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MUNICIPALITY OF
West Grey
The Corporation of the Municipality of West Grey
Bylaw No. 2025-073
A bylaw to regulate the distribution and use of water and the use of the sewer system,
authorize the billing and collection of water and wastewater services Durham and
Neustadt.
WHEREAS section 5 of the Municipal Act, S.O. 2001, c.25, as amended (the “Act”),
provides that a municipal power, including a municipality's capacity, rights, powers and
privileges under section 9, shall be exercised by bylaw unless the municipality is
specifically authorized to do otherwise; and
WHEREAS section 8 provides that the powers of a municipality shall be interpreted
broadly to enable it to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to respond to municipal issues; and
WHEREAS section 9 of the Act provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under this or any other Act; and
WHEREAS section 11 of the Act provides that a lower-tier municipality may pass
bylaws respecting matters within the spheres of jurisdiction set out therein, inter alia;
public utilities; and
WHEREAS section 80 of the Act provides that a municipality may at reasonable times
enter on land to which it supplies a public utility, to inspect, repair, alter or disconnect
the service pipe, wire, machinery, equipment and other works; to inspect, install, repair,
replace or alter a public utility meter and for such purposes, to shut off or reduce the
supply of the public utility to the land; and, if a customer discontinues the use of a
public utility on land or the municipality lawfully decides to cease supplying the public
utility to land, to shut off the supply of the public utility; remove any property of the
municipality or determine whether the public utility has been or is being unlawfully
used; and
WHEREAS section 81 of the Act provides that a municipality may shut off the supply of
a public utility to land if fees and charges payable by the owners or occupants of the
land for the supply of the public utility are overdue, subject to the municipality providing
reasonable notice of the proposed shut off to the owners and/or occupants of the land
by personal service or prepaid mail or posting the notice on the land in a conspicuous
place; and
WHEREAS the Municipality of West Grey operates and maintains municipal drinking
water systems and wastewater systems in the geographic town of Durham and the
geographic village of Neustadt; and
WHEREAS the Council of the Corporation of the Municipality of West Grey deems it
expedient to make certain rules and regulations concerning the said drinking water
system and wastewater system, in accordance with the Municipal Act, 2001; and
WHEREAS the Council of the Corporation of the Municipality of West Grey deems it
expedient to pass a bylaw to govern billing and collection service for water and
wastewater services;
NOW THEREFORE the Council of the Corporation of the Municipality of West Grey
hereby enacts as follows:
1. Definitions
For the purposes of this bylaw:
“Billable unit” shall mean an individual property unit or sub-unit used for billing
purposes for properties connected to the Durham and Neustadt systems for the
purpose of billing water, sewage and other applicable charges.
“Council” shall mean the Council of the Corporation of the Municipality of West
Grey.
“Customer” shall mean any person who takes water from the Municipality or
receives water and wastewater related services from the Municipality.
“Meter” shall mean the water meter and all equipment, cabling and remote reading
device supplied and owned by the Municipality, however funded, to measure the
quantity of water used by the customer for billing purposes.
“Multiple unit” shall mean a single building, served by a private water service, and
containing two or more living or other units not served by an individual water service
pipe.
“Municipality” shall mean the Corporation of the Municipality of West Grey and its
employees.
“Occupant” shall include any lessee, tenant, inmate, owner, the agent of a lessee,
tenant or owner, or any person in possession of a property.
“Owner” shall include any and all persons or any firm or corporation that is the
registered owner(s) of the property under consideration or any agent thereof, a
person entitled to a limited estate in land, a trustee in whom land is vested, a
committee of the estate of a mentally incompetent person, an executor, an
administrator or a guardian.
“Property” includes both public and private lands, buildings, structures, or vehicles,
located in the Municipality and which may be entitled to a water service.
"Remote reading device" shall mean the Municipally owned device used to transmit
water meter readings for billing and monitoring purposes.
"Residential water service" shall mean the pipe located on residential property that
is connected to the Municipal water system from the property line to the water
meter. These pipes are the responsibility of the property owner.
“Treasurer” shall mean the Treasurer of the Corporation of the Municipality of West
Grey or their designate.
"wastewater" shall mean the composite of water and water-carried wastes from
residential, commercial, industrial or institutional premises or any other source; any
water adversely affected in quality by anthropogenic influence not fit for human
consumption.
"wastewater rate” shall mean a charge for the operation and maintenance of the
wastewater system and the purchase of wastewater services applied to the metered
usage of water and shall include a charge for depreciation, deferred maintenance,
or a reserve fund for any such purpose permitted by bylaw as deemed expedient by
Council. The rate may include a charge for the capital cost of the wastewater
system and alterations or extensions to it which includes a debt charge but does not
include charges imposed under the Municipal Act, 2001 for local improvements.
"wastewater system" shall mean the buildings, structures, plant, machinery,
equipment, appurtenances, devices, conduits, outlets, underground pipelines,
installations and other works designated for the collection and transmission of
domestic, commercial and/or industrial wastewater and includes lands appropriated
for such usage but does not include plumbing to which the Ontario Building Code or
any amendments thereto apply.
"water" shall mean drinkable, potable water supplied by the Municipality, as defined
under regulation O. Reg 170/03 as amended.
“water and wastewater fees bylaw” shall mean the fees for water and wastewater
that are approved by Council and amened from time to time.
“water service” shall mean the section of pipe connected to the Municipal drinking
water system, from the watermain to the property line or meter.
"water system" shall mean the buildings, structures, plant, machinery, equipment,
appurtenances, devices, conduits, outlets, underground pipelines, installations and
other works designed for the delivery of drinking water to customers, such system
as established by the Municipality.
"watermain” shall mean any system of pipes and appurtenances used for the
distribution of drinking water, but does not include plumbing.
"water rate" means a charge for the operation and maintenance of the drinking
water system and the purchase of water and shall include a charge for depreciation,
deferred maintenance, or a reserve fund for any such purpose permitted by bylaw
as deemed expedient by Council. The rate may include a charge for the capital cost
of the drinking water system and alterations or extensions to it which includes a debt
charge but does not include charges imposed under the Municipal Act, 2001 for
local improvements.
. Rules and Regulations
2.1. The rules and regulations set out in this bylaw shall govern and regulate the
billing and collection of water and wastewater related charges.
2.2.Every such owner, by applying for or accepting a supply of water from the
Municipality or discharging wastewater into the system, shall be deemed to
have expressed his or her consent to be bound by the said rules and
regulations.
2.3. If the Municipality becomes aware of any substantial defect including but not
limited to damage to persons or property or issues that may impact water
quality, the Municipality at its discretion, may turn off the water supply to the
property without advanced notice to the occupants. The Municipality will turn on
the water supply once it has been satisfied that the defect has been rectified.
The turning off and on of the water supply is subject to the rates as specified in
the water and wastewater fees bylaw.
2.4. Once the water supply is available at a property or building, the owner is subject
to all related charges as outlined in this bylaw and the water and wastewater
fees bylaw.
. Water Meter Installation
3.1.All properties within the Municipality connected to the drinking water system
must have an approved water meter installed at the owner’s expense prior to
the use of water and must permit the meter to be inspected in a timely manner
by public works field staff.
3.2. Such meters shall, at all times, remain the property of the Municipality, and shall
not be removed from the premises except in accordance with the terms of this
bylaw.
. Unauthorized Interference with Meter
4.1.No person, except a person authorized by the Municipality for that purpose,
shall be permitted to open, or in any way whatsoever to tamper with any meter,
remote reading device, or with the seals placed thereon, or do any manner of
thing which may interfere with the proper registration of the quantity of water
passing through such meter or the operation of the units.
4.2. Should any person change, tamper with or otherwise interfere, in any way
whatsoever, with any meter(s), remote reading devices, and/or equipment
placed in or on any building or property, the Municipality may forthwith, shut off
the water to such building or property, and the water shall not be turned back on
to such building or property without the express consent of the Municipality. The
owner and/or occupant of the property will be charged a fee for turning the
water off and on. Should the meter need to be replaced as a result of
tampering, the Municipality will undertake the necessary repairs or
replacements and the property owner will be invoiced for the costs involved.
5. Meter, Remote Reading Device Repairs and Maintenance
6.
5.1. The entire cost of maintaining and repairing meters and remote reading devices
shall be paid for by the Municipality unless such meter or remote reading device
is damaged by the carelessness or neglect of the owner or occupant of the
property on which such meter is installed and in that event the owner of the
property shall pay to the Municipality the cost of making the necessary repair to
such meter and/or device.
5.2. If an owner does not respond to requests made by the Municipality to gain
access to the meter or remote reading device for any reason, the water supply
may be turned off until such time as the owner makes suitable arrangements to
have the meter and/or remote reading device inspected, repaired or installed.
The charges specified in the water and wastewater fees bylaw for turning the
water off and on shall apply.
5.3. If, in the opinion of the Municipality, the condition of the water service and of the
plumbing system on such piping is such that the meter cannot be safely
removed for the purpose of testing, replacing, repairing or testing in place
without fear of damage to the water service, the Municipality may require the
owner or occupant to make such repairs as may be deemed necessary to
facilitate the removal or testing of the meter at the owner/occupant’s expense.
5.4. If, upon notification, the owner does not comply with the Municipality's request
to make repairs in accordance with Section 10, then the water supply to the
property may be turned off at the curb stop valve during removal, replacement,
repair and testing of the meter and the owner shall pay the rate for turning water
off and on as specified in the water and wastewater fees bylaw. The
Municipality shall not be held responsible for any damages to the owner's
property arising from such work.
5.5. If the owner, tenant or occupant misses any appointments they shall be charged
a fee as specified in the water and wastewater fees bylaw.
5.6. Any leaks that may develop at the meter or its couplings must be reported
immediately to the Municipality.
Water and Wastewater Billing
6.1.An owner or occupant or their agent, who intends to occupy a property provided
with water and wastewater service shall notify the Municipality in writing, in a
timely manner so a new water wastewater billing account can be created.
6.2. All ownership and occupancy changes shall be subject to a new account fee in
the amount specified in the water and wastewater fees bylaw. The new account
fee shall not be applied to a builder's accounts unless the property is occupied
by the builder.
6.3. All properties connected to the drinking water system shall be metered.
6.4. Every owner of land connected to the Municipal water and/or wastewater
system shall pay water and wastewater charges based on metered water
consumption and fixed charges at the rates specified in the water and
wastewater fees bylaw.
6.5. All water and wastewater charges will be calculated and billed based on
quarterly meter readings.
6.6.All water passing through the water meter shall be charged for whether used or
wasted.
6.7.In the event of a dispute, the reading of the water meter register shall be the
sole evidence of the quantity of water supplied to a property owner unless the
meter is proven to be defective through a meter test conducted by the
Municipality. If the owner or occupant requests the meter to be tested and it is
found that the meter is not faulty, then the owner or occupant will be charged
the appropriate fee as specified in the water and wastewater fees bylaw.
6.8.In instances where there is a discrepancy between the water meter register and
the remote reading device, the reading taken from the water meter register will
be deemed to be correct.
6.9. If a property is occupied prior to a water meter and remote reading device being
installed, the owner shall be retroactively charged for water and wastewater
services at the unmetered rate for water and/or wastewater as specified in the
water and wastewater fees bylaw, back to the date of occupancy as determined
by the Treasurer and the decision of the Treasurer shall be final.
6.10. Where a property receives water and/or wastewater services but does not have
a meter, an unmetered rate for water and/or wastewater usage shall be charged
as specified in the water and wastewater fees bylaw.
6.11. If a meter fails to register or a reading is not collected for any reason, the
customer shall be charged on the basis of a reasonable estimate derived from
either a previous year’s consumption, an average historical consumption or the
previous month's consumption, whichever is readily available.
6.12. If a billing calculation error is made, the account will be retroactively
recalculated for a period not exceeding one year from the date of detection with
resulting credits or charges being applied to the account.
6.13. If water and wastewater charges are added or require adjustment as a result of
the provisions of this bylaw not being met, the charges may be adjusted
retroactively to the date at which it is determined, in the opinion of the
Treasurer, that the provisions were violated and the decision of the Treasurer
shall be final.
7. Final Billing
7.1.When a customer intends to vacate the property supplied by water, he or she
shall request in writing, a final meter reading, at least five days before vacating
the property. A final meter reading fee will be added to the final water
wastewater bill at the rate specified in the water and wastewater fees bylaw.
7.2.An owner or agent may request a water certificate, which will identify the water
and wastewater charges outstanding against the property, if any, anda
holdback amount required for future or final bills. The owner or agent must pay
the appropriate water certificate fee as specified in the water and wastewater
fees bylaw.
7.3. If the final billing of the previous occupant remains outstanding, such charges
are a lien on the property. The amount shall be transferred to the property tax
account along with the appropriate transfer fee as specified in the water and
wastewater fees bylaw, in accordance with the provisions of the Municipal Act,
2007.
8. Fire Protection Billings
8.1.An annual charge for each private fire line supplied with water from the
Municipal system will be applied to the water wastewater account, in a prorated
quarterly charge, as specified in the water and wastewater fees bylaw.
8.2.An annual charge for each private connection made to the Municipal drinking
water system to supply automatic sprinkler systems, standpipes or other fire
protection systems will be applied to the water wastewater account, in a
prorated quarterly charge, as specified in the water and wastewater fees bylaw.
9. Collections
9.1. Payments are due on the date indicated on the water bills and will be, at a
minimum, 21 days following the billing date.
9.2.Payments by mail will be processed as of the date the payment is received at
the Municipal office.
9.3. Partial payments received on accounts shall be applied to penalties and interest
first, and then water and wastewater charges, and any remaining amount will be
applied to miscellaneous water charges and adjustments.
9.4.A service charge shall be applied in accordance with Municipality's fees and
charges bylaw, if a payment is dishonoured by the bank for any reason.
9.5.All unpaid fees and charges that are in arrears will be charged a penalty at a
rate of five percent on the first day of default.
9.6. All fees and charges relating to the supply of water and wastewater services or
for any other expenses, fees, or charges provided for in this bylaw, shall be paid
by the owner or occupant of the property.
9.7.If the fees and charges are not paid by the owner or occupant, the Municipality
will transfer the unpaid fees and charges to the appropriate property tax account
in accordance with the provisions of the Municipal Act, 2001. The applicable
transfer fees will be added at the time of the transfer, as specified in the water
and wastewater fees bylaw.
9.8. The Municipality reserves the right to shut off the supply of water to any premise
that has unpaid fees and charges. The Municipality shall restore the supply of
water upon suitable payment to the Municipality of such overdue amounts plus
any applicable service charges, penalties, and interest.
10.Responsibilities of Property Owner
10.1. It is the owner's responsibility to ensure that all meters, remote reading devices,
fixtures and pipes of every kind used in connection with the supply of water are
readily accessible in a clean, dry area, protected from freezing and free from
obstructions at all times, allowing for the repair or replacement of the water
meter or building control valve without the use of specialized tools or
equipment.
10.2. It is the owner's responsibility to maintain in proper working order and good
repair, at its own expense, the water services, plumbing system and all its
fixtures and appurtenances.
10.3. All water services and the meter shall be properly protected from frost and any
other damage at the expense and risk of the owner of the property being
serviced.
10.4. Residential property owners are responsible for repairs to all leaks located on
private property, from the property line to the meter. If the leak, in the
Municipality's opinion, requires immediate attention, the Municipality will
undertake the necessary repairs or replacements. The property owner will be
invoiced for the costs involved.
10.5. Industrial, commercial, institutional or multi-residential property owners are
responsible for all repairs from the watermain to the meter, in coordination with
the Municipality. If the leak, in the Municipality's opinion, requires immediate
attention, the Municipality will undertake the necessary repairs or replacements.
The property owner will be invoiced for the costs involved.
10.6.
10.7.
10.8.
10.9.
When any property is left vacant or without heat, it is the owner's responsibility
to shut off the water supply from within the property and to drain the piping
therein.
The owner or occupant may apply in writing to the Municipality to have the curb
stop valve turned off to stop the water supply. The valve will be turned on only
at the owner's request and in the owner's presence. The owner shall pay for this
service at the rate as specified in the water and wastewater fees bylaw.
When any property that is left vacant, unattended or without heat, where the
water supply has not been shut off, suffers damage to it and its contents from a
leaking or burst water pipe or water meter, neither the owner nor occupant shall
have a claim against the Municipality.
Should the Municipality become aware of such leaking or burst pipes, the
Municipality shall turn off the curb stop valve, and the water supply shall not be
turned on until the Municipality, in its discretion, shall consider it advisable. The
owner shall pay for this service at the rate as specified in the water and
wastewater fees bylaw.
11.Frozen Water Services
11.1.
11.2,
11.3.
11.4.
11.5.
11.6.
11.7.
11.9.
The Extreme Cold Weather Procedure is to prevent and/or manage
interruptions to the Municipality's supply of water, caused by the temporary
freezing of Municipality and/or Customer owned water pipes. It shall allow for a
deviation from the standard billing practices as outlined within this bylaw,
whereby consumption charges normally applicable for all water that has passed
through the meter are replaced with an estimated consumption value based on
historical usage at the property. The Municipality may activate the Extreme Cold
Weather Procedure under any of the following conditions:
The sum of the average daily temperature on consecutive days reaches -400
degrees Celsius, following the first confirmed fall frost event;
Ground frost levels observed by Public Works field staff, through the course of
their daily activities, reaches 1.7 meters or deeper; or
It is deemed necessary by the Municipality to ensure the continued provision of
drinking water during periods of extremely cold weather.
Thawing of privately owned water services shall be the owner's responsibility
and expense. Where any employee of the Municipality assists the owner in the
thawing of a privately owned frozen water service, the owner will be invoiced for
the costs involved. All work completed by the Municipality shall be considered at
the owner's risk, and the owner shall have no claim against the Municipality by
reason of such work.
If the Municipality has initiated the Extreme Cold Weather Procedure and
provides specific instructions in writing to the owner or occupant that they
should continuously run the water to mitigate the freezing of the buried water
service, or a temporary water supply is arranged that requires the continuous
flow of water:
The Municipality determines that the frozen water service is located on
Municipal property, the Municipality will adjust the water wastewater bill(s) so
that the owner or occupant will not be charged for the excess water usage. The
Municipality will estimate what the normal water usage would have been before
the freezing occurred. The owner or occupant will not be charged for the excess
water used when the Municipality approves the water to be continuously
running; and
. The Municipality determines that the frozen water service is located on private
property, the Municipality will not adjust their water wastewater bill for the higher
consumption.
If the Municipality has initiated the Extreme Cold Weather Procedure and has
not directed the owner or occupant to continuously run the water, and the owner
12.
12.1.
12.2.
12.3.
12.4.
12.5.
12.6.
12.7.
12.8.
or occupant decides to do so on their own, the water wastewater bill will not be
adjusted by the Municipality. The owner or occupant will be responsible for the
water wastewater bill that will include the higher consumption due to the
continuous running of the water.
Prohibitions
No person shall willfully hinder or interrupt, or cause or procure to be hindered
or interrupted, the Municipality or any of its officers, contractors, agents,
servants or workers, in the exercise of any of the power conferred by this bylaw.
No person shall willfully or maliciously tamper with or damage any meter,
remote reading device, water service, equipment or any appurtenances
belonging to the Municipality, or required for exemption purposes or willfully
impair or knowingly suffers the same to be altered or impaired, so that the meter
indicates less than the actual amount of the water that passes through it.
No person shall willfully let off or discharge water so that the water runs waste
or useless of the works.
No person being an owner or occupant or other supplied with water from the
drinking water system, shall improperly waste the water or, without the consent
of the Municipality, lend, sell, or dispose of the water, give it away, permit it to
be taken or carried away, use or apply it to the use or benefit of another, or to
any use and benefit other than his or her own.
No person shall, without lawful authority, willfully open or close any valve or
hydrant, or obstruct the free access to any hydrant, valve, chamber or pipe by
placing on it any building material, rubbish or other obstruction.
No person shall throw or deposit any injurious or offensive matter into the water,
drinking water system or wastewater system or upon the ice if the water is
frozen, or in any way foul the water or commit any willful damage or injury to the
works, pipes or water, or encourage the same to be done.
No person shall willfully alter any meter or remote reading device placed upon
any service pipe or connected therewith, within or without any building or other
place, so as to lessen or alter the amount of water registered.
No person shall lay or cause to be laid any pipe or watermain to connect with
any pipe or watermain of the drinking water system, or in any way obtain or use
the water without the consent of the Municipality.
13.Enforcement
13.1.
13.2.
13.3.
The Municipality may at all reasonable times, enter and inspect a property to
determine whether there is any unlawful use of the drinking water system or
wastewater system and to provide for the enforcement of this bylaw.
All water used on a property within the Municipality, except water used for
firefighting purposes, or water authorized by the Municipality for construction or
other purposes, shall pass through the meter approved by the Municipality for
use upon such property. In addition to whatever other remedies the Municipality
may have by law in respect to infringement of this bylaw, the Municipality may,
upon ascertaining that water has been unlawfully used, shut off and stop the
supply of water without notice.
Every person who willfully or maliciously damages or causes damage to any
meter, remote reading device, water service, equipment or any appurtenances
belonging to the Municipality or willfully impairs or knowingly suffers the same to
be altered or impaired, so that the meter indicates less than the actual amount
of the water that passes through it, is guilty of an offence and on conviction, is
liable to a fine payable to the Municipality, and for any expenses of repairing or
replacing the meter, remote reading device, water service, equipment or any
appurtenances and double the value of the surplus water so consumed, all of
which is recoverable under the Provincial Offences Act.
14. Penalty
14.1. Every person who contravenes any of the provisions of any section of this bylaw
and every Director or Officer of a Corporation who knowingly concurs in the
contravention of a bylaw by the Corporation is guilty of an offence under the
provisions of the Municipal Act, 2001 s. 429.
14.2. For the purpose of continuous offences, every person who contravenes any
provision of this bylaw and every Director or Officer of a Corporation who
knowingly concurs in the contravention of a bylaw by the Corporation is guilty of
an offence and liable on conviction to a penalty not exceeding $10,000,
exclusive of costs under the provisions of the Municipal Act, 2001, s 429 (3) as
amended. Despite paragraph 1, the total of all daily fines for the offence is not
limited to $100,000.
14.3. For the purpose of multiple offences, every person who contravenes any
provision of this bylaw and every Director or Officer of a Corporation who
knowingly concurs in the contravention of a bylaw by the Corporation is guilty of
an offence and liable on conviction to a penalty not exceeding $10,000,
exclusive of costs under the provisions of the Municipal Act, 2001, s. 429 (3) as
amended. Despite paragraph 1, the total of all daily fines for the offence is not
limited to $100,000.
15.Bylaw Repealed
15.1. Bylaw 14-2022 and all amendments thereto are hereby repealed.
16.Effective Date
16.1. This bylaw shall come into force and take effect on October 1, 2025, at which
time all bylaws, policies, and resolutions that are inconsistent with the
provisions of this bylaw are hereby amended or repealed insofar as it is
necessary to give effect to the provisions of this bylaw.
Passed and enacted by the Council of the Municipality of West Grey this 16" day of
September, 2025.
Mayor Kevin Eccles Jarhie M. Eckenswiller, Clerk
By signing this bylaw on September 16, 2025, Mayor Kevin Eccles will not exercise the
power to veto this bylaw.