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1
THE CITY OF VAUGHAN
BY-LAW
BACKFLOW PREVENTION
(Consolidated Version - Enacted as By-law 177-2020)
Last consolidated on December 15, 2022. City of Vaughan
by-laws are provided on line 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 backflow prevention and cross connections in the City of
Vaughan in order to protect the City's drinking water system from
contamination, and to repeal and replace By-law 004-2018.
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that the
City of Vaughan may pass By-laws relating to public utilities, including matters
affecting water distribution, and for the purposes related to health, safety and well-
being of persons;
AND WHEREAS section 398 of the Municipal Act, 2001 provides for fees and charges
imposed by a municipality on a person to constitute a debt of the person and for the
municipality to add such fees and charges to the tax roll and collect them in the same
manner as municipal taxes;
AND WHEREAS subsection 434.1(1) of the Municipal Act, 2001 provides for a
municipality to require a person, subject to such conditions as the municipality
considers appropriate, to pay an administrative penalty if the municipality is satisfied
that the person has failed to comply with a by-law of the municipality passed under the
Act;
AND WHEREAS sections 444 and 445 of the Municipal Act, 2001 provide for a
municipality to make an order to discontinue a contravening activity or correct a
contravention, with either order setting out particulars of the contravention and the date
by which compliance must be achieved;
AND WHEREAS subsection 11(1) of the Safe Drinking Water Act, 2002, S.O. 2002, c.
32, requires every owner of a municipal drinking water system to ensure that all water
provided by the system meets the requirements of drinking water quality standards
and that the drinking water system is operated in accordance with the Safe Drinking
Water Act, 2002;
AND WHEREAS section 19 of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32,
requires every person who oversees or has decision-making authority over a municipal
drinking water system to exercise the level of care diligence and skill that a reasonable
prudent person would be expected to exercise in a similar situation and act honestly
competently and with integrity with a view to ensuring the protection and safety of the
users of the municipal drinking water system;
AND WHEREAS O. Reg. 332/12, being the Ontario Building Code, Part 7 - Plumbing
requires potable water systems to be protected from contamination;
AND WHEREAS contamination of the City's drinking-water system can arise as a
result of a backflow incident from a private plumbing system that is attached to the
City's municipal drinking-water system and such contamination of the municipal
drinking-water system can have an adverse impact on the health, safety and well-
being of the users of the City's drinking water;
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AND WHEREAS the City seeks to put mechanisms in place so as to minimize the
potential or discharging of a contaminating substance into the municipal drinking-water
system;
NOW THEREFORE the Council of The Corporation of City of Vaughan enacts this By-
law to regulate backflow prevention within the City of Vaughan's Municipal Drinking
Water System:
Table of Contents
1. Short Title......................................................................................................2
2. Applicability and Scope...................................................................................2
3. Definitions and Interpretation..........................................................................2
4. Backflow Prevention.......................................................................................5
5. Temporary Water............................................................................................5
6. Owners' Responsibilities..........................................................................5
7. Persons Permitted...................................................................................6
8. Cross Connections Control Survey and Report...........................................6
9. Installation Requirements.........................................................................7
10. Auxiliary Water Supply...........................................................................7
11. Fire Service Isolation..............................................................................7
12. Testing Requirements............................................................................7
13. Corrective Actions..................................................................................8
14. Application of SCA Standard...................................................................8
15. Damage to Municipal Drinking Water System............................................8
16. Administration and Enforcement................................................................8
17. Administrative Monetary Penalties.........................................................10
18. Fines...................................................................................................10
19. Fees.....................................................................................................11
20. Implementation and Compliance............................................................11
21. General Provisions...............................................................................11
22. Designation of By-law.............................................................................11
23. Effective Date and Repeal of Prior By-law.................................................11
Schedule 'A' Authorized Function List..........................................................12
Schedule 'B' Premise Isolation Selection Guide .............................................13
Schedule 'C' Offences and Corresponding Administrative Monetary Penalties.16
1. Short Title
(1) This By-law shall be known and may be cited as the "Backflow Prevention By-law".
2. Applicability and Scope
(1) This By-law applies to Parcels of Land being supplied with Potable Water from the
City via a Service Connection or a Temporary Water Service Connection.
(2) Buildings of residential occupancies as described in Division A of the Ontario
Building Code are not required to be protected in respect of Premise Isolation
unless the City determines that a condition exists in any Building or Structure that
may be hazardous or detrimental to the Municipal Drinking Water System.
3. Definitions and Interpretation
(1) For the purposes of this By-law:
A. "Applicant" means a Person who applies for or requests a service;
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B. "Authorized Functions" means the functions listed on the Authorized Function
List, which must be carried out by a Qualified Person;
C. "Authorized Function List" means the list provided by the City that sets out
certain functions, as set out in Schedule 'A' of this By-law, which must be
performed by a Qualified Person and the qualifications that must be obtained
to be a Qualified Person;
D. "Auxiliary Water Supply" means any water supply, on or available to the
Property, other than the Potable Water that is supplied by the City;
E. "Backflow" means the flowing back or reversal of the normal direction of flow;
F. "Backflow Preventer" means a device, as defined by the Ontario Building
Code, that prevents Backflow to the Municipal Drinking Water System;
G. "Backflow Preventer Replacement Form" means a form prescribed by the
City, which shall record all work done by an Owner to remedy the deficiencies
identified either on the Cross Connection Control Survey Report or on the
Backflow Preventer Test and Inspection Reports for their Property;
H. "Backflow Prevention Program" means a program initiated by the City to
administer and regulate the selection, installation, testing and maintenance of
Backflow Preventers;
I.
"Backflow Preventer Test and Inspection Report" means a document,
prescribed by the City, of a Backflow Preventer, containing the make, model,
serial number, size, type, installation date, location and installation address,
the Qualified Person(s) who performed the test, and the test results;
J.
"Backflow Preventer Test Tag" means a tag, in a form satisfactory to the City,
which contains the address of Property, type of device, manufacturer, serial
number and size of the device, the test date, the Qualified Person printed
name, the Qualified Person Cross Connection Control Specialties certificate
number and the printed name of the Qualified Company;
K. "Building" shall have the same meaning as set out in the Building Code Act;
L. "Building Code Act" means the Ontario Building Code Act, 1992, S.O. 1992, c.
23;
M. "City" means the Corporation of the City of Vaughan, including its Municipal
Law Enforcement Officers and its designated representatives;
N. "Cross Connection" means any actual or potential connection between a
Potable Water System and any source of potential pollution or contamination;
O. "Cross Connection Control Specialist" means an individual who is recognized
as such, and who shall have completed and passed an Ontario Water Works
Association endorsed Cross Connection Control Specialist Course or
equivalent at an accredited school or college and shall have a current
certificate issued by the accrediting association;
P. "Cross Connection Control Survey Report" means a document, prescribed by
the City, to be completed by a Qualified Person as listed on the Authorized
Function List, which shall contain a description of all Cross Connections and
all identified existing method of protecting those Cross Connections and
corrective measure and recommendations;
Q. "CSA Standard" means the Canadian Standards Association
B64.10/B64.10.1 - Selection and installation of backflow
preventers/Maintenance and field testing of backflow preventers;
R. "Double Check Valve Assembly" means a Backflow Preventer that consists of
two force-loaded, independently acting check valves and two resilient-seated
shut-off valves located at each end and is fitted with resilient-seated test
ports;
S. "Drinking Water" means drinking water as defined in subsection 2(1) of the
Safe Drinking Water Act, 2002, S.O. 2002, c. 32;
T. "Dual Check Valve" means a Backflow Preventer that consists of two force-
loaded, soft-seated check valves in series with no relief port or test ports
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included;
U. "Emergency" means a situation or an impending situation that could
negatively affect the quality of Potable Water or constitutes danger to the
Municipal Drinking Water System;
V. "Fire Service Connection" means a pipe that is connected to the Municipal
Drinking Water System and that is located on a Property that conveys Potable
Water from the Municipal Drinking Water System to a Parcel of Land for
firefighting purposes;
W. "Information Request Form" means a document, prescribed by the City, which
includes details regarding the Owner of the Property and their primary contact
information, as well as information about any tenant(s) and business activities
occurring on the Property;
X. "Minor Hazard" means any type of Cross Connection or potential Cross
Connection that involves a substance that constitutes only a nuisance and
that results in reduction in only aesthetic qualities of the water as defined by
the CSA Standard;
Y. "Moderate Hazard" means any Minor Hazard connection that has a low
probability of becoming a Severe Hazard and includes, but is not limited to,
connections involving water where the aesthetic qualities of the water have
been reduced and, under certain conditions can create a danger to health as
defined by the CSA Standard;
Z. "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25;
AA. "Municipal Drinking Water System" means the drinking-water system as
defined by subsection 2(1) of the Safe Drinking Water Act, 2002, S.O. 2002,
c. 32;
BB. "Municipal Law Enforcement Officer" means an employee of the City that is
appointed to enforce the provisions of the City's By-laws;
CC. "Ontario Building Code" means Ontario Regulation 332/12 made under the
Building Code Act;
DD. "Owner" means a Person that has control over a Property and includes the
Owner registered on the title of the Property and any occupant of any Building
or Structure located on such Property;
EE. "Parcel of Land" means a lot or block within a registered plan of subdivision;
FF. "Person" means an individual, Owner, association, partnership, firm or
corporation, as applicable;
GG. "Potable Water" means water that is safe for human consumption and that
complies with section 10 of the Safe Drinking Water Act, 2002, S.O. 2002, c.
32;
HH. "Premise Isolation" means Backflow protection provided at the entrance to a
Building or Property;
II.
"Property" includes a house, Building, Structure, land, lot or any part of a
house, Building, Structure, land or lot within the City which receives Potable
Water supplied by the City;
JJ. "Qualified Company" means a company registered to the Backflow Prevention
Program and possessing all up-to-date required qualifications;
KK. "Qualified Person" means a Person with approved qualifications as set out in
the Authorized Function List and currently employed by a Qualified Company;
LL. "Qualified Company and Qualified Person Policy" means a policy, prepared
by the City, that the owner of a Qualified Company and all registered
Qualified Person(s) shall sign and abide by that states their roles and
responsibilities as well as outlining the disciplinary actions for violations of the
policy;
MM. "Reduced Pressure Principle Assembly" means a Backflow Preventer that
consists of a mechanically independently acting, hydraulically dependent
relief valve located in a chamber between two independent operating, force-
5
loaded check valves and two resilient-seated shut-off valves located at each
end and is fitted with resilient-seated test ports;
NN. "Service Connection" means the connection between the Municipal Drinking
Water System and a user's system;
OO. "Severe Hazard" means any type of Cross Connection or potential Cross
Connection involving water that has additives or substances that, under any
concentration, can create a danger to health, as defined by the CSA
Standard;
PP. "Structure" means anything that is erected which requires location on the
ground or attached to something having a location on the ground, but does
not include swimming pools constructed not more than 0.3 meters above
finished grade;
QQ. "Temporary Water Service Connection" means a metered connection to the
Municipal Drinking Water System created for the purpose of construction or
other temporary purpose and removed upon completion of the Structure or
purpose;
RR. "Water Meter" means all equipment installed for the purpose of measuring the
water supplied by the City;
SS. "Water Meter Application" means a form prescribed by the City to request a
Water Meter to be rented or purchased.
(2) In the event of a conflict between the provisions of this By-law and the provisions
of any other By-law, Act or regulation, the provisions that are the most restrictive
shall prevail.
(3) Where a court of competent jurisdiction declares any section or part of a section of
this By-law invalid, the remainder of this By-law shall continue to be in force
unless the court makes an order to the contrary.
(4) Any reference in this By-law to any statutes, regulations, By-laws, or association
standards shall be deemed to be a reference to such statutes, regulations By-
laws, or association standards as amended, restated or replaced.
4. BACKFLOW PREVENTION
(1) No Person shall directly or indirectly connect, permit, cause to be connected, or
allow to remain connected, any piping, fixture, fitting, container, appliance, or
equipment to the Municipal Drinking Water System, or any other connection which
may under any circumstance allow any substance other than Potable Water to
enter the Municipal Drinking Water System, except in compliance with the
provisions of this By-law.
(2) No Person shall directly or indirectly connect, permit, cause to be connected, or
allow to remain connected, a well to the Municipal Drinking Water System.
5. TEMPORARY WATER
(1) Any Person who requires a Temporary Water Service Connection shall:
A.
Submit a Water Meter Application to the City with the location of the
connection approved by the City;
B.
Supply, install, maintain and annually test, a Reduced Pressure Principle
Assembly in accordance with this By-law;
C.
Ensure the test administered on the Backflow Preventer is witnessed by City
staff prior to the water being turned on; and
D.
Not remove a Water Meter and/or Backflow Preventer without City approval.
6. OWNERS' RESPONSIBILITIES
(1) Within thirty (30) days of receiving a notice from the City requesting a completed
Information Request Form, every Owner of a Property shall complete and submit
said form to the City.
(2) Every Owner shall install a Backflow Preventer as required by the Building Code
Act for new Buildings, for each new water Service Connection, and when so
directed by the City.
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(3) At the Owner's expense, every Owner is required to apply and obtain a Building
Permit prior to the installation, replacement, relocation or removal of a Backflow
Preventer and when so directed by the City.
(4) Every Owner of Property shall ensure all Backflow Preventers are in proper
working order at all times.
(5) Upon receiving a Backflow Prevention Program notice from the City, every Owner
of a Property shall comply with the requirements set out therein.
(6) Every Owner shall ensure that all Authorized Functions are completed by a
Qualified Company that is qualified to complete such task as set out in the
Authorized Function List.
7. PERSONS PERMITTED
(1) No Person shall carry out any Authorized Functions unless he/she has the
necessary qualifications as set out in the Authorized Function List, and, if
applicable, subsection 7(3) below.
(2) No Person shall permit any other Person in its employ, or agent acting on its
behalf, to carry out any Authorized Functions said employee/agent has the
necessary qualifications as set out in the Authorized Function List, and, if
applicable, subsection 7(3) below.
(3) In addition to required qualifications listed in the Authorized Function List, those
permitted to perform the Cross Connection Control Survey Report or testing of
Backflow Preventer shall also have and submit proof of the following qualifications
in a form satisfactory to the City:
A.
Current and valid Certificate of Achievement in Cross Connection Control
endorsed by the Ontario Water Works Association, or other recognized
certification organization approved by the City, issued within five years prior
to the date of the Cross Connection Control Survey Report or Backflow
Preventer Test and Inspection Report;
B.
Current and valid documentation establishing his or her professional
qualifications, as set out in the Authorized Function List;
C.
Current calibration certificate for the test equipment issued within the twelve
(12) months prior to date of submission of a Backflow Preventer Test and
Inspection Report;
D.
Proof of Commercial General Insurance with minimum $2 million coverage;
E.
Adequate insurance requirements to perform the work; and
F.
Copy of current Backflow Preventer Test Tag.
(4) The owner of the Qualified Company and all employees who are registered as a
Qualified Person must read the Qualified Company and Qualified Person Policy,
as amended, and submit a signed copy of the policy acknowledgment form.
8. CROSS CONNECTION CONTROL SURVEY AND REPORT
(1) Within thirty (30) days of receiving a notice from the City requiring a Cross
Connection Control Survey Report, every Owner of a Property shall complete a
Cross Connection Control Survey Report and submit it to the City within fourteen
(14) days of the survey being conducted.
(2) In addition to the requirement in section 8(1), every Owner shall ensure a Cross
Connection Control Survey Report is completed and submitted to the City:
A.
Every five (5) years from the date of the first survey requested by the City;
B.
Upon change of ownership of the Property;
C.
Where a Property's hazard classification as set out in Schedule 'B', changes,
which results in a different type of Backflow Preventer being required;
D.
When a new Service Connection to the Municipal Drinking Water System is
made, and prior to making a request to the City to turn on the water valve;
and/or
E.
At the City's request.
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9. INSTALLATION REQUIREMENTS
(1) Except as otherwise set out in this By-law, every Owner shall ensure a Backflow
Preventer is installed in respect of Premise Isolation for each Structure or Building
to which Potable Water is delivered.
A.
Backflow Preventers installed in respect of Premise Isolation shall be
determined in accordance with Schedule 'B' of this By-law.
B.
Despite paragraph 9(1)(A) of this By-law, the City has final approval on the
selection of the Backflow Preventer to be installed.
(2) Where a Backflow Preventer is installed in respect of Premise Isolation such
device shall be located before the first branch line leading off the water supply line
and not more than three (3.0) metres downstream of the Water Meter, except
where circumstances require the device to be installed upstream of the Water
Meter and such location is to the satisfaction of the City.
(3) Backflow Preventers shall be installed by a Qualified Person in accordance with
good engineering and construction practices, manufacturers specifications and
meet the requirements of the Ontario Building Code and the CSA Standard.
(4) The Owner shall ensure that all Backflow Preventers are:
A.
Located and installed in a such a manner so that in the event of Backflow the
Backflow Preventer prevents contamination of the Municipal Drinking Water
System;
B.
Installed in readily accessible areas to facilitate inspection, field testing and
maintenance while complying with the minimum and maximum clearances
around the Backflow Preventer as outlined in the CSA Standard;
C.
Supported and restrained to prevent lateral movement; and
D.
Not bypassed.
(5) Where a Backflow Preventer is installed in areas subject to freezing, the Owner
shall ensure it is protected from freezing in a manner acceptable to the City.
(6) Where a Double Check Valve Assembly is installed underground, the Owner shall
ensure that all test ports are sealed water-tight.
(7) Where a Reduced Pressure Principle Assembly is installed, the Owner shall
ensure the atmospheric port is open to atmosphere and not directly connected to a
drain.
(8) All piping between the Water Meter and the Backflow Preventer is clearly and
permanently labelled "no connections permitted".
10. AUXILIARY WATER SUPPLY
(1) Buildings of residential occupancy that are exempt from this By-law and have
access to an Auxiliary Water Supply are required to be protected from Backflow
by a Dual Check Valve if the Auxiliary Water Supply is not connected to Potable
Water.
(2) No Person shall connect, cause or permit to be connected, or allow to remain
connected any Auxiliary Water Supply to the Municipal Drinking Water System
without the consent of the City.
11. FIRE SERVICE ISOLATION
(1) When notified by the City, Owners are required to install a Backflow Preventer in
respect to Premise Isolation of the Fire Service Connection.
(2) All Owners shall ensure that the Backflow Preventer is in accordance with the
Ontario Building Code, the Ontario Fire Code and the CSA Standard.
12. TESTING REQUIREMENTS
(1) Every Owner who has a Backflow Preventer installed on their Property shall
ensure that:
A.
Such device is tested when it is first installed and annually thereafter unless
a different timeframe is requested by the City, as well as when it is cleaned,
repaired, overhauled or relocated;
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B.
The completed Backflow Preventer Test and Inspection Report is submitted
to the City within fourteen (14) days of the test being conducted;
C.
A legibly marked Backflow Preventer Test Tag is affixed to the Backflow
Preventer; and
D.
When a new connection to the Municipal Drinking Water System is made, a
Qualified Person shall complete and submit a Backflow Preventer Test and
Inspection Report prior to the request for the turning on of the water valve by
the City.
(2) Every Qualified Person who tests a Backflow Preventer shall:
A.
Ensure that all testing is in accordance with this By-law and the CSA
Standard;
B.
Within fourteen (14) days of carrying out such test, provide a Backflow
Preventer Test and Inspection Report to the City and Owner;
C.
Upon completing such test, complete and affix a Backflow Preventer Test
Tag in a form satisfactory to the City;
D.
Upon finding that a Backflow Preventer is malfunctioning, or otherwise not in
proper working order, immediately notify the Owner, occupant of the
Property and the City of such condition; and
E.
Ensure that the Cross Connection Control Survey Report submitted to the
City does not contain inaccurate or false information.
13. CORRECTIVE ACTIONS
(1) Where required by the City, every Owner shall take corrective actions to remedy
the deficiencies that were identified on the Cross Connection Control Survey
Report for their Property. Such corrective actions shall take place within the
timeframe required by the City.
(2) Every Owner shall take corrective actions to remedy the deficiencies identified on
the Backflow Preventer Test and Inspection Report for their Property.
(3) When a Backflow Preventer is found to be malfunctioning or not in proper working
order, the Owner shall ensure all activities that may result in Backflow immediately
cease and repair the device immediately.
A.
If the device is unable to be repaired during the Backflow Preventer test, the
Owner shall ensure the device is repaired within three (3) business days of
the failed test.
(4) Where a Backflow Preventer is installed, no Person shall not remove, or cause, or
permit the removal of the Backflow Preventer or part thereof unless the removal
is:
A.
To facilitate the Emergency repair of the device and such device is replaced
immediately after such repair is carried out, or
B.
To replace the Backflow Preventer with another that meets or exceeds the
provisions of this By-law, or such removal is required to change Building
functions with written notification having been received by the City.
(5) Within fourteen (14) days of implementing corrective actions, the Owner shall
submit to the City the Backflow Preventer Replacement Form.
14. APPLICATION OF CSA STANDARD
(1) Except as otherwise set out in this By-law, the selection, installation,
maintenance, and testing of Backflow Preventer required pursuant to this By-law
shall be undertaken in accordance with the current CSA Standard.
15. DAMAGE TO MUNICIPAL DRINKING WATER SYSTEM
(1) Any Person who receives water from the Municipal Drinking Water System and
creates an illegal Cross Connection 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.
16. ADMINISTRATION AND ENFORCEMENT
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(1) Subject to the terms of the Municipal Act, 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.
The provisions of this By-law;
B.
A notice or order issued under this By-law; or
C.
An order of the court made pursuant to the Municipal Act.
(2) Where an inspection is conducted by the City, the Person conducting the
inspection may:
A.
Require the production for inspection of documents relevant to the inspection;
B.
Inspect and remove documents 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;
D.
Alone or in conjunction with a Person possessing special or expert
knowledge, make examination or take tests, samples or photographs
necessary for the purposes of the inspection; and
E.
Undertake an inspection pursuant to an order issued under section 438 of the
Municipal Act.
(3) Where the requirements of this By-law are not met or a condition exists on any
Property that may allow contamination of the Municipal Drinking Water System,
then the City may:
A.
Issue and serve an order to the Owner requiring compliance with the
requirements of this By-law and to eliminate the condition which may allow
contamination. Said order may prescribe the time period for compliance with
such order; the work required to be completed pursuant to the order may
include but is not limited to:
i.
An Information Request Form be completed and submitted to the City;
ii.
A Cross Connection Control Survey Report be completed and submitted
to the City;
iii.
A Backflow Preventer Test and Inspection Report be completed and
submitted to the City;
iv.
Taking corrective actions on deficiencies identified either on the Cross
Connection Control Survey Report or on the Backflow Preventer Device
Test and Inspection Report for the Property;
v.
A Backflow Preventer be tested annually;
vi.
A Backflow Preventer Test Tag be installed to a Backflow Preventer
Device;
vii. A Building Permit be applied for and obtained prior to installation,
relocation, replacement or removal of a Backflow Preventer; and
viii. Installation, repair, and/or replacement of a Backflow Preventer.
(4) If a condition exists on a Property which the City determines is a Minor Hazard or
Moderate Hazard to the Municipal Drinking Water System, the City may shut off
the water supply to the Property or any portion thereof until the condition is
eliminated to the satisfaction of the City, provided reasonable advance notice has
been provided to the Owner.
(5) If a condition exists on a Property which the City determines is an Emergency or a
Severe Hazard to the Municipal Drinking Water System, the City may immediately
and without notice shut off the water supply to the Property or any portion thereof
until the condition is eliminated to the satisfaction of the City.
(6) Wherever this By-law directs or requires any work to be done, in default of it being
done by the Person directed to do it, such work may be done by the City or its
agents at the expense of the Person and the City may recover all expenses
incurred in doing the work by action or by adding the costs to the tax roll and
collecting them in the same manner as taxes.
10
(7) In addition to any other provision of this By-law, the City may at any time issue an
order to an Owner to conduct tests, provide reports and undertake any other
measure required for the elimination of a Cross Connection and the prevention of
Backflow.
(8) No Person shall hinder, obstruct, or attempt to hinder or obstruct the City or other
Person so authorized who is performing a duty or exercising a power under this
By-law.
(9) No Person shall refuse or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the City carrying out an
inspection, except in accordance with the Municipal Act.
(10) No Person shall provide any false or misleading information to the City, it's agents
or contractors in the exercise of an activity, power or performance of a duty or
administrative function under this By-law, including but not limited to any
information provided or submitted on or with any application or in respect to any
inspection or enforcement of this By-law.
17. 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
subsection 17(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 'C'.
(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
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.
18. FINES
(1) Every Person who contravenes or fails to comply with any provision of this By-
law, including an order or notice issued under this By-law, is guilty of an offence.
(2) Every director or officer of a corporation who knowingly concurs in the
contravention of a provision of this By-law or fails to comply with a notice or order
made under this By-law is guilty of an offence.
(3) Every Person who is convicted of an offence under this By-law is liable to a fine
as provided for in section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33
(4) Every Person who contravenes any provision of this By-law is, upon conviction,
guilty of an offence and is liable:
A.
On a first conviction, for each day or part of a day on which the offence
occurs or continues, to a fine of not more than $10,000; and
B.
On any subsequent conviction, for each day or part of a day on which the
offence occurs or continues, to a fine of not more than $25,000.
(5) Despite subsection 17(4), where the Person convicted is a corporation:
A.
The maximum fine in paragraph 17(4)(A) is $50,000; and
B.
The maximum fine in paragraph 17(4)(B) is $100,000.
(6) Any Person who contravenes a notice or order made under this By-law, or an
officer or director of a corporation who knowingly concurs in such a contravention
by the corporation, is guilty of a continuing offence and upon conviction is liable to
a daily fine or penalty of a maximum of $10,000 for each day or part of a day that
the offence continues, and despite subsections 17(4) and 17(5), the total of all the
daily fines imposed for an offence is not limited by the fine amounts listed in those
subsections.
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(7) For purposes of this By-law, an offence is a second or subsequent offence if the
act giving rises to the offence occurred after a conviction had been entered at an
earlier date for the same offence.
19. FEES
(1) Any fees and administrative costs associated with this By-law are non-refundable
and are indicated in the City's Fees and Charges By-law.
20. IMPLEMENTATION AND COMPLIANCE
(1) Every Owner shall install a Backflow Preventer within the timeframe specified on
an order, but no later than ninety (90) calendar days.
21. GENERAL PROVISIONS
(1) Where a timeframe is set out in this By-law for carrying out any action, the City
may extend the time for compliance beyond the established timeframe provided
such extension is approved by the City in writing.
(2) The Authorized Function List and the CSA Standard shall form part of this By- law.
22. DESIGNATION OF BY-LAW
(1) Schedule 1 of the Administrative Monetary Penalties By-law is hereby amended
by including this By-law as a Designated By-law.
23. EFFECTIVE DATE & REPEAL OF PRIOR BY-LAW
(1) This By-law comes into force on the day it is passed.
(2) By-law 004-2018 is hereby repealed.
Enacted by City of Vaughan Council this 15th day of December, 2020.
___________________________
Hon. Maurizio Bevilacqua, Mayor
___________________________
Todd Coles, City Clerk
Authorized by Item No. 2 of Report No. 51
of the Committee of the Whole
Adopted by Vaughan City Council on
November 17, 2020.
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Schedule 'A' - Authorized Function List
SCHEDULE 'A'
AUTHORIZED FUNCTION LIST
Backflow Prevention By-law 177-2020
Professional
Engineer
with CCCS 1
Certified
Engineering
Technologist
with CCCS 2
JP Plumber
with CCCS 1
AP Plumber
with CCCS 3
JP Sprinkler &
Fire Protection
Installer with
CCCS 1
AP Fire &
Sprinkler
Installer with
CCCS 4
Water
Operator
with
CCCS 5
Irrigation
Installer
with
CCCS 1
Aut hor i z ed Fu nc t ion T o Co mplet e
Cross Connection
Control Survey
Cross Connection
Control Survey in
respect to fire
system
Install, relocate
and/or replace
Backflow Preventer
Install, relocate,
replace, test and/or
repair Backflow
Preventer in respect
to fire system
Test and/or repair
Backflow Preventer
Test and/or repair in
respect to lawn
irrigation
1
Required to be employed by a Qualified Company
2
Required to be employed by a Qualified Company and under direct supervision of a Professional Engineer
3
Required to be employed by a Qualified Company and under direct supervision of a Journeyperson/Master plumber
4
Required to be employed by a Qualified Company and under direct supervision of a Journeyperson Sprinkler and Fire Protection Installer
5
Required to be employed by the City of Vaughan
For the purposes of this Authorized Function List:
"AP" means an Apprentice registered with the Ontario College of Trades
"CCCS" means a Cross Connection Control Specialist Certificate
"JP" means a Journeyperson registered with the Ontario College of Trades
"Qualified Company" means a company that is registered with the City of Vaughan Backflow Prevention Program who employ Qualified Person(s) that are permitted to
carry out work under the Backflow Prevention By-Law
Please Note: In performing work related to the Backflow Prevention Program, it is the Qualified Company and Qualified Person's responsibility to comply
with all applicable law including, but not limited to, Ontario Health and Safety Act - Regulation 632/05. If the City receives notice that a Qualified Company
and Qualified Person has failed to comply with applicable law, the City may, without notice, remove the Company or Person from the City's Approved
Qualified Company List.
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Schedule 'B' - Premise Isolation Selection Guide
Type of Building or Water Use
Degree of Hazard
Agricultural
Severe
Animal Feed Lot
Moderate to Severe
Animal Stock Yard
Moderate to Severe
Aquaculture Farm
Severe
Aquarium (Public)
Severe
Arena
Moderate
Asphalt Plant
Severe
Auto Body Shop
Severe
Auto Dealership
Moderate
Automotive Repair Shop
Severe
Beverage Processing Plant
Severe
Blood Clinic
Severe
Campsite
Moderate
Campsite with RV Hook-ups or Dump-stations
Severe
Carwash
Severe
Chemical Plant
Severe
Church
Moderate
College
Moderate
Commercial Premises
Moderate to Severe
Concrete Plant
Severe
Dental Office
Moderate
Dental Surgery Facility
Severe
Dry Cleaning Plant
Severe
Dye Plant
Severe
Exhibition Ground
Moderate to Severe
Farm
Moderate to Severe
Film Processing Facility
Severe
Fire Hydrant (Temporary Water Purposes)
Severe
Fire Service (With Chemical Addition)
Severe
Fire Service (Without Chemical Addition)
Moderate
Fire Station
Moderate to Severe
Fish Farms or Hatchery
Severe
Food Processing Plant
Severe
Fuel Dispensing Facility
Moderate to Severe
Funeral Home
Severe
Garbage Transfer Facility
Severe
Gas Station with Automotive Repair
Severe
Golf Course
Moderate to Severe
Greenhouse
Severe
Grocer
Moderate
Hair Salon
Moderate
Hospital
Severe
Hotel
Moderate
Industrial Premises
Moderate to Severe
Institutional Premises
Moderate to Severe
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Irrigation System (With Chemical Addition)
Severe
Irrigation System (Without Chemical Addition)
Moderate
Kennel
Moderate
Laboratory
Severe
Laundry (Commercial)
Severe
Laundry (Commercial, Coin-operated)
Moderate
Manufacturing Plant
Moderate to Severe
Meat Packing Plant
Severe
Medical Clinic (Non-surgical)
Moderate
Medical Clinic (Surgical)
Severe
Medical Laboratories
Severe
Milk Processing Plant
Severe
Mining Facility
Severe
Mobile Home Park
Moderate
Mortuary or Morgue
Severe
Motel
Moderate
Motorcycle Repair Facility
Severe
Multi-service Interconnected Facility
Moderate to Severe
Multi-tenant Single-service Facility
Moderate
Nursing Home
Moderate
Office Building
Moderate
Oil Refinery
Severe
Paint Manufacturing Plant
Severe
Petroleum Processing or Storage Facility
Severe
Pharmaceutical Manufacturing Facility
Severe
Photo Processing Facility
Severe
Plants Using Radioactive Material
Severe
Plastic Manufacturing Plant
Severe
Poultry Farm
Severe
Power Generating Facility
Severe
Premises Where Access is Prohibited or Restricted
Severe
Printing Plant
Severe
Pulp or Paper Plant
Severe
Radiator Shop
Severe
Recycling Facility
Severe
Refinery, Petroleum Processing
Severe
Rendering Facility
Severe
Research Building
Severe
Residential (4 Floors or More)
Moderate to Severe
Residential Part 9
Minor
Restaurant
Moderate
School (Elementary, Junior High, and Senior High)
Moderate
Seasonal Pressurized Connection
Moderate to Severe
Shopping Mall
Moderate
Slaughterhouse
Severe
Steam Plant
Severe
Steel Manufacturing Plant
Severe
15
Stormwater Facility or Pump Station
Severe
Subway Station
Moderate to Severe
Swimming Pool Facility
Moderate
Trackside Facility for Trains
Severe
University
Moderate to Severe
Veterinary Clinic
Moderate to Severe
Waste Disposal Plant
Severe
Wastewater Facility or Pump Station
Severe
Wastewater Treatment Plant
Severe
Water Facility or Pump Station
Moderate to Severe
Water Filling Station
Severe
Water Park
Severe
Water Treatment or Pump Station
Severe
Zoo
Severe
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Schedule 'C' - Offences and Corresponding Administrative Monetary Penalties
Section
Description of Offence
AMP
Amount
4(1)
Connect, permit, cause to be connected, or allow to remain connected
an unprotected Cross Connection to the Municipal Drinking Water
System
$1000.00
4(2)
Connect, permit, cause to be connected, or allow to remain connected
a well to the Municipal Drinking Water System
$1000.00
5
Failed to comply with a requirement under Section 5
$350.00
6(1)
8(1)
12(1)(B)
12(2)(B)
13(5)
Failed to provide a document within prescribed time
$50.00
6(2)
Failed to install a Backflow Preventer when required
$500.00
6(3)
Failed to apply and obtain a Building Permit
$75.00
6(4)
Failed to ensure Backflow Preventer is in proper working conditions
$250.00
6(5)
Failed to comply with a Backflow Prevention Program notice
$50.00
6(6)
Failed to ensure Qualified Company is permitted to complete
Authorized Function
$250.00
7
Failed to comply with a requirement under Section 7
$300.00
8(2)
Failed to complete or submit a Cross Connection Control Survey
Report
$350.00
9(1)
Failed to ensure Premise Isolation of the Structure or Building
$350.00
9(2)
Failed to ensure Backflow Preventer installed in correct location
$250.00
9(3)
Failed to ensure Backflow Preventer installed correctly
$250.00
9(4)(A)
Failed to ensure Backflow Preventer located and installed to prevent
contamination of Municipal Drinking Water System
$500.00
9(4)(B)
Failed to ensure Backflow Preventer installed in area to facilitate
inspection, testing and maintenance while complying with minimum
and maximum clearances
$250.00
9(4)(C)
Failed to ensure Backflow Preventer is supported and restrained
$200.00
9(4)(D)
Failed to ensure Backflow Preventer is not bypassed
$500.00
9(5)
Failed to ensure Backflow Preventer is protected from freezing
conditions
$200.00
9(6)
Failed to ensure that all Double Check Valve Assembly test ports are
watertight when located underground
$200.00
9(7)
Failed to ensure Reduced Pressure Principle Assembly atmospheric
port is open to atmosphere or not connected to drain
$200.00
9(8)
Failed to ensure all piping between Water Meter and Backflow
Preventer is properly labelled "no connections permitted"
$75.00
10(1)
Failed to ensure residential property with Auxiliary Water Supply is
protected from Backflow
$300.00
10(2)
Connect, permit, cause to be connected, or allow to remain connected
an Auxiliary Water Supply to the Municipal Drinking Water System
$1000.00
11
Failed to comply with a requirement under Section 11
$750.00
12(1)(A)
Owner failed to test a Backflow Preventer
$250.00
12(1)(C)
Owner failed to ensure a Backflow Preventer Test Tag is attached
$25.00
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12(1)(D)
Failed to test Backflow Preventer prior to the water valve being turned
on by the City
$250.00
12(2)
Qualified Company failed to comply with a requirement under Section
12(2)
$300.00
13(1)
Failed to take corrective actions identified on the Cross Connection
Control Survey Report
$250.00
13(2)
Failed to take required corrective actions identified on the Backflow
Preventer Test and Inspection Report
$250.00
13(3)
Owner failed to repair a Backflow Preventer
$200.00
13(4)
Unauthorized removal of a Backflow Preventer
$500.00
16(8)
Hinder or obstruct the City or other Person exercising a power under
the By-law
$150.00
16(9)
Failed to provide access/information when requested by the City,
except as authorized by the Municipal Act
$50.00
19(1)
Failed to provide applicable fee within prescribed time
$50.00
20(1)
Owner failed to install Backflow Preventer within prescribed time
$500.00
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AMENDMENT HISTORY
BACKFLOW PREVENTION BY-LAW
DATE
(YYYY/MM/DD)
BY-LAW
AUTHORITY
CONSOLIDATED