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THE CITY OF VAUGHAN
BY-LAW
WATER
(Consolidated Version - Enacted as By-law 024-2024)
Last consolidated on February 7, 2025. City of Vaughan
by-laws are provided online for convenient public
reference. By-laws are consolidated on an ongoing
basis, but recent amendments may not be reflected in
the latest consolidated version. Check the Amendment
History to get a complete listing of all pertinent
regulations. For further information contact the Office of
the Director and Chief Licensing Officer.
A By-law to regulate private connections to the City of Vaughan's Water
Distribution System, to establish an effective method to measure and charge for
water consumption, to conserve water, to prohibit practices and other actions that
put the integrity of the Water Distribution System at risk, and to establish a system
of recourse and penalties for the purposes of enforcing the by-law, and to repeal
By-law 106-2022.
WHEREAS The Corporation of the City of Vaughan is a local municipality within the
Regional Municipality of York, in the Province of Ontario;
AND WHEREAS the City of Vaughan operates a water distribution system within the
municipality boundaries;
AND WHEREAS section 11 of the Safe Drinking Water Act, 2002, S.O. 2002, c.32 (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;
AND WHEREAS the City of Vaughan's Quality Management System Policy ("QMS")
states: As the owner and operators of the City of Vaughan's water distribution system we
are committed to:
-
providing safe drinking water to our residents and businesses
-
complying with applicable legislation and regulations as related to the provision of
safe drinking water
-
implementing and continually improving the effectiveness
of our Quality
Management System
AND WHEREAS section 11(3) of Municipal Act, 2001, S.O. 2001, c. 25, as amended,
2
(the "Municipal Act") authorizes a municipality to pass by-laws respecting matters
concerning public utilities;
AND WHEREAS section 78(1) of the Municipal Act authorizes a municipality to enter
on highways to install, construct and maintain works for the distribution of water
without consent;
AND WHEREAS section 80(1) of the Municipal Act authorizes a municipality to enter on
land served by a public utility to inspect, install, repair, alter or disconnect equipment and
other works used to supply the public utility;
AND WHEREAS section 80(2) of the Municipal Act authorizes a municipality to shut off
or reduce the supply of a public utility for purposes set out in section 80(1);
AND WHEREAS section 80(3) of the Municipal Act authorizes a municipality to enter on
land served by a public utility for the purposes of discontinuing of the utility, removing any
property of the municipality's, or determining whether the public utility has been or is being
unlawfully used;
AND WHEREAS section 81(1) of the Municipal Act provides that a municipality may shut
off the supply of a public utility if fees or charges owing are overdue;
AND WHEREAS section 81(4) of the Municipal Act provides that a municipality may
recover all fees and charges payable despite shutting off the supply of the public utility;
AND WHEREAS section 83 of the Municipal Act provides that a municipality may, as a
condition of supplying or continuing to supply a public utility, require security be given for
the payment of fees and charges for the supply of the public utility or for extending the
public utility;
AND WHEREAS section 91(4) of the Municipal Act prohibits the interference with a public
utility without the municipality's consent or a court order;
AND WHEREAS section 91(9) of the Municipal Act authorizes a municipality to enter
upon any land to repair and maintain its public utilities;
AND WHEREAS section 93(1) of the Municipal Act provides that no person shall
construct, maintain or operate a water public utility without first obtaining the consent of
the municipality;
AND WHEREAS section 391(1) of the Municipal Act provides that a municipality may
pass by-laws imposing fees or charges on persons for services or activities provided or
done by or on behalf of it, for costs payable by it for services or activities provided or done
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by or on behalf of it, and for the use of its property including property under its control;
AND WHEREAS section 398(1) of the Municipal Act provides that fees and charges
imposed by a municipality on a person constitute a debt of the person to the municipality;
AND WHEREAS section 398(2) of the Municipal Act provides that a municipality may add
fees and charges to the tax roll of the property to which the public utility is supplied and
collect them in the same manner as municipal taxes;
AND WHEREAS section 429(1) of the Municipal Act provides that a municipality may
establish a system of fines for a by-law passed under the Act;
AND WHEREAS section 436(1) of the Municipal Act provides that a municipality may
pass by-laws providing for the entry onto lands at any reasonable time for the purpose of
carrying out an inspection to determine compliance with a by-law;
AND WHEREAS section 446 of the Municipal Act provides that a municipality may
proceed to do things at a person's expense which that person is otherwise required
to do under a by-law but has failed to do and the costs incurred by a municipality may
be recovered by adding the costs to the tax roll and collecting them in the same manner
as taxes;
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS
FOLLOWS:
Table of Contents
1.0
Authority and Short Title ........................................................................................... 4
2.0
Applicability and Scope ............................................................................................. 4
3.0 Definition and Interpretation ..................................................................................... 5
4.0 Private Water Services ............................................................................................... 9
5.0 New or Altered Water Service Connections ............................................................. 9
6.0 Water Meters............................................................................................................. 10
7.0 Rights of Entry.......................................................................................................... 12
8.0
Water User Rate ....................................................................................................... 12
9.0 Fire Hydrants ............................................................................................................ 13
10.0 Water Conservation ................................................................................................. 14
4
11.0 Shutting Off and Turning On the Water Supply ..................................................... 16
12.0 Discontinued Services ............................................................................................. 17
13.0 General ...................................................................................................................... 17
14.0 Offences .................................................................................................................... 18
15.0 Fines .......................................................................................................................... 19
16.0 Administrative Monetary Penalties ......................................................................... 19
17.0 Special Fine .............................................................................................................. 20
18.0
Powers of Entry, Inspection and Enforcement ...................................................... 20
19.0
Service ...................................................................................................................... 21
20.0 Recovery of Costs .................................................................................................... 21
21.0 Limitation .................................................................................................................. 21
22.0 Severability ............................................................................................................... 21
22.1 Transition .................................................................................................................. 21
23.0 Repeal and Amendment of Other By-laws .............................................................. 21
24.0 Force and Effect ....................................................................................................... 22
1.0
Authority and Short Title
(1)
This By-law shall be known and may be cited as the "Water By-law".
2.0
Applicability and Scope
(1)
The provisions of this By-law apply to all Properties within the City or to any Water
Distribution Systems that originate within the City.
(2)
No Person shall perform the following activities without a permit or approval from
the City:
(a)
create a new or Altered Water Service Connection, as per Part 5.0;
(b)
create a new water supply, as per section 8.0(2);
(c)
perform a fire hydrant flow test, as per section 9.0(1);
(d)
discontinue services, as per section 12.0(1);
(e)
demolition permit, as per section 12.0(2);
(f)
enter into any Chamber, structure or building associated with the Water
Distribution System, as per section 13.0(3);
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(g)
operate any valve, fire hydrant or Appurtenance that is connected to the
Water Distribution System, as per section 13.0(4);
(h)
perform any kind of tap to the Water Distribution System, as per section
13.0(5); and/or
(i)
make any Alteration to the Water Distribution System, as per section 13.0(6).
3.0 Definition and Interpretation
(1)
In this By-law and attached Schedule, unless the context otherwise requires, words
imparting the singular number shall include the plural, and words imparting the
masculine gender shall include the feminine and further, the converse of the
foregoing also applies where the context requires. (Deleted and replaced by
Section 1. of By-law 252-2024 on December 17, 2024.)
(2)
Wherever a word is used in this By-law with its first letter capitalized and the whole
word italicized, the term is being used as it is defined in 3.0(3) of this By-law. Where
any word appears in ordinary case, the commonly applied English language
meaning is intended.
(3)
For the purposes of this By-law:
"Adverse Effect" has the same meaning as in the Environmental Protection Act,
R.S.O. 1990, c. E.19, or in its successor regulation, and includes one or more of
the following:
(a)
impairment of the quality of the natural environment for any use that can be
made of it;
(b)
injury or damage to Property or to plant or animal life;
(c)
harm or material discomfort to any Person;
(d)
an Adverse Effect on the health of any Person;
(e)
impairment of the safety of any Person;
(f)
rendering any Property or plant or animal life unfit for human use;
(g)
loss of enjoyment of normal use of Property; and
(h)
interference with the normal conduct of business.
"Alter" and "Alteration" includes adding, modifying, replacing, repairing, extending
or removing;
"Application" means making a formal request under this By-law;
"Appurtenance" includes a valve, fire hydrant, hydrant lead, Flow Meter, curb stop,
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maintenance access point, personnel access opening or other minor accessory
part of the Water Distribution System;
"Auxiliary Water Supply" means any Water supply on or available to the premises
other than the Water Service Connection provided by the City's Water Distribution
System;
"Backflow" means the flowing back or reversal of the normal direction of flow;
"Backflow By-law" means City's Backflow By-law 177-2020, as amended, or
its successor by-law;
"Backflow Preventer" means a device, as defined by the Ontario Building Code,
that prevents Backflow to the Municipal Drinking-Water System;
"Business Day" means any day in which normal business is conducted and
generally considered to be Monday through Friday from 8:30am to 4:30pm local
time, and excludes weekends and public holidays;
"Bypass" means Plumbing that is installed around a Water Meter for the purpose
of allowing the water to flow to the Property without passing through the Water
Meter;
"Chamber" means an underground enclosure that houses Appurtenances;
"City" means the Corporation of the City of Vaughan and its designated
representatives;
"City Boulevard" means the City owned portions of land adjacent to the front, rear
and side lot areas of vacant land, occupied or unoccupied institutional, industrial,
commercial and Residential buildings and occupied dwellings excluding the paved
portion of a highway;
"Construction Water" means water used onsite during construction for a City-
approved project;
"Council" means the Council of the Corporation of the City of Vaughan;
"Director of Environmental Services" means the City's Director of Environmental
Services or his or her designate;
"Fees and Charges By-law" means the City's Fees and Charges By-law, being
By-law 224-2023, as amended or replaced; (Added by section 2. of By-law 252-
2024 on December 17, 2024.)
"Fixture" means a piece of equipment or material that is fixed in position;
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"Fire Hydrant Meter" means a non-permanent meter that is designed to measure
water from fire hydrants;
"Fire Protection System" means a system intended to prevent fires from occurring
or spreading, and may include fire suppression tools, sprinklers, smoke detectors,
and other fire protection equipment;
"Flow Meter" means a device used to measure the flow rate or quantity of water
moving through a pipe;
"MOECC" means Ontario Ministry of the Environment and Climate Change;
"Municipal Drinking-Water System" has the same meaning as in the Safe Drinking
Water Act, 2002, S.O. 2002, c. 32, or its successor regulation, which includes a
drinking-water system or part of a drinking-water system:
(a)
that is owned by a municipality or by a municipal service board established
under section 195 of the Municipal Act, 2001;
(b)
that is owned by a corporation established under section 203 of the
Municipal Act, 2001;
(c)
from which a municipality obtains or will obtain water under the terms of a
contract between the municipality and the Owner of the system; or
(d)
that is in a prescribed class defined within the Act;
"Municipal Law Enforcement Officer" means a Person appointed or employed by
the City as a Municipal Law Enforcement Officer under the Police Services Act,
R.S.O. 1990, c.P.15, as amended;
"Occupant" means any Person or Persons over the age of eighteen years in
possession of the Property;
"Owner" means the Person for the time being managing or receiving the rent of the
land or premises in connection with which the word is used, whether on his own
account or as agent or trustee of any other Person, or who would so receive the
rent if such premises were let, and shall also include a lessee or Occupant of the
Property who, under the terms of lease, is required to repair and maintain the
Property in accordance with the Standards for the maintenance and occupancy of
Property;
"Person" means an individual, partnership, association, firm or corporation,
8
business entity or club, incorporated group or organization, federal or provincial,
crown agents, school boards and regional municipalities, to whom the context can
apply in accordance with the Interpretation Act of Ontario, as amended, but
specifically excludes the City and agents acting on behalf of the City;
"Private Plumbing" includes the pipes, Appurtenances, Fixtures and any related
accessories situated beyond the Water Meter and located on or throughout the
Property, which are used for the purposes of supplying the Property with water
from the Watermain;
"Private Water Service" includes the pipes, Appurtenances, Fixtures, and related
accessories situated from the Property line to the Water Meter, which are used for
the purpose of supplying a Property with water from the Watermain,
"Property" or "Properties" includes a house, building, structure, land, lot or any part
of a house, building, structure, land or lot within the City which receives water
supplied by the City;
"Public Water Service" includes the pipes, Appurtenances, Fixtures and related
accessories situated from the Watermain to the Property line, which are used for
the purpose of supplying a Property with water from the Watermain;
"Remote Read Out Unit" means any device which is used to record or transmit, or
both, the water consumption reading of a Water Meter and may be installed at a
separate location from the Water Meter;
"Residence" means a Property that is used for Residential Use;
"Residential Use" or "Residential" means the use of lands, buildings or structures
for human habitation;
"Stop and Waste Cock" means a valve that has a drain plug in the valve and shuts
off the flow of water;
"Water Meter" includes all equipment installed under the provisions of this By-law
for the purpose of measuring the water supplied by the City to a Property;
"Water Distribution System" includes all pipes, Appurtenances, Fixtures, and
related accessories, used to supply water from the Watermain to the Water Meter,
which includes the Private Water Service, Public Water Service and the
Watermain;
"Water Service Connection" means that part of the waterworks, consisting of pipes,
9
fittings and Appurtenances which supplies Water to a Property, and which is
located between the City Watermain and the street line or between the City
Watermain and the boundary line between a City easement or other City land
containing the Watermain and private land;
"Watermain" means the principal pipe in a system of pipes used to convey water
throughout the City;
"York Region" means the Corporation of the Regional Municipality of York.
4.0 Private Water Services
(1)
All Private Water Services and Private Plumbing shall be installed by, and be the
responsibility of, the Owner of the Property for which such service is required. The
Private Water Service shall be buried a minimum of 1.5 meters (4.9 feet) below the
finished surface of the ground and shall be protected from frost in all locations.
There shall be a Stop and Waste Cock installed immediately prior to the installation
of the Water Meter and no other connection shall be made to the Private Water
Service.
(2)
The Owner of the Property shall maintain the Private Water Service and Private
Plumbing in proper order and repair, free from freezing and free from leaks at their
own expense.
(3)
The use of water for purposes of air conditioning, refrigeration or cooling, other
than for Residences, shall not be permitted unless the water is recirculated
internally beyond the Water Meter.
(4)
There shall be no connection between the Water Distribution System and any
cisterns, wells, privies, privy vaults, cesspools, private pressure pumps,
geothermal systems or Auxiliary Water Supply.
(5)
Every Owner shall install a Backflow Preventer, as required by the Backflow
By-law.
5.0 New or Altered Water Service Connections
(1)
No Person shall connect to the Water Distribution System or change or Alter an
existing Water Service Connection to the Water Distribution System without the
approval of the City.
(2)
No Owner or Occupant shall make or permit a connection to the Water Distribution
System or change or Alter or permit the change or Alteration of an existing
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connection to the Water Distribution System Without the approval of the City.
6.0 Water Meters
(1)
All water supplied to a Property shall pass through a Water Meter and the rates
charged for such water shall be those reflected within Schedule "A" of this By- law.
(2)
Despite section 6.0(1), Construction Water supplied to a Property may not require
a Water Meter if specified in an agreement with the City.
(3)
Every Person shall make all Water Meters accessible for repairs, maintenance,
change outs and readings upon request.
(4)
No Person shall obstruct the Remote Read Out Unit such that it cannot be
accessible for testing, repairs, maintenance, change outs and readings.
(5)
An Application shall be submitted by the Owner to the City to request a Water
Meter.
(6)
All Properties that have submitted a request for a Water Meter are responsible for
having the necessary Private Plumbing for the installation of the Water Meter prior
to pick up of the Water Meter. Plumbing Not Ready (PNR) shall be subject to
service charges as set out in the Fees and Charges By-law. (Deleted and replaced
by section 3. of By-law 252-2024 on December 17, 2024.)
(7)
Owners shall:
(a)
install the Water Meter, with the meter wire between the Water Meter and
the remote, within seven (7) days of receiving it or after the connection
commissioning process has been completed; and
(b)
notify the City of Water Meter installation within forty-eight (48) hours of the
installation.
(8)
The Water Meter shall be supplied by the City and paid for by the Owner as per
the Fees and Charges By-law. (Deleted and replaced by section 4. of By-law 252-
2024 on December 17, 2024.)
(9)
Water Meters shall be placed in such locations as the City determines.
(10)
Where a Water Meter cannot be placed in an easily accessible location inside a
building, it shall be placed in a Meter Chamber. The location and construction of
the Meter Chamber shall be approved by the City via an Application and the cost
of such construction shall be paid for by the applicant.
(11)
The Water Meter will continue to be owned by the City even after it is installed on
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the Property.
(12)
No Person shall use or permit the use of water that has not passed through a Water
Meter.
(13)
Section 6.0(12) does not apply to Water supplied for explicit use in a Fire Protection
System.
(14)
No Person shall use Water supplied to a Fire Protection System except for the use
in an emergency to extinguish a fire.
(15)
All Water Meters with a service connection less than 50mm (2") in diameter shall
be supplied and installed by the City or an agent authorized by the City. All Water
Meters with a service connection of 50mm (2") or more in diameter shall be
supplied by the City, installed by a certified plumber and shall be sealed by the
City.
(16)
No Person shall install or permit the installation of a Bypass unless authorized by
the City and the Bypass is valved and locked properly.
(17)
No Person shall operate the Bypass valve or tamper with the seal unless
authorized by the City.
(18)
Owners are responsible for the costs of repairing and/or replacing a Water Meter
if the City deems the damage to the Water Meter as being a result of the
carelessness of the Owner or Occupant.
(19)
If a Water Meter fails to register, the Owner will be charged for the estimated
average consumption for the pertinent period as determined by the City on the
basis of prior consumption records.
(20)
The Owner will be charged for all water passing through the Water Meter, whether
used or wasted.
(21)
In the event of a consumption dispute, a Water Meter may be removed and tested
by the City at the request of the Owner or Occupant. If the Water Meter is found to
register at 101.5% or less of the bench tested volume, the expense of removing
and testing the Water Meter shall be paid by the Owner as per the Fees and
Charges By-law. (Deleted and replaced by section 5. of By-law 252-2024 on
December 17, 2024.)
(22)
Despite sections 6.0(19) to 6.0(21), the City may consider a one- time billing
adjustment in accordance with the Accidental Water Leak Adjustment Policy.
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(23)
Despite sections 6.0(19) to 6.0(21), the Director of Environmental Services may,
upon Application from the Owner, review and reduce the charges when a Water
Meter fails to register.
(24)
The Owner of the Property shall be held responsible for all water charges.
(25)
No Person shall open, Alter, seal or tamper with a Water Meter, or do anything that
may interfere with the proper registration of the quantity of water passing through
the Water Meter or the quantity of water that ought to pass through a Water Meter.
(26)
No Person shall connect or permit the connection of anything to any Water
Distribution System unless it is connected to Private Plumbing after it has passed
through the Water Meter.
(27)
Pursuant to this By-law, the testing, flow rates and procedures used to determine
Water Meter (all types and sizes) accuracy will be in accordance with the current
American Water Works Association Standards.
(28)
An Owner, upon written Application to the City, on the prescribed form, may make
a request to have the Water Meter at their Property tested by the City to determine
if the Water Meter is over-registering. The Owner shall pay to the City as set out in
the Fees and Charges By-law, for such testing. (Deleted and replaced by section
6. of By-law 252-2024 on December 17, 2024.)
7.0 Rights of Entry
(1)
The City may enter upon a Property:
(a)
to inspect, repair, Alter or disconnect the service pipe or wire, machinery,
equipment and other works used to supply water;
(b)
to read, inspect, install, repair, replace, maintain or Alter a Water Meter or
a Remote Readout Unit;
(c)
to inspect a Backflow prevention device;
(d)
to shut off or reduce the supply of water; or
(e)
for any other purpose as authorized under the Municipal Act or other
relevant legislation.
(2)
No Person shall deny or obstruct the City's, or its agents', access to the Water
Distribution System or any part thereof.
8.0
Water User Rate
(1)
No Property shall obtain water from the City without the Owner or Occupant paying
13
the applicable charge, fees or rates for that water listed in the Fees and Charges By-
law. (Deleted and replaced by section 7. of By-law 252-2024 on December 17, 2024.)
(2)
No Application for water supply for a Property shall be approved by the City until
all outstanding charges have been paid in full.
(3)
Any amounts owing to the City shall be added to the tax roll of the Property and
collected in the same manner as taxes.
(4)
The water rates charged by the City shall be those set out in the Fees and Charges
By-law. (Deleted and replaced by section 8. of By-law 252-2024 on December 17,
2024.)
(5)
All overdue accounts shall be subject to fees and interest rates as set out in the
Fees and Charges By-law. (Deleted and replaced by section 9. of By-law 252-2024
on December 17, 2024.)
9.0 Fire Hydrants
(1)
Flow Tests:
(a)
a Person may submit a request and make an appointment with the City to
conduct a fire hydrant flow test to determine the characteristics of the local
Water Distribution System. Tests will be conducted between April 1 to
October 31, weather permitting;
(b)
a fire hydrant flow test shall be conducted by an authorized City agent with
the assistance of an MOECC Certified Drinking Water Operator, employed
by the City to operate the fire hydrant;
(c)
a Person requesting a fire hydrant flow test shall pay for the test in advance
of the test and in the amount specified in the Fees and Charges By-law;
(Deleted and replaced by section 10. of By-law 252-2024 on December 17,
2024.)
(d)
the results of the fire hydrant flow test shall be submitted to the City,
including the date, time, location and duration of the fire hydrant flow test.
(2)
Obstructions:
(a)
Owners shall ensure that all fire hydrants within their Property or adjacent
City Boulevard:
(i)
are clearly visible;
(ii)
are free of any obstructions within a one-meter radius, including
14
snow and ice; and,
(iii)
have an unobstructed path from the roadway.
(b)
if an Owner fails to comply with subsection 9.0(2)(a), the City may issue a
notice requiring the Owner to comply. Upon failure to comply with the notice,
the City may remove the obstruction at the expense of the Owner.
(3)
Rentals:
(a)
no Person shall use or permit the use of any fire hydrant for the supply of
water without an approved Application to rent a Fire Hydrant Meter;
(b)
a Person may submit an Application to the City for a temporary supply of
water from a fire hydrant, using a Fire Hydrant Meter, issued by the City;
(c)
for purposes of subsection 9.0(3)(a), fire hydrants and Fire Hydrant Meters
can be rented between March 31 to October 31, weather permitting and will
be retrieved by the City no later than October 31;
(d)
the applicant shall pay for the Fire Hydrant Meter rental, as per the Fees
and Charges By-law; (Deleted and replaced by section11. of By-law 252-
2024 on December 17, 2024.)
(e)
if the Fire Hydrant Meter does not have a built-in double check valve, one
shall be provided by the applicant prior to the Fire Hydrant Meter installation
that is satisfactory to the City;
(f)
any damage to City Property resulting from a Fire Hydrant Meter rental shall
be fully reimbursed by the applicant to the City.
10.0 Water Conservation
(1)
Subject to sections 10.0(2) and 10.0(3), the use of municipally supplied water for
the purpose of outdoor watering of lawns or grass, trees, shrubs or gardens by
hose, sprinkler device, pipe or other form of irrigation is prohibited at all times
between May 15 and September 30 inclusive of each of those dates in every year,
except as provided hereunder:
(a)
Owners or Occupants of a Residence with an even numbered address shall
be permitted to water only between the hours of 6:00 a.m. and 9:00 a.m. or
6:00 p.m. and 9:00 p.m. on any even numbered day of the month;
(b)
Owners or Occupants of a Residence with an odd numbered address shall
be permitted to water only between the hours of 6:00 a.m. and 9:00 a.m. or
15
6:00 p.m. and 9:00 p.m. on any odd numbered day of the month;
(c)
Owners or Occupants of commercial, industrial or institutional Properties
shall also be required to comply with the provisions of subsections
10.0(1)(a) and 10.0(1)(b), except such Owners or Occupants shall be
permitted to water only between the hours of 12:00 a.m. and 7:00 a.m. to a
maximum of three (3) hours on any permitted day of the month.
(2)
Section 10.0(1) shall not apply to prevent Owners or Occupants of land from
watering newly laid sod for a period of one (1) month after the date of laying or
installation or from watering newly planted plants, shrubs or trees on the day of installation
and for the next twenty-four (24) hours.
(3)
Notwithstanding section 10.0(1), in the event that York Region gives notice to the
City that a reduction in water use is necessary, the following staged restrictions
shall apply:
(a)
Advisory - Stage 1
Owners and Occupants of a Property are requested to voluntarily refrain
from engaging in or taking any of the following actions or activities:
(i)
using a hose, sprinkler device, pipe or irrigation system to water
lawns at any time;
(ii)
using a hose or pressure washing device to wash exterior building
surfaces, including windows, parking lots, driveways or sidewalks;
(iii)
using decorative fountains which do not use recirculated water;
(iv)
using a hose or other device to water trees, shrubs and gardens,
except by using a handheld container;
(v)
washing a vehicle, boat or other recreational vehicle; or
(vi)
filling existing Residential swimming pools, wading pools or hot- tubs;
(b)
Outdoor Water Use Ban - Stage 2
Owners and Occupants of a Property shall not engage in or take any of the
following actions or activities:
(i)
using a hose, sprinkler device, pipe or irrigation system to water
lawns at any time;
(ii)
using a hose or pressure washing device to wash exterior building
surfaces, including windows, parking lots, driveways or sidewalks;
16
(iii)
using decorative fountains which do not use recirculated water;
(iv)
using a hose or other device to water trees, shrubs and gardens,
except by using a hand-held container;
(v)
washing a vehicle, boat or other recreational vehicle; or
(vi)
filling existing Residential swimming pools, wading pools or hot- tubs.
(4)
The provisions related to in subsection 10.0(3)(b), also referred to as a Stage 2
(Outdoor Water Use Ban), do not apply to the following enterprises, activities, uses
or things:
(a)
nurseries;
(b)
newly laid sod for a period of one (1) month after the date of laying or
installation;
(c)
newly-planted plants, shrubs and trees on the day of installation and for the
next twenty-four (24) hours;
(d)
watering of sports/playing fields where failure to water would result in
permanent loss of grass or plant materials or result in unsafe field
conditions;
(e)
washing of exterior building surfaces, including windows, parking lots,
driveways or sidewalks, prior to the Application of a product, such as paint
or sealant, or the preparation of a surface, such as prior to paving or re-
pointing of bricks, or if required by law to comply with Health and Safety
Regulations;
(f)
commercial car washes or car dealerships;
(g)
municipal water play areas and swimming pools; or
(h)
any other uses similar to those listed in paragraphs (a) to (g) of this section,
as may be approved from time to time in writing by the City.
11.0 Shutting Off and Turning On the Water Supply
(1)
In the case of making repairs or constructing new work in connection with the
Water Distribution System, the City may turn off the water to any Property subject
to notice to the Owner, and keep it shut off as long as may be necessary.
(2)
In the event of an emergency, the City may shut off the water prior to providing
notice to the Owner.
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(3)
No Person shall turn the water supply to a Property on or off.
(4)
Any Owner or Occupant requiring the water supply to be turned on, off or both shall
be responsible for paying the service charges to do so as set out in Schedule "A"
of this By-law and shall contact the City no less than two (2) Business Days in
advance of the date the water is to be turned on or off.
(5)
The City will not be responsible for any damages or expenses resulting from
turning on or shutting off the water supply to any Property whatsoever.
12.0 Discontinued Services
(1)
Any Owner wishing to discontinue the use of water supplied by the City must give
notice thereof to the City or its agent and pay the applicable fee as set out in
Schedule "A" of this By-law.
(2)
No Person shall request a demolition permit without first having paid the applicable
disconnection fee set out in the Fees and Charges By-law. (Deleted and replaced
by section 12. of By-law 252-2024 on December 17, 2024.)
13.0 General
(1)
No Person shall do, cause or permit the following:
(a)
make an opening into;
(b)
Alter;
(c)
remove;
(d)
damage;
(e)
deface;
(f)
tamper with;
(i)
any part of the Water Distribution System, or any seal placed
thereon, or attached thereto;
(ii)
any permanent or temporary device installed in or on the Water
Distribution System for the purposes of flow measuring, sampling,
testing, contamination prevention or other purpose that the City may
deem necessary for the administration of this By-law or the operation
or maintenance of the Water Distribution System.
(2)
any Person who contravenes section 13.0(1):
(a)
shall be liable for any damages arising out of such contravention(s); and
(b)
may have water to the Property turned off until such damages are paid, all
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provisions of this By-law are complied with, and the sum referred to in the
Fees and Charges By-law is paid to the City to cover the cost of turning the
water off and on. (Deleted and replaced by section 13. of By-law 252-2024
on December 17, 2024.)
(3)
Unless specifically authorized by the City, no Person shall enter into any Chamber,
structure or building associated with the Water Distribution System.
(4)
No Person, unless formally authorized by the City, shall operate any valve, fire
hydrant or Appurtenance that is connected to the Water Distribution System.
(5)
No Person shall perform any kind of tap to the Water Distribution System, unless
formally authorized by the City to do so and witnessed by an MOECC certified
water distribution operator employed by the City.
(6)
No Person shall make any Alteration to the Water Distribution System unless the
necessary forms under the Safe Drinking Water Act are completed and signed by
the Owner and the City.
(7)
Any Person who has an Adverse Effect on or constitutes a danger to the Municipal
Drinking Water System shall be liable for all costs associated with related work
undertaken by the City or its agents. Such costs may include, but are not limited
to, the cost of investigation, disinfection, repairing or replacing any part of the
system, to restore the Municipal Drinking Water System.
14.0 Offences
(1)
Every Person who contravenes any provision of this By-law is guilty of an offence.
(2)
If there is a contravention of any provision of this By-law, and the contravention
has not been corrected, the contravention of the provision shall be deemed to be
a continuing offence for each day or part of a day that the contravention remains
uncorrected.
(3)
If an order has been issued under this By-law, and the order is not complied with,
the contravention of the order shall be deemed to be a continuing offence for each
day or part of day that the order is not complied with.
(4)
For the purposes of this By-law, "multiple offences" means an offence in respect
of two or more acts or omissions each of which separately constitutes an offence
and is a contravention of the same provision of this By-law.
(5)
For the purposes of this By-law, an offence is a second or subsequent offence if
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the act giving rise to the offence occurred after a conviction had been entered at
an earlier date for the same offence.
15.0 Fines
(1)
Every Person who is guilty of an offence under this By-law shall be subject to the
following penalties:
(a)
upon a first conviction, to a fine not more than $25,000.00;
(b)
upon a second or subsequent conviction for the same offence, to a fine not
more than $50,000.00;
(c)
upon conviction for a continuing offence, to a fine of not more than
$10,000.00 for each day or part of day that the offence continues and the
total of all daily fines for the offence shall not be limited to $100,000.00.
(2)
Where a Person convicted of an offence under this By-law is a corporation, then
the corporation is liable,
(a)
upon a first conviction, to a fine not more than $50,000.00;
(b)
upon a second or subsequent conviction for the same offence, to a fine not
more than $100,000.00;
(c)
upon conviction for a continuing offence, to a fine of not more than
$10,000.00 for each day or part of day that the offence continues and the
total of all daily fines for the offence shall not be limited to $100,000.00.
16.0 Administrative Monetary Penalties
(1)
Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P.33
for a breach of any provisions of this By-law, a Municipal Law Enforcement Officer
may issue an administrative monetary penalty to the Person who has contravened
this By-law.
(2)
If a Person is required to pay an administrative monetary penalty under section
16.0(1), no charge shall be laid against that same Person for the same violation.
(3)
The amount of the administrative monetary penalty for a breach under this By-law
is listed in Schedule "A". (Deleted and replaced by section 14. of By-law 252-2024
on December 17, 2024.)
(4)
A Person who is issued an administrative monetary penalty shall be subject to the
procedures provided for in the Administrative Monetary Penalties By-law.
(5)
An administrative monetary penalty imposed on a Person that becomes a debt to
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the City under the Administrative Monetary Penalties By-law may be added to the
municipal tax roll and collected in the same manner as municipal taxes.
17.0 Special Fine
(1) In addition to any other penalties under Part 15.0, or a combination of the foregoing,
every Person who gains an economic advantage or economic gain from
contravening this By-law shall be liable to a special fine in an amount equal to the
fair market value of the economic advantage or economic gain so obtained from
contravention.
18.0
Powers of Entry, Inspection and Enforcement
(1)
The City may enter on a Property at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
(a)
any provision of this By-law; or
(b)
an order issued under this By-law.
(2)
The City's power of entry may be exercised by the City, an agent of the City, or by
a member or agent of the York Regional Police Service.
(3)
Where an inspection is conducted by the City, the City representative conducting
the inspection may:
(a)
require the production for inspection of documents or things relevant to the
inspection;
(b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)
require information from any Person concerning a matter related to the
inspection including their name, address, phone number and identification;
and
(d)
alone or in conjunction with a representative possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
(4)
No Person shall refuse or neglect to give, produce or deliver any access,
information, document or other thing that is requested by a Municipal Law
Enforcement Officer carrying out an inspection.
(5)
No Person shall hinder or obstruct or attempt to hinder or obstruct the City or its
21
agents from carrying out any powers or duties under this By-law or as permitted
under the Municipal Act.
19.0
Service
(1)
A notice or order shall be served personally or by registered mail sent to the last
known address of the Person to whom notice is to be given or that Person's agent
for service.
(2)
A notice or order served by Registered Mail shall be deemed to have been served
on the 5th day after the date of mailing.
20.0 Recovery of Costs
(1) Where the City, or its agent, has performed the work required to bring the Property
into compliance with the by-law, all expenses incurred by the City in doing so, as
any related fees, shall be deemed to be a debt to the City and may be added to the
tax roll for the Property and collected in the same manner as taxes.
21.0 Limitation
(1) Nothing in this By-law shall be construed as to limit or allow anything, which by the
provisions of any applicable act, regulation or by-law, is otherwise prohibited.
22.0 Severability
(1) Notwithstanding any section or sections of this By-law, or any parts thereof, may be
found by a court of competent jurisdiction to be invalid or beyond the power of the
Council to enact, such section or sections or part or parts thereof shall be deemed
to be severable, and all other sections of this By-law, or parts thereof, are separate
and independent therefrom and shall continue to be enforceable.
22.1 Transition
(1) Notwithstanding the repeal of by-law 106-2022, that by-law shall continue to apply
to any acts, omissions, or occurrences, and to any offences that took place prior
to this By-law coming into effect.
23.0 Repeal and Amendment of Other By-laws
(1)
Schedule "A" shall form part of this By-law. (Deleted and replaced by section 15. of
By-law 252-2024 on December 17, 2024.)
(2)
Schedule 1 of the Administrative Monetary Penalties By-law is hereby amended by
including this By-law as a Designated By-law.
(3)
By-law 106-2022 is hereby repealed.
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24.0 Force and Effect
(1)
This By-law shall come into force and effect upon its effective date.
Voted in favour by City of Vaughan Council this 21st day of February, 2024.
Steven Del Duca, Mayor
Todd Coles, City Clerk
Authorized by Item No. 10 of Report No. 5 of the Committee of the Whole.
Report adopted by Vaughan City Council on February 21, 2024.
City Council voted in favour of this by-law on February 21, 2024.
Approved by Mayoral Decision MDC 002-2024 dated February 21, 2024.
Effective Date of By-Law: February 21, 2024
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SCHEDULE "A"
Offences and Corresponding Administrative Monetary Penalties
Section
Description
AMPS Fine
Amount
4.0(1)
Private Water Services or Private Plumbing not installed/ properly
installed
$150
4.0(2)
Private Water Services or Private Plumbing not in proper order or
repair
$150
4.0(3)
Improper use of water for air conditioning, refrigeration or cooling
$150
4.0(4)
Prohibited connection to Water Distribution System
$375
4.0(5)
Backflow Preventer not installed as per Backflow By-law
$150
5.0(1)
Connection to the Water Distribution System or change or Alteration to
an existing connection to the Water Distribution System without City
approval
$375
5.0(2)
Owner or Occupant made or permitted a connection to the Water
Distribution System or changed or Altered or permitted the change or
Alteration of an existing connection to the Water Distribution System
without the approval of the City
$375
6.0(1)
Water does not pass through a Water Meter
$375
6.0(2)
Construction Water not used in accordance with agreement with the
City
$375
6.0(3)
Failure to make Water Meter accessible for repairs, maintenance,
change outs and readings upon request
$150
6.0(4)
Obstruction of the Remote Read Out Unit
$150
6.0(6)
Private Plumbing for the installation of the Water Meter not ready prior
to pick up of the Water Meter
$150
6.0(7)(a)
Failure to install the Water Meter within seven (7) days of receiving it or
after the connection commissioning process has been completed
$150
6.0(7)(b)
Failure to notify the City of Water Meter installation within 48 hours of
the installation
$150
6.0(9)
Water Meters not placed in location determined by City
$375
6.0(10)
Water Meter not be placed in an easily accessible location inside a
building
$150
6.0(14)
Use of Water supplied to a Fire Protection System other than for the
use in an emergency to extinguish a fire
$150
6.0(15)
Improper Water Service Connection
$375
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Section
Description
AMPS Fine
Amount
6.0(16)
Prohibited Bypass installation or Bypass not valved and locked properly
$375
6.0(17)
Operation of the Bypass valve not authorized by the City
$150
6.0(18)
Opening, Altering, sealing or tampering with a Water Meter, or
interfering with the proper registration of the quantity of water passing
through the Water Meter or the quantity of water that ought to pass
through a Water Meter.
$375
6.0(26)
Connection or permitting the connection of something to any Water
Distribution System that is not connected to Private Plumbing after it
has passed through the Water Meter
$375
7.0(2)
Obstruction of the City's agents' access to the Water Distribution
System
$150
8.0(1)
Obtaining water from the City without paying the fees or rates in
Schedule "A"
$150
9.0(2)(a)
Obstruction of fire hydrant
$375
9.0(3)
Use of fire hydrant without approved rental
$375
10.0(1)
Use of municipally supplied water for the purpose of outdoor watering
of lawns or grass, trees, shrubs or gardens by hose, sprinkler device,
pipe or other form of irrigation at prohibited times
$150
10.0(3)
Use of water not in compliance with York Region's direction
$150
11.0(3)
Turning off of the water supply to a Property
$375
13.0(1)
Doing, causing or permitting the making of an opening into, Altering,
removing, damaging, defacing or tampering with the Water Distribution
System
$375
13.0(3)
Entering into any Chamber, structure or building associated with the
Water Distribution System without authorization
$375
13.0(6)
Alteration to the Water Distribution System without authorization
$375
(Deleted and replaced by section 16. of By-law 252-2024 on December 17, 2024.)
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AMENDMENT HISTORY
WATER BY-LAW
DATE
(YYYY/MM/DD)
BY-LAW
AUTHORITY
CONSOLIDATED
2024/12/17
252-2024
Item 1, Special Committee of
the Whole (Budget), Report No.
43