CORPORATION OF THE NATION MUNICIPALITY
BY-LAW NO. 145-2024
BEING a by-law to establish charges for the use of Nation Municipality Water System by users in the areas of The Nation Municipality as listed in Schedule "A" to this By-Law.
WHEREAS pursuant to the authority granted by Sections 8, 9, and 11 and Part XII of The Municipal Act, S.O. 2001, c.25, as amended, the Council of The Nation Municipality may pass By-Laws for the setting of fees and charges for services;
AND WHEREAS section 391(1) of the Municipal Act, 2001 provides that a municipality may impose fees and charges for services;
AND WHEREAS section 391(2) of the Municipal Act, 2001 provides that a fee or charge may be imposed for capital costs related to services or activities for which persons are not receiving an immediate benefit from but who will receive a benefit at some later point in time;
AND WHEREAS subsection 398 (2) of the Municipal Act, 2001 provides that a municipality may add fees and charges for the supply of water to the tax roll and collect them in the same manner as municipal taxes;
AND WHEREAS Ontario Regulation 581/06 provides that fees or charges imposed for the supply of water under the Act and added to the tax roll under Subsection 398(2) of the Act have priority lien status as described in Section 1(3) of the Act;
AND WHEREAS water usage rates are established annually by by-law to produce sufficient revenue to meet the estimated budget required for operation, maintenance and renewal of the water system;
AND WHEREAS the Council deems it appropriate and beneficial to set such water rates, and amend those rates from time to time;
DEFINITIONS:
"Act" shall mean the Municipal Act, 2001 S.O. 2001, C.25, as amended
"Backwash flow" is defined as a step to remove sediment and debris from the water that is sent to the wastewater lagoon for treatment. The funds shall be transferred to the wastewater system where the sediment and debris are being treated.
"Capital Costs" is defined as an amount that is used for the capital infrastructure replacement and any surplus of the year is set in a reserve fund for future capital cost.
"Consumption" is defined as the measured quantity of water flowing through a pipe that is used to supply a building.
"Commercial, industrial, agricultural and or institutional uses" is defined separately from a lot equivalency based on the usage or any number of buildings, which are used for commercial, industrial, agricultural, or institutional purposes, the lot shall be assigned a multi-lot equivalency, which shall be defined by an engineer appointed by The Nation Municipality. For calculating the number of equivalent units each 492.75 cubic meter shall be equivalent to one unit.
"Cubic Meters" is defined as a type of measurement (volume) used for the purpose of calculating the quantity of water that goes through the water meter.
"Lot Equivalency" is defined as a lot whereby a single dwelling unit is or will be used for residential purposes.
"Multiple Equivalency Unit" is defined as a combination of lot equivalency for single dwelling and, commercial, industrial, agricultural and or institutional uses. The Multiple Equivalency Unit is established at the time of a building permit application or change of use for the establishment as determined by the municipality.
"Normal Consumption" is defined as 40 cubic meters used for a single-family dwelling, quarterly.
"Unit" is defined as a single quantity of occupancy regarded in calculation and determined as a standard of measurement. For calculating the number of units, the first unit, regardless of size, shall be one and any additional unit 700 square feet or less shall be set out as 0.50 of a unit per connection and any additional units 701 square feet or more shall be deemed as one unit.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of The Nation Municipality enacts as follows:
1) The water service rates imposed upon the owners or occupants of lands which are supplied with water service apply to the service areas as defined in Schedule "A" to this By-Law.
2) Water service rates are hereby imposed as defined in Schedule "B" to this By-Law.
3) The rates and charges imposed in Schedule "B" to this By-Law shall be billed on a quarterly basis.
4) For properties that have multiple equivalency units, the cubic meter consumption shall be multiplied by that same rate as set out in Schedule "B" to this By-Law. For example, duplexes that have a multiplier of 1.65 shall be imposed the rates applicable to the consumption of 66 cubic meters. (40 x 1.65 = 66).
5) In the event of a change in property owner, the applicable charges as set out in Schedule "B" to this By-Law, including where there is not yet a meter installed, shall be prorated for the proportion of water consumption or period of ownership.
6) Any property owner who must install a water meter shall be imposed the prorated rates as set out in Schedule "B" to this By-Law no later than three months after being provided with a meter or at the date of the meter installation, whichever comes first, thereby receiving benefit for the water service.
7) If a property has more than one water meter, each meter shall be charged as set out in Schedule "B" to this By-Law.
8) If a meter fails to register, the consumer will be charged a minimum consumption based upon the average consumption of the last three months or, if such data is unavailable, then the cost shall be pro-rated annually based on the previous year's fee.
9) If a meter has never registered after installation, the property will be charged an estimated consumption of 40 cubic meters per equivalent unit quarterly until the actual consumption can be measured for a quarter, at which time it shall be adjusted to conform to the normal consumption for the property.
10) Where for any reason the consumption of water for a property has not been recorded or where in the opinion of the Treasurer the consumption of water has been incorrectly recorded, the Treasurer shall estimate the quantity of water consumed and the owner shall be liable to pay the rates applicable as set out in Schedule "B" to this By-Law.
11) Where because of frost penetration on the street it may be expedient to allow the consumer to run water at a continuous rate to prevent freezing the service pipe, the Treasurer shall estimate the quantity of water, shall authorize such usage, and shall adjust the billing to conform with normal consumption for the property.
12) The charges set out above shall become due and payable in the following installments:
a) On or before the last working day of April for the period of January to March.
b) On or before the last working day of July for the period of April to June.
c) On or before the last working day of October for the period of July to September.
d) On or before the last working day of January for the period of October to December.
13) Payments made by mail shall be deemed received by the Municipality on the date it is received at the municipal office.
14) Payment made through Electronic Funds Transfer (EFT) shall be deemed received by the Municipality on the date the funds are received in the municipality's bank account.
15) Notwithstanding Section 13 above, the due dates for enrolled property owners in the pre-authorized payment plan method shall be in accordance with the pre-authorized payment plan and Section 17 will not apply on unpaid balances if payments are in accordance with the plan.
16) Overdue accounts shall incur a penalty of 1.25 % per month calculated on the first day of each month and every month the default continues.
17) Partial payments on accounts which are in arrears shall be applied in each instance to the oldest arrears outstanding.
18) Penalties and interest added in default shall become due and payable and shall be collected as if same had originally been imposed and form part of such unpaid balance.
19) The Municipality may mail or cause to be mailed to the residence or place of business of such person indicated on the last revised assessment roll a written or printed notice specifying the amount of water service payable.
20) On all properties to which the public utility billing for the water service is provided, and for which amounts are outstanding as of February 1st of the following year of the passing of this by-law, the amounts owing shall be added to the tax roll and shall become collectable in the same manner as municipal taxes as per Section 398 (2) of the Act. An additional service charge of $36.00 shall be added to each account number for transferring the outstanding balance onto the municipal taxes.
21) Where an illegal connection to the water service is found, the rates as set out in Schedule "B" to this By-Law shall be retroactive up to when the presumed by-pass took place as determined by the Water and Wastewater Director in conjunction with the Treasurer.
22) In addition to Section 22 above there shall be a 25% additional administrative charge for the infraction.
23) The water services are payable at The Nation Municipality Office, Casselman, ON, or at the Satellite Office, Fournier, ON, or electronically through a registered financial institution.
EFFECTIVE DATE:
24) The provisions of By-Law 53-2021 as amended apply to all water
serviced properties.
25) By-Law 9-2024 is hereby repealed.
26) This By-law shall come into force and take effect on January 1, 2025.
READ A FIRST, SECOND AND DULY PASSED UPON THE THIRD READING THIS 16TH DAY OF DECEMBER 2024.