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81-195
- Water Costs for Fire Protection
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NEW BRUNSWICK
REGULATION 81-195
under the
Municipalities Act
(O.C. 81-974)
Filed December 3, 1981
Under subsection 192(1) of the
Municipalities Act
, the Lieutenant-Governor in Council makes the following Regulation:
1
This Regulation may be cited as the
Water Costs for Fire Protection Regulation Municipalities Act
.
2
In this Regulation
“water costs”
means the cost related to
(
a
)
water purchased;
(
b
)
source of supply, including the operation and maintenance thereof;
(
c
)
power and pumping, including the operation and maintenance thereof;
(
d
)
transmission and distribution, including the operation and maintenance thereof;
(
e
)
property taxes; and
(
f
)
debt charges attributable to water costs, including interest on debenture principal and long-term debt;
but does not include cost related to:
(
g
)
administration and general costs;
(
h
)
billing and collecting;
(
i
)
purification and treatment;
(
j
)
depreciation;
(
k
)
allowance for accounts receivable; or
(
l
)
any portion of costs related to sanitary or storm sewers.
3
(1)
A municipality is authorized to charge annually in its General Revenue Fund Budget a portion of its water costs against fire protection service, such portion to be determined as follows:
(
a
)
an amount calculated by multiplying the number of hydrants connected to the water system by one hundred twenty dollars; or
(
b
)
in the case of a municipality whose population is
(i
)
less than three thousand persons, an amount not exceeding sixty-five percent of the water costs,
(ii
)
between three thousand and five thousand nine hundred ninety-nine persons inclusive, an amount not exceeding fifty-five percent of the water costs,
(iii
)
between six thousand and fifteen thousand nine hundred ninety-nine persons inclusive, an amount not exceeding fifty percent of the water costs,
(iv
)
between sixteen thousand and forty-nine thousand nine hundred ninety-nine persons inclusive, an amount not exceeding forty percent of the water costs, and
(v
)
fifty thousand persons or more, an amount not exceeding thirty-five percent of the water costs.
3
(2)
A municipality is authorized to charge amounts calculated under either paragraph (1)(a) or (b), but not both.
98-90
4
Where a municipality determines any amount under paragraph 3(1)(b), it shall, in a form entitled “Municipal Budgets” supplied by the Minister, submit to the Minister its water utility estimates required for the following year’s operation at the time prescribed in the
Municipal Budgets Regulation - Municipalities Act
.
82-84
4.1
This Regulation applies with the necessary modifications to a rural community that has enacted a by-law under subsection 190.079(1) of the
Municipalities Act
with respect to the service of fire protection.
2005-41
5
Regulation 68-118 under the Municipalities Act is repealed.
N.B.
This Regulation is consolidated to July 15, 2005.
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