a basis as determined by the
Commissioner.
26.2. All Authorized Testers shall obtain certification through an accredited
school or college, in accordance with CSA B64 and shall maintain
current certification and licensing with the appropriate certification
association.
26.3. The Commissioner may suspend or revoke the Authorized Tester
registration with the Cross Connection Control Program, if the
Authorized Tester:
i)
fails to renew, submit or maintain the annual registration and the
required annual documentation with the Region;
ii)
submits any false or misleading information; or
iii)
submits
incorrect
reports
or
installations
of
Backflow
Prevention Devices.
26.4. The Commissioner may upon suspension, request the Authorized
Tester successfully complete a testers refresher course as approved
by the Commissioner, prior to any re-instatement to the Cross
Connection Control Program as an Authorized Tester.
26.5. The Commissioner may, at their sole discretion forward all
noncompliant Cross Connection Control Program registrations to
the appropriate governing body.
27.
Cross Connection Survey
27.1. Every Owner shall, at their complete and sole expense, have a Cross
Connection Survey of the plumbing system of all existing Mixed-Use,
I/C/I, and Multi-Residential buildings and structures, except buildings
of Residential occupancies, conducted in accordance with the
Building Code Act, by an Authorized Tester as described in the
Authorized Functions List at the time of the Test Tag replacement,
change of use, change of ownership or at any time as determined by
the Commissioner.
27.2. The Cross Connection survey shall be completed with a report sent
to the Commissioner within sixty (60) days of the date of the request
by the Commissioner. The Cross Connection Survey report shall
include
existing
Backflow
Prevention
Devices
and
Cross
Page 27 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
Connections, corrective measures, recommendations, and a schedule
of work to be completed.
27.3. If a deficiency or condition is found to exist which is contrary to this By-
law, the Owner or other Person, shall, without delay take the action(s)
required to meet the requirements of this By-law.
28.
Backflow Prevention Devices
28.1. All I/C/I units shall be equipped with a Backflow Prevention Device
installed on each individual service as determined and approved by the
Commissioner.
28.2. All Multi-Residential bulk metered units, including stacked townhouse
units, shall be equipped with approved Backflow Prevention Devices
installed on each individual service.
28.3. In the case of a Mixed-Use unit with only one Private Service, a
Backflow Prevention Device shall be installed on the Private
Service.
28.4. In the case of Mixed-Use with more than one Private Service, the
I/C/I portion of the unit shall be equipped with a Backflow Prevention
Device as determined and approved by the Commissioner.
28.5. All lawn Irrigation Systems require the installation of a Backflow
Prevention Device in accordance with the Building Code Act and
CSA B64.
28.6. The requirements set out in sections 28.1 to 28.5 shall be the
responsibility of the Owner of the Property at their complete and sole
expense
28.7. Backflow Prevention Devices shall be utilised by all vehicles that
connect to Hydrants and these Backflow Prevention Devices shall
be inspected on an annual basis.
28.8. All Backflow Prevention Devices and piping shall be tested, owned
and maintained by the Owner and their sole expense.
28.9. The Owner shall take all precautions necessary to prevent:
i)
damage by frost, freezing, hot water, blows, injury or damage
from any cause to the Backflow Prevention Device and any
appurtenances thereto; and
Page 28 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
ii)
the loss of the Backflow Prevention Device, where the same
is removed from its premises without the consent of the Region,
whether by theft or otherwise.
29.
Backflow Prevention Device Installation and Testing
29.1 Every Owner shall ensure that all Backflow Prevention Devices be
installed and tested annually in conformance with CSA B64 and the
Building Code Act by an Authorized Tester and a copy of the testing
and inspection report and fees shall be submitted to the Region by the
Owner before activating a water service.
29.1. Every Owner shall ensure that Backflow Prevention Devices shall be
inspected and tested annually, by an Authorized Tester as defined by
the Commissioner at the expense of the Owner, upon installation,
and thereafter as required by the Commissioner and reported to the
Commissioner within twenty-eight (28) days of the test.
29.2. The Authorized Tester shall ensure that all equipment used to test a
Backflow Prevention Device is in good working order, verified and
calibrated for accuracy by the Authorized Tester.
29.3. The Authorized Tester shall ensure that all licencing required to
perform the functions, as set out in the Authorized Functions List, on
a Backflow Prevention Device are in good standing.
29.4. A Test Tag shall be displayed on or adjacent to the Backflow
Prevention Device by the Authorized Tester whom shall record the
address of the premises, the location, type, manufacturer, serial
number and size of the device, the test date, the name, initials and
license number of the Authorized Tester.
29.5. When the results of testing show that a Backflow Prevention Device
is not in proper working condition or requires updating to meet
Regional Standards, the Building Code Act or CSA B64, the Owner
shall notify the Commissioner and shall make all necessary repairs or
replace the device within ninety-six (96) hours, at the Owner's
complete and sole expense.
30.
Premises Isolation
30.1. Where, in the opinion of the Commissioner, a risk of possible
contamination of the Drinking Water System exists, the Owner, on
notice from the Commissioner, will be required to install a Backflow
Prevention Device for Premises Isolation and at the source of
potential contamination at the sole expense of the Owner.
Page 29 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
30.2. Any required Premises Isolation Backflow Prevention Devices and
Zone/Area Protection shall be installed in accordance with Regional
Standards, the Building Code Act and CSA B64.
31.
Fire Systems
31.1. Any private fire system must incorporate a Backflow Prevention
Device as determined and approved by the Commissioner and in
accordance with all Regional Standards, Design Requirements, the
Building Code Act and CSA B64.
31.2. All high rise buildings or any buildings which require the use of a
booster pump shall incorporate a Double Check Valve Assembly
located before the pump in order to protect the Drinking Water
System.
AUXILIARY SOURCE OF WATER
32.
Auxiliary Source of Water
32.1. The Commissioner may authorize the use of an Auxiliary Source of
Water subject to such terms and conditions deemed necessary, and
notwithstanding the generality of the foregoing may set a limit on the
period of time for which an Auxiliary Source of Water may be used.
32.2. No Private Service is permitted to be connected inside a Property
that is also connected to an Auxiliary Source of Water unless
specifically approved by the Commissioner for purposes other than
human consumption such as bona fide agricultural purposes, site
remediation, site de-watering, irrigation, cooling, or manufacturing, or
an emergency water supply for sensitive water users.
32.3. No Person who has been granted permission by the Commissioner
to use an Auxiliary Source of Water shall allow that source of water,
or any pipes or devices connected to said water source, to be
connected to the Region's Drinking Water System.
32.4. Any Person who has been granted permission by the Commissioner
to use an Auxiliary Source of Water shall install a Backflow
Prevention Device in accordance with the Building Code Act and
CSA B64.
Page 30 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
33.
Well Disconnection and Decommissioning
33.1. Any well that is not being used or maintained shall be decommissioned
in accordance with O. Reg. 903 of the Ontario Water Resources Act,
and any future amendments thereto. Furthermore, the piping from the
private well is to be disconnected.
34.
Bulk Water Stations
34.1. The Region may provide for the bulk sale of water from its metered
bulk water stations to approved bulk water users as determined by the
Commissioner.
34.2. Owners, Consumers and operators, as applicable, of a water hauling
truck shall take appropriate measures to protect the water, the water
tank, and any equipment and connections from contamination during
filling, storage, transportation, and delivery of the bulk water.
34.3. Owners, Consumers and operators shall pay all fees related to bulk
water in accordance with the Water Rates and Charges By-law.
OFFENCES, ENFORCEMENT AND PENALTIES
35.
Offences
35.1. No Person shall:
i)
hinder, obstruct, refuse entry or interrupt, or cause or permit to
be hindered or interrupted, the Region, Regional Employee or
any of its authorized officers, contractors, agents, servants or
workers in the exercise of any of the powers conferred by this
By-law;
ii)
let off or discharge water so that water runs waste or useless
from the Region's Drinking Water System;
iii)
alter, remove or bypass, or cause or permit to be altered,
removed or by-passed any Backflow Prevention Device or
Regional Water Meter;
iv)
transfer a Permit or agreement for any works related to the
connection to, or supply of, water from the Drinking Water
System without the approval of the Commissioner;
Page 31 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
v)
without lawful authority, open or close any Hydrant, Valve or
chamber connected to the Drinking Water System, or obstruct
the free access to any Hydrant, chamber, pipe or Hydrant
chamber by placing on or near to it any building material,
rubbish, temporary structure, or other obstruction of any nature
whatsoever;
vi)
obstruct access by Regional Employee to any part of the
Region's Drinking Water System;
vii)
deposit any injurious, noxious, noisome or offensive matter and
substances that are considered to be toxic as defined in Section
64 of the Canadian Environmental Protection Act, 1999 (CEPA
1999) into the water or Drinking Water System, or upon the
ice, if the water is frozen, or in any way foul the water or commit
any wilful damage or injury to the Drinking Water System, the
pipes or water, or encourage the same to be done;
viii)
alter, cause or permit to be altered any Regional Water Meter
placed upon any service pipe or connected therewith, within or
without any Property, so as to lessen or alter in any manner the
amount of water consumption registered;
ix)
lay or cause or permit to be laid any pipe or main to connect
with any pipe or Watermain of the Drinking Water System, or
in any way tap into or obtain the use of the water without the
written consent of the Commissioner;
x)
place or cause to be placed any material including snow, ice,
trees, shrubs, plants, fences, berms, or other obstruction or
vehicle of any kind whatsoever that obstructs access to a
Hydrant;
xi)
use water contrary to a water use prohibition or restriction by the
Commissioner or in a manner which is contrary to any direction
given by the Commissioner;
xii)
fail to notify the Commissioner immediately of any damage
caused to the Drinking Water System.
36.
Orders
36.1. If an Officer is satisfied that a contravention of this By-law has
occurred, they may make an Order requiring the Person who
contravened this By-law or who caused or permitted the contravention,
Page 32 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
or the Owner of the Property on which the contravention occurred to
discontinue the contravening activity.
36.2. An Order under subsection 36.1 shall set out:
i)
reasonable particulars of the contravention adequate to identify
the contravention and the location of the Property on which the
contravention occurred; and
ii)
the date by which there must be compliance with the Order,
which may be of immediate effect should the Officer determine
that the circumstances warrant.
36.3. If an Officer is satisfied that a contravention of this By-law has
occurred, they may make an Order requiring the Person who
contravened this By-law or who caused or permitted the contravention
or the Owner of the Property on which the contravention occurred to
do the work to correct the contravention.
36.4. An Order under subsection 36.3 shall set out:
i)
reasonable particulars of the contravention adequate to identify
the contravention and the location of the Property on which the
contravention occurred; and
ii)
the date by which there must be compliance with the Order,
which may be of immediate effect should the Officer determine
that the circumstances warrant; and
iii)
the work to be completed which may include but is not limited to
requiring that:
a.
prior to performing any work, all necessary permits or
other approvals be applied for and obtained;
b.
a Cross Connection Survey Form be completed;
c.
a Backflow Prevention Device be installed;
d.
a Backflow Prevention Device be tested;
e.
a Backflow Prevention Device be repaired;
f.
a Backflow Prevention Device be replaced;
Page 33 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
g.
a legible test report be submitted to the Region for
approval;
h.
a Test Tag be applied to a Backflow Prevention
Device;
i.
arrangements be made for the shutting off of the supply
of water from the Drinking Water System until the work
ordered to be done is completed;
j.
an Illegal Connection or by-pass be removed; and
k.
a disconnection of Private Service that is dormant or
extraneous.
36.5. An Order to discontinue a contravening activity made under subsection
36.1 or an Order to do work made under subsection 36.3 may be
served personally or by registered mail to the last known address of:
i)
the Person the Officer believes contravened this By-law; and
ii)
such other Persons affected by the Order as the Officer
making the Order determines.
36.6. Service by registered mail shall be deemed to have taken place five (5)
business days after the date of mailing or on the date of personal
delivery.
36.7. 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 Property and the placing of the placard shall be deemed
to be sufficient service.
36.8. Where service cannot be given in accordance with subsections 36.5
and 36.6, sufficient service is deemed to have taken place when given
in accordance with subsection 36.7.
36.9. No Person shall remove an Order, notice, direction or placard posted
on a Property indicating that it was posted under this By-law, except
an Officer.
36.10. Where a time frame is set out in an Order for carrying out any action,
the Officer may extend the time for compliance beyond the
established time frame provided such extension is required and is
acceptable to the Officer.
Page 34 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
36.11. Where a Person does not comply with a direction or a requirement,
including an Order, under this By-law to do a matter or thing, the
Officer, with such assistance by others as may be required, may carry
out such direction, requirement or Order at the Person's expense.
36.12. The Region may recover the costs of doing a matter or thing under
subsection 36.11 by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes and such costs
shall include an interest rate of fifteen (15) percent commencing on the
day the Region incurs the costs and ending on the day the costs,
including the interest, are paid in full.
36.13. A Person who has been served with an Order and who is not satisfied
with the terms and conditions of the Order may appeal to the
Commissioner by sending a notice of appeal by registered mail or
personal delivery to the Commissioner within fourteen (14) days after
being served with the Order.
36.14. An appeal under section 36.13 shall be conducted pursuant to the
Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22.
36.15. An Order under this By-law that is not appealed within the time referred
to in section 36.13 shall be deemed to be final.
37.
Enforcement
37.1. The enforcement of this By-law shall be conducted by an Officer.
37.2. 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 is
complied with.
37.3. 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.
37.4. Every Person who is alleged to have contravened any of the
provisions of this By-law, shall identify themselves to an Officer upon
request, failure to do so shall be deemed to have hindered or
obstructed an Officer in the execution of their duties.
37.5. Without limiting the generality of subsections 36.1 to 37.4, where the
Commissioner has determined, in their sole discretion, that an
immediate threat of contamination in the Region's Drinking Water
System exists that can endanger public health and safety, the
Commissioner may shut off the water supply to the Property or any
Page 35 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
building or structure thereon, until the threat of contamination has been
eliminated.
38.
Penalties
38.1. Every Person who contravenes any provision of 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 a
corporation is guilty of an offence and upon conviction is liable to:
i)
on a first offence, to a fine not more than $50,000.00;
ii)
on a second offence and each subsequent offence, to a fine of
not more than $100,000.00; and
iii)
in the case of 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.
38.2. Every Person who contravenes any provision of this By-law is guilty of
an offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
38.3. 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.
38.4. Each day that a Person contravenes any provision of this By-law
constitutes a separate offence.
WATER RATES AND CHARGES
39.
Methods of Calculation and Payment Provisions
39.1. All Consumers of water shall be charged in accordance with the rates
and charges fixed and set forth in the Water Rates and Charges By-
law.
39.2. Owners shall be responsible to pay those rates and charges as set
forth in the Water Rates By-law which are incurred for a Property by
their tenants, inmates, lessees, licensees, occupants and Consumers,
in accordance with the Municipal Act.
Page 36 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
39.3. Any Consumer who fails to take all precautions necessary to prevent
damage by frost, hot water, blows, injury or damage from any cause to
the Regional Water Meter and any appurtenances shall be liable for
any associated restoration costs.
39.4. Until such time as a Consumer provides written notice to the
Commissioner of their desire to discontinue the use of the Drinking
Water System and the Drinking Water System is in fact
disconnected (service capped and water meter removed by the
Region) at the Consumer's expense as set out in Water Rates and
Charges By-law, the rates and charges as prescribed in the Water
Rates and Charges By-law shall continue to be charged to the
Consumer by the Region.
39.5. The reading of the register of the Regional Water Meter shall be the
sole evidence of the quantity of water supplied to a Property unless
the Regional Water Meter is proven to be defective, following a proper
calibration testing as authorized by the Commissioner. If the
Regional Water Meter is shown by the test to measure the flow of
water above the American Water Works Association specifications, the
fee will be refunded and the Consumer's water bill will be adjusted by
the amount determined by the Commissioner of Finance. If a water
meter is shown by the test to measure the flow of water within or below
the American Water Works Association specifications, the test fee will
not be refunded to the Consumer.
39.6. Where a Regional Water Meter fails or is removed for any reason or
purpose, the quantity of water consumed during the period of such
failure or removal shall be estimated by the Region's Commissioner of
Finance and the Consumer shall be liable for any and all charges
based on this estimate.
39.7. In making any such estimate, the Region's Commissioner of Finance
shall give due consideration to consumption records for the Property
made prior to the failure or removal of the Regional Water Meter and
shall in addition, give due consideration to consumption records for the
Property made following the installation of an accurate Regional
Water Meter.
39.8. Any Consumer who fails to report to the Region that a Regional
Water Meter has not been installed or has been altered, tampered
with, or by-passed, shall be retroactively charged for the estimated
quantity of water consumed to the date of installation of the
hydroelectric meter at the water rate then in effect.
Page 37 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
39.9. Where any consumption of water supplied to a Property by the
Region is not properly recorded, the Region's Commissioner of
Finance shall reserve the right to estimate an input usage for the
Property and shall employ the rates and charges applied to accurately
metered water flows as set out in the Water Rates and Charges By-
law, as the basis for any such estimate.
39.10. All accounts for continued water rates shall be sent to a Consumer at
any such frequency as is determined by the Region's Commissioner
of Finance or their designate and each Consumer shall pay to the
Region or its authorized representative on or before the final due date
shown on the said account, the full amount of the rates and charges
shown thereon.
39.11. The Region shall not accept an Application for a connection to the
Drinking Water System for any Property owned or occupied by a
Consumer where the Consumer has one or more accounts for
metered water rates remaining unpaid for a period of thirty (30) days
after the expiration of the due date for payment indicated thereon.
39.12. In the event that:
i)
an outstanding account for metered water rates remains unpaid
after the payment due date shown on the said account, that
amount may be added to the tax roll and collected in the same
manner as taxes and a notice shall be sent to the Consumer
and if necessary to any of the following persons not included in
the definition of Consumer, namely all of the Owners, lessors,
mortgages, landlords, tenants, lessees and mortgagors (where
applicable) of the Property, by mail and/or electronic mail
advising that the amount has been added to the tax roll and may
be collected in the same manner as taxes; If the amount has
been added to the tax roll the Consumer may be subject to
additional administrative fees levied by their local municipality.
ii)
an outstanding account for metered water rates remains unpaid
for thirty (30) days after the expiration of the due date for
payment indicated thereon, final notice shall be sent to the
Consumer by the Commissioner of Finance by mail and/or
electronic mail advising that, should the account continue to
remain outstanding for ten (10) days following the mailing of
such final notice, the water may be turned off or the arrears in
payment may be collected by distress.
39.13. If an outstanding account for metered water rates is paid by cheque,
and such a cheque is not honoured by the proper banking authorities,
Page 38 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
the Region shall charge to the Consumer the fees set out in the
Water Rates and Charges By-law and such fees shall be added to
any outstanding account for metered water rates.
GENERAL
40.
Appendices
40.1. Appendix "A" shall form part of this By-law.
41.
Severability Clause
41.1. Should any provision, or any part of a provision, of this bylaw be
declared invalid, or declared to be of no force and effect by a court of
competent jurisdiction, it is the intent of Council that such a provision,
or any part of a provision, shall be severed from this bylaw, and every
other provision of this bylaw shall be applied and enforced in
accordance with its terms to the extent possible according to law.
42.
Legislation
42.1. Any reference in this By-law to any statutes, regulations or by-laws
shall be deemed to be a reference to such statutes, regulations or by-
laws, as amended, restated or replaced from time to time.
43.
Authorization
43.1. Where an individual is authorized to do any act pursuant to this By-law,
such act may be done by such individual's authorized designate.
Page 39 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
44.
Repeal, Short Title and Effective Date
44.1. By-laws No. 131-10, as amended, and 61-11, are hereby repealed.
44.2. The short title of this By-law is the "Drinking Water System By-law".
44.3. This By-law comes into force on the day it is passed.
READ and PASSED this 10th day of July, 2019.
REGIONAL CHAIR
REGIONAL CLERK
Report No. PW-27-19
Original signed by
Original signed by
Page 40 of 40 of By-law No. 71-19 (Office Consolidation - June 2025)
Appendix "A"
Cross Connection Control Program
Authorized Functions List
Item
Function
Professiona
l Engineer
with
Tester's
License
Certified
Engineerin
g
Technologi
st with
Tester's
License 1
Licensed
Master
Plumber with
Contractor's
and with
Tester's
License
Journeyma
n Plumber
or Pipe-
Fitter with
Tester's
License 2
Apprentice
Plumber or
Pipe Fitter
with Tester's
License
3
Licensed
Halton Staff
with Tester's
License 4
Fire
System
Sprinkler
Fitter with
Tester's
License
Lawn
Irrigation
System
Installer with
Tester's
License
A
Perform Cross-
Connection
Survey
X
X
X
X
B
Install relocate or replace
a backflow prevention
device
X
X
X
C
Repair of backflow
prevention device4
X
X
X
X
X
D
Test backflow prevention
device5
X
X
X
X
X
X
X
X
E
Items A, B, C and D
above in relation to fire
protection systems
X
X
X
X
X
X
F
Items B, C and D above
in relation to lawn
sprinkler systems
X
X
X
X
X
X
l. Required to be under the direction of a professional engineer
2. Required to be employed by a licensed plumbing contractor.
3. Required to be employed by a licensed plumbing contractor and under direct supervision of a joumeyman plumber or a
master plumber.
4. Water Distribution Operator or In-house maintenance staff is permitted to perform repairs, if they have a tester's
licence.
5. Anyone with a tester's licence as per CAN/CSA-864-10, as amended, is permitted.