This is the exact embedded text of the captured official document.
Snapshot 01c3c2ab1893 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
THE CORPORATION OF THE TOWN OF SHELBURNE
BY-LAW NO. 69-2023
Shelburne Water and Wastewater (Sewer) By-law
WHEREAS Section 9 of the Municipal Act, 2001, R.S.O. 2001, S.O. 2001, as amended
("the Municipal Act, 2001"), provides that a municipality has the capacity, rights, powers
and privileges of a natural person for the purpose of exercising its authority under the
Act;
AND WHEREAS Section 10 of the Municipal Act, 2001, provides that Sections 8 and 11
shall be interpreted broadly so as to confer broad authority on municipalities to (a)
enable municipalities to govern their affairs as they consider appropriate and, (b)
enhance their ability to respond to municipal issues;
AND WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, provides that a
single-tier municipality may pass By-laws respecting matters within the spheres of
jurisdiction set out therein including, inter alia, public utilities;
AND WHEREAS Section 80 (1) of the Municipal Act, 2001, S.O. 2001, provides that a
municipality may enter onto 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 Section 81 (1) of the Municipal Act, 2001, S.O. 2001, provides that a
municipality may shut off the supply of a public utility to land if fees and charges payable
by the owners or occupants of the land for the supply of the public utility are overdue,
subject to the municipality providing reasonable notice of the proposed shut off to the
owner and/or occupants of the land by personal service or prepaid mail or posting a
notice on the land in a conspicuous place;
AND WHEREAS Ontario Regulation 581/06 provides that fees or charges imposed for
the supply of water and the use of a sewage system under the Act and added to the tax
roll under Subsection 398(2) of the Act have priority lien status as described in Section
1 of the Act;.
AND WHEREAS Section 11 and Section 19 of the Safe Drinking Water Act, requires
every owner and operator 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;
THEREFORE, the Municipal Council of The Corporation of the Town of Shelburne
enacts as follows:
BY-LAW INDEX
Part 1
DEFINITIONS
1.1
Definitions
2
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
Part 2
APPLICATION for WATER and SEWER SERVICE
2.1
Application and payment prior to installation
2.2
Installation - payment required
2.3
Disconnection of service - payment
Part 3
WATER and SEWER RATES and CHARGES
3.1
Application for water supply
3.2.
Water measured by meters
3.3.
Meter reading and billing
3.4.
Owner Responsibility
3.5.
Late payment charge and overdue notice
3.6.
Notice of disconnection
3.7.
Non-payment - water shut off - lien
3.8.
Reconnection - charge
3.9.
Temporary removal and reinstallation of meter - charge
3.10. Minimum monthly charge - Who payable by
3.11 Non-Metered Accounts
3.12. Service Installation Fee
3.13. Temporary water supply - application and charge
3.14. Temporary Water Supply - Developer Construction
Part 4
Security Deposits
4.1
Deposit is security for payment
4.2
Deposit for poor payment history
Part 5
OPERATIONS OF WATER AND SEWER SYSTEM
5.1
Conditions on water supply
5.2.
Authority for water supply
5.3.
Unauthorized operation of fire hydrants - offence
5.4.
Unauthorized operation or interference - offence
5.5.
Use of water from hydrants
5.6.
Improper use of water from fire service - offence
Part 6
WATER and SERVICE PIPES
6.1.
Installation - by Town - by contractor
6.2.
Installation - to Town specifications - Ont. Build. Code requirements
6.3
Connection to main - Private Lands
6.4.
Connection to main - prior application
6.5.
Installation - alteration - approval by Town
6.6.
Installation inspection by Town
6.7.
Installation - access for inspection
6.8.
Disconnection of service
6.9.
Maintenance of service stub - Town
3
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
6.10. Maintenance of service extension and private main - owner
6.11. Operation of shut-off valve
6.12. Access to shut-off valves
6.13. Responsibility for protection, water loss, damage
6.14. Responsibility - vacant and unheated premises
6.15. Responsibility - water damage
6.16. Responsibility for frozen pipes - Town - owner
6.17. Responsibility for hydrant maintenance
6.18. Renewal of service - Town - owner
6.19. Access - removal - inspection - fittings
Part 7
WATER METERS
7.1.
Water to be metered - remedy for violation
7.2.
Supply - installation - ownership - replacement
7.3.
Installation - maintenance - repair - access
7.4.
Notice required - access
7.5.
No shut off - reasonable effort - gain access
7.6.
Restoration of water supply - as soon as practicable
7.7.
Meters - maintenance and repair
7.8.
Every building metered - Town's discretion
7.9.
Installation to Town Specifications
7.10. Meter location - Town to consent to change
7.11. Private meters - owner responsible
7.12. Reading meter - access
7.13. Valve maintenance - responsibility of owner
7.14. Leaks must be reported
7.15. Interference with meter not permitted
7.16. Owner responsible to repair piping
7.17. Non-functioning meter - amount of water estimated
7.18. Meter reading supersedes remote device reading
Part 8
USE OF WATER EXTERNALLY
8.1.
Regulations-use of water-June, July, and August
Part 9
PROHIBITIONS
9.1.
Prohibitions under this by-law
Part 10
ENFORCEMENT
10.1. Fine - for contravention
10.2. Continuation - repetition - prohibited - by order
10.3. Offence -additional - damage to waterworks
10.4. Offence - additional -willful damage
10.5. Offence - additional -injuring waterworks
4
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
Part 11
PREVIOUS BY-LAWS REPEALED
11.1. Repeal - previous by-laws
Part 12
EFFECTIVE DATE
12.1. Effective Date
Part 1
DEFINITIONS
1.1
Definitions
In this by-law:
Building - defined
"building" shall mean a structure supplied with water by the Town of Shelburne.
Bulk water user - defined
"bulk water user" shall mean any customer who draws water from a pipe located at the
Town's Bulk Water Stations
Contractor - defined
"contractor" shall mean a person, partnership, or corporation who contracts to undertake
the execution of work commissioned by the owner or the Town to install or maintain
mains, service mains, services, hydrants and other appurtenances.
Customer - defined
"customer" shall mean any person who enters into a verbal or written contract with the
Town to take water from the Town or to receive water related services from the Town.
The customer is defined as the property owner of the lands and may involve one or
more units.
Developer - defined
"developer" shall mean the owner or party specifically named in a Development
Agreement or in a Subdivision Agreement.
Dwelling Unit - defined
"Dwelling Unit" shall mean having one or more habitable rooms, occupied or capable of
being occupied as an independent and separate housekeeping establishment, in which
separate kitchen and sanitary facilities are provided for the exclusive use of the
occupants. Each dwelling unit shall have separate entrance and a parking space
External use of water - defined
"external use of water" shall mean the use of water for any purpose outside the walls of
any building located at a municipal address.
Main - defined
"main" shall mean every water pipe, except services and portions of private mains as
herein defined, installed on the public road allowance or on any other land upon which
the Town has obtained easements.
Meter - defined
"meter" shall mean the water meter supplied and owned by the Town to measure the
quantity of water used by the customer.
Meter pit - defined
"meter pit" shall mean any exterior chamber or pit approved by the Town for the
purpose of containing a water meter.
5
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
Multi Family or Bulk Meter - defined
"Multi-family meter" or "bulk meter" means a meter through which water is supplied to
duplexes, triplexes, four-plexes, townhouses, apartments with multiple dwelling units,
multiple commercial businesses, or any combination thereof will have a per unit base
charge.
Municipal Address - defined
"municipal address" shall mean a building or buildings identified by a number upon the
date of the passing of this by-law or subsequently pursuant to a by-law or a designation
by the Chief Building Official or Town Planner.
Occupant - defined
"occupant" shall include any lessee, tenant, owner, the agent of a lessee, tenant or
owner, or any person in possession of a premises.
Owner - defined
"owner" shall include any person or any firm or corporation that is the registered owner
of the property under consideration or any agent thereof, a person entitled to a limited
estate in land, a trustee in whom land is vested, a committee of the estate of a mentally
incompetent person, an executor, an administrator and a guardian.
Plumbing System - defined
"plumbing system" shall mean the system of connected piping, fittings, valves,
equipment, fixtures, and appurtenances contained in plumbing that begins, is located,
and is connected immediately after the meter.
Potable Water - defined
"potable water" shall mean water that is fit for human consumption.
Premises - defined
"premises" shall mean any house, tenement, building, lot, or part of a lot, or both, in,
through, or past which water service pipes run.
Private Main - defined
"private main" shall mean a pipe connected to a main and installed on private property
and from which more than one service and/or hydrant lateral are connected.
Remote Read-Out Unit - defined
"remote read-out unit" shall mean a device installed at a separate location from the
water meter and used to record the consumption reading of the meter.
Residential - defined
"residential" means a single detached residence, semi-detached, and/or individually
metered town home, including homes with an accessory apartment or home occupation
which is not served by a separate water meter.
Service Extension - defined
"service extension" shall mean the portion of a water service pipe from the property line
to the meter location, or for a fire service to the inside of the exterior wall of a structure,
i.e.. an extension of a service stub.
Service Stub - defined
"service stub" shall mean the portion of a water service pipe from a main to the property
line which will always include one control valve.
Sewer - defined
"sewer" means a municipal sewer for the collection and transmission of domestic,
residential, commercial, institutional, and industrial sewage or any combination thereof,
and it excludes storm sewers.
Sewer Collection System - defined
"sewer collection system" may be used to refer to sewers.
6
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
Sewer Service Pipe - defined
"sewer service pipe" means the pipe and fittings that convey sewer from the inside of an
exterior wall of a structure to the sewer collection system.
Sewer Works - defined
"sewer works" means the municipal system for the collection, transmission treatment or
disposal of sewage and contaminated water, including a combined sewer, sanitary
sewer or storm sewer, or any part of such system.
Shut-Off Valve - defined
"shut-off valve" shall mean the valve on the water service or private main owned and
used by the Town to shut off or turn on the water supply from the Town's waterworks
distribution system to any premises.
Single detached residence - defined
"single detached residence" shall mean a single dwelling which is freestanding,
separate and detached from other main buildings or main structures, including a split
level dwelling, but does not include a mobile home.
Subdivider - defined
"subdivider" shall mean the owner or party specifically named in a Subdivision
Agreement.
Town - defined
"Town" shall mean The Corporation of the Town of Shelburne.
Unit - defined
"unit" shall mean a full self-contained dwelling unit or in the case of commercial,
industrial, or institutional establishments, full self-contained units, each with a separate
external access.
Wastewater - defined
"wastewater" see Sewer definition
Water - defined
"water" shall mean potable water supplied by the Town.
Water Distribution System - defined
"water distribution system" shall mean mains with connections to feeder mains, feeder
mains within subdivision lands, private mains, services, fire hydrants, and shut-off
valves and all other appurtenances thereto.
Water Related Services - defined
"water related services" shall include but not be limited to those items set out in the
Town's current User Fees and Charges for Municipal Services By-Law.
Water service pipe - defined
"water service pipe" shall mean the pipe and fittings that convey potable water from a
connection on a main or private main to the meter location, or, for a fire service, to the
inside of the exterior wall of a structure.
Waterworks - defined
"waterworks" shall mean any works for the collection, production, treatment, storage,
supply and distribution of water, or any part of any such works, but does not include
plumbing to which the Building Code Act, 1997, or any amendments thereto apply.
Part 2
APPLICATION for WATER and SEWER SERVICE
2.1.
Application and payment prior to installation
The owner or their agent shall apply to the Town for water and/or sewer service in the
form set out attached as Schedule "A" and before the service is installed, shall pay for it
7
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
at the rates as set out in the Town's current User Fees and Charges for Municipal
Services By-law. This is over and above the payment of all other appropriate Town
Charges including Development Charges.
2. 2. Installation - payment required
The installation of the water service will not be scheduled or commenced in any way
until the application and payment have been received.
2.3.
Disconnection of service - payment
When a service must be disconnected at the main, the owner shall pay the charge
indicated in the Town's current User Fees and Charges for Municipal Services By-law
for disconnecting the use of a water service for water supply to a premise. A
disconnection at the main may also include removing all Town meters and is subject to
the cost provided by the Town's current User Fees and Charges for Municipal Services
By-law.
Part 3
WATER and SEWER RATES and CHARGES
3.1.
Application for water supply
Before the initial supply of water or any subsequent reconnection to any premises in the
Town, the owner shall make application for the same, and the owner shall be governed
by the requirements of this by-law.
3.2.
Water measured by meters
The water consumed on all premises in the Town shall be charged for as indicated by
the meter on each respective property at rates as set out in the attached Schedule "B".
3.3.
Meter reading and billing
Water meters may be read, and accounts be rendered monthly, bi-monthly or on any
other basis at the discretion of the Town. The bill shall be deemed to be served upon
the customer if it is delivered or sent by mail to the premises supplied or electronically
sent to the email address supplied by the homeowner. Any customer refusing to allow
the Town to enter the property to repair, install or calibrate a water meter, shall be
charged five time the water base rates, as set out in the Town's current User Fees and
Charges for Municipal Services By-law as amended from time to time, until access is
granted by the customer to the Town Representative.
3.4.
Owner Responsibility
It is the responsibility of the Owner of the premises to pay all bills for water/sewer use
on the due date. Not receiving the bill does not excuse the owner from penalty or
interest charges. Such charges have priority lien status and may be collected in
accordance with the Municipal Act, 2001, as amended or replaced, and will be added to
the tax roll against the property in respect of which the water/sewer service was
supplied.
3.5.
Late payment charge, overdue notice
When an account is not paid by the due date stated on the bill, a late payment charge
as indicated in the current Town's User Fees and Charges for Municipal Services By-
law, will be added monthly on the first day of default, to the billed amounts for non-
payment. On or after the first of the month following the due date a Statement of
Account will be mailed or emailed to all water and sewer accounts with past due
balances. The Statements will be sent to the mailing address or e-mail address
provided.
3.6.
Notice of disconnection
Fourteen days (14) after the Statement of Account is mailed or emailed, should the
account remain unpaid, the Town will send by mail or email, to the mailing
address/email address on file, a second notice to water and sewer accounts with ninety
8
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
(90) day arrears advising the customer that unless payment is received within seven
days (7), water service will be disconnected. A final notice of disconnection will be hand
delivered to the service address, affixed to a conspicuous place, quoting disconnection
date allowing for proof of payment of arrears via certified funds at Town Hall, or
acceptable payment arrangements made prior to this date.
3.7.
Non-payment - water shut off - lien
If the customer at any premises omits, neglects or refuses to pay any bill rendered,
whether for water service pipes, meter, service charge or any other monies to which the
Town may be entitled in respect of water services to such premises, the Town may, at
its discretion, shut off the water to the premises. Such charges have priority lien status
and may be collected in accordance with the Municipal Act, 2001, and may be added to
the tax roll against the property in respect of which the water service was supplied.
3.8.
Reconnection - charge
Where there has been a discontinuance of service as a result of non-payment, a
reconnection charge as indicated in Town's current User Fees and Charges for
Municipal Services By-law, will be levied against the delinquent account, in addition to
the applicable collection charge.
3.9.
Temporary removal & reinstallation of meter - charge
When the owner requests a temporary removal of the water meter from their premises,
for any reason, the meter removal and reinstallation charge, as set out in the Town's
current User Fees and Charges for Municipal Services By-law will be applied to their
account.
3.10. Minimum monthly charge - who payable by
The minimum monthly charge for providing and maintaining water supply to a property
is applicable to every water meter owned and read by the Town and to each additional
unit that shares the meter. In instances when the occupant of a premises vacates a unit,
the subsequent minimum monthly charges (Schedule B - monthly base charge by
meter size - Water/Sewer) shall continue to be charged to the owner of the premises.
3.11. Non-Metered Accounts
Where meter inspections or repairs have been refused by the customer or if the Town is
unable to reach the owner or tenant by all reasonable means, the monthly charge shall
be equivalent to five (5) times the base rate charge for the appropriate meter size as set
out in Schedule B
3.12. Service installation charge
All water and sewer service pipes, except those to lands being developed under a Town
development or subdivision agreement wherein the main is installed, may be installed
on an actual cost basis at the owner's expense.
3.13. Temporary water supply - application and charge
Via Water Tower Filling Station - Where a customer requires a temporary or bulk water
supply, such customer shall apply to the Town for a connection to the Water Tower
Filling Station. If the connection is approved and an agreement signed, the customer
shall pay, prior to connection, a deposit and a fee per cubic meter as per the current
User Fees and Charges for Municipal Services By-Law. Usage charges will be
deducted monthly from the initial deposit until depleted, at which time the deposit must
be replenished.
Via Fire Hydrant - Where a customer requires a temporary or bulk water supply, such
customer shall apply to the Town for a connection to a fire hydrant. If the connection is
approved and an agreement signed, the customer shall pay, prior to connection, a
deposit as per the current User Fees and Charges for Municipal Services By-Law. In
addition, usage charges will be 1.5 times the 2-inch base charge (for each connection)
plus water consumption as per Schedule B. Usage charges will be deducted monthly
from the initial deposit until depleted, at which time the deposit must be replenished.
9
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
3.14. Temporary Water Supply - Developer Construction
The consumer (developer) shall notify the Town as soon as it is practical for a water
meter to be installed, such as when plumbing has been inspected and passed. During
the time period when the water meter is installed until the closing date, no monthly base
rate charges shall apply until the property is occupied or sold to the new owner, unless
the developer is also the owner due to no sale of the property. Consumption charges
will apply (regardless of ownership) as soon as the meter has been installed, activated,
and signed off by Town Utilities staff.
Part 4
SECURITY DEPOSITS
4.1.
Deposit is security for payment
Whenever an application is made to the Town for a supply of water, the Town may, at
its discretion, before furnishing such supply, require the customer to make a deposit of
such sum of money it may consider advisable.
4.2.
Deposit for poor payment history
A security deposit may be charged to the customer's account in the event of NSF,
overdue notices issued over three times within a calendar year, or water disconnection
for non-payment, at the Town's discretion. The interest rate applied to the deposit shall
be at the Prime Business Rate as published on the Bank of Canada website less 2
percent, updated quarterly. Any interest accrued will be applied to the account on a
yearly basis.
Part 5
OPERATION OF WATERWORKS
5.1.
Conditions on water supply
The Town agrees to use reasonable diligence in providing a regular and uninterrupted
supply and quality of water, but does not guarantee a constant service or the
maintenance of unvaried pressure or quality or supply of water and is not liable for
damages to the customer caused by the breaking of any water service pipe or
attachment, or for shutting off of water to repair mains or to tap mains, if reasonable
notice of the intention to shut off the water is given.
5.2.
Authority for Water Supply
The Town in its own right shall have the sole responsibility, authority, power and
capacity to construct, maintain and operate all waterworks plant and equipment within
its boundaries serving the Town of Shelburne, to establish whether and the terms upon
which municipalities or persons outside the Town of Shelburne may be allowed to
connect to the said waterworks as consumers, and the rates to be charged for water
delivered to such consumers; and the Town shall have the sole responsibility, authority,
power and capacity to construct, maintain and operate all waterworks plant and
equipment in conjunction with these systems, to establish whether and the terms upon
which municipalities or persons outside the Town of Shelburne may be allowed to
connect to the said waterworks as consumers, and the rates to be charged for water
delivered to such consumers.
5.3.
Unauthorized operation of fire hydrants - offence
No person other than a person authorized by the Town for that purpose shall be
permitted to open or otherwise interfere with or operate or take water from any fire
hydrant.
5.4.
Unauthorized operation or interference - offence
No person other than a person authorized by the Town for that purpose shall open or
close a valve in the water works distribution system, or remove, tamper with or in any
10
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
way interfere with any valve, water meter, structure, watermain or water service in the
water works distribution system.
5.5.
Use of water from hydrants
Except for water used for firefighting, any other use of a Town's fire hydrant for water
supply must be approved by the Town. The method of application and payment shall be
according to section 3.13 of Part 3 of this by-law. The terms and conditions required for
granting the permit shall be at the discretion of the Town and may be changed from time
to time as the Town deems necessary.
5.6.
Improper use of water from fire service - offence
Any water supplied or made available for any land or building for purposes of protection
of property or persons from fire or for preventing fires or the spreading of fires shall not
be used for any other purpose.
Part 6
WATER and SERVICE PIPES
6.1.
Installation - by Town - by contractor
All water and sewer service pipes shall be installed by the Town or by Town authorized
contractors engaged by the owner for the purposes of such installation, except in new
land development projects where agreements with the Town require the developer or
subdivider to complete such work.
6.2.
Installation - to Town specifications - Ont. Build. Code requirements
All water and sewer service pipes and private mains located within Town property shall
be constructed according to the Town's standards or as approved by the Town from
time to time. All water service pipes and private mains located on private property
shall be constructed in accordance with the Ontario Building Code as revised from time
to time and in accordance with good engineering practices and shall be approved by
the chief Building Official. Every water service and sewer lateral shall be laid in a
straight line and at a right angle to a Main, as nearly as practicable.
A water service shall be installed to each unit of semi-detached houses, street
townhouses and street link houses, unless the Director of Development and Operations,
or designate, has approved an alternative form of connection. Where the Ontario
Building Code is silent the Town's specifications shall be applied and shall prevail
6.3.
Connection to main - Private lands
No water service to one owner's building shall be installed in, over or across the
property of another person or located on an easement on another person's property,
except by written consent, in the form of an easement agreement, of the persons
concerned and the approval of the Town. Alterations requiring repairs on private lands
will be the responsibility of the property owner.
6.4.
Connection to main - Prior application
The installation of the water and sewer service pipe connection will not be scheduled or
commenced in any way until the customer has met the requirements of this by-law.
6.5.
Installation - alteration - approval by Town
For any new water and sewer service pipe or private main installation, or alteration of
existing water service pipes or private mains, the owner must apply for approval from
the Town for such work as specified in the Town's standard contract documents and the
Town's specifications. No substitutes are allowed unless approved by Town Council.
6.6.
Installation inspection by Town
All water and sewer service pipes and appurtenances installed, including those required
by a Town Subdivision or Development Agreement, must be inspected by the Town as
specified in the Town's standard contract documents and the Town's specifications, the
11
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
charge for which inspection is as specified in the Town's current User Fees and
Charges for Municipal Services By-Law. Any substandard Water Service Connection
must be corrected by the Consumer, thirty days from the date of written notice provided
by the Town. No person shall back fill a water service connection until it has been
inspected and approved by the Town of Shelburne.
6.7.
Installation - access for inspection
The Town and persons authorized by the Town for inspection may be entitled, with
permission from owners, to enter any premises for the purposes of examining pipes,
connections and fixtures which are used in connection with the water and sewer service
pipe and/or service main. Notice requirements are required either in person or by
registered mail providing that there is no time sensitive circumstance associated with
this form of notice.
6.8.
Disconnection of service
The water service pipe shall be disconnected at the watermain, the watermain plugged,
and the curb box and rod removed at the owner's expense. All work must be inspected
by the Town of Shelburne, and the charge for such inspection is as specified in the
Town's current User Fees and Charges for Municipal Services By-Law.
6.9.
Maintenance of service stub - Town
The water and sewer service stub shall be maintained by the Town at the Town's
expense. Any maintenance on private lands will be the sole responsibility of the
property owner.
6.10. Maintenance of service extension and private main - owner
Any and all defects to the water service extension, private main and meter pits shall be
repaired by the owner of the property being serviced. Should the Town become aware
of any such defect, and upon written notification to the owner, the said defect is not
repaired, within seven (7) days of the date of the notification or within such time as the
Town may deem necessary, then the Town may turn off the water supply to the
property. If the Town is required to restore the water supply, then the Town may repair
the defective water service pipe and charge the cost to the owner and collect such cost
according to law, and until paid, such cost shall remain a lien on such property and may
also be collected in the like manner as taxes. The Town shall not be held responsible
for the cost of restoration.
6.11. Operation of shut-off valve
No person, other than persons authorized by the Town for that purpose shall be
permitted to operate the shut-off valve to any premises.
6.12. Access to shut-off valves
All shut-off valves shall always be left clear and accessible so that the water in the water
service pipe and private mains may be turned off or on as may be found necessary by
the Town.
6.13. Responsibility for protection, water loss, damage
All water service extensions to and including the meter shall be properly protected from
frost and any other damage at the expense and risk of the owner of the property being
serviced. The owner shall be responsible for the water loss occasioned by a leak in the
water service extension and/or private main and the charge for such water loss shall be
determined by the Town, shall be paid by the owner upon demand by the Town, and the
Town shall not be held responsible for any damages arising from such leakage.
6.14. Responsibility - vacant and unheated premises
When any premises are left vacant or without heat, it is the owner's responsibility to shut
off the water supply from within the premises and to drain the piping therein. The owner
or occupant may apply in writing to the Town to have the shut-off valve turned off to
stop water supply. The valve will be turned on only at the owner's request and in the
owner's presence. The owner shall pay for this service at the rate as set out in the
Town's current User Fees and Charges for Municipal Services By-law.
12
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
6.15. Responsibility - water damage
When any premises left vacant, unattended or without heat, where the water supply has
not been shut off, suffers damage to it and its contents from a leaking or burst water
pipe, the owner or the occupant shall have no claim against the Town. Should the Town
become aware of such leaking or burst pipes, the Town shall turn off the shut-off valve,
and the water supply shall not be turned on until the Town considers it advisable.
6.16. Responsibility for frozen pipes - Town - owner
Thawing out frozen water service stubs shall be the Town's responsibility. Thawing out
frozen service extensions and private mains shall be the owner's responsibility.
6.17. Responsibility for Hydrant Maintenance
Any hydrant situated within the road allowance is the property of the Town and shall be
maintained by it; Town-owned hydrants located on private property shall be maintained
by the Town. Hydrants owned and paid for by any persons other than the Town shall be
maintained by such persons through a written agreement with the Town.
6.18. Renewal of service - Town - owner
The Town shall renew service stubs on public property at its expense and to its
specifications when:
a. piping is deemed by the Town to be beyond repair;
b. the existing pipe material is lead and supplies a single detached residence
provided the owner is prepared to replace the service extension before the Town
replaces the service stub. Replacement piping shall conform to the specifications
of the Town. Replacement pipe shall be the same size as existing or the
minimum size for the area. If an owner requests a larger size, the owner shall
pay the difference in material cost.
6.19. Access - removal - inspection - fittings
Where a consumer discontinues the use of the water service, or the Town lawfully
refuses to continue any longer to supply it, the Town may, at all reasonable times, enter
the premises in or upon which the consumer was supplied with the water service, for the
purpose of disconnecting the supply of the water service or of making an inspection
from time to time to determine whether the water service has been or is being unlawfully
used or for the purpose of removing therefrom any fittings, machines, apparatus,
meters, pipes or other things being the property of the Town in or upon the premises,
and may remove the same therefrom, doing no unnecessary damage.
Part 7
WATER METERS
7.1.
Water to be metered - remedy for violation
All water used on premises within the Town of Shelburne, except water used for
firefighting purposes, or water authorized by the Town, for construction or other
purposes, shall pass through the meter supplied by the Town for use upon such
premises, and in addition to whatever other remedies the Town may have by law in
respect to infringement of this by-law, the Town may, upon ascertaining that water has
been used which has not passed through the meter of such premises, forthwith, without
notice, shut off and stop the supply of water.
7.2.
Supply - installation - ownership - replacement
The owner shall pay the water service charge as set out in the Town's current User
Fees and Charges for Municipal Services By-Law before the Town will supply the owner
with a meter and the meter must be installed prior to occupancy of the building. The
meter shall remain the exclusive property of the Town and may be removed as and
13
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
when the Town may see fit, upon the same being replaced by another meter, or for any
reason which the Town may, in its discretion, deem sufficient.
7.3.
Installation - maintenance - repair - access
The Town may shut off or restrict the supply of water to a property if the Town requires
access to the property to install, replace, repair or inspect a water meter. Any person
authorized by the Town for that purpose has free access, at all reasonable times, and
upon notice given as set out in section 7.4 of this by-law, to all parts of every building or
other premises to which any water service is supplied for the purpose of inspecting or
repairing, or of altering or disconnecting, within or without the building, or for placing
meters upon any water service pipe or connection within or without the building as
he/she considers expedient and for that purpose or for the purpose of protecting or
regulating the use of the meter, may set it or alter the position of it.
7.4.
Notice required - access
Before shutting off or restricting the supply of water, the Town shall,
a. by personal service or by registered mail, serve the owners and occupants of the
property as shown on the last returned assessment roll of the municipality with a
notice of the date upon which the Town intends to shut off or restrict the supply of
water, for repair purposes, if access to the property is not obtained before that
date;
b. ensure that a copy of the notice described in clause (a) is securely attached to
the property in a conspicuous place.
7.5.
No shut off - reasonable effort- gain access
The Town shall schedule a shut off or restrict the supply of water unless it has made
reasonable efforts to get access to the property and has been unable to get access
within fourteen (14) days after the later thereof, unless in a case of an emergency:
a. the day the last notice under part (a) of section 7.4 of this by-law was personally
served;
b. the day the last notice under part (a) of section 7.4 of this by-law was mailed; and
c. the day a copy of the notice was attached under part (b) of section 7.4 of this by-
law.
7.6.
Restoration of water supply - as soon as practicable
If the Town has shut off or restricted the supply of water under section 7.3 of this by-law,
the Town shall restore the supply of water as soon as practicable after obtaining access
to the property.
7.7.
Meters - maintenance and repair
The Town shall assume ownership and maintenance for all water meters installed to the
satisfaction of the Town. If a meter is mechanically defective, the cost of meter repairs
shall be borne by the Town. If the meter is damaged by freezing, the carelessness,
willful act, or neglect of any person other than an employee or agent of the Town, the
owner shall pay to the Town the cost of making a necessary repair or replacement to
such meter. All such costs may be paid directly to the Town, or if not so paid, added to
the water bill.
7.8.
Every building metered - Town discretion
Every separate building to which water is being supplied shall be furnished with a
separate water meter, supplied by the Town except where non-compliance is
acceptable to the Town. Additional water meters, supplied by the Town, may only be
installed at the discretion of the Town.
14
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
7.9.
Installation to Town Specifications
All water meters, supplied by the Town, shall be installed to conform to the
specifications of the Town.
7.10. Meter location - Town to consent to change
The location of a meter, when once installed to the specifications of the Town, shall not
be changed by any person except with the consent of the Town.
7.11. Private meters - owner responsible
The Town will not supply, install, inspect, or read private water meters, nor will the Town
bill consumption on private water meters. Water supply pipes to private meters must be
connected to the owner's plumbing after the Town's meter.
7.12. Reading meter - access
The Town and persons authorized by the Town for that purpose shall be allowed access
to the premises and be provided free and clear access to the meter where water is
being supplied at all reasonable times for the purpose of reading, at the discretion of the
Town. Where such access to the premises and/or free and clear access to a meter is
not provided by the occupant within fourteen (14) days upon written notification by the
Town, the Town may, at its discretion, shut off the supply of water to the premises until
such time as free and clear access to the water meter is provided.
7.13. Valve maintenance - responsibility of owner
The owner shall supply and install the inlet valve to the water meter where the water
meter is larger than 19 mm and the water service is 25 mm diameter or larger. The
owner shall be responsible for maintaining in good working order, the inlet valve to the
meter if the water meter is larger than 19 mm and the water service is 25 mm diameter
or larger and the outlet and bypass valves for all meters and shall ensure that such
valving is accessible.
7.14. Leaks must be reported
All owners and occupants shall immediately report to the Town any leaks that may
develop at the water meter or its couplings. The Town is not liable for damages caused
by such leaks.
7.15. Interference with meter not permitted
No person, except a person authorized by the Town for that purpose, shall open, or in
any way whatsoever tamper with any water meter, or with the seals placed thereon, or
do any manner of thing which may interfere with the proper registration of the quantity of
water passing through such meter, and should any person change, tamper with or
otherwise interfere, in any way whatsoever, with any water meter placed in any building,
the Town may forthwith, without any notice, shut off the water from such building or
premises, and the water shall not be again turned on to such building or premises
without the express consent of the Town.
7.16. Owner responsible to repair piping
If, in the opinion of the Town, the condition of the water service pipe and/or valves and
of the plumbing system is such that the meter cannot be safely removed for the purpose
of testing, replacing, repairing or testing in place without fear of damage to the water
service pipe and valves, the Town may require the owner or occupant to make such
repairs as may be deemed necessary to facilitate the removal or testing of the meter. If,
upon notification, the owner does not comply with the Town's request, then the water
supply to the property may be turned off at the shut-off valve during removal,
replacement, repair and testing of the meter and the Town shall not be held responsible
for any damages to the owner's property arising from such work.
7.17. Non-functioning meter - amount of water estimated
If, for any cause, any meter shall be found to not be working properly, then the amount
of water to be charged for shall be estimated by the Town on the average reading for
the previous months, when the meter was working properly, or, if unavailable or proven
15
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
inaccurate, the amount of water to be charged for shall be estimated on a daily average
when the meter was working properly, and the charge for the water for the period during
which the meter was not working properly shall be based thereon. The Town's estimate
shall be binding upon the Town, the owner, and the occupant.
7.18. Meter reading supersedes remote device reading
Where the water meter is equipped with a remote read-out unit of any type and a
discrepancy occurs between the reading at the register of the water meter itself and the
reading on the readout device, the reading at the meter shall be deemed to be correct,
and the Town will adjust and correct the customer's account accordingly.
PART 8
USE OF WATER EXTERNALLY
8.1.
Regulations - use of water - June, July, and August
For the purpose of limiting the consumption of water as necessary:
a. During the months of June, July and August, the external use of water is
permitted:
i.
on even calendar dates at only those municipal addresses ending
with numbers 0, 2, 4, 6, 8;
ii.
on odd calendar dates at only those municipal addresses ending
with numbers 1, 3, 5, 7, 9.
b. The Town is authorized to implement at any time during the year any other
regulation which he, in his discretion, considers advisable to limit the external use
of water and this authority includes the right to ban completely the external use of
water.
c. Notice of the implementation of a water use regulation by the Town and the
effective date thereof shall be given immediately in a manner determined by the
Town.
d. Upon the announcement of the implementation of a water use regulation by the
Town, no person shall use water except in accordance with the provisions of
such regulation.
Part 9
PROHIBITIONS
9.1.
Prohibitions under this by-law
No person shall:
a. willfully hinder or interrupt, or cause or procure to be hindered or interrupted, the
Corporation or any of its officers, contractors, agents, servants, or workers, in the
exercise of any of the power conferred by this by-law;
b. willfully let off or discharge water so that the water runs waste or useless out of
the works; being a customer, tenant, occupant or inmate of any house, building
or other place supplied with water from the waterworks, improperly waste the
water or, without the consent of the Town, lend, sell, or dispose of the water, give
it away, permit it to be taken or carried away, use or apply it to the use or benefit
16
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
of another, or to any use and benefit other than his own or increase the supply of
water agreed for;
c. without lawful authority willfully open or close any valve or hydrant, or obstruct
the free access to any hydrant, stopcock, valve, chamber, or pipe by placing on it
any building material, rubbish, or other obstruction;
d. throw or deposit any injurious or offensive matter into the water or waterworks, or
upon the ice if the water is frozen, or in any way foul the water or commit any
willful damage or injury to the works, pipes or water, or encourage the same to
be done;
e. willfully alter any meter placed upon any service pipe or connected therewith,
within or without any building or other place, so as to lessen or alter the amount
of water registered;
f. lay or cause to be laid any pipe or main to connect with any pipe or main of the
waterworks, or in any way obtain or use the water without the consent of the
corporation;
g. use water externally during the months of June, July, and August in any year
except in accordance with the regulations set out in Part 8 of this by-law; or
h. use water externally in contravention of the Town's regulation made pursuant to
section 8 of this by-law.
Part 10
ENFORCEMENT
10.1. Fine - for contravention
Every person that contravenes any of the provisions of this By-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Municipal Act, 2001, S.O.
2001 c 25, as amended and/or the Provincial Offences Act, R.S.O. 1990, c. P.33
10.2. Continuation - repetition - prohibited - by order
The court in which the conviction has been entered, and any court of competent
jurisdiction, thereafter, may make an order prohibiting the continuation or repetition of
the offence by the person convicted, and such order shall be in addition to any other
penalty imposed on the person convicted.
10.3. Offence - additional - damage to waterworks
Every person who, by act, default, neglect or omission occasions any loss, damage or
injury to any water public utility works, or to any waterworks plant, machinery, fitting or
appurtenance thereof is liable to the Town therefore.
10.4. Offence - additional - willful damage
Every person who willfully or maliciously damages or causes or knowingly suffers to be
damaged any water meter, lamp, lustre, water service pipe, conduit, wire, rod or water
fitting belonging to the Town or willfully impairs or knowingly suffers the same to be
altered or impaired, so that the water meter indicates less than the actual amount of the
water that passes through it, is guilty of an offence and on conviction is liable to a fine,
to the use of the Town, and for any expenses of repairing or replacing the water meter,
lamp, lustre, water service pipe, conduit, wire, rod or fitting and double the value of the
surplus water so consumed, all of which is recoverable under the Provincial Offences
Act.
10.5. Offence - additional - injuring waterworks
Every person who willfully removes, destroys, damages, fraudulently alters or in any
way injures any water service pipe, conduit, wire, rod, pedestal, post, plug, lamp or
17
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
other apparatus or thing belonging to the Town is guilty of an offence and on conviction
is liable to a fine, to the use of the Town, and is also liable for all damages occasioned
thereby, which are recoverable under the Provincial Offences Act.
Part 11
PREVIOUS BY-LAWS REPEALED
11.1. Repeal - previous by-laws
By-law #60-2020 of the Town of Shelburne, and all amendments thereto, are repealed
upon the coming into force of this by-law.
By-law #10-2020 of the Town of Shelburne, and all amendments thereto, are repealed
upon the coming into force of this by-law.
Part 12
EFFECTIVE DATE
12.1. Effective Date
This by-law comes into force and effect on January 1, 2024.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND ENACTED THIS 11 DAY
OF DECEMBER 2023
________________________________
Mayor
________________________________
Clerk
18
Water & Wastewater (Sewer) By-Law 69-2023
December 2023
SHELBURNE WATER AND SEWER BY-LAW SCHEDULE "A"
WATER AND SEWER SERVICE APPLICATION
Account #
TO BE FILLED OUT BY APPLICANT
Name of Applicant:
Billing Address of Applicant:
Contact:
Day
Evening
Email:
Municipal Address of Premises:
Commencement date of service:
Services Requested:
Water Sewer
TO BE FILLED OUT BY STAFF
Legal Name of Owner(s) (per assessment roll): Assessment Roll No.
APPLICANT ACKNOWLEDGEMENT
"Applicant" means the applicant or applicants jointly or severally. The applicant
represents that the above statements are true and acknowledges that the granting of
service is conditional on the truth of the statements. The applicant further acknowledges
that the provision of service is governed by this and other by-laws of the Town and
applicable legislation. Some of these provisions limit the liability of the Town. The
applicant acknowledges that deposits furnished bear no interest and that the deposits
will be applied to any unpaid accounts, service connection and administrative charges
and the applicant acknowledges service shall be disconnected upon non-payment of
regular billing charges and that service shall not be restored except upon payment of all
outstanding charges (including deposits where applicable).
Signature of Applicant(s) Date
Application Approved By
Date