By-law - Waterworks and Meter - 20260428 - 6777-26The Corporation of the Town of Aurora
By-law Number 6777-26
Being a By-law to regulate waterworks, water meters and water rates.
Whereas subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
(the “Municipal Act”) provides that powers of a municipality shall be interpreted broadly
so as to confer broad authority on the municipality to enable the municipality to govern
its affairs as it considers appropriate and to enhance the municipality’s ability to
respond to municipal issues;
And whereas section 11 of the Municipal Act provides that The Corporation of the Town
of Aurora (the "Town") may pass by-laws relating to public utilities, including matters
affecting water distribution, relating to health, safety and well-being of persons, and
relating to services and things that the municipality is authorized to provide;
And whereas the Town operates and maintains a municipal Drinking Water System;
And whereas subsection 80(1) of the Municipal Act states that a municipality may, at
reasonable times, enter on land to which it supplies a public utility, to (a) inspect, repair,
alter, or disconnect the service pipe or wire, machinery, equipment, and other works
used to supply the public utility; or (b) inspect, install, repair, replace, or alter a public
utility meter;
And whereas subsection 391(1) of the Municipal Act states that a municipality may
pass by-laws imposing fees or charges on persons for services or activities provided or
done by or on behalf of it;
And whereas the Town deems it necessary and expedient to repeal By-law No. 3305-91
and replace it with a new by-law to establish regulations for the water distribution
system, and the installation, repair, maintenance, and access to water meters and their
appurtenances;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Short Title
1.1 This by-law shall be known and may be cited as the “Waterworks, Water Meter
and Water Rates By-law”.
2. Definitions and Interpretation
2.1 In this by-law, the following words shall have the following meanings:
(a) “Account” means the record of water consumption and fees and charges
relating to a Property;
(b) “Account Holder” means the person(s) whose name is on an Account;
(c) “Advanced Metering Infrastructure” means all aspects related to
collection, transmission, storage, and monitoring of consumption,
diagnostic and status data from metering devices by an automatic two-
way metering infrastructure including the related equipment, software and
hardware as may be implemented by the Town for the purposes of billing,
data analyzing, and remote utility management;
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(d) “Applicant” means any person who makes an application under this
by-law;
(e) “AWWA Standards” means the standards adopted by the American Water
Works Association, as amended from time to time;
(f) “Back Charges” include any charges and costs incurred by the Town to
correct deficiencies in an Account, including a stopped Water Meter, illegal
connections, Water Meter in by-pass, tampered Water Meter, open by-pass
valve, Water Meter Reversal, incorrect Water Meter conversion multiplier,
non-sewer charges, and other situations which may cause the Town to
lose water sale revenue due to an improper use of Water or the
Waterworks System;
(g) “Backflow” means the flowing back of or reversal of the normal direction
of flow of water;
(h) “Backflow Preventer” means a device that prevents Backflow in a water
distribution system;
(i) “building” shall have the same meaning as set out in Building Code Act
and includes anything constructed or built permanently or temporarily
which is connected, or where such a connection is proposed or ought to
be proposed, to the Town’s Drinking Water System;
(j) “Building Code” means the building code as enacted or adopted pursuant
to section 34 of the Building Code Act, as amended or its successor;
(k) “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23,
as it may be amended or replaced from time to time;
(l) “Building Control Valve” shall have the same meaning as set out in
Building Code;
(m) “Bulk Water Fee” means a fee charged for purchasing large volumes of
water directly from the Town other than through a Water Meter, at the rate
set out in the Fees and Charges By-law;
(n) “Business Day” means Monday to Friday inclusive, but excludes any
public holiday as defined in the Employment Standards Act, 2000, S.O.
2000, c. 41, as amended;
(o) “Council” means the elected Council of the Town;
(p) “CYFS” means the Central York Fire Services;
(q) "Director" the department head responsible for the Operational Services of
the Town, or their designate or successor;
(r) “Drinking Water System” means a drinking water system as defined in the
Safe Drinking Water Act, 2002, S.O. 2002, c. 32, as amended or successor
legislation thereof;
(s) “Dwelling” means a suite in a building operated as a housekeeping unit,
used or intended to be used as a domicile by one or more persons and
usually containing cooking, eating, living, sleeping and sanitary facilities;
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(t) “Fees and Charges By-law” means the Town’s Fees and Charges By-law,
as amended or its successor;
(u) “Flat Rate” means a fixed charge imposed by the Town on any person who
regularly receives water from the Town other than through a Water Meter,
for purposes other than construction and where the Bulk Water Fee does
not apply, at the applicable rate set out in Schedule “A” of this by-Law, as
amended from time to time;
(v) “ICI” means industrial, commercial, and institutional;
(w) “Meter Room” means a dedicated space within an ICI building designed to
house utility meters (electricity, water, or gas) and related equipment;
(x) “Metered Rates” means the rates charged for water that passes through
Water Meter, as set out in Schedule “A” of this by-law, as amended from
time to time;
(y) “Occupancy Certificate” means a document issued by the Town indicating
a building to be in a condition suitable for occupancy, pursuant to
applicable law;
(z) “Occupier” includes any person residing on or in a Property, including a
tenant, leaseholder, and occupant, any person entitled to the possession
of the Property if there is no other person residing on or in the Property,
and, where that person is a corporation, shall include the officers,
directors, and shareholders of that corporation;
(aa) "Officer" includes the Director and any other individual(s) designated or
appointed by the Director to enforce this by-law, and also includes any
person appointed by the Town as a Municipal Law Enforcement Officer
and any police officer;
(bb) “Ontario Watermain Disinfection Procedure” means the Watermain
Disinfection Procedure issued by the Province of Ontario’s Ministry of the
Environment, Conservation and Parks, as amended from time to time or its
successor;
(cc) “Owner” means a person who has any right, title, estate, or interest in a
Property, other than that of only an occupant, and, where that person is a
corporation, shall include the officers, directors, and shareholders of that
corporation, and shall include any person with authority or power over or
control of that Property on the behalf of an Owner;
(dd) “person” includes an individual, sole proprietorship, partnership, limited
partnership, trust or body corporate, or an individual in their capacity as a
trustee, executor, administrator or other legal representative, as applicable
in the context;
(ee) “Plumbing” means a drainage system, a venting system, and a water
system or parts thereof;
(ff) “Private Fire Service Main” means pipes, fittings, and appurtenances that
convey water exclusively for the purpose of fire protection or suppression;
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(gg) “Private Water Service Pipe” means the pipe, fixtures, and fittings which
convey Water from the Water Service Connection to a Water Meter, or to
the point where the pipe and fittings connected to the Water Service
Connection enter a Building or structure if there is no Water Meter;
(hh) “Private Water System” means an assembly of pipes, fittings, valves, and
appurtenances that convey Water from the Private Water Service Pipe to
water supply outlets, fixtures, Plumbing appliances, devices, and
appurtenances, and all other points downstream of the Street Line or
downstream of the point where the Private Water Service Pipe enters a
Building or structure if there is no Water Meter;
(ii) “Property” means any property, lot, premise, suite or unit, including those
used for ICI purposes, which has a unique municipal address and is
adjacent to the Town’s Drinking Water System;
(jj) “Provincial Offences Act” means the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended, or any successor thereof;
(kk) “Remote Readout Unit” means any device which is used to record or
transmit the water consumption reading of a Water Meter, whether or not
it is installed at a separate location from the Water Meter, but does not
include the Water Meter register;
(ll) “Road Allowance” means any right of way or highway of the Town or The
Regional Municipality of York;
(mm) “Standards and Specifications” means the Town’s Design Criteria Manual
for Engineering Plans, as it relates to sewers and watermains, and as
amended from time to time or its successor;
(nn) “Street Line” means the boundary of a Property abutting a Road
Allowance;
(oo) “Town” means The Corporation of the Town of Aurora and, where an
authority or discretion is conferred upon an official or representative under
this by-law, means the appropriate official or representative of the Town
as designated or appointed from time to time;
(pp) “water’’ means potable water supplied by the Town;
(qq) “Water Meter” means an apparatus which measures and records the
quantity of water passing through it and is read, serviced and supplied by
the Town;
(rr) “Water Meter Chamber” means an underground structure housing a Water
Meter;
(ss) “Water Rates” means the rates charged for obtaining water from the
Town, including Metered Rates, Bulk Water Fees, and Flat Rates, and for
related services, including wastewater and storm water services, all as set
out in Schedule “A” of this by-law and/or the Fees and Charges By-law, as
applicable;
(tt) “Water Service Connection” means the pipes, fittings, and appurtenances
situated between the Street Line and the watermain which are used for the
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purpose of supplying a Property with Water from the Town’s Drinking
Water System;
(uu) “Water Shutoff Valve” means the valve on the Water Service Connection,
located at a Street Line, which is used by the Town to shut off or turn on
the Water supply from the Town’s Drinking Water System to a Property;
and
(vv) “Waterworks System” means any works for the collection, production,
treatment, storage, supply, transmission, and distribution of water,
including bulk water, by the Town, or any part of any of these works,
including the Water Service Connection, but does not include Plumbing to
which the Building Code Act applies.
2.2 The provisions of this by-law shall apply to:
(a) every person, and every Owner of a Property, that uses or draws water
from the Waterworks System;
(b) all lands and Properties within the Town of Aurora.
2.3 Unless otherwise specified, references in this by-law to parts, sections,
subsections, clauses and schedules are references to parts, sections,
subsections clauses, and schedules in this by-law.
2.4 The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this by-law. This by-law is to
be interpreted without reference to such headings.
2.5 References in this by-law to any statute or statutory provisions include
references to that statute or statutory provision as it may from time to time be
amended, extended, or re-enacted.
2.6 This by-law shall be read with all changes in gender or number as the context
requires.
2.7 References in this by-law to items in the plural include the singular, and
references to the singular include the plural, as applicable.
2.8 The words “include”, “includes”, “including” are not to be read or interpreted as
limiting the words, phrases, or descriptions that precede it.
2.9 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
2.10 In the event of a conflict between the provisions of this by-law, the Building Code,
or any other by-laws of the Town, the provision that imposes the highest
standard for the protection of public health, safety, and welfare shall apply.
Where uncertainty arises in determining the highest standard, the Director shall
make the determination.
By-law Number 6777-26 Page 6 of 26
3. Water Use
3.1 No person shall sell or dispose water, or permit the sale or disposal of water,
without the prior written permission of the Town, unless such water has been
obtained from the Town in compliance with the provisions of this by-law.
3.2 No Property or person shall obtain water from the Waterworks System without
prior written approval of the Town and paying the applicable Water Rates and any
other applicable charges and fees.
3.3 No person shall directly or indirectly connect, permit, cause to be connected, or
allow to be connected, a well to the Drinking Water System.
3.4 No person, except Town employees or persons authorized in writing by the Town,
shall open or close any valve, hydrant, or gate in the street mains, or operate,
alter, or otherwise interfere with the Waterworks System in any manner.
3.5 All supply of water by the Town shall be subject to restrictions that may be put in
place by the Town or the Regional Municipality of York, whether pursuant to any
by-law or otherwise.
3.6 There shall be no connection between the Waterworks System and any other
water or wastewater source, including but not limited to any cisterns, wells,
privies, privy vaults, cesspools, private pressure pumps, geothermal systems, or
internal building plumbing, regardless of whether there is a Backflow Preventer.
3.7 Any new connection to the Waterworks System must be approved by the Town in
accordance with this by-law, and meet all the requirements of the Ontario
Watermain Disinfection Procedure, the requirements of the Standards and
Specifications, and any other requirement the Director deems necessary.
4. Water Rates and Billing
4.1 All water which is registered on a Water Meter or otherwise obtained from the
Town’s Waterworks System shall be subject to the Water Rates established by
the Town and be billed to the Account based on consumption of water, unless
permitted to be charged at an unmetered rate pursuant to this by-law.
4.2 In addition to payment for water under subsection 4.1, all Properties to which
water is provided through the Waterworks System shall be subject to the rates
established by the Town for wastewater and/or storm sewer services as
established under Schedule “A”, which shall form part of the Property Water
Rates.
4.3 The Account Holder shall be responsible and liable for all Water Rates, and all
other fees and charges, which are charged to and associated with the Account,
including any charges associated with non-compliance of this by-law. Where the
Owner of a Property is not the Account Holder, the Owner of such Property shall
be jointly and severally liable for the payment of all Water Rates, and any other
fees and charges, that become payable for such Property.
4.4 The Town shall be responsible for reading Water Meters as directed by the
Director.
4.5 Failure to pay for water billed by the Town, by the deadline provided in such a bill,
shall be a contravention of this by-law and entitle the Town to shut off the supply
By-law Number 6777-26 Page 7 of 26
of water to the Water Service Connection of the Property associated with the
overdue Account.
4.6 All overdue amounts under this by-law shall be subject to late fees and interest
rates as set out in the Town’s Fees and Charges By-law.
4.7 Any amounts owing to the Town pursuant to this by-law may be added to the tax
roll of the associated Property and be collected in the same manner as taxes.
4.8 If the Town has shut off the supply of water to a Property or a Water Service
Connection due to non-payment, the Town shall not accept or approve any
application for the supply of water to that Property or connection until all
outstanding amounts, including arrears, fees, interest, and related charges, have
been paid in full. A change in ownership of the Property does not eliminate,
reduce, or otherwise affect the obligation to pay such outstanding amounts,
which remain attached to the Property until satisfied.
4.9 In the event of any by-law non-compliance, the Owner of the Property associated
with the non-compliance shall be responsible for paying to the Town all
inspection-related fees for each attendance at the Property by the Town or its
authorized agents, including any fees associated with each inspection, charges
for any work or activities undertaken, and any applicable overhead costs and
taxes.
4.10 Unless otherwise indicated in this by-law, all fees payable pursuant to this by-law
shall be as set out in the Town’s Fees and Charges By-law.
4.11 The Town may, from time to time, change the Water Rates without notice to any
person.
4.12 All fees and administrative costs associated with this by-law are non-refundable.
5. Water Meters
5.1 This section 5 shall not apply to:
(a) water used by the Town, or by the CYFS or other authorized fire services
personnel carrying out fire fighting or fire prevention activities;
(b) water used for construction purposes as approved in writing by the
Town; or
(c) where the use of water without a Water Meter is otherwise permitted by
this by-law.
5.2 No person, except for authorized Town personnel acting in the course of their
duties or authorized agents or contractors expressly acting within the scope of
authority provided by the Town, shall use, or permit the use of, water that has not
passed through a Water Meter.
5.3 All Owners shall have a Water Meter installed and in use at their Property where
such Property is supplied with water by the Town.
5.4 Notwithstanding subsections 5.2 and 5.3, any Property receiving water service
from the Town on a Flat Rate basis as of the date of the coming into force of this
by-law, due to circumstances which do not reasonably allow for the installation of
By-law Number 6777-26 Page 8 of 26
a Water Meter or as otherwise expressly permitted by the Director, may continue
to use water without a Water Meter, provided that the Owner of such a Property:
(a) pays to the Town the applicable Flat Rate, or as otherwise agreed upon in
writing by the Director, until a Water Meter is installed; and
(b) ensures that a Water Meter is installed, in accordance with this by-law,
following a request for the water service at the Property to be temporarily
shut off, including for the purposes of renovation or redevelopment, unless
otherwise approved in writing by the Director; and
(c) following the installation of a Water Meter pursuant to subsection (b) of
this section, any Property or Owner receiving water service from the Town
shall become subject to the requirements of subsections 5.2 and 5.3,
regardless of any previous flat-rate charges or the timing of a request for a
metered connection, unless otherwise agreed upon in writing by the
Director or if the use is not governed by this section 5.
Notwithstanding the above, and in addition to anything else in this by-law, the
Town may, at any time at the Director’s discretion upon provision of notice,
revoke the right to continue water use without a Water Meter. Upon provision of
such notice, the Property and Owner receiving water service from the Town shall
become subject to the requirements of subsections 5.2 and 5.3.
5.5 The Plumbing on each Property shall be so arranged that all water supplied by
the Town to each Property shall be measured through one single Water Meter per
Water Service Connection and the Owner of the Property shall be liable for all
associated water charges regardless of the number of Dwellings, buildings, or
Occupiers on such Property, unless otherwise agreed to in writing by the Director.
5.6 Notwithstanding subsection 5.5, any Property that, as of the effective date of this
by-law, is equipped with more than one Water Meter, or is supplied by water
through a shared Water Meter with another Property, and has been receiving
water service from the Town in that manner, shall be deemed to be in compliance
with subsection 5.5, provided that:
(a) the Water Meters were installed in accordance with any applicable
regulations, Town requirements, and with the Town’s approval at the time
of installation; and
(b) the Owner of the Property on which the Water Meter is located continues
to be liable for all Water Rates and other charges associated with each
Water Meter.
Notwithstanding the above, the Town reserves the right to require consolidation
to a single Water Meter in the event of redevelopment or a change in use of the
Property.
5.7 No person, except a Town employee or authorized agent of the Town, shall
tamper with, reverse, unseal, alter, or otherwise interfere with a Water Meter, or
cause or permit the tampering, unsealing, reversing, alteration, or interference of
a Water Meter.
5.8 No person shall connect any pipes or other appurtenances to direct flow from a
Private Water Service Pipe upstream of a Water Meter.
By-law Number 6777-26 Page 9 of 26
5.9 The Town may seal or re-seal any Water Meter, for any reason, if the Town
determines, at its own discretion, that the Water Meter should be sealed or re-
sealed.
5.10 In addition to and without limiting anything else, if water has been obtained from
the Town without having a Water Meter installed on a Property, unless otherwise
permitted or agreed upon in writing under this by-law or by the Director, the Town
shall charge the Account of such Property a fee for the water based on the
estimated consumption, or the applicable Flat Rate, whichever is greater, as
determined by the Director from the date of occupancy or water connection,
whichever occurs first, until the date a Water Meter is installed. For clarity,
nothing in this subsection authorizes any unmetered water use or any
contravention of this by-law, nor does it relieve any person from compliance with
the provisions of this by‑law.
6. Application for Water Meter
6.1 Only the Owner can request a new connection to the Waterworks System.
6.2 An application for a Water Meter for a Property, or for changing a Water Meter
size, shall be provided to the Town on the form as prescribed by the Director.
6.3 For ICI Water Meter applications only, the Applicant shall provide the Town with
the calculated peak flow rate to pass through the Water Service Connection,
which is supplied and certified by a professional engineer, along with information
on the type of business and the number of occupants or employees to be
serviced at the Property.
6.4 The Applicant shall be responsible for the completeness and accuracy of all
information provided on their application and shall sign the application.
6.5 All applicable Water Meter and application fees and charges, in the amounts as
set out in the Fees and Charges By-law, must be paid to the Town by, or on behalf
of, the Applicant prior to or at the time of submission of the application. The
Town shall not process any application until such fees and charges are received.
7. Installation of Water Meters
7.1 It is the responsibility of the Owner of a Property to arrange to have a Water
Meter installed as required under this by-law.
7.2 For all Properties requiring a Water Meter, including residential and ICI Properties,
the Owner shall:
(a) submit a Water Meter Application to the Town;
(b) if approved by the Town, arrange for the installation of the new Water
Meter;
(c) immediately notify the Town once the Water Meter is installed and the
Property is ready for the Town’s inspection;
(d) at least two (2) weeks prior to the Property being occupied by any person,
schedule with the Town the inspection, sealing, and tagging of the new
Water Meter by the Town; and
By-law Number 6777-26 Page 10 of 26
(e) ensure that the Property is not occupied by any person prior to the Water
Meter being inspected, sealed, and tagged by the Town.
7.3 All installed Water Meters must be inspected, sealed, and tagged by the Town
prior to turning on the supply of water.
7.4 In the event that water supply to a Property has been turned on prior to the
Town’s inspection, sealing, and tagging of the Water Meter, the Town reserves
the right to shut off the supply of water to the Property.
7.5 Following the issuance of an Occupancy Certificate with respect to a Property,
the Town reserves the right to shut off the supply of water to the Property if it
does not have a Water Meter installed in compliance with this by-law.
7.6 Notwithstanding the issuance of an Occupancy Certificate, no person shall
occupy or permit occupancy of any building or part thereof for which the
Occupancy Certificate was issued prior to the installation of a Water Meter. In the
event that a Building or part thereof is occupied contrary to the above, the Town
shall charge the Account of such Property a fee for water based on the estimated
consumption, or the applicable Flat Rate, whichever is greater, as determined by
the Director from the date of the issuance of the Occupancy Certificate until the
date a Water Meter is installed. For clarity, nothing in this subsection authorizes
any unmetered water use or any contravention of this by-law, nor does it relieve
any person from compliance with the provisions of this by‑law.
7.7 All Water Meters shall be installed as close as possible to, and within visual sight
of, the Building Control Valve.
7.8 Owners shall ensure that Water Meters on their Property are installed and
maintained in a location that is secure, protected from freezing, unobstructed
and readily accessible.
7.9 In the case of a Property that is subject to a Water Meter installation in
accordance with the Town’s meter maintenance program or Advanced Metering
Infrastructure program, the Owner shall install the Plumbing and appurtenances
related to the Water Meter, including a conduit and wire for a Remote Readout
Unit and Advanced Metering Infrastructure equipment, all in accordance with the
Standards and Specifications, and all at the sole expense of the Owner, or as
deemed appropriate by the Director. In the event the wire no longer functions, the
Owner shall replace the wire to a Remote Readout Device, to the Town’s
satisfaction, and all at the Owner’s expense.
7.10 The Town may require an Owner of a Property to install or repair a valving
arrangement, as deemed necessary by the Director, to allow for proper flow of
water or maintenance of equipment, or both, in respect of the supply of water to
the Property, which shall be completed by the Owner in accordance with the
Standards and Specifications, at the sole expense of the Owner.
8. Size of Water Meters
8.1 The Owner shall ensure that the Plumbing of all buildings on the Property are
designed and constructed to accommodate the installation of a Water Meter of
appropriate diameter, determined based on the anticipated minimum and
maximum flow rates at full occupancy, and in accordance with the Standards and
Specifications, and all at the sole expense of the Owner. The Owner shall provide
By-law Number 6777-26 Page 11 of 26
the Town with all information the Town requires, in the Town’s discretion, to
enable it to determine the appropriate meter size. The Town reserves the right to
reject any determination that is provided by the Owner and require that the
determination be revised to the satisfaction of the Director.
8.2 In the case where the Owner or Applicant wishes to change the size of their
Water Meter, a professional engineer must first confirm in writing to the Town
that the proposed size would meet the flow requirements for the Property being
serviced. The Owner or Applicant shall obtain a plumbing permit, and the
proposed change is subject to review and approval by the Town to ensure
compliance with standards and operational requirements.
8.3 If at any time the Town determines that a Property’s Plumbing has been modified
in a manner that may prevent the Water Meter from accurately registering water
consumption, the Town may require the Owner to reassess the Property’s flow
requirements, at the Owner’s own expense. Where deemed necessary by the
Town, the Owner shall, at its expense, install a properly sized Water Meter that
ensures accurate registration of water consumption, as determined by the Town.
9. Supply and Ownership of Water Meters
9.1 All Water Meters, including Remote Readout Units and Advanced Metering
Infrastructure equipment that register water supplied by the Town, or its
authorized agents, are and shall remain the property of the Town.
9.2 New Water Meters shall be supplied by the Town upon the Owner or Applicant
paying to the Town a cost recovery fee, as per the Fees and Charges By-law.
10. Water Meter Loss or Damage
10.1 Every Owner shall be responsible for any loss or damage to a Water Meter
located on their Property, including the full cost of any repairs or replacements,
as deemed necessary by the Town, where such damage or loss results, directly
or indirectly, from the carelessness, misuse, wilful misconduct, or neglect of any
person other than the Town, its employees, or its authorized agents. This
includes, but is not limited to, any damage caused by freezing.
10.2 Should a Water Meter become mechanically defective due to a cause for which
an Owner is not responsible pursuant to the immediately above subsection, the
cost of any necessary repair or replacement shall be the responsibility of the
Town.
11. Water Meter By-pass Piping
11.1 No person shall install, or cause to be installed, any by-pass piping that would
permit water to be used or directed, for any use or consumption, without passing
through a Water Meter.
11.2 In addition to any other rights or remedies of the Town under this by-law, where
an Owner fails to remove a Water Meter by-pass within the time required, as
required or ordered by the Town, and pursuant to this by-law, the Town may
remove the by-pass piping and valves, as the Director considers appropriate, at
the cost of the Owner, including any associated inspection fees for each
attendance at the Property, the work plus overhead, and any applicable taxes.
By-law Number 6777-26 Page 12 of 26
12. Water Meter Chamber
12.1 If the Director is of the opinion that a Water Meter cannot be conveniently located
inside a building or structure in accordance with the Standards and
Specifications, or where the Town does not have access to the Water Meter, the
Town may order the Water Meter to be located and installed in a Water Meter
Chamber, at the sole expense of the Owner of the affected Property. In such a
case, the Owner of the affected Property shall be solely responsible for
construction, provision and maintenance of a Water Meter Chamber and the
associated costs.
12.2 Any Water Meter Chamber shall be placed in a location within three (3) metres of
the Street Line of the Owner’s Property, and as approved by the Director in writing
prior to construction.
12.3 No person shall obstruct, or permit the obstruction of, a Water Meter Chamber or
any of its associated valves.
12.4 No person shall place shrubs, trees, or other landscaping within one and one half
(1.5) metres of the outer perimeter of a Water Meter Chamber.
12.5 An Owner shall keep all landscaping on their Property cut back and clear of any
Water Meter Chamber, wiring for the Remote Redout Device, and the Remote
Readout Device.
13. Water Meter Access and Inspection
13.1 Upon receipt of a notice from the Town, every Owner and Occupier of a Property
shall provide the Town, its employees, agents, and/or contractors, with free, clear,
and unobstructed access to the Water Meter on the Property within the
timeframe required by the Town, for the purpose of inspecting, maintaining,
repairing, replacing, or reading the Water Meter or any of its related components.
13.2 Where an Owner or Occupier is unable to provide access to the Water Meter as
specified in a notice pursuant to subsection 13.1, the Owner or Occupier shall:
(a) notify the Town of such inability no less than forty‑eight (48) hours prior to
the scheduled access; and
(b) provide the Town with access to the Water Meter, in accordance with
subsection 13.1, within five (5) business days of the date originally
requested by the Town.
13.3 If access is not provided as required pursuant to subsection 13.1 or 13.2, it shall
constitute a contravention of this by-law, the Owner of the Property shall be
responsible for paying to the Town all inspection-related fees for each
attendance at the Property by the Town or its authorized agents, and the Town
shall have the right to shut off the water supply to the Property until such time as
the failure is remedied to the satisfaction of the Director.
13.4 Without limiting the above, upon receipt of a notice pursuant to subsection 13.1
and prior to the Town’s arrival at the Property, the Owner or Occupier of the
Property subject to the notice shall remove any insulation or other material from,
on, or around the Water Meter so as to provide the Town with full and
unobstructed access to the Water Meter.
By-law Number 6777-26 Page 13 of 26
13.5 If an Owner or Occupier in receipt of a notice fails to provide the Town with full
and unobstructed access to the Water Meter as required above, then the Town
reserves the right to remove any obstructions and materials, including insulation,
which may be blocking the Water Meter, and to perform all necessary work to
gain access and complete the required inspection, maintenance, repair,
replacement, or reading.
13.6 In the event that the Town is required to remove obstructions or undertake work
pursuant to subsection 13.5 on a Property:
(a) the Town shall not be liable for any loss or damage to the Property or any
losses or damages otherwise suffered by the Owner or Occupier arising
from such work; and
(b) the Owner shall be liable for all costs incurred by the Town as a result of the
failure to provide the Town with free, clear, and unobstructed access to the
Water Meter.
13.7 Without liming anything in the Municipal Act or in this by-law, in the event of an
emergency involving the Water Meter, the Waterworks System, or its related
components, the Town, its employees, agents, and/or contractors may enter a
Property, with the exception of a Dwelling, without prior notice, at any time
deemed necessary, for the purpose of inspecting, repairing, replacing, or
otherwise addressing the emergency. The Owner or Occupier shall not obstruct
or hinder such access shall cooperate with the Town to facilitate prompt
resolution of the emergency.
14. Maintenance of Water Meter Appurtenances and Piping
14.1 An Owner shall:
(a) ensure that on their Property all Water Meter valves are fitted with proper
handles and that all valves to, from, and around the Water Meter are
installed and properly maintained in accordance with the Standards and
Specifications;
(b) maintain any Private Water Service System and all Plumbing on their
Property, including all piping, fittings, and valves to and from and around a
Water Meter, in good working condition, protected against freezing, free of
leaks, and in accordance with the Standards and Specifications;
(c) ensure that all Private Water Service Pipes are buried a minimum of 1.7
meters below the surface of the ground and protected from frost at all
locations; and
(d) ensure that there is a Building Control Valve installed immediately prior to
the Water Meter and that no other connection is made to the Private Water
Service System between the Meter and the Water Service Connection.
For clarity, an Owner is not responsible for maintaining the Water Meter.
14.2 If the Town determines that the condition of a Private Water Service Pipe, Private
Fire Service Main, or Private Water System or valves on piping adjacent to the
Water Meter is such that the Water Meter cannot be properly or conveniently
tested, calibrated, relocated, installed, replaced, or repaired in place or removed
for the purpose of testing, replacing, or repairing, the Owner shall, at their sole
By-law Number 6777-26 Page 14 of 26
expense, repair, or, if necessary, replace the Private Water Service Pipe, Private
Fire Service Main, and/or Private Water System or valves, as the case may be, to
enable the Town to test, calibrate, relocate, install, replace, repair, or remove the
Water Meter. Failure to conduct repair or replacement as required above shall
constitute a contravention of this by-law, and the Town shall have the right to
shut off the water supply until such time as the failure is remedied to the
satisfaction of the Director.
15. Water Meter Accuracy and Testing
15.1 Under this by-law, the testing, flow rates, and procedures used to determine
Water Meter accuracy will be in accordance with the current AWWA Standards.
15.2 The Account Holder, by written application to the Town on the prescribed form,
may request to have the Water Meter at their Property tested by the Town to
determine if the Water Meter is over-registering. In all cases where such testing is
requested, the existing Water Meter shall be replaced with a new Water Meter.
15.3 At the time an Account Holder submits a request pursuant to subsection 15.2,
the Account Holder shall pay to the Town a deposit in an amount prescribed in
the Fees and Charges By‑law, or as otherwise required by the Town. The deposit
shall be held by the Town pending the results of the Water Meter testing. Where
the Water Meter is determined to be over‑registering in accordance with
subsection 15.4, the Town shall return the deposit, without interest, to the
Account Holder. Where subsection 15.5 applies, the deposit shall be applied,
without interest, as a credit toward the fees and expenses payable by the
Account Holder in accordance with subsection 15.5, and the Account Holder
shall be responsible for any remaining amount.
15.4 If, following an Account Holder’s request pursuant to subsection 15.2, the Water
Meter is found to be over-registering in excess of one and one-half percent (1.5%)
in favour of the Town (registering an amount that is over 101.5% of the volume
tested), then the Town shall credit the Account with an amount based on the
average percentage of three (3) tests performed by the Town to determine the
amount of over-registration from one hundred percent (100%) accuracy. Such
credit adjustment shall be for the twelve (12) month period prior to the testing,
and the Town will pay all expenses incurred by the Town in removing, testing, and
replacing the Water Meter.
15.5 If, following an Account Holder’s request pursuant to subsection 15.2, the Water
Meter is found to be under-registering, over-registering within one and one-half
percent (1.5%), or accurate within that range (registering an amount that is 98.5%
to 101.5% the volume tested), then no credit shall be applied to the Account, and
the Account Holder shall pay to the Town all applicable fees, as set out in the
Fees and Charges By-law, relating to the testing and replacement process,
including all expenses incurred by the Town in removing, testing, and replacing
the Water Meter, plus any applicable taxes.
15.6 If a Water Meter fails to register for any reason, the Town shall issue Back
Charges to the Account based on prior consumption records or the estimated
consumption as determined by the Town for the period during which the Water
Meter failed to register but for no more than twenty-four (24) months.
By-law Number 6777-26 Page 15 of 26
16. Relocation of the Water Meter
16.1 Once a Water Meter is installed on a Property to the satisfaction of the Town, no
person shall relocate the Water Meter without written consent of the Town, a
plumbing permit, and, if applicable, a building permit.
16.2 No person shall disconnect a Water Meter for maintenance or repair without
written consent of the Town.
16.3 An Owner may make an application to the Town for a plumbing permit to relocate
a Water Meter on a Property. If the relocation is approved by the Town, the Owner
shall pay all costs associated with any relocation of the Water Meter, as set out in
the Fees and Charges By-law, and the relocation shall be in accordance with all
other provisions of this by-law and other applicable law.
16.4 The Town shall not approve a plumbing permit application for a Water Meter
relocation if:
(a) the application is incomplete;
(b) the prescribed fee is not paid; or
(c) the proposed relocation is not in accordance with this by-law, the Building
Code Act, the Standards and Specifications, or any other applicable law.
16.5 The Town may require the relocation of an installed Water Meter at the sole cost
of the Owner if its location is not in compliance with the Standards and
Specifications. In case of such a requirement by the Town, the Owner shall
promptly apply for a plumbing permit for a Water Meter relocation in accordance
with this by-law and cause the relocation to be conducted within sixty (60) days
of the receipt of a notice from the Town requiring the relocation, unless a longer
timeline is authorized by the Director in writing. Failure to conduct the relocation
as required shall constitute a contravention of this by-law.
16.6 All Water Meter relocation work and material shall conform to the Standards and
Specifications and comply with the requirements of the Building Code.
17. Water Leaks
17.1 The Owner and any Occupiers of a Property are responsible for monitoring the
Water Meter and shall immediately notify the Town if any leaks or suspected
leaks develop at a Water Meter, or its couplings, located on their Property.
17.2 The Town will repair any leaks at the Water Meter, or its couplings, and subject to
section 10, with no charge to the Owner.
17.3 The Owner of the Property shall be responsible for all expenses associated with
maintaining and repairing the Private Water System and private Plumbing on the
Property.
17.4 Every Owner shall be responsible for investigating and determining the cause of
any leak, defect, or malfunction in the Private Water System and private Plumbing
serving the Owner’s Property. The Town is not responsible for locating any leaks
for the Owner.
17.5 Every Owner shall, at their own expense, repair any leak, defect, or malfunction in,
of, or on the Private Water System and private Plumbing located on or servicing
By-law Number 6777-26 Page 16 of 26
their Property which results in water being consumed or lost before passing
through the Water Meter, including but not limited to any leak, defect, or
malfunction related to valves, fittings, or corroded piping, as soon as possible
after becoming aware of any such leak, defect, or malfunction. Every Owner shall
pay the cost of Water consumed or lost as a result of such leak, defect, or
malfunction. Where the water loss has not been recorded by a Water Meter,
water consumption shall be estimated by the Town according to the nature of the
leak.
17.6 In the event that an Owner fails or refuses to repair any leaks, defects, or
malfunctions in, of, or on the Private Water System or private Plumbing located
on or servicing their Property, as required or ordered by the Town, then in addition
to any other rights or remedies of the Town under this by-law, the Town reserves
the right to shut off the supply of water to the Property until such time as the
failure is remedied to the satisfaction of the Director.
17.7 The Town shall not be liable for any losses or damages to the Owner’s Property,
or any surrounding property, including but not limited to damage to structures,
fixtures, or personal property, as a result of any leaks, defects, or malfunctions at
the Water Meter or its couplings, or in, of, or on the Private Water System and
private Plumbing, except in cases of negligence or willful misconduct by the
Town.
18. Water Meter Replacement
18.1 In the case of a Property that is subject to a Water Meter replacement in
accordance with the Town’s meter maintenance program or Advanced Metering
Infrastructure program, the Owner shall ensure that the Plumbing and
appurtenances related to the Water Meter, including a conduit and wire for a
Remote Readout Unit and Advanced Metering Infrastructure equipment, have
been installed, all in accordance with the Standards and Specifications, and all at
the sole expense of the Owner, and upon such Plumbing and appurtenances
being installed as deemed appropriate by the Director, the Town may install the
replacement Water Meter at no expense to the Owner. In the event the wire to a
Remote Readout Device no longer functions, the Owner shall replace the wire, to
the Town’s satisfaction, at the Owner’s expense.
18.2 When a Water Meter is scheduled to be replaced by the Town, the Town shall
send a notice to the Owner of the Property requesting the Owner to schedule the
replacement with the Town or a Town-authorized third-party agent.
18.3 Upon receipt of a notice pursuant to subsection 18.2, the Owner shall:
(a) respond to the notice within seven (7) days of their receipt of the notice;
(b) schedule the replacement of the Water Meter within thirty (30) days of
receipt of the notice; and
(c) provide the Town, its employees, agents, and/or contractors, with access to
the Water Meter, in accordance with this by-law, to allow the replacement at
the time scheduled pursuant to paragraph (b).
Failure to schedule the replacement or to provide access as required shall
constitute a contravention of this by-law and the Town shall have the right to shut
By-law Number 6777-26 Page 17 of 26
off the water supply until such time as the failure is remedied to the satisfaction
of the Director.
18.4 In the event that a Water Meter requires replacement due to it being inoperative
or otherwise unable to accurately record water consumption, and the Owner fails
to provide the Town with access to the Water Meter to complete the replacement
as required under this by-law, the Town shall charge the Account of such
Property a fee for the water based on the estimated consumption, or the
applicable Flat Rate, whichever is greater, as determined by the Director, until
such time as the Town is provided access and the Water Meter replacement has
been completed to the satisfaction of the Town. For clarity, nothing in this
subsection authorizes any unmetered water use or any contravention of this by-
law, nor does it relieve any person from compliance with the provisions of this
by‑law.
19. Maintenance of Chambers
19.1 This section applies to all chambers, including Water Meter Chambers.
19.2 All chambers shall be and remain the property of the Owner of the Property on
which the chamber is located.
19.3 An Owner shall be responsible for maintaining, repairing, and replacing all
chambers on their Property, and for keeping such chambers in a functional, dry,
and safe condition at all times.
19.4 An Owner shall, at its cost, remove and dispose of all solid and liquid debris,
waste, and other materials, which are non-essential to the proper functioning of
the Water Meter, including those which may be hazardous, toxic, combustible, or
explosive in nature, from both inside and above a chamber. The removal and
disposal of such material shall be done in accordance with all applicable laws.
19.5 The Owner of a Property shall be responsible, at its cost, for undertaking any
reasonable measures necessary to provide, when requested, the Town, its
employees, agents, and/or contractors, with safe, dry, and unobstructed access
to any chamber on the Property for the purposes of inspecting, maintaining,
repairing, replacing, or reading any Water Meter located within such chamber.
19.6 Upon receipt of a notice from the Town, every Owner and Occupier of a Property
shall provide the Town, its employees, agents, and/or contractors, with free, clear,
and unobstructed access to any chamber on the Property within the timeframe
required by the Town, for the purpose of inspecting, maintaining, repairing,
replacing, or reading the Water Meter, or any of its related components, within
such chamber.
19.7 Where an Owner or Occupier is unable to provide access to a chamber as
specified in a notice pursuant to subsection 19.6, the Owner or Occupier shall:
(a) notify the Town of such inability no less than forty‑eight (48) hours prior to
the scheduled access; and
(b) provide the Town with access to the chamber, in accordance with
subsection 19.6, within five (5) business days of the date originally
requested by the Town.
By-law Number 6777-26 Page 18 of 26
19.8 If the Owner or Occupier fails to provide the Town with access to a chamber in
accordance with the preceding sections, or as required elsewhere in this this by-
law, the Owner shall pay an inspection fee to the Town, in accordance with the
Fees and Charges By-law, for each attendance at the Property subsequent to the
initial attempt, or the initial requested time, made by the Town, including the cost
incurred by the Town to perform the inspection, plus overhead and applicable
taxes. Without limiting and in addition to the above, failure to provide access to
the Town to a chamber as required above, or elsewhere in this by-law, shall
constitute a contravention of this by-law and the Town shall have the right to shut
off the water supply until such time as the failure is remedied to the satisfaction
of the Director.
20. Meter Rooms
20.1 Upon receipt of a notice from the Town, every Owner and Occupier of a Property
shall provide the Town, its employees, agents, and/or contractors, with free, clear,
and unobstructed access to any Meter Room on the Property within the
timeframe required by the Town, for the purpose of inspecting, maintaining,
repairing, replacing, or reading the Water Meter, or any of its related components,
within such Meter Room.
20.2 Where an Owner or Occupier is unable to provide access to a Meter Room as
specified in a notice pursuant to subsection 20.1, the Owner or Occupier shall:
(a) notify the Town of such inability no less than forty‑eight (48) hours prior to
the scheduled access; and
(b) provide the Town with access to the Meter Room, in accordance with
subsection 20.1, within five (5) business days of the date originally
requested by the Town.
20.3 If the Owner or Occupier fails to provide the Town with access to a Meter Room
in accordance with the above, or as required elsewhere in this this by-law, the
Owner shall pay an inspection fee to the Town, for each attendance at the
Property subsequent to the initial attempt, or the initial requested time, made by
the Town, including the cost incurred by the Town to perform the inspection, plus
overhead and applicable taxes. Without limiting and in addition to the above,
failure to provide access to the Town to a Meter Room as required above, or
elsewhere in this by-law, shall constitute a contravention of this by-law and the
Town shall have the right to shut off the water supply until such time as the
failure is remedied to the satisfaction of the Director.
21. Discontinuation of Water Service
21.1 Any Owner wishing to discontinue the use of water supplied by the Town must
follow requirements set out below. No person shall turn on or off the water
supply without being duly authorized to do so by the Town.
21.2 Any Owner who has received a permit to demolish a Property, or otherwise
wishes to discontinue the use of water supplied by the Town, shall provide
written notice to the Town to request disconnection of the water supply, and,
unless otherwise instructed by the Director in writing, shall:
By-law Number 6777-26 Page 19 of 26
(a) schedule an appointment with the Town to take a final Water Meter reading,
to remove the Water Meter and the Remote Readout Unit from the Property,
and to turn off the Water supply;
(b) provide access to the Town for the final Water Meter reading to be taken,
for the Water Meter to be removed, and for the water supply to be turned
off; and
(c) pay the Town the Water Meter removal fee as set out in the Fees and
Charges By-law.
21.3 In the event an Owner, or their authorized agent, fails to attend at the Property
and provide access to the Town at the appointment time established pursuant to
subsection 21.2(b), the Owner shall pay the Town’s inspection fee for the missed
appointment as set out in the Fees and Charges By-law.
21.4 No person shall demolish a Building until the final Water Meter reading is
obtained by the Town, and the Water Meter and Remote Readout Unit are
recovered by the Town.
21.5 In the event an Owner fails to provide access to a Property prior to the demolition
of a building or structure on the Property as required by this by-law, the Owner
shall pay to the Town an amount equal to the cost of a new Water Meter and
Remote Readout Unit, of the same type and size, in accordance with the Fees and
Charges By-law. The Owner shall also pay the amount of water consumption,
from the last water Meter reading date to the date of disconnection of the Private
Water Service Pipe or Water Service Connection from the Town’s Drinking Water
System, as estimated by the Town.
22. Temporary Construction Water Use
22.1 Builders, developers, contractors, or other persons requiring water for
construction purposes where no Water Meter has yet been installed shall:
(a) make an application to the Town for temporary construction water use; and
(b) furnish the Town with all information required by the Town.
22.2 Upon receipt of an application for temporary construction water use pursuant to
subsection 22.1 to the satisfaction of the Director, the Director may, at its
discretion, permit that water be temporarily obtained from the Town:
(a) through a temporary Water Meter to be provided at the cost of the Applicant
and as prescribed by the Director, or
(b) without passing through a Water Meter for the temporary period and as
prescribed by the Director, subject to the Applicant paying to the Town a
Bulk Water Fee.
22.3 Anyone permitted to obtain water pursuant to this section shall also pay any
additional fees and security determined by the Director, or established pursuant
to any applicable development agreement, and only be permitted to take water in
accordance with the requirements specified by the Director, as may be
prescribed and altered from time to time at the Director’s discretion.
22.4 Notwithstanding the payment of a Bulk Water Fee by any person pursuant to this
by-law and the Fees and Charges By-law, in the event water is subsequently
By-law Number 6777-26 Page 20 of 26
registered on a Water Meter for the same Property that had been subject to a
Bulk Water Fee, the Owner shall pay to the Town the Water Rate for all water
registered on the Water Meter following the Water Meter’s installation, in
accordance with the Town’s By-laws.
23. Private Fire Hydrants
23.1 No person shall install a private fire hydrant unless the following requirements
have been met to the satisfaction of the Director:
(a) a complete application to install the private fire hydrant has been submitted
to the Town, which shall include any requirements as specified by the Town;
(b) the type of the private fire hydrant to be installed is approved by the
Director;
(c) the manufacturer of the private fire hydrant to be installed is approved by
the Director; and
(d) a building permit for the installation of the private fire hydrant has been
issued by the Town.
23.2 The Director may approve or reject applications for the installation of a private
fire hydrant based on compliance with the requirements set out in the Standards
and Specifications.
23.3 An Owner with a private fire hydrant on their Property shall be responsible for
maintaining the hydrant at their own expense.
23.4 An Owner with a private fire hydrant on their Property shall be responsible for
ensuring that the private fire hydrants:
(a) are clearly visible;
(b) are free of any obstructions within a one-meter radius, including but not
limited to snow, ice, gardens, trees, fencing, and other landscaping; and
(c) have an unobstructed path from the roadway.
24. Fire Hydrants
24.1 Owners shall not place, install, deposit, or otherwise create any obstruction that
interferes with the visibility or accessibility of a fire hydrant located on Town
lands, including the Town boulevard adjacent to their Property.
24.2 No person shall take water from or operate, or cause the taking of water from or
operation of, any Town or private fire hydrant unless such person has first
obtained a temporary hydrant use permit pursuant to section 24, and the taking
of water or operation of the fire hydrant is carried out in accordance with the
permit and the provisions of this by‑law.
24.3 Notwithstanding the above, the requirements of subsection 24.2 do not apply to:
(a) the Town or Town‑authorized agents; and
(b) CYFS personnel acting in the course of fire‑fighting or fire prevention
activities.
By-law Number 6777-26 Page 21 of 26
24.4 A person may make an application on a form prescribed by the Director for a
temporary supply of water from a Town or private fire hydrant. Upon receipt of an
application and any applicable fees, to the satisfaction of the Director, the
Director may, at its discretion, permit that water be temporarily obtained through
a fire hydrant, subject to any requirements and conditions prescribed by the
Director. The permission may be suspended at any time, and for any length of
time, by the Director its discretion.
24.5 The Applicant for the supply of water through a Town or private fire hydrant shall
pay a hydrant deposit in advance, as set out in the Fees and Charges By-law, for
the use of the fire hydrant and the rental fee for a hydrant meter. Water obtained
from the hydrant shall be subject to the Town’s Fees and Charges By-law.
24.6 If an application has been approved for a temporary supply of water from a Town
or private fire hydrant, the Applicant for the supply of water through a hydrant
shall supply a Backflow Preventer, which must be tested by a certified
professional, and the test results shall be submitted to the Town for approval.
Upon the Town’s approval, the Town will install a valve and a temporary Water
Meter on the fire hydrant, and then the Owner shall promptly install the Backflow
Preventer. The Backflow Preventer, valve, and temporary Water Meter shall not
be removed or tampered with. Water can only be supplied or obtained through
the Water Meter. Connection to the fire hydrant and taking of water from the
hydrant other than through the supplied temporary Water Meter is prohibited.
25. Fire Hydrant Flow Tests
25.1 A person may submit a request to the Town to make an appointment to conduct
a fire hydrant flow test to determine the characteristics of the local Waterworks
System. Tests shall be conducted by the Owner’s agent, who must be
accompanied by an authorized agent of the Town, between April 1 to October 31,
weather permitting.
25.2 A person requesting a fire hydrant flow test shall pay to the Town in advance of
the test, all applicable fees and charges associated with the performance of the
test in the amounts as set out in the Fees and Charges By-law.
25.3 The person requesting the fire hydrant flow test shall provide the Town with a
copy of the flow test results promptly upon the completion of the test. Such flow
test results shall include the date, time, location and duration of the fire hydrant
flow test.
26. Administration and Enforcement
26.1 The Director is responsible for and is delegated the power to administer this by-
law, including the authority to approve, issue, refuse, revoke, cancel, suspend, set
and impose conditions on, require information, and administer any applications,
permits, notices or authorisations, and to prescribe the content and form of any
permits, forms, notices or other documents required under this by-law.
26.2 Any decision or notice of the Director pursuant to this by-law shall be final
without a right to appeal to Council.
26.3 The Director and Officers are delegated the authority to enforce this by-law,
including the authority to conduct inspections and investigations under this by-
law, the Municipal Act, and any other applicable by law or legislation.
By-law Number 6777-26 Page 22 of 26
26.4 The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
26.5 For the purpose of subsection 23.2(4) of the Municipal Act, Council considers the
delegation of powers to the Director pursuant to this by-law to be of a minor
nature.
26.6 Any order or notice issued pursuant to this by-law shall be deemed to have been
received upon:
(a) personal service on the person subject to the order or notice;
(b) one day after transmission through electronic means to an email or social
media address provided by the person subject to the order or notice;
(c) one day after posting the order or notice in a conspicuous location on the
Property subject to the order or notice; or
(d) the fifth (5th) day after the order or notice is sent by registered mail or
courier to the address of the Property to which the order or notice relates, or
to the last known address of the person who is subject to the order or
notice.
27. Powers of Entry
27.1 An Officer, or any other individual authorized to enforce this by-law on behalf of
the Town, may at any reasonable time enter upon any land for the purpose of
carrying out an inspection to determine whether the following are being complied
with:
(a) this by-law;
(b) any direction or order under this by-law;
(c) a condition of any permit issued under this by-law;
(d) an order issued under section 431 of the Municipal Act.
27.2 In addition to and without anything else in this by-law, any individual authorized to
administer or enforce this by-law may, enter upon a Property to which water is
supplied by the Town to, among other things:
(a) to inspect, repair, alter or disconnect any pipe or wire, machinery, equipment
and other works used to supply water; or
(b) to inspect, install, repair, replace or alter a Water Meter.
27.3 Where an inspection is conducted pursuant to this section, an Officer or any
other individual authorized to enforce this by-law on behalf of the Town, may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any person concerning a matter related to the
inspection; and
By-law Number 6777-26 Page 23 of 26
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples, or photographs
necessary for the purpose of the inspection.
27.4 No person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
27.5 No person shall fail to comply with, or contravene, any notice or order or other
direction issued by the Town pursuant to this by-law or the Municipal Act.
27.6 Where an Officer, or an individual authorized to enforce this by-law, has
reasonable grounds to believe that an offence has been committed by any
person, they may require the name, address and proof of identity of that person,
and the person shall supply the required information.
27.7 No person shall decline or neglect to give, produce or deliver any information,
document or other thing that is requested by the Town pursuant to this by-law.
27.8 No person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
28. Orders
28.1 Where the Director, Officer, or any other individual authorized to enforce this by-
law is satisfied that a contravention of this by-law has occurred, such Director,
Officer, or authorized individual may make an order requiring that the person who
caused or permitted such contravention, or the Owner, Account Holder, or
Occupier of the Property on which the contravention occurred, to discontinue the
contravening activity and/or to do work to correct the contravention.
28.2 An order pursuant to this section shall set out the following:
(a) reasonable particulars identifying the location of the land on which the
contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the person subject to the order (i.e., what activity is to be
seized and/or actions or work to be done);
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done; and
(e) information regarding the Town's contact person.
29. Remedial Action and Cost Recovery
29.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any person within a specified time period, in default
of it being done by the person directed or required to do it, the action may be
taken under the direction of the Director or an Officer at that person’s expense
and the Town may recover the costs incurred through a legal action or by
recovering the costs in the same manner as taxes.
By-law Number 6777-26 Page 24 of 26
29.2 For the purposes of taking remedial action under this section, the Town, its staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
30. Offences and Penalties
30.1 Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial
Offences Act.
30.2 Every person who contravenes any order issued pursuant to this by-law is guilty
of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act.
30.3 If a corporation has contravened a provision of this by-law, including an order
issued under this by-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence.
30.4 Pursuant to subsection 429(2) of the Municipal Act, all contraventions of this by-
law or orders issued under this by-law are designated as continuing offences. If a
contravention of any provision of this by-law has not been corrected, or an order
issued under this by-law has not been complied with, the contravention of such a
provision or an order shall be deemed to be a continuing offence for each day or
part of a day that the contravention remains uncorrected or an order not
complied with.
30.5 On conviction of an offence under this by-law, every person is liable to a fine in
accordance with the following rules pursuant to the Municipal Act:
(a) to a fine of not less than $500.00 and not more than $100,000.00;
(b) in the case of a continuing offence, for each day or part of a day that the
offence continues, the minimum fine shall be $500.00 and the maximum
fine shall be $10,000.00, despite paragraph (a), the total of all the daily fines
for an offence is not limited to $100,000;
(c) in the case of a multiple offence, for each offence included in the multiple
offence, the minimum fine shall be $500.00 and the maximum fine shall be
$10,000.00, despite paragraph (a), the total of all fines for each included
offence is not limited to $100,000.
30.6 In addition to fines under this section, a person convicted of an offence under
this by-law may be liable to a special fine in the amount of the economic
advantage or gain that such a person obtained from the contravention of this
by-law. Notwithstanding subsection 30.5 above, a special fine may
exceed $100,000.
30.7 Where a person is convicted of an offence under this by-law, the court in which
the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the person convicted.
31. Administrative Penalties
31.1 Instead of laying a charge under the Provincial Offences Act for a breach of any
provision of this by-law which is designated under the Administrative Penalty By-
By-law Number 6777-26 Page 25 of 26
law, an individual authorized to enforce this by-law on behalf of the Town may
issue an administrative penalty to the person who has contravened this by-law.
31.2 Individuals authorized to enforce this by-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act. If an administrative penalty is issued to a
person for a breach of a provision of this by-law, no charge shall be laid against
that same person for the same breach.
31.3 The amount of the administrative penalty for a breach of a provision of this by-
law shall be established pursuant to the Administrative Penalty By-law, and each
day on which a contravention has not been corrected shall constitute a new and
separate offence.
31.4 A person who is issued an administrative penalty shall be subject to the
procedures as provided for in the Administrative Penalty By-law.
32. Presumption
32.1 An Owner of a property on which a non-compliance or contravention has
occurred shall be presumed to have carried out or caused or permitted to be
carried out the non-compliance or contravention, which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
33. Severability
33.1 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
34. Repeal
34.1 By-law Number 3305-91, as amended, is hereby repealed.
34.2 Applications and orders previously made, prior to this by-law coming into force,
pursuant to repealed by By-law No. 3305-9'l shall be deemed to apply under this
by-law and will be subject to this by-law.
35. Effective Date
35.1 This by-law comes into full force and effect on May 1, 2026.
Enacted by Town of Aurora Council this 28th day of April, 2026.
m Mrakas, Mayor
Anne Kantharajah, Town Clerk
By-law Number 6777-26 Page 26 of 26
Schedule “A”
Water Rates
Description
Rate
Water Wastewater Combined
1. Metered Rates $2.78 per m3
$3.28 per m3
of water
consumed
$6.06 per m3
2. Flat Rates
(a) Non-metered water service
under subsection 5.10, 7.6, or
18.4 of this by-law
$180.84 per
unit per
month
$195.61 per
unit per
month
$376.45 per
unit per
month
(b) Non-metered water service
under subsection 5.4 of this
by-law
$90.44 per
unit per
month
$98.40 per
unit per
month
$188.84 per
unit per
month
3. Storm Sewer Flat Rates Rate
(a) All residential properties,
including residential
condominium properties, but
excluding multi-residential
rental apartment building
properties
$18.35 per unit, per month
(b) All non-residential properties,
and multi-residential rental
apartment building properties
$233.16 per meter per month