Water Works By-law 2024-12

“Act” shall mean the Municipal Act, 2001.

“Applicant” shall mean a land or property owner or agent acting on behalf of a land or property owner.

“Bath Waterworks” shall mean the water filtration plant located in Broken Front Concession, Parts of Lots 11 and 16, Plan 77, geographic area of the former Village of Bath and now known as Loyalist Township, including treatment facilities, intake structures, distribution mains and water storage facilities and any works for the collection, production, treatment, storage, supply or distribution of water or any part of any works serviced by the Bath Water Treatment Plant.

“Building Water Service” shall mean the part of the water service piping outside a building or structure that connects a building to the water service connection of the Township and that commences at the interior face of the outer wall of the building or other structure and terminates at the water service connection, which is typically, but not always, at the property line.

“Certified Operator” shall mean a person employed directly by the Township who has attained at a minimum an Operator in Training Water Distribution License as per Ontario Regulation 128/04, as amended.

“Council" shall mean the Council of The Corporation of Loyalist Township.

“Cross-connection” shall mean any actual or potential connection between a drinking water system and any source of pollution or contamination and includes any by-pass, jumper connection, removable section of pipe or hose, swivel or changeover device, private hydrant connections and any other temporary or permanent connecting arrangement through which contamination may occur.

“Director” shall mean the Director of the Economic Growth and Community Development Services of The Corporation of Loyalist Township or their designate.

“Engineer" shall mean the Engineering & Environmental Manager of The Corporation of Loyalist Township or the Director in their absence.

“Fairfield Waterworks” shall mean the water filtration plant located in part of lots 40 and 41, Broken Front Concession, geographic area of the former Township of Ernestown and now known as Loyalist Township including pumping stations, treatment facilities, intake structures, distribution mains and water storage facilities and any works for the collection, production, treatment, storage, supply or distribution of water or any part of any works serviced by the Fairfield Water Treatment Plant.

“Manager” shall mean the Utilities Manager of The Corporation of Loyalist Township or the Director in their absence.

“MECP” shall mean Ministry of Environment, Conservation, and Parks.

“Multi-residential units” shall mean residential units where there is more than one fully serviced dwelling unit on an individual property but excluding secondary units as defined by the Development Charges Act, as amended.

“Outdoor watering” shall mean the use of water from the Waterworks for the purpose of watering lawns or gardens; washing of vehicles, sidewalks, or driveways; filling of swimming pools and similar uses of large volumes of water; but does not include using handheld watering cans for the occasional watering of plants and flowers.

“Owner” shall mean registered owner or owners of a property and any reference in this By-law to an owner in the singular shall be deemed to include the plural, where applicable.

“Person” shall mean and includes any person, firm, or corporation.

“Private waterworks” shall mean any works for the distribution of water, or any such works, now or in the future privately owned and includes plumbing to which the Ontario Building Code Act, 1992 as amended applies.

“Property” shall mean a registered parcel of land owned by an individual(s) or corporation, including a condominium corporation.

“Provincial Offences Officer” shall mean one or more persons appointed by the Township for the purpose of enforcing the provisions of this By-law.

“Secondary units” shall mean additional units developed in existing buildings or ancillary structures consistent with the definition for Secondary Units as per the Development Charges Act, as amended.

“Treasurer” shall mean the Treasurer of The Corporation of Loyalist Township.

“Township” shall mean The Corporation of Loyalist Township.

“Township Standards” shall mean applicable sections of the Ontario Building Code, Ontario Provincial Standards, and Township developed standards for the design, installation, decontamination, and testing of Township Waterworks and plumbing.

“Water service connection” shall mean the extension from the Building Water Service to the Waterworks.

“Waterworks” or “Works” shall mean any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, now or in the future owned and operated by or for the Township but does not include plumbing to which the Ontario Building Code Act, 1992, as amended, applies.

2.1. Council hereby delegates to the Director authority for the operation of the Waterworks, including the engaging of employees, the payment of accounts, and all other things necessary for the successful operation of the Waterworks.

2.2. The rates for users of the Waterworks shall be set by Council by by-law.

3.1. The Owner of every lot or parcel of land which is built upon that derives an immediate benefit from the construction of a watermain along the street abutting such lot or parcel of land and when a connection to the Waterworks is permitted as per the Township’s Official Plan shall, within six months of the Township giving notice, connect the lot or parcel to the watermain at the Owner’s expense.

3.2. The Owner shall pay all costs for constructing connections to the Waterworks and such work shall be done in accordance with the provisions of this By-law.

4.1. A water service will be introduced into a building or lot and the water will be turned on for premises where services have already been installed only upon the written request of the Owner thereof or their duly authorized agent in writing.

4.2. In every case in which there is a change of ownership of premises supplied with water, the new Owner shall notify the Township of the change of ownership and shall sign and file with the Township an application. An administrative fee as set by the most current Loyalist Township Miscellaneous Fees and Charges By-law will apply.

4.3. An application for the supply of water shall be made on a form to be furnished by the Township and the applicants shall furnish such information as Council shall require.

4.4. The Owner of the land must join in the application required by section 4.3, and both Owner and applicant shall agree to pay for the water supplied in accordance with the most current Loyalist Township Water and Sewage User Rates and Service Charges By-law.

4.5. A water service permit for water service connections to watermains, including upgrades to an existing water service, if changing size and/or location, shall be secured from the Manager before any work is undertaken and all work shall be carried out strictly in accordance with such terms and conditions as may be set out in the permit application.

4.6. All applicable fees associated with the application for a water service such as service permit fees, impost fees, connection fees, excavation permit fees, inspection fees and deposits, or any other fees specifically set for the installation of a water service, must be paid prior to the installation. The water service permit fee is non refundable.

4.7. The applicant shall be responsible for any costs associated with inspections by Township employees.

4.8. No work shall be done on either the installation or the repair of watermains and water service connections without approval by the Township.

4.9. The receipt of an approved water service permit does not eliminate the applicant’s responsibilities for any other applicable permits or authorizations.

5.1. All new water service connections shall be laid down with water service pipe approved by the Engineer in accordance with Township standards from the watermain to the private property line by the Township or by a contractor approved by the Township. No such water service connections shall under any circumstances be closed or backfilled until examined, tested, and approved in writing by the Manager.

5.2. All new building water service connections shall be laid down and inspected as per the requirements of the Ontario Building Code. The water service pipe from the private property line to the building shall be laid by a contractor hired by the Owner, or alternatively the Owner may make written arrangements with the Manager to have the Township complete the work at the Owner’s expense.

5.3. When backfilled, such building water service pipes and connections shall be properly protected from frost as per Ontario Building Code requirements at the expense of the Owner of the property for which such services are supplied and shall be so protected from all damage whether by frost or otherwise and the Owner of each building shall be responsible for the due protection of such service pipes.

5.4. In the case of leakage, the Owner of the property shall be responsible for the loss occasioned by such leak, and the charge for such water leaking shall be determined by the Manager in their sole discretion, and the cost thereof shall be paid by the Owner forthwith upon demand and such Owner shall be responsible for all damage arising from such leakage.

5.5. Where a new water service connection is permitted along a watermain and water pressure exceeds acceptable normal pressure, the Township shall provide the Owner with a pressure reducing valve. The Owner will be responsible for the installation and maintenance as per manufacturer’s recommendations.

5.6. The Owner shall pay on demand all costs for laying a water service connection from the watermain, for constructing water services and connecting to the watermain, and for all other expenses necessary or incurred to serve an applicant or property, and if not so paid, all such fees and expenses may be collected in the same manner as water rates.

5.7. All new services and/or replacements, in whole or in part, of existing services shall be constructed as per Township standards and in such manner, size, material and grade and with such appurtenances as the Engineer shall require, and no such services shall under any circumstances be closed or backfilled until examined, tested, and approved in writing by the Manager. Alternative materials may be approved if allowed under the Ontario Building Code and with the approval of the Engineer, subject to a stock premium fee in accordance with the most current Loyalist Township Water and Sewage User Rates and Service Charges By-law.

5.8. In the situation where the applicant wishes to connect to a water service connection previously provided to the private property line, and the service is no longer as per current Township standards, the Applicant will be responsible to upgrade the service from the watermain as per Clause 5.1 and as per current or desired specifications at the direction of the Engineer and at the sole expense of the applicant.

5.9. Testing where required shall be at the expense of the permit applicant and/or Owner.

5.10. The Township has the right to refuse any connection to the Bath and/or Fairfield Waterworks if the laying or construction of the water service connection service does not meet Township Standards. Requests for new services must be accompanied by a servicing plan to the satisfaction of the Engineer.

5.11. Bedding and location of pipes shall be in accordance with Township standards established by the Engineer.

5.12. No person shall damage or injure any services connecting with any watermain.

5.13. No cross-connection between any other water supply system and the Waterworks shall be permitted.

5.14. Access to curb stops must be left clear and accessible at all times so that the water in the water service pipe and private waterworks may be turned off or on as may be found necessary by the Township.

5.15. Any owner that wishes to connect to any Township water system must provide a well decommissioning report prior to connection. The Township reserves the right of refusal where a threat to the drinking water system is observed or suspected.

6.1. When an Owner temporarily discontinues the use of a private waterworks for water supply to a building, the Owner shall pay to the Township a charge as indicated in the Miscellaneous Fees and Charges By-Law for disconnecting the water meter for such service from the water distribution system.

6.2. When an Owner permanently discontinues the use of a private waterworks for water supply to a building or buildings the private waterworks must be disconnected at the watermain, the watermain plugged or capped and the curb box and rod removed at the Owner’s expense. All work must be inspected by the Township and the Owner shall pay for such inspection as required in the Miscellaneous Fees and Charges By-Law. 

7.1. No person shall damage, break, or remove any portion of any valve, curb stop, hydrant, meter, backflow prevention units or any part of any watermain, Water Service Connection or obstruct the flow of water in any part of the Waterworks.

7.2. No person shall disconnect or allow to be disconnect any premises which are serviced by, connected to and/or take water from the Waterworks, without the express written permission of the Township.

7.3. Notwithstanding Clause 7.1, an individual who is not licensed as a certified operator shall be permitted to close a watermain valve or operate curb stops and hydrants as a result of an emergency (i.e., watermain break) if approved by a certified operator of the Township. In the event that a non-licensed individual is required to perform emergency procedures as noted above, the certified operator will notify the Manager and the Utilities Supervisor or their designate of the nature, location, time, and date of the event, and the name of the individual performing the shutdown and any observations of the water system performance prior to, during, and after the valve operation. The notification may be verbal for reasons of expediency, but a subsequent written communication will be required.

7.4. All watermains and water service connections connected thereto from the main up to and including the connection and shut-off valve at the private property line shall be repaired and kept in order at the expense of the Township.

7.5. Where private waterworks are jointly owned and such service requires servicing and/or repairs, the Township may, after giving adequate notice to the Owners by personal delivery or by registered mail, repair the service(s) and levy the cost on the taxes of the Owners of the service(s).

8.1. Every person taking water must at their own expense keep their building water service, from the private property line to the interior face of the outer wall of the building and all appliances and fixtures connected therewith, in good order and condition.

8.2. Any damage or leak or other maintenance of the building water service from the private property line up to but excluding the water meter, shall be forthwith repaired by the Owner of the building to the satisfaction of the Township, including property restoration, and in default of so doing, whether notified or not, the Township may enter upon the land where the service pipe is and repair the same and charge the cost thereof to the Owner of the premises and the same may be collected in the same manner as property taxes, as per Section 446(3) of the Act. Interest on any cost incurred by the Township will accrue interest at the rate of 15 per cent per annum from the date the cost is incurred until paid in full, as per Section 446(5) of the Act. The cost incurred together with all accrued interest will form a lien against title to the property upon registration of a notice of lien by the Township.

8.3. Should the said building water service, pipes, appliances, or fixtures get out of repair and not be forthwith repaired, it shall be lawful for the Township to refuse to continue the supply of water until such repairs have been affected.

9.1. Water pipes, fittings, etc. must be inspected, tested, and approved by an authorized agent of the Township before regular water service commences.

9.2. The officers or employees of the Township shall at all times be entitled to enter any premises for the purpose of examining pipes, connections and fixtures which are used in connection with the water service. The location of a meter, once installed to the approval of the Township, shall not be changed by any person except with the written consent of the Township.

9.3. All building water services and connections inside the private property line shall be inspected by the Chief Building Official or designate prior to backfilling.

10.1. All watermains and water services, including connections which are laid or installed in public streets, are the property of the Township upon inspection and acceptance by the Township.

10.2. Where watermains and water services, including connections, are installed by a developer in accordance with Township standards, all the works shall be supervised by the Township and legal agreements will be required prior to the commencement of the installation stating that the Township will become the owners of the installation on their completion. The Township requires detailed drawings of the proposed work and construction shall not proceed until the drawings are approved by the Engineer and the applicant’s professional engineer has completed all pertinent sections of forms required to record watermain extension and/or alteration as required by the MECP’s Drinking Waterworks Permit.

10.3. All new watermains are to be disinfected as per the MECP Procedure for Disinfection of Drinking Water in Ontario and the most current version of AWWA C651- Standard for Disinfecting Watermains, as it may be amended, and the disinfection procedure must produce acceptable bacteriological results as per Ontario Regulation 170/03, as amended. The Township must be satisfied that the water meets provincial drinking water bacteriological requirements and requires written approval by the Manager before allowing connection to existing water distribution systems.

11.1. If a watermain shut down is necessary in order to conduct work under this Bylaw and where online consumers will be affected, the applicant for the work will be responsible for notifying all affected consumers of a potential loss of water supply in a format approved in writing by the Manager. The notice must be clearly printed, with the date of the shutdown, duration, and contact number for any questions, and delivered a minimum of 48 hours in advance to all affected properties.

11.2. Water shutdowns will only be allowed with the Manager’s approval.

12.1. All water supplied from Township Waterworks and used on any premises or by any person shall pass through and be measured by a water meter approved by the Township. The Township shall refuse to supply water to any person or premises other than through an approved water meter.

12.2. In addition to whatever other remedies the Township may have by law with respect to infringement of this condition, the Township may, upon ascertaining that water has been used which has not passed through the water meter of such premises, forthwith without notice, shut off and stop supply of water and assess costs for consumption of such water.

12.3. Contractor’s installation includes the installation of the water meter, and pressure reducing valve (where applicable), as per Township standards.

12.4. The location of the remote receptacle assembly (if applicable) will be based on the following considerations:

a. Proximity to the electric meter;

b. Location where the cable entry hole can be drilled within the proximity of the meter installation;

c. Location of other meters; and

d. Reasonable customer preferences

12.5. Water meters shall be purchased through the Township and a fee, as set in the most current Loyalist Township Water and Sewage Service Charges Bylaw, shall be collected by the Building Division at the time the building permit or the water service permit is issued.

12.6. All meters, meter remotes, and pressure reducing valves shall be accessible to the officers of the Township at all times and shall not be covered except where permission or authority has been given in writing by an authorized employee of the Township.

12.7. In the event that a meter, meter remote, or pressure reducing valve is not accessible, it shall be made accessible at the cost of the property owner.

12.8. Each property supplied with water shall be furnished with a single water service connection from the municipal water main to the property line and a separate building water service with a water meter for each building, excluding accessory buildings and secondary units. Where a single water service to a multi-use property is not practical, as determined by the Manager, multiple services may be permitted, in consideration of the following and at the discretion of the Manager:

a. Within a multi-residential property, each unit shall be equipped with its own water meter to record usage per unit, the installation of which shall be governed by Township standards, as amended.

b. Within a multi-unit commercial or multi-unit industrial property, each unit must be equipped with its own water meter to record usage per unit, the installation of which shall be governed by Township standards, as amended.

c. All plumbing within a property is subject to the Ontario Building Code as amended. All installations must meet Ontario Building Code requirements as amended, and applicable Township standards as amended.

12.9. Only one water service per property shall be permitted from the water distribution system. In situations where a shared water service would result from a division of land, a single water service to each property from the water distribution system shall be required, and all new services required shall be installed at the Owner’s expense.

12.10. Every Owner shall be liable for the safety and care of the water meter and all other service equipment placed on private property, and will be charged for all damage thereto, whether occasioned by frost, hot water, or damage from any other cause, and for the loss of the meter or other service equipment if the same be removed from their premises without the consent of the Township, whether stolen or otherwise, and the cost of every such meter or other equipment, or of repairing or replacing the same, shall be payable to the Township on demand and, in default of payment, the Township may, in addition to all other remedies which it may have by law to collect same, and until paid all such charges shall be and remain a lien upon the lands in respect to which they were incurred.

12.11. Every Owner shall be responsible for the installation of a new meter or other service equipment, including service pipes, when damages, as detailed in clause 12.10 of this By-law, occur.

12.12. The contractor shall be responsible for any damage done to the Owner’s service plumbing and shall repair any leaks or other defects that may have been caused by the installation work, provided that any leaks or defects are reported by the Owner to either the contractor or the Township within fourteen (14) calendar days after the completion of the installation and provided that the leaks or defects are the result of a faulty installation and the contractor shall repair the damage at no extra cost to the Township or the property owner. This presumption does not apply to leaks or pre-existent conditions noted by the contractor and acknowledged, in writing by the Owner, as being in existence prior to the installation.

12.13. No person, except a certified operator employed by the Township, shall be permitted to open, or in any way tamper with any water meter, remote, water service connection, curb stop, or with the seals placed thereon, or do any manner of thing which may interfere with the proper registration of the quantity of water passing through such water service or water meter and neither should any person change, tamper with or otherwise interfere with the water without any notice, shut off the water from such buildings, or premises, without the express consent of the Township.

12.14. In case any premises be left vacant or without heat, the Owner thereof shall give notice to the Township.

12.15. When such building, as per Clause 12.14, is left vacant, with or without notice, the Township may turn off the water, and such water shall not be again turned on until the Township, in its discretion, shall consider it advisable. Service charges, as set in the most current Loyalist Township Water and Sewage Service Charges By-law, will apply.

12.16. Ownership of the meter will remain with the Township.

13.1. 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.

13.2. If a condition is found to exist which is contrary to Section 13.1 of this By-law, the Township may carry out an inspection and may issue such order or orders to the Owner as may be required to obtain compliance with Section 13.1 of this By-law.

13.3. If the Owner to whom the Township has issued an order or notice pursuant to Section 13.2, 13.4. 13.6, 13.7 or 13.8 fails to comply with that order or notice, the Township, at its discretion, may:

a. give notice to the Owner to correct the fault, at their expense, within a specified time period and if the notice is not complied with the Township 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.

13.4. Notwithstanding sections 13.1, 13.2, 13.3 of this By-law, where a risk of possible contamination of the water distribution system exists in the opinion of the Township, an Owner shall, on notice from the Township, install on their water service pipe a backflow prevention device, approved by the Township, in addition to any backflow prevention devices installed in the Owner’s water system at the source of the potential contamination.

13.5. Backflow prevention devices, when required by the Ontario Building Code, as amended, and the Township, 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.

13.6. 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 Township, by personnel approved by the Township to carry out such tests to demonstrate that the device is in good working condition. The Owner shall submit a report on the form approved by the Township or any or all tests performed on a backflow prevention device within ten (10) days of a test, and a record card shall be displayed on or adjacent to the
backflow prevention 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 their employer and the tester’s license number.

13.7. If an Owner fails to have a backflow prevention device tested, the Township may notify the Owner that the backflow prevention device must be tested within four (4) days of the Owner receiving the notice.

13.8. When the results of a test referred to in Section 13.6 of this By-law show that a backflow prevention device is not in good working condition, the Owner shall provide written confirmation of the failure to the Township 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.

13.9. No person shall without the prior written approval of the Township remove any backflow prevention device installed as a requirement of provincial legislation or by order under Section 13.2 of this By-law notwithstanding the fact that the applicable provincial regulation has been rescinded.

13.10. Any person authorized by the Township 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.

13.11. The Township may act at any time to protect the safety of the drinking water systems, which includes taking any action deemed necessary, up to and including disconnection of a service from the drinking water system.

14.1. Water for building purposes shall only be taken from completed and Township approved metered water service to the site. The termination at the service must be controlled by a valve suitable to not allow any backflow into the distribution system.

14.2. Water for building purposes will be billed for in accordance with the most current Loyalist Township Water and Sewage Service Charges By-law

15.1. No person other than a certified operator employed by the Township shall be permitted to turn on or turn off water by means of the street shut-off from any premises.

15.2. A diagram showing the installed service, as constructed, must be submitted by the applicant using Township standards after the installation has been completed and before the Township turns on the water.

16.1. No person shall use the supply of water for hydraulic elevators or motors, water driven appliances, whether operated wholly or in part by water, or for air conditioning or cooling.

16.2. The Director may at any time restrict the hours when water may be used for, including but not limited to, watering or sprinkling, by hose or pipe connections, lawns, gardens, grass plots, boulevards or grounds of any
description, car washing and filling of pools, as per clause 24.4 of this By-law.

17.1. No person shall at any time open or use water from any public hydrant with the exception of a certified operator employed by the Township. The members of Loyalist Township Emergency Services under the direction of an officer shall be considered as certified operators for the purposes of fighting fire and training.

17.2. Emergency Services will advise the Utilities Division in writing before the end of the next working day if any hydrant has been operated by the Emergency Services.

17.3. No person shall obstruct the free access to any fire hydrant, or plant or place, or cause or permit to be planted or placed, vegetation or other objects within a three (3) metre corridor between the hydrant and the curb, nor within a 1.5 metre radius beside or behind a hydrant, except with the prior written authorization of the Township.

17.4. No person shall damage or remove any part of a hydrant

18.1. The Township may shut off water from the premises of any person for a breach or non-compliance with this By-law or because of waste, breakage, or defects in the pipes or fixtures, and shall have the discretion to not turn on the water again until any penalty or fine imposed has been paid and/or until satisfactory evidence is received that the necessary repairs have been made.

19.1. The Township agrees to use reasonable diligence in providing a regular and uninterrupted supply of water consistently meeting quality and standards as defined in Ontario Regulation 170/03, as amended, but does not guarantee a constant supply or pressure, and will not be liable in damages to the consumer or third parties for the failure of the water supply quantity or any fluctuations thereof.

20.1. Subject to the notice requirements set out in Sections 11 and 24 of this Bylaw, the water supply may be interrupted for cleaning and/or repairing mains or pipes, or for effecting repairs to the machinery, pumps, or any part of the Waterworks.

20.2. The Township will not be liable in case of damage to boilers, fittings, or other property by reason of any such shut-off of the water.

20.3. All steam and hot water plants or installations shall be fitted with all necessary appliances as may be requisite for the purpose of safeguarding such plants and installations, and the property in connection therewith, in case of any such shut-off.

21.1. Where the Township deems the construction of a frost-proof chamber(s) is necessary to house a Township water meter(s), it shall give notice in writing accordingly mailed to the Owner by registered mail, and the Owner shall forthwith provide a drained, frost-proof chamber(s). The plans and specifications for such chamber(s) shall be subject to the approval of the Township.

21.2. The cost of providing and maintaining such a frost-proof chamber (s) readily accessible at all times shall be the responsibility of the Owner.

21.3. The water meter or meters shall be provided by and remain the property of the Township but shall be at the risk of the Owner. The Owner shall be responsible for all damages and replacement costs of the water meter where the meter is damaged.

21.4. The Township shall be entitled to shut off all water services without further notice at the expiry of twelve months from the date of the aforesaid written notice to the consumer, whether received by the Owner or not, unless an approved frost-proof chamber or chamber(s) has (have) been provided by that date and shutting off water shall not preclude any and all other remedies available to the Township by By-law or statute.

22.1. The authorized officers, employees and agents of the Township shall, when carrying out Township business, have, at all reasonable hours, free and unimpeded access to the buildings and premises of an Owner for the purpose of installing, reading, examining, repairing, or moving meters, readers, seals, pipes, and other material and appliances and for the inspection of all appliances, services, and pipes, and shall be able to remain on the property of the owner as long as may be necessary to carry out the requirements of
this by-law and to determine whether or not the provisions thereof are being fully observed.

22.2. As a condition of Water Service and as operational needs dictate, the Township shall have, at all reasonable times, free access, to all parts of Land or Premises in which water is delivered and consumed or Water Service located, for the purposes of:

a. Installation, inspection, testing, maintenance, repair, altering, replacement, disconnecting, and removal of the Drinking Water System, water service connections, temporary water systems, and other parts of the Drinking Water System.

b. Inspection of backflow prevention devices or other equipment and works associated with the Drinking Water system and the Private Water Service.

c. Verifying water leaks.

d. Inspections for compliance with this By-law, a Notice of Violation, or a condition to any permit.

22.3. Whenever the Township exercises a power of entry pursuant to this By-law, the Township shall:

a. Provide reasonable notice of the proposed entry to the Owner or Occupant of the Land or Premises.

b. In so far as is practicable, restore the Land or Premises to similar condition upon completion of the work.

23.1. When, in the opinion of the Township, the quantity of water consumed or likely to be consumed in a relatively short time by any person is such as to require special facilities, the Township shall give notice in writing, accordingly mailed to the person by registered mail, and the person shall forthwith provide a private overhead or underground reservoir of a capacity which in the opinion of the Township is sufficient to supply the person’s short-time requirements.

23.2. Plans and specifications of such reservoir and all piping thereof and connections thereto shall be subject to the approval of the Township in addition to such other approval as may be required.

23.3. The cost of providing and maintaining such reservoir and all piping and connections thereto shall be the responsibility of the person.

23.4. The Township shall be entitled to shut off all water without further notice at the expiry of twelve months from the date of the aforesaid written notice to the person whether such notice was received by the person or not unless an approved reservoir has been provided by that date and shutting off water shall not preclude any and all other remedies available to the Township by By-law or statute.

24.1. In the case of an emergency or any condition requiring repairs to any municipal sewer or water system, the Township may shut off or restrict the supply of water to a property.

24.2. Before shutting off or restricting the supply of water, the Township shall, except in the case of an emergency:

a. by personal service or by registered mail, serve the owners and occupants of the property as shown on the last returned assessment roll of the Township with a notice of the date upon which the Township
intends to shut off or restrict the supply of water if access to the property is not obtained before that date; or

b. ensure that a copy of the notice described in clause 24.2.1 is securely attached to the property in a conspicuous place.

24.3. If the Township has shut off or restricted the supply of water, the Township shall restore the supply of water as soon as practicable after the repairs have been completed.

24.4. When a water shortage problem exists or is expected, the Director may prohibit the use of water for non-emergency purposes, including but not limited to, lawn and garden watering, car washing, pool filling, or the taking of water from all or any of the Waterworks for other than use within the household, business, or institution by the Owner or occupant of the land to which the water is supplied, or for fire-fighting purposes. No person shall use water from the Waterworks system for outdoor watering when emergency restrictions are in place unless in accordance with imposed restrictions.

24.5. For the purpose of managing peak demands from May 1st to September 30th each year, persons at properties with an odd number civic address may use water for outdoor watering purposes only on odd number days of the month; persons at properties with an even number civic address may use water for
outdoor watering purposes only on even number days of the month. No person shall use water from the Waterworks system for outdoor watering except in accordance with the regulations specifically set out in clause 24.5 unless emergency restrictions, as identified in clause 24.4, are in effect.

24.6. Notwithstanding clauses 24.4 and 24.5, the Director will have sole discretion to restrict use if water use is deemed excessive.

24.7. If the Director deems that it is necessary to impose restrictions, the restrictions may be advertised in any one of the following ways:

• Door-to-door flyers;

• Radio advertisement;

• On the Township’s website and social media platforms;

• Notice in the newspaper;

• Notice in the Loyalist Township Municipal Calendar;

• Inserts in the Loyalist Township water bills;

• Inserts in the Loyalist Township tax bills.

24.8. The Director, in their sole discretion, may develop an exemption program or grace period for special circumstances, such as but not limited to, watering for sod, seed planting, new trees and/or new shrubs. All requests for exemption to this By-law must be in writing.

24.9. The Director, in their sole discretion, is authorized to allow a water user to use additional water at no additional expense to the water user where there is a concern that water quality, particularly chlorine content, is at peril due to low demand. This situation would normally only be present near the ends of dead-end lines or situations where there are extremely low flows within the local watermains or within temporary watermains and services. The Director will make any long-term commitments known to Council and the Treasurer.

25.1. This By-law shall be enforced by a Provincial Offences Officer.

25.2. 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 Council in enacting this By-law, that each and every other provision of this By-law authorized by law, be applied and enforced in accordance with its terms to the extent possible according to law.

26.1. Every person who contravenes any provision of this By-law or an order issued hereunder is guilty of an offence and upon conviction may be liable to payment of fines under the Safe Drinking Water Act, 2002 or Part I of the Provincial Offences Act, R.S.O. 1990, Ch. P.33 as amended.

27.1. By-law 2018-061 and any and all By-laws or portions thereof conflicting with this By-law are hereby repealed.

28.1. This By-law may be referred to as the "Waterworks By-law".

29.1. This By-law shall come into force and take effect upon the date of its passing.

Enacted and passed this 13th day of February 2024.