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CITY OF PRINCE ALBERT
BYLAW NO. 37 OF 2017
Disclaimer:
This consolidation is not an Official Copy of the Bylaw. Amendments
have been incorporated solely for research convenience purposes only.
Original Bylaw and amendments are available from the City Clerk's
Office and must be consulted for purposes of interpretation and
application of the law.
WATER SERVICES BYLAW
BYLAW NO. 37 OF 2017
Including the Following Amendments:
AMENDMENTS
DATE PASSED
Bylaw No. 14 of 2020
June 1, 2020
OFFICE CONSOLIDATION
CITY OF PRINCE ALBERT
BYLAW NO. 37 OF 2017
A Bylaw of The City of Prince Albert respecting the
management of the Waterworks System, to establish and
regulate the supply, collection, treatment, storage and
distribution of water and to set terms and guidelines for the
public utility water service.
WHEREAS the Council of The City of Prince Albert may provide for the
regulation and operation of the Waterworks System of the City as a public utility service;
AND WHEREAS Council may establish the terms under which a public
utility service may be supplied;
AND WHEREAS The City of Prince Albert has established works for the
collection, treatment, storage, supply and distribution of water;
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT
IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
SHORT TITLE
1.
This Bylaw may be cited as the "Water Services Bylaw."
DEFINITIONS
2.
In this Bylaw:
a) "Act" means The Cities Act.
b) "Applicant' means a person executing an application for, making use of or
accepting the supply of water services.
c) "AWWA Standards" means the current published standards of the American
Waterworks Association as same may be amended, revised and replaced from
time to time.
d) "City" means The City of Prince Albert.
e) "Director of Public Works" means the Director of Public Works for the City
and anyone acting or authorized by the City Manager or Director of Public
Works to act on behalf of the Director of Public Works in the administration of
the responsibilities under this Bylaw.
f) "Connections Bylaw" means the Connections Bylaw of the City of Prince
Albert, being Bylaw No. 12 of 1995, or such Bylaw or Bylaws as may be
substituted therefor from time to time.
g) "Corporation Stop" means a device for control of water flow from the City's
water main to a water service connection.
h) "Council" means the Council of the City.
i) "Custom Work Order" means the estimation of the value of work performed
by City forces or on behalf of the City that is calculated by the Director of Public
Works to constitute the standard charge for all work of a similar nature which is
deemed to reflect the actual cost to the City of labour, equipment, material
used, all applicable taxes, plus an administration fee equal to 15 percent of the
value of the cost, the invoicing for the work performed on the basis of the
standard charge, crediting any deposit which the Director of Public Works may
have required to be paid and the requirement of the person making the deposit
to pay any balance owing.
j) "Curb Stop" means a device for the control of water flow from the water
service connection to a premises where water is supplied.
k) "Director of Financial Services" means the City Treasurer or the Director of
Financial Services for the City and anyone acting or authorized by the City
Manager, the City Treasurer or the Director of Financial Services to act on
behalf of the Director of Financial Services in the administration of the
responsibilities under this Bylaw.
l) "Fire Chief" means the Fire Chief for the City and anyone acting or authorized
by the City Manager or Fire Chief to act on behalf of the Fire Chief in the
administration of the responsibilities under this Bylaw.
m) "Meter" means a device capable of measuring volume of water, approved as
to the specification by the Director of Public Works or the Director of Financial
Services, and shall include all appliances attached to the meter, such as a radio
and transmitting device.
n) "Normal working hours" means between 8:00 a.m. and 4:45 p.m. on
weekdays other than holidays and earned days off for employees of The City
of Prince Albert.
o) "Premises" means any real property or building.
p) "Sanitary Sewer Bylaw" means Bylaw No. 48 of 2015 of The City of Prince
Albert or such Bylaw or Bylaws as may be substituted therefor from time to
time.
q) "Valve" means a device for control of water flow in or from the City's water
main or a water service connection.
r) "Water crane" means a facility of the City for the provision of water from the
Waterworks System to persons hauling water.
s) "Water service connection" means the pipes and all related appurtenances
for the conveyance of water from the Waterworks System to provide water
services to premises and fire hydrants.
t) "Water services" means all aspects of service supplied pursuant to this Bylaw
to applicants, owners, and persons hauling water from the water crane and
includes the water supplied from the Waterworks System.
u) "Waterworks System" means the whole or any part of the equipment by which
or through which the City conveys water, its improvement, extension or
replacement and, not to limit the generality of the foregoing, includes pumps,
sedimentation system, filtration system, Water Treatment Plant, reservoirs,
water mains, clarifier system, disinfection system, pipe valve connections,
corporation stops, hydrants, valves, and other related works, curb stops,
meters and related appliances, all other appurtenances as are designed to form
a part thereof and the treatment processes by which water is treated before
conveyance into the water mains.
INTERPRETATION
3.
a) Unless the context otherwise requires, subject to Section 2, terms and
expressions used in this Bylaw shall have the same meaning as in the Act.
b) All words shall be interpreted to include a corporation or partnership or such
number and gender as the context may require. Marginal notes and headings
shall not be given any effect in determining the proper interpretation of this
Bylaw.
UTILITY RATES
4.
The water rates and services charges are set by The City's Water and Sewer Utility
Rates and Fees Bylaw.
LIMITATION OF LIABILITY
5.
a) Any water supplied by the City from Waterworks System to an applicant shall
only be supplied on the condition that the applicant shall make no claim against
the City, its officials, employees or agents except with respect to damage
caused by the negligence of the City, its officials, employees or agents acting
within the scope of their employment, as the case may be. It is a further
condition of supply that the applicant shall make no claim for any indirect,
incidental or consequential damages, including, but not limited to, lost profits.
Not to limit the generality of the foregoing, neither the City, its officials,
employees or agents shall be liable for:
(i)
actions based in nuisance;
(ii)
actions in respect of personal injury, death or property damage related
to the presence of any substance or material in the water or the
Waterworks System; or
(iii)
actions in respect of damages related to the interruption or termination
of water services or failure or refusal to provide water services for any
reason whatsoever, whether or not notice was provided.
b) Water services shall only be supplied on the condition that the applicant shall
indemnify and save harmless the City, its officials, employees and agents from
and against all claims arising by reason of the supply of water services,
excepting those claims caused by negligence as described in Subsection 5(a).
Not to limit the generality of the foregoing, as a condition of service, the
applicant shall indemnify and save harmless the City, its officials, employees
and agents from and against claims for personal injury, death or other types of
claims whatsoever brought by the applicant or any third party arising directly or
indirectly:
(i)
from the use by any person of the applicant's water services;
(ii)
from the provision of water services at any premises owned or occupied
by the applicant or any person to whom the applicant is an agent;
(iii)
from the failure of the Waterworks System, the water services
connection, the meter or any part of such service, system or meter or
any appurtenance thereto affecting the applicant's water service; or
(iv)
from the interruption or termination of water services or the failure or
refusal to provide water services to the applicant for any reason
whatsoever, whether or not notice was provided.
c) In all places where the Waterworks System is connected with hot water boilers
or heating, cooling or other such equipment, the owner and the applicant shall
ensure that suitable and sufficient devices are utilized to prevent damage to
such equipment and to remove danger from collapse, explosion or otherwise if
water services are interrupted, terminated or there is any variation in pressure.
d) In all places where steam, hot water or material foreign to that for which the
Waterworks System was designed to convey may be forced backwards through
a water services connection, the owner and applicant shall install a backflow
preventer to prevent same from occurring. The owner and applicant shall
regularly test the backflow preventer and keep same in a well-maintained
operable condition. The City may at any time ask for and be provided
maintenance records for the backflow preventer. A plan describing the
backflow preventer and installation of same shall be filed with the Director of
Public Works within 30 days of making the installation.
e) In the event that the owner or applicant neglects or fails to comply with
Subsection 5(c) or 5(d) and damage to any City property results, the owner and
applicant shall be jointly and severally liable for the cost of repair, calculated
pursuant to the Custom Work Order.
ADMINISTRATION
6.
a) The Waterworks System, its operation, maintenance, and repair shall be under
the general direction control of the Director of Public Works. The installation
and construction of the Waterworks System or other works in connection
therewith shall be under the general direction and control of the Director of
Public Works. The Director of Public Works shall keep full descriptions of all
works constructed and forming part of the Waterworks System.
b) No person other than the Director of Public Works, the Fire Chief, a City
employee acting in the course of his duties under the direction of the Director
of Public Works or Director of Financial Services shall manipulate any portion
of the Waterworks System, open or close any valve, curb stop, or corporation
stop on the Waterworks System, open or close any hydrant, obstruct access to
any hydrant, tamper with a meter connected to the Waterworks System, or
uncover, tamper with, attach any line or pipe to the Waterworks System or in
any other way jeopardize or place in harm the safety of the potable water within
the waterworks system. Failure to comply shall result in immediate termination
of the said water supply to be liable for costs of repair.
APPLICATION FOR WATER SERVICES
7.
a) No person shall use water services without application first having been made
for same with the office of the Director of Financial Services. Every person
desiring that premises be supplied with water from the Waterworks System
shall execute an application in the form as determined by the Director of
Financial Services and shall pay all applicable deposits and fees as set by the
City's Water and Sewer Utility Rates and Fees Bylaw to the office of the Director
of Financial Services at the time of application unless mutually agreed upon
otherwise. An application for water services to premises where sewer services
are connected shall be deemed to include an application for sewer services to
which the Sanitary Sewer Bylaw applies.
Should the identity or the poor payment history of an applicant come into
question, the applicant compelled to produce valid identification at the office of
the Director of Financial Services, and pay the corresponding deposits and fees
before water service shall be connected.
b) Every person desiring that premises be supplied with water from the
Waterworks System shall produce at least 2 pieces of government issued
identification one of which must be photo identification in such form as
establishes the identity of the applicant to the satisfaction of the Director of
Financial Services.
c) The deposit referred to in Subsection 7(a) shall be held by the City as security
for payment of water accounts and shall be returned to the applicant, without
interest, upon termination of water services, provided all water and other
accounts owing to the City by the applicant are paid.
d) If water services are disconnected for any cause and a water or other account
is owed by the applicant to the City, the Director of Financial Services may
apply the deposit referred to in Subsection 7(a) toward the account outstanding.
e) Notwithstanding Subsection 7(a), in cases of urgent necessity, or where water
is required for steam or hot water heating or testing approved by the Director
of Public Works, the Director of Public Works or the Director of Financial
Services may authorize water services to be temporarily supplied upon
payment of the deposit as set by the City's Water and Sewer Utility Rates and
Fees Bylaw. If the cost of the water supplied and the value of the service,
calculated pursuant to the Custom Work Order, exceeds the value of the
deposit, the applicant for the temporary supply shall be liable for payment of
such excess, and any balance remaining shall be refunded without interest.
All temporary water services shall have installed a proper backflow preventer
for the application to prevent the conveyance of foreign material being forced
backwards into the water distribution system. The owner and applicant shall
regularly test the backflow preventer and keep same in a well-maintained
operable condition. The City may at any time ask for the provided maintenance
records and specifications for the said backflow preventer.
f)
Applications for the supply of water are not transferable.
g) All applicants will be required to complete an application and remit the
respective deposit fees at the time of application. If the Director of Financial
Services has received no written notice of discontinuance from the former
applicant, until a new application is made for supply of water services to the
premises, both the former applicant and the new occupant or person having
water services so supplied shall be jointly and severally liable to pay all rates,
charges and penalties payable in relation to such water services.
h) No one shall make application for water services on behalf of any other person
who is the actual occupant of the premises to be supplied with water services
unless he is the owner of the premises or the authorized agent of the occupant.
As a condition of supply or continuation of supply of water services, the Director
of Financial Services may require that security in a form satisfactory to the
Director of Financial Services be provided, including, but not to limit the
generality of the foregoing, that a guarantor guarantee payment of water
accounts of any applicant. If he deems it appropriate, the Director of Financial
Services may require that a guarantor be a natural person.
i)
The applicant shall be liable to pay all costs, rates, charges and penalties as
set by the City.
j)
The applicant shall be liable for any breach of this Bylaw arising on the
premises to which his application for water services pertains, whether the
breach is actually committed by him or by any other person, unless such breach
was caused by a trespasser upon the premises so supplied with water services.
k) Prior to making application for water services, an applicant who has an overdue
water account for water services formerly to the applicant, alone or in
conjunction with any other person, shall make payment of the said overdue
account. No person shall make application on behalf of another person who is
unable to obtain water services due to the non-payment of a water account or
otherwise.
l)
In the event of a broken seal or any lack of repair, tampering, interference or
damage, the occasioning of which affects the accuracy of the meter measuring
water supplied pursuant to the applicant's application, the applicant shall
forthwith give written notice of same to the Director of Public Works.
m) Whenever any premises supplied with water services is vacated, the applicant
shall ensure that the valve on the inside of the wall of the building upstream of
the meter is turned off.
n) Notwithstanding any other provision of this Bylaw, during such times as the
Director of Public Works may specify, water from the Waterworks System may
be obtained from the water crane. The Director of Public Works may authorize
any person eligible to obtain water from the water crane to obtain water from a
designated hydrant in the event of an emergency or natural disaster on such
terms and conditions as the Director of Public Works may deem necessary and
at the same cost as water from the water crane.
All temporary water services shall have installed a proper backflow preventer
to prevent the conveyance of foreign material being forced backwards into the
water distribution system. The owner and applicant shall regularly test the
backflow preventer and keep same in a well-maintained operable condition.
TERMINATION OR INTERRUPTION OF SERVICE
8.
a) The Director of Financial Services may direct the Director of Public Works to
cause water services to be terminated at any premises where the applicant
therefore has an overdue water account, or the water account mailed to the
applicant has been returned to the City unclaimed or undelivered. Water
services shall only be resumed upon full payment of the outstanding water
account together with the re-connection charge set by the City's Water and
Sewer Utility Rates and Fees Bylaw. When terminated by reasons of an
overdue account, water services may be resumed after normal working hours
upon proof of payment of arrears of the water account and evidence of the
applicant's agreement to pay charges related to the after-hours resumption of
service by execution of an "After Hours Water Turn-On Work Order". The cost
shall be calculated pursuant to the Custom Work Order, and the charges added
to the applicant's water account.
b) The City may limit or discontinue the furnishing of water services, refuse to
supply water services at any premises or limit the hours during which any
person may use water from the Waterworks System:
(i)
by reason of works undertaken by the City;
(ii)
by reason of lack of supply;
(iii)
in circumstances where a new water service connection is required
under the Connections Bylaw;
(iv)
in the exercise of discretion by Council or the Director of Public Works
where the circumstances are such that, in its or his opinion, the public
interest may so require; or
(v)
in the exercise of discretion by the Director of Public Works or Director
of Financial Services where the circumstances are such that, in his
opinion, any meter is insufficiently protected from frost or other source
of damage.
c) When water services are interrupted pursuant to Subsection 8(b)(i), such
attempt to notify the owner, applicant or occupant of the premises affected by
the intended interference shall be made as, in the opinion of the Director of
Public Works, is reasonable in the circumstances. Except as otherwise
provided in this Bylaw, in any other case, the termination or interruption of water
services may be effected without notice.
d) When water services are interrupted pursuant to Subsection 8(b)(v), water
services shall not be resumed until such means have been adopted for the
protection of the meter and the potable water supply as the Director of Public
Works may approve. The applicant shall, also, be liable for the re-connection
charge set by the City's Water and Sewer Utility Rates and Fees Bylaw.
e) If water services are interrupted by reasons unknown or frozen water service
connection, the Director of Public Works shall ascertain if the place of the failure
is between the water main and the property line of the street abutting the
premises to which water services are provided. In the event that the place of
the interruption is so situate, he shall take such action as he deems reasonably
necessary to remedy the failure or interruption. Should such action require the
installation of an automatic device requiring a power supply, it shall be a
condition of continued supply of water to the premises that the power supply
be provided without cost to the City.
f)
The owner or occupant of the premises supplied with water services shall be
responsible to make satisfactory repairs to that portion of the water service
connection between the property line of the street to the meter upon the
premises. If, after receiving notice from the Director of Public Works to repair
same, the said owner or occupant fails to effect repairs
satisfactory
to the Director of Public Works within the time allowed in the notice, the Director
of Public Works may enter upon the premises and complete the necessary
repairs with City forces or otherwise. The owner and occupant shall be jointly
and severally liable to pay the cost of the repairs, calculated pursuant to the
Custom Work Order.
g) If the Director of Public Works or any person acting upon his instructions has
reasonable grounds to believe that a meter has been bypassed, tampered with,
or a seal broken, whether resulting in the meter failing to accurately measure
water consumption or not, water services may be discontinued to the premises
until such time as the applicant makes payment of the charges referred to in
Section 10(d) and the meter is re-sealed or otherwise put into operation.
h) Water services may be discontinued to any premises, and the City may refuse
to provide water services thereat when water from the Waterworks System has
been wasted at such premises, the applicant has failed to ensure that there is
no breach of the terms under which water services are supplied pursuant to the
application, or the applicant has failed to report damage to the meter, water
safety, appliances, pipes, machinery, or other property of the City upon the
premises supplied with water services pursuant to the application.
i)
In the event that any person designated pursuant to Section 11 is unable to
gain access to any premises for the purposes referred to in Section 20 and 21
of the Act, written notice may be left in the mailbox or at some other
conspicuous place upon the premises. The applicant shall forthwith make
contact with the Director of Financial Services or the Director of Public Works
to permit access and if no such contact can be made, or access is not provided
through arrangements made during any such contact, water services may be
discontinued after a second notice has been left in the mailbox or at some other
conspicuous place upon the premises that same shall be discontinued.
Nothing herein shall be interpreted to limit the City's right to obtain access
through process allowed by law. The Director of Financial Services or the
Director of Public Works may authorize the commencement of any legal
proceedings to obtain access for the purposes referred to at Section 20 and 21
of the Act.
j)
Water services may be discontinued to any premises in the event of breach or
non-compliance with the terms under which water services are supplied. The
City may refuse to resume supply or refuse to provide water services thereat
until the applicant complies with the term which was not complied with.
k) Water services shall be discontinued upon written notice to terminate being
delivered to the Director of Financial Services, and notice from the owner shall
supersede any request from an applicant for water services to the premises of
the owner.
WATER ACCOUNTS
9.
a) The calculation and all aspects of administration related to water accounts, the
collection of the revenue derived from the Waterworks System and the
supervision of all records related to water accounts shall be under the
immediate charge and control of the Director of Financial Services. The
Director of Financial Services shall keep records of all accepted applications
for water services for a 6-year period.
b) Except with respect to water supplied by water crane, under Custom Work
Order, pursuant to Subsection (d),water accounts shall be prepared monthly
under the direction of the Director of Financial Services.
c) Notwithstanding any other provision of this Bylaw, in the circumstances referred
to at Section 8(e), if the Director of Public Works requests that water
continuously flow through the water connection to any premises for a
designated period, the Director of Financial Services shall bill the applicant for
water usage during that period based on usage during a previous similar
period, notwithstanding that the reading of the meter shows a higher
consumption. The decision of the Director of Financial Services as to the value
of the charge shall be final and binding.
d) A water meter card in a form approved by the Director of Financial Services
may be used to obtain meter readings. The applicant shall ensure that an
accurate reading of the meter is recorded on a water meter card left in the
mailbox or placed in some other conspicuous place upon the premises supplied
with water services pursuant to the application. The applicant shall ensure that
the card, properly and completely filled out, is returned to the Director of
Financial Services within 3 days of the card having been so left.
e) If for any reason a reading of a meter has not been taken or the meter fails to
register water supplied, consumption may be estimated on the basis of usage
in a previous similar period or an average seasonal consumption plus 10
percent. Where there is no previous comparable usage, the applicant may be
billed and shall be liable to pay for that amount that is, in the opinion of the
Director of Financial Services, a reasonable charge based on an estimate for
similar use. The decision of the Director of Financial Services as to the value
of the charge shall be final and binding.
f)
If a water meter card has been left upon the premises pursuant to Subsection
9(e) and the Director of Financial Services fails to receive a properly completed
card within the time allowed, the Director of Financial Services may estimate
consumption at any usage that he deems fit. The decision of the Director of
Financial Services as to the value of the charge shall be final and binding.
g) In the event of use of an estimate, adjustment shall be made to reflect actual
consumption in the water account next following the taking of a reading of the
meter measuring water supplied to the premises to which water is supplied
pursuant to the application.
h) If a water account is not received within 31 days following the day on which the
meter is read or within 4 months of receipt of the last water account, the
applicant shall make inquiry at the office of the Director of Financial Services
and shall pay the water account forthwith upon same being rendered.
i)
A water account is overdue if payment is not received by the City by the 28th
day following the date on which the water account is rendered. The applicant
shall be liable to pay a penalty of two point five (2.5) percent of the value of the
overdue water account. The overdue water account plus penalties shall
constitute arrears. Thereafter, the applicant shall be liable to pay additional
compounding penalties of two point five (2.5) percent of the value of the arrears
on each and every billing rendered on which arrears are included. In some
circumstances, the Director of Financial Services will have the authority to use
his discretion to waive a penalty amount. The decision made by the Director
of Financial Services will be final and binding.
j)
If a person pays only a portion of the water account owing by him, unless
otherwise approved by the Director of Financial Services, the amount shall be
first applied in payment of any arrears.
k) The provisions of the Act respecting the imposition and collection of public utility
rates, costs, charges and penalties shall apply to those included in the water
accounts.
l)
If any applicant to which water services are or were provided, and any rate,
cost, charge or penalty imposed pursuant to this Bylaw upon the owner is in
arrears in the year in which such rate, cost, charge or penalty became payable,
the amount thereof shall be added to, and will thereby form part of the taxes
due on the premises with respect to which the water services were provided.
m) (i)
pre-authorized payment plan for the payment of water and sewer utility
bills may be established or revoked from time to time, which plan shall
be available to any City of Prince Albert water and sewer utility customer
upon written application to the Director of Financial Services. The
Director of Financial Services may determine the form for such
application and the utility account applicant shall deliver such other
documentation that the Director of Financial Services may reasonably
require to effect the automatic debit to the designated bank account.
(ii)
Any utility customer desiring to participate in the pre-authorized payment
plan shall provide an actual water meter reading from their residence
prior to being authorized to participate in the program.
(iii)
Any customer participating in this plan shall be exempt from those
penalties identified in this Bylaw or any other amending Bylaw, provided
the customer's account is at a zero balance and payments are current
and in good standing.
(iv)
In the event that any utility customer participating in the pre-authorized
payment plan is in default of any payment for two consecutive periods,
or is in contravention of Section 7, Subsection (k) of Bylaw No. 37 of
2017, the account shall be removed from the pre-authorized payment
plan and penalties, or other applicable fees shall apply as though the
water and sewer utility account were not participating in the pre-
authorized payment plan.
(14/2020, s.1 & 2)
METERS
10.
a) Except with respect to water supplied by water crane, under Custom Work
Order, or as may be otherwise agreed by the City, all water supplied from the
Waterworks System shall be measured by meter. All meters and related seals,
unions, couplings and flanges shall be furnished and installed by the City and,
notwithstanding that same may be affixed to any land, shall remain the property
of the City. Every applicant shall be liable to pay the monthly service charge
for that size of meter measuring the water supplied pursuant to the application.
Monthly service charges for the meters are set by the City's Water and Sewer
Utility Rates and Fees Bylaw.
b) Subject to the other provisions of this or any other Bylaw, the number, location,
physical arrangement and type of meters used to measure water consumption
shall be as determined by the Director of Public Works from time to time either
under standard policy established by the Director of Public Works or otherwise.
c) Where the applicant for a new water service connection desires a larger meter
than that which the Director of Public Works considers sufficient, same may be
installed upon the approval of the Director of Public Works and the applicant
paying to the City the rate for installation of oversize meter and the applicable
meter rate as set by the City's Water and Sewer Utility Rates and Fees Bylaw.
d) If any seal made on the instructions of the Director of Public Works or Director
of Financial Services on a meter, pipe or appurtenance is broken upon the
premises to which water services are supplied pursuant to the application of
the applicant, the applicant shall be liable to pay any charges for services
arising therefrom calculated pursuant to the Custom Work Order, the charge
for re-sealing the meter and, if water services have been interrupted or
terminated, the charge for re-connection of water services, the two latter
charges set by the City's Water and Sewer Utility Rates and Fees Bylaw.
e)
If the premises in which a meter or other Waterworks System appliance is
installed is to be vacated during winter months, at least 72 hours' notice shall
be given to the Director of Financial Services. If requested by the Director of
Public Works, the owner or, if he has lawful access to the premises, the
applicant shall provide access to permit removal of the meter or appliance
during normal working hours.
f)
In the event that the meter or related seals, unions, couplings or flanges
situated upon the premises supplied with water services are damaged or
destroyed by any cause whatsoever, the person desiring that the meter be
repaired, is responsible for payment of the applicable Frozen/Damaged meter
flat fee set by the City's Water and Sewer Utility Rates and Fees Bylaw. As a
condition for the service work to proceed, the occupant requesting the repair
must:
(i)
have a current utility account in their name; and
(ii)
sign, or have their authorized agent sign, the applicable Form as
determined by the Director of Financial Services.
Meter repairs will not occur if the person requesting the repair does not have a
current utility account in their name and if they refuse to sign the applicable
Form. No person shall sign the attached Form or make application on behalf
of another person who is unable to obtain water services due to the non-
payment of a water account or otherwise.
g)
Upon the applicant's making a deposit to the City in the amount set by the City's
Water and Sewer Utility Rates and Fees Bylaw, and upon request of the
applicant, or in circumstances where the Director of Financial Services is of the
opinion that a meter is not accurate, the Director of Financial Services shall
cause such meter to be removed and tested. Where a meter is removed and
tested and:
(i)
the meter registers within the limits set out in the AWWA Standards for
water meter accuracy, the meter shall be deemed to be measuring
accurately and in the case of a deposit by the applicant, the deposit shall
be forfeited to the City; or
(ii)
the volume of water registered by the meter is more than 3 percent
above the volume actually passing through the meter, the meter shall be
deemed to be measuring inaccurately and in the case of a deposit by
the applicant, the deposit shall be returned to the applicant.
(iii)
where a meter is deemed to be measuring inaccurately pursuant to
Subsection 10(g), the account in respect of that meter shall be adjusted
by the Director of Financial Services and he shall add to or deduct from
the water account of the current applicant for the water service only in
respect of the billing period immediately preceding the applicant's last
water account so as to more accurately represent the cost of the water
actually supplied during that billing period. The opinion of the Director
of Financial Services in respect of the appropriate adjustments shall be
final and binding. All prior water accounts shall be deemed to be
properly rendered and payable in accordance with this Bylaw.
ACCESS TO LANDS, BUILDINGS OR STRUCTURES
11. a)
The Director of Public Works or the Director of Financial Services are
authorized to have free access at all reasonable times to those parts of
premises to which water services are or have been provided that he considers
necessary to fulfill the duties arising from the provision of water services
whether or not water is actually being supplied at the time access is required.
As evidence of his authority, the Director of Public Works or the Director of
Financial Services and any person acting on his instructions who requires
access to fulfill such instructions shall produce a City of Prince Albert
identification card.
b)
The Director of Public Works or the Director of Financial Services, City
employee or person acting under the direction of the Director of Public Works
or the Director of Financial Services shall have the right, at all reasonable times,
to enter any premises referred to in Subsection 11(a) for the purpose of
installation of a meter or other appliances appurtenant to the Waterworks
System and for any of the purposes referred to in Section 20 and 21 of the Act.
c)
The same persons referred to in Subsection 11(b) are hereby authorized to
enter any premises where water services are to be discontinued or are
discontinued to remove any fitting, wire, machine, apparatus, meter, pipe or
other thing that is appurtenant to the Waterworks System.
d)
Any water supplied by the City from the Waterworks System shall only be
supplied on the condition that, at his own cost, every applicant, owner, tenant
and occupant of premises where water services are provided shall ensure that
there is an easy means of access for the meter to be examined or read by
persons designated as having a right of access pursuant to this Bylaw.
PROTECTION OF WATERWORKS SYSTEM
12. Every applicant, owner and occupant of premises supplied with water services shall,
at his own expense, ensure that:
a) except as authorized by the Director of Public Works, no branch pipe shall be
taken from any part of a water service connection in a position capable of
directing water from the water service connection before the water has been
measured by the meter;
b) all water service connections, related Waterworks System appliances, pipes
and fixtures inside the property line of the premises at which water services
are supplied are kept in good maintenance and repair; and
c) the water service connection, valves, pipes, meters and other water services
appliances of the Waterworks System inside the property line of the premises
are protected against damage from tampering, frost or other source of damage.
INSTALLATION OF METERS
13.
a) Every person making application for a new water service connection to
premises pursuant to the Connections Bylaw shall provide for the installation
of meters within the premises:
(i)
in a horizontal position;
(ii)
allow convenient access to the meter at all times and with a clear space
of at least 50 centimeters around the meter; and
(iii)
in all single-family dwellings, in the basement utility area at or near the
entrance of electrical power and gas services or at a location approved
by the Director of Public Works.
b) At his own expense, every owner shall install and maintain a properly operating
isolating valve on both sides of the meter, being the inlet or upstream side and
the outlet or downstream side. All new water services shall have installed a
proper backflow preventer for the application to prevent the conveyance of
foreign material being forced backwards into the water distribution system
jeopardizing the safety of the potable water supply. The City may at any time
ask for and be provided maintenance records for the backflow preventer. The
owner and applicant shall regularly test the backflow preventer and keep same
in a well-maintained operable condition.
c) Every applicant shall be assessed a Subsequent Call-out fee as set by the
City's Water and Sewer Utility Rates and Fees Bylaw. Whenever City
employees are required to return to a property for subsequent visits due to:
(i)
the utility applicant or their contractor failing to comply with the
requirements of The Connections Bylaw No. 12 of 1995, or
(ii)
a City employee encountering an occupational health or safety
impediment that prohibits them from completing the meter installation or
removal, or
(iii)
insufficient heat or failure to prevent the meter from the potential of being
damaged as noted in Section 8(b(v) of Bylaw No. 37 of 2017.
OFFENCES AND PENALTIES
14. Any person who:
a) turns on or turns off or attempts to turn on or turn off water supply through a
water service connection;
b) breaks, causes or permits the breaking of any seal on any meter, pipe, valve
or other appurtenance of the Waterworks System;
c) fails to notify the Director of Financial Services of a broken seal on a meter,
pipe or appurtenance thereto;
d) removes or causes the removal of ground cover above any part of the
Waterworks System or a water service connection which reduces coverage to
less than 3 meters from the grade;
e) connects or causes the connection of any pipe or fixture capable of supplying
water services except in accordance with this Bylaw;
f) installs or causes the installation of a pump to increase water pressure on a
water service connection other than with the express approval of the Director
of Public Works;
g) hinders, obstructs or interferes with the Director of Public Works or the Director
of Financial Services or persons acting under the instructions of either in the
lawful exercise of their duties under this Bylaw or The Cities Act, 2002;
h) represents himself as a person designated pursuant to Section 11 of this Bylaw
when not so authorized;
i) without the consent of the Director of Public Works, enters or is found within:
(i)
the Water Treatment Plant High Lift Building, or the facilities or grounds
of same, situate upon real property civically described as 655 River
Street West, Prince Albert, Saskatchewan;
(ii)
the Water Treatment Low Lift Building, or the facilities or grounds of
same situate upon real property located north of, and across River Street
from, the property civically described as 655 River Street West, Prince
Albert, Saskatchewan;
(iii)
the facility known as the River Street Reservoir situate upon real
property located at River Street West and 7th Avenue West, Prince
Albert, Saskatchewan;
(iv)
the facility known as the 2nd Avenue West Reservoir situate upon real
property civically described as the north east corner of 23rd Street and
2nd Avenue West, Prince Albert, Saskatchewan; or
(v)
the facility known as the Marquis Road Reservoir situate upon real
property civically described as the west side of Central Avenue at 38th
Street West, Prince Albert, Saskatchewan; or
j) operates a fire hydrant without the consent of the Director of Public Works;
k) breaches any provision of this Bylaw;
l) jeopardizes the potable water quality or safety;
is guilty of an offence punishable on summary conviction, except if such person is
carrying out his duties as a person authorized to do so pursuant to Section 6 or 11
of this Bylaw.
15.
Any person in violation of a provision of this Bylaw shall be guilty of an offence and
shall be liable upon summary conviction to a fine not exceeding:
(a) $2,000.00 in the case of an individual; or
(b) $5,000.00 in the case of a corporation
16.
If any section, subsection, sentence, clause, phrase or other portion of this Bylaw
is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, that portion shall be deemed to be a separate, distinct and independent
provision, and the holding of the court shall not affect the validity of the remaining
portions of the Bylaw.
17.
Bylaw No. 47 of 2015 is hereby repealed.
18.
This Bylaw shall come into force and take effect upon the final passing of the
Bylaw.
INTRODUCED AND READ A FIRST TIME THIS 11TH DAY OF DECEMBER, AD 2017.
READ A SECOND TIME THIS 11TH DAY OF DECEMBER, AD 2017.
READ A THIRD TIME AND PASSED THIS 22ND DAY OF JANUARY, AD 2018.
"Greg Dionne"
"Sherry Person"
MAYOR
CITY CLERK