Corporation of The Nation Municipality By-law 5-2025
A By-law to provide for the regulation of water supply, external use of water, the installation, repair, maintenance, and access to water meters and related appurtenances, including penalties for offences for The Nation Municipality, and to repeal previous by-laws.
Whereas under section 11 of the Municipal Act 2001 a municipality may pass bylaws respecting matters within the sphere of jurisdiction of Public Utilities, and Public Utilities includes a system that is used to provide water services for the public;
And whereas section 80.(1) of the Municipal Act, 2001 as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility, to inspect, install, repair, replace or alter a public utility meter;
And whereas section 80. (3) of the Municipal Act, 2001 as amended, provides that if a customer discontinues the use of a public utility on land or a municipality lawfully decides to cease supplying the public utility to land, the municipality may enter on the land, to shut off the supply of the public utility, or to remove any property of the municipality, or to determine whether the public utility has been or is being unlawfully used;
And whereas section 391 of the Municipal Act, 2001 as amended, authorizes a municipality to pass by-laws imposing fees or charges for services or activities provided or done by the municipality;
And whereas the Ontario Building Code and the Safe Drinking Water Act authorize The Nation Municipality to enact by-laws to protect the drinking water supply;
And whereas Part 7 (Plumbing) of the Ontario Building Code, as amended, requires every municipality to regulate the connection of individual water services to a municipal potable water works;
And whereas The Nation Municipality wishes to install water meters on all residential, industrial, commercial and institutional establishments located within Limoges in The Nation, Limoges in Russell, Forest Park, Le Baron, Route 600 West Mobile Home Park and the Village of St Isidore that are connected to municipal water service;
And whereas The Nation Municipality deems it necessary to confirm the mandatory use and installation of water meters in The Nation Municipality that are connected to the municipal water service;
And whereas it is essential to the water system users of The Nation Municipality to have a reliable, safe supply of drinking water;
Now therefore the Council of the Corporation of The Nation Municipality enacts as follows:
Definitions
In this By-Law:
Building" shall mean structure supplied with water by The Nation Municipality;
"Contractor" shall mean a person, partnership, or corporation who contracts to undertake the execution of work commissioned by the Owner or the Municipality to install or maintain water mains, water services, services, hydrants and other appurtenances;
"Corporation" shall mean the Corporation of The Nation Municipality;
"Council" shall mean the Council of the Corporation of The Nation Municipality
"Cross connection" shall mean any temporary, permanent or potential water connection that may allow backflow of contaminants, pollutants, infectious agents, other materials or substance that will change the water quality in the water distribution system and includes without limitation, swivel or changeover devices, removable sections, jumper connections and bypass arrangements;
"Director of Water and Wastewater" shall mean the Director of Water and Wastewater of the Corporation of The Nation Municipality;
"Drinking water system" has the same meaning as in the Safe Drinking Water Act, 2002 as amended from time to time;
"Exemption permit" shall mean approval by the Operating Authority authorizing the permit holder to water newly laid sod, grass seed or hydro seeded area in accordance with the terms and conditions set out in the permit;
"External use of water" shall mean the use of water for any purpose outside the walls of any building located at a municipal address;
"Inspection" shall mean,
- an audit,
- physical, visual or other examination,
- survey,
- test, or
- inquiry;
"Inspector" Any designate of the operating authority (may include by law enforcement, building inspector)
"In-service" shall mean those parts of the water distribution system that have been approved by the Operating Authority for the provision of potable water and in which potable water is available for use;
"Live tap" shall mean a connection to the water distribution system that is in-service and in which isolation of a part or portion of the water distribution system cannot be undertaken;
"Mass Notification System" shall mean a platform that sends real-time alerts and information to a large group of people to help them respond to emergencies or keep people informed, such as "Alertable";
"Municipal Clerk" shall mean the Municipal Clerk of the Corporation of The Nation Municipality;
"Municipal easement" shall mean an easement in favour of The Municipality;
"Municipal Law Enforcement Officer" shall mean a municipal enforcement officer appointed by the Council of The Nation Municipality;
"Municipal right-of way" shall mean a right-of-way in favour of the Municipality;
"Municipality" shall mean The Nation Municipality;
"Occupant" shall mean any lessee, tenant, Owner, the agent of a lessee, tenant or Owner, or any person in possession of a premise;
"Operating authority" shall mean the municipal water and wastewater department;
"Other charges" shall mean those charges related to repairs, installations, services rendered, or other expenses, exclusive of charges included in water rates, frontage charges and sewage service rates, payable by the consumer as provided for in this bylaw or as directed by the Municipality Council;
"Owner" shall mean any person, including a corporation, who is the registered owner of the property under consideration including a trustee in whom land is vested, a committee of the estate, an executor, an administrator or a guardian. The obligations of the Owner under this by-law may not be transferred to a party which is not an Owner;
"Permit holder" shall mean the person to whom a Water Connection/Alteration Permit or exemption permit has been issued, or with whom an agreement has been signed, authorizing the installation, repair, renewal, removal or connection to the water distribution system in accordance with the terms and conditions of the permit or agreement;
"Person" shall mean an individual, association, partnership, corporation, municipality, Provincial or Federal agency, or any agent or employee thereof;
"Plan of subdivision" shall mean a plan approved by the Municipality that clearly outlines all details that are required to develop a parcel of land into a subdivision with individual parcels;
"Potable water" shall mean water that is fit for human consumption;
"Private water main" shall mean a pipe connected to a water main and installed on private property and from which more than one water service and/or hydrant lateral are connected;
"Site plan" shall mean a graphical plan of a proposed development illustrating all the features of the development including dwellings, commercial establishments, roads, and other public or private infrastructure that has been approved by the Municipality pursuant to the Planning Act;
"Temporary water service" shall mean:
(a) a pipe installed from the water distribution system by the Municipality for a municipal project, and for a specified temporary period of time; or
(b) a pipe installed with the permission of the Operating Authority for construction purposes;
"Water Wasting" shall mean let off or discharge water so that the water runs waste or useless out of the works; including the filling of pools, using municipal water to wash vehicles, driveways, exterior of house;
"Water connection/alteration permit" shall mean approval by the Municipality authorizing the permit holder to connect to the water distribution system in accordance with the terms and conditions set out in the permit;
"Water distribution system" shall mean the part of the Municipality's drinking water system that is used in the distribution, storage or supply of water up to and including the water shut-off valve, and is not part of a treatment system;
"Water main" shall mean every water pipe, except water services and portions of private water mains as herein defined, owned and operated by the Municipality;
"Water rates" shall mean rates and charges as defined in the water maintenance Fee by-law (being a by-law to establish charges for the use of The Nation Municipality Water System by users in the Village of Limoges in The Nation, Limoges in Russell Township, Forest Park, Le Baron and Route 600 West Mobile Home Park and the Village of St Isidore) as amended from time to time.
"Water meter" shall mean a device supplied by the Municipality to measure the quantity or rate of water flowing through a pipe that is used to supply a building;
"Water service" shall mean the portion of a water service pipe from the property line to the water meter location, or for a fire service to the inside of the exterior wall of a structure, i.e. an extension of a water service stub;
"Water service stub" shall mean the portion of a water service pipe from a water main to the water shut-off valve;
"Water shut-off valve" shall mean the valve on the water service or private main owned and used by the Municipality to shut off or turn on the water supply from the Municipality's water distribution system to any building;
"Water valve" shall mean the valve used to shut off or turn on the supply of water which forms part of the water distribution system;
"Water use analysis" shall mean the installation of a recording device to monitor the flow of water through a water meter over a given period of time;
2. ESTABLISHING OR ALTERING A WATER SERVICE
2.1. Water Connection/Alteration Permit
The Owner shall obtain a Water Connection / Alteration Permit prior to the installation, repair, renewal, removal, plugging, capping or disconnection of a private water main or a water service except where such a water connection has been specifically provided for and approved through the Municipality's Subdivision or Site Plan Approval process.
2.2. Requirements for permit
Applicants for a Water Connection/Alteration Permit shall complete and submit the appropriate forms, provide the required drawings and information, and pay the stipulated fees or charges to the satisfaction of the Municipality. The installation or disconnection of a private water main or a water service shall not commence until a Water Connection/Alteration Permit is issued and all required payments have been received.
2.3. Process for permit
Water Connection/Alteration Permit forms shall be available from the Building Department and are to be submitted to the Building Department along with any plans or drawings detailing the proposed connection, any other supporting information, and required fees.
The Operating Authority shall review the proposed alteration / connection and shall impose any condition that is deemed advisable and appropriate to ensure the integrity and safety of the water distribution system and the provision of potable water. Any conditions imposed will be identified in writing forming part of the approved permit and said conditions shall be complied with.
2.4. Extensions and connections
Extensions of and connections to the Municipality's water distribution system shall only be permitted where they conform to the United Counties of Prescott and Russell Official Plan.
2.5. Capital works
New water service connections and water service installations made in association with a capital works project of the Municipality shall be subject to all of the permit requirements of this by-law and the capital costs charges, and fees set out in applicable by-laws.
2.6. Installation - Municipality specifications
All water service pipes, and private water mains located within the Municipality property shall be constructed according to the Municipality's standards. All water service pipes, and private water mains located on private property shall be constructed in accordance with the Ontario Building Code as revised from time to time and in accordance with good practices and shall be approved by the Chief Building Official. Where the Ontario Building Code is silent the Municipality's specifications shall apply and shall prevail.
2.7. Installation inspection - by Municipality
All water service pipes and appurtenances installed, including those required by a Municipal Subdivision, Site Plan or Development Agreement must be inspected by the Municipality.
2.8. Installation - access for inspection
The Municipality and persons authorized by the Municipality for inspection shall be, at all times, entitled to enter any premises for the purposes of examining pipes, connections and fixtures which are used in connection with the water service pipe and/or service main.
2.9. Disconnection of service - permanent
When an Owner permanently discontinues the use of a water service or private water main for water supply to a building or buildings the water service pipe or private water main must be disconnected at the water main, the water main plugged or capped and the curb box and rod removed at the Owner's expense. All work must be inspected by the operating authority.
2.10. Opened loop systems - prohibited
No owner or occupant shall use or cause to be used any type of open loop water system as part of any heating, air conditioning or refrigeration equipment.
2.11. Hydraulic equipment connections - prohibited
No owner or occupant shall connect or permit to be connected to any part of the water system any hydraulic motor, elevator or other type of appliance that operates in whole or in part using potable water.
3. CROSS CONNECTIONS / BACKFLOW PREVENTION
3.1. Protection from contamination
No person shall connect, cause to be connected or allow to remain connected to the plumbing system within a building or water distribution system any piping, fixture, fitting container or appliance in a manner which under any circumstances may allow water, wastewater, non-potable water or any other liquid, chemical or substance to enter the plumbing system within a building or water distribution system. The means for protection from contamination shall be in accordance with the requirements of the Ontario Building Code Act, 1992, as amended from time to time.
There shall be no direct or indirect connection between water lines which are part of a private well and water lines which are part of the Corporation's water system(s). Failure to comply with this requirement shall result in immediate disconnection of the water supply from the Corporation and will also result in the penalty provisions of Section 9 of this By-law.
3.2. Inspection for cross-connections - access
Any person authorized by the Municipality to conduct an inspection of any component of the drinking water system or its appurtenances, whether privately owned or not has free access at all reasonable times, and upon reasonable notice given in accordance with this By-law, to all parts of every building or other premises to which any water service pipe is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any water service pipe, wire, rod or cross connection within or without the building.
3.3. Order to install control device
If a condition is found to exist which is contrary to Section 3.1 of this By-law, the Operating Authority shall immediately carry out an inspection and shall issue such order or orders to the Owner as may be required to obtain compliance with Section 3.1 of this By-law.
3.4. Failure to install - notice - water shut-off
If the Owner to whom the Municipality has issued notice pursuant to section 3.3, 3.5, 3.7, 3.8 or 3.9 fails to comply with that order or notice, the Operating Authority, at its discretion, may;
a) Give notice to the owner to correct the fault, at his/her expense, within a; Specified time period and, if the notice is not complied with, the Operating Authority may then shut off the water service or services; or
b) Shut off the water service or services upon complying with the notice provisions in this by-law.
3.5. Additional device on service
Notwithstanding sections 3.1, 3.3 and 3.4 of this by-law, where a risk of possible contamination of the water distribution system exists in the opinion of the Operating Authority, an Owner shall, on notice from the Operating Authority, install on his/her water service pipe a cross connection control device, approved by the Operating Authority, in addition to any cross connection control devices installed in the Owner's water system at the source of potential contamination.
3.6. Installation to required standards
Cross connection control or backflow prevention devices, when required by the Municipality, shall be installed in accordance with the Ontario Building Code and "CAN/CSA-B64.10-94 Manual for the Selection, Installation, Maintenance and Field Testing of Backflow Prevention Devices", as amended from time to time.
3.7. Inspection and testing - paid by Owner
All backflow prevention devices shall be inspected and tested at the expense of the Owner, upon installation, and thereafter annually, or more often if required by the Operating Authority, by personnel approved by the Operating Authority to carry out such tests to demonstrate that the device is in good working condition. The Owner shall submit a report on a form approved be the Operating Authority or any or all tests performed on a cross connection control device within ten (10) days of a test, and a record card shall be displayed on or adjacent to the cross connection control device on which the tester shall record the address of the premises, the location, type, manufacturer, serial number and size of the device, and the test date, the tester's initials, the tester's name (if self-employed) or the name of his employer and the tester's license number.
3.8. Failure to test device - notification - water shut-off
If an Owner fails to have a cross-connection control device tested, the Operating Authority may notify the Owner that the backflow prevention device must be tested within four (4) days of the Owner receiving the notice.
3.9. Repair - replacement - by Owner
When the results of a test referred to in Section 3.7 of this by-law show that a cross-connection control device is not in good working condition, the Owner shall provide written confirmation of the failure to the Operating Authority within twenty-four (24) hours of the test and make repairs or replace the device within four (4) days of the date of the test.
3.10. Removal of device - permission by Municipality
No person shall without the prior written approval of the Operating Authority remove any cross-connection control or backflow prevention devices installed as a requirement of provincial legislation or by order under Section 3.3 notwithstanding the fact that the applicable provincial regulation has been rescinded.
4. INSPECTION AND ACCESS TO PROPERTY
4.1. Inspection powers
The Operating Authority or any person designated by it as inspector for purposes of this by-law may, at reasonable times enter onto any land or building on which the Municipality supplies drinking water for the following purposes:
a) to install, inspect, repair, alter, or disconnect the service pipe or wire, machinery, equipment and other works used to supply drinking water to the building or land;
b) to inspect, install, repair, replace or alter a water meter; or
c) to determine if this by-law, an order, or condition to any permit is being complied with.
4.2. Reduce supply of water
For the purpose of carrying out an installation, inspection, repair, disconnection or other work the Municipality may shut off or reduce the supply of water to any building or land.
4.3. Entry on land - discontinue supply
If an owner discontinues the use of the water supply or the Municipality lawfully decides to cease the supplying water to any building or land, the Operating Authority may enter onto the premises:
a) to shut off the supply of water
b) to remove any property of the Municipality
c) to determine whether the supply of water is being used lawfully
4.4. Access to dwellings
An inspector shall not enter a place being used as a dwelling unless:
a) the consent of the occupier is first obtained, ensuring the occupier is first advised that entry may be denied, and, in such circumstance, entry can only occur thereafter under authority of a warrant;
b) a warrant under section 158 of the Provincial Offences Act is obtained;
c) the delay necessary to obtain a warrant or the consent of the occupier would result in the immediate danger to the health or safety of any person; or
d) The entry is for the purpose of section 4.1 or 4.3 and the notice provisions of this by-law have been complied with.
4.5. Entry on land - notice requirements
Whenever an inspector exercises a power of entry pursuant to this By-law, the inspector shall:
a) provide reasonable notice of the proposed entry to the occupier of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place for three consecutive days prior to entry;
b) where the proposed entry is an inspection authorized by sections 4.1 or 4.3, the inspector must provide reasonable notice by means of personal service only;
c) in so far as is practicable, restore the land to its original condition where any damage is caused by the inspection; and
d) Provide compensation for any damage caused and not remedied.
4.6. Municipality expenses
All costs incurred by the Municipality to perform work required by this by-law shall be charged to the Owner of the property where such work is performed and shall be collected according to law, and until paid, such cost shall remain a lien on such property and may also be collected in the like manner as taxes. The Municipality shall not be held responsible for the cost of restoration.
5. WATER METERS
Water meter installation, repair, maintenance and access
5.1 All water supplied by the Corporation through water service connected to the municipal water service shall pass through a meter supplied by the Corporation for use upon such premises, and the water rate charged shall be that fixed from time to time by the Corporation.
5.2 All meters and related appurtenances shall be supplied and installed by persons authorized by the Corporation for that purpose.
5.3 The Corporation's cost of supplying, relocating and installing water meters and related appurtenances shall be recovered as follows:
5.3.1 Property owners connecting to the Limoges or St-Isidore water service shall be responsible for the cost of the water meter, in accordance with the applicable Fees and Charges By-law, as amended from time to time.
5.3.2 If the meter is mechanically defective, the cost of repairs shall be paid by the Corporation, but if the meter is damaged by the carelessness or neglect of any person other than an employee or agent of the Corporation, the owner of the premises shall pay to the Corporation the cost of making the necessary repair to such meter.
5.4 If a meter fails to register, the consumer will be charged a minimum consumption based on the average consumption of the last year or, if such data is unavailable, then the cost shall be pro-rated annually based on the previous year's fee.
5.5 All water passing through a meter will be charged, regardless of whether it is used or wasted. It is the full responsibility of the property owner to pay for all water charges as detailed in the Water Maintenance Fee By-Law.
5.6 The owner of premises to be supplied with water agrees to provide convenient and safe space, free of charge or rent, for the Corporation's meter, pipes and other appliances on said premises, and further agrees that no one who is not a servant or agent of the Corporation or otherwise lawfully entitled to do so, shall be permitted to remove, inspect or tamper with any of the Corporation's said equipment.
5.7
5.7.1 The owner is responsible for taking all necessary precautions to prevent frost damage to the meter and water service connection when away from the premises for an extended period; otherwise, repairs will be at the owner's expense.
5.7.2 Where a meter cannot conveniently be placed inside a building, it shall be placed in a meter pit, the location and construction of which shall be discussed with the owner or occupant of the premises and shall be constructed in a manner approved by the Corporation, the cost of which shall be paid by the consumer.
5.8
5.8.1 Upon written request from the consumer and payment of a deposit as set out in the fees and charges By-Law, the Corporation will remove and test a meter. If the meter is found to register correctly or not to exceed a 5% discrepancy, the consumer's deposit shall be forfeited towards the cost of the test and any additional expense incurred in removing, testing and reinstalling the meter shall be paid for in full by the consumer requesting such test, plus the consumption undercharged of the previous three (3) months based on the water rate prior to the testing,
5.8.2 If a meter, when tested, is found to register in excess of a 5% discrepancy in favor of the consumer, a refund will be made to the consumer of an amount equal to such excess percentage of the water rates paid for the previous three (3) months prior to the testing, plus the consumer's deposit for the test; provided, however, that no reduction shall be made to reduce the water rate for the previous three (3) months prior to the testing below the minimum water rate established by Council.
5.9 No reduction shall be made as provided in section 5.8 if the owner or occupant of the building has not complied with any provisions of this by-law.
5.10 One (1) meter shall be placed in each single family residential, multi-family residential, commercial, industrial and institutional private water service that has a single connection to the Corporation's water works and the plumbing shall be so arranged that all water used on such premises shall pass through such meter and the owner of the premises shall be held liable for water charges.
5.11 Any person authorized by the Corporation for the purpose of inquiring into the compliance with the provisions of this By-Law shall have free access to the premises at all reasonable times. Upon reasonable notice given and request made to the owner/occupant and lands to which municipal water is supplied, no person occupying or in charge or apparently in charge of such buildings or other premises or lands shall refuse access to such authorized person
5.12 Every meter shall be placed in such location as the persons authorized by the Corporation shall direct. If possible, the water meter shall be installed in the basement of residential buildings and shall be located immediately after the main shut-off valve on the owner's plumbing system, so as to ensure that all water supplied to the building passes through the meter. In the event that a building has no basement, the water meter shall be installed in another location in the building or in a meter pit as authorized by the Corporation.
5.13 The location of a meter, once installed to the standards of the Corporation, shall not be changed by any person except by persons authorized by the Corporation.
5.14 Any leak that may develop at the meter or its couplings must be reported immediately to the Corporation. The Corporation shall not be held responsible for any damages resulting from such leaks.
5.15 The Corporation may enter into agreements with others to provide for the installation of water services or meters in any manner satisfactory to the Corporation.
5.16 All sums charged for expenses incurred for the repair of meters, fixtures and all other appurtenances connected to the water service or for damage to same, as per section 5.3.5 shall be charged to the owner of the premises. If these charges remain unpaid, they shall be collected in the same manner as municipal taxes.
5.17 Any request for a reading of a meter prior to or after a regular reading schedule shall be subject to a fee as established by the fees and charges for municipal services.
5.18 A consumer, for the purpose of payment for the supply of water, shall be deemed to be the owner of the premises and in the event of tenant or other occupant; the registered owner shall be liable for water rates and charges.
6. OPERATION AND MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM
6.1. Maintenance of water service stub - Municipality
The water service stub shall be maintained by the Municipality at the Municipality's expense from the water main to the property line.
6.2. Maintenance of service extension and private water main - Owner
The property Owner shall be responsible for repairing all defects, including breaks in the water service line, private water main, meter pit, or any other water-related infrastructure such as private roads or subdivisions connected to the water system. If the Municipality identifies such a defect, the Owner will be notified. Should the Owner fail to carry out the necessary repairs within seven (7) days from the date of notification, or within an alternate timeframe deemed necessary by the Operating Authority, the Municipality reserves the right to discontinue the water supply to the property.
6.3. Operation of water shut-off valve
No person, other than persons authorized by the Operating Authority for that purpose shall be permitted to operate the water shut-off valve to any premises.
6.4. Access to water shut-off valves
All water shut-off valves must be left clear and accessible at all times so that the water in the water service pipe and private water mains may be turned off or on as may be found necessary by the Operating Authority.
6.5. Responsibility for protection, water loss, damage
All water service to and including the water meter shall be properly protected from frost and any other damage at the expense and risk of the Owner of the prop"