Acts and Regulations

2017, c.18 - Local Governance Act

Section 117
Disposition versions

Full text
Water and wastewater disposal services
117(1)For the purposes of this section, a water or wastewater commission established under section 15.2 of the Clean Environment Act shall be deemed to be a local government.
117(2)A local government that provides water or wastewater disposal services or operates a utility for either of those purposes may establish a commission to provide those services or operate those utilities on its behalf.
117(3)A local government that provides water or wastewater disposal services or operates a utility for either of those purposes under this section shall annually, on or before the date set in accordance with subsection 99(2), submit to the Minister the budget with respect to the service or utility for that year.
117(4)When providing water or wastewater disposal services or operating a utility for either of those purposes under this section, a local government or commission shall charge the users of the service or utility in order to produce an annually balanced budget.
117(5)If in the provision of water or wastewater disposal services or in the operation of a utility for either of those purposes under this section, a local government or commission has a deficit at the end of the budget period referred to in subsection (4),
(a) the deficit shall be debited against the budget for that service or utility for the second year following that year, or
(b) the deficit shall be spread over a four-year period commencing in the second year following that year.
117(6)If in the provision of water or wastewater disposal services or in the operation of a utility for either of those purposes under this section, the local government or commission has a surplus at the end of its fiscal year,
(a) the surplus shall be credited to the budget for that service or utility for the second year following that fiscal year, or
(b) the surplus shall be spread over a four-year period commencing in the second year following that fiscal year.
117(7)A local government or commission referred to in this section may, in accordance with the regulations, for each service or utility,
(a) establish, manage and contribute to an operating reserve fund, and
(b) establish, manage and contribute to a capital reserve fund.
117(8)In a by-law that establishes user charges respecting the provision of water or wastewater disposal services or the operation of a utility for either of those purposes, a local government may provide for
(a) the collection and recovery of user charges,
(b) discounts on user charges,
(c) the prepayment of user charges and payments by instalments,
(d) the imposition of penalties for non-payment, and
(e) the proceedings to be taken in default of payment.
117(9)All user charges, fees, rentals and penalties payable for water or wastewater disposal services supplied to or with respect to any land within the local government that is liable to taxation under the Assessment Act and are due and payable for a period of 60 days constitute a special lien and charge on the land in priority to every claim, privilege, lien or encumbrance of any person, except the Crown, whether the right or title of that person has accrued before or accrues after the lien arises, and the lien is not defeated or impaired by any neglect or omission of the local government or of any officer or employee of the local government or by want of registration.
117(10)The special lien and charge referred to in subsection (9) does not apply to land that is subject to a valid and subsisting lease in effect before April 2, 1968.
117(11)All user charges, fees, rentals and penalties payable for water or wastewater disposal services supplied to or with respect to any land within the local government that is not liable to taxation under the Assessment Act shall be a debt due to the local government by the owner or occupier of the land.
117(12)If the user charges, fees, rentals and penalties referred to in subsections (9) and (11) are owing to the local government by a person other than the owner of the land, the local government shall notify the owner in writing within 60 days after the user charges, fees, rentals and penalties become due and payable.
117(13)A local government may borrow temporarily in each year for current expenditures on user charge utilities a sum or sums of money not exceeding at any time 50% of the budgeted revenue for that year.
117(14)A local government may charge against the budget of the general operating fund, a portion of the water costs relating to fire protection services calculated in accordance with the regulations.
117(15)If a local government or a commission provides a service referred to in subsection (2), the local government or commission may by by-law
(a) compel the owner of a building standing on land by which the service line runs to connect up with the service, or
(b) make a charge to the owner of the land where the connection is not made with the service.
117(16)In determining the charge to be made in subsection (15), the local government or commission shall make its assessment as near as possible to what the user charge would be if the connection had been made.
Water and wastewater disposal services
117(1)For the purposes of this section, a water or wastewater commission established under section 15.2 of the Clean Environment Act shall be deemed to be a local government.
117(2)A local government that provides water or wastewater disposal services or operates a utility for either of those purposes may establish a commission to provide those services or operate those utilities on its behalf.
117(3)A local government that provides water or wastewater disposal services or operates a utility for either of those purposes under this section shall annually, on or before the date set in accordance with subsection 99(2), submit to the Minister the budget with respect to the service or utility for that year.
117(4)When providing water or wastewater disposal services or operating a utility for either of those purposes under this section, a local government or commission shall charge the users of the service or utility in order to produce an annually balanced budget.
117(5)If in the provision of water or wastewater disposal services or in the operation of a utility for either of those purposes under this section, a local government or commission has a deficit at the end of the budget period referred to in subsection (4),
(a) the deficit shall be debited against the budget for that service or utility for the second year following that year, or
(b) the deficit shall be spread over a four-year period commencing in the second year following that year.
117(6)If in the provision of water or wastewater disposal services or in the operation of a utility for either of those purposes under this section, the local government or commission has a surplus at the end of its fiscal year,
(a) the surplus shall be credited to the budget for that service or utility for the second year following that fiscal year, or
(b) the surplus shall be spread over a four-year period commencing in the second year following that fiscal year.
117(7)A local government or commission referred to in this section may, in accordance with the regulations, for each service or utility,
(a) establish, manage and contribute to an operating reserve fund, and
(b) establish, manage and contribute to a capital reserve fund.
117(8)In a by-law that establishes user charges respecting the provision of water or wastewater disposal services or the operation of a utility for either of those purposes, a local government may provide for
(a) the collection and recovery of user charges,
(b) discounts on user charges,
(c) the prepayment of user charges and payments by instalments,
(d) the imposition of penalties for non-payment, and
(e) the proceedings to be taken in default of payment.
117(9)All user charges, fees, rentals and penalties payable for water or wastewater disposal services supplied to or with respect to any land within the local government that is liable to taxation under the Assessment Act and are due and payable for a period of 60 days constitute a special lien and charge on the land in priority to every claim, privilege, lien or encumbrance of any person, except the Crown, whether the right or title of that person has accrued before or accrues after the lien arises, and the lien is not defeated or impaired by any neglect or omission of the local government or of any officer or employee of the local government or by want of registration.
117(10)The special lien and charge referred to in subsection (9) does not apply to land that is subject to a valid and subsisting lease in effect before April 2, 1968.
117(11)All user charges, fees, rentals and penalties payable for water or wastewater disposal services supplied to or with respect to any land within the local government that is not liable to taxation under the Assessment Act shall be a debt due to the local government by the owner or occupier of the land.
117(12)If the user charges, fees, rentals and penalties referred to in subsections (9) and (11) are owing to the local government by a person other than the owner of the land, the local government shall notify the owner in writing within 60 days after the user charges, fees, rentals and penalties become due and payable.
117(13)A local government may borrow temporarily in each year for current expenditures on user charge utilities a sum or sums of money not exceeding at any time 50% of the budgeted revenue for that year.
117(14)A local government may charge against the budget of the general operating fund, a portion of the water costs relating to fire protection services calculated in accordance with the regulations.
117(15)If a local government or a commission provides a service referred to in subsection (2), the local government or commission may by by-law
(a) compel the owner of a building standing on land by which the service line runs to connect up with the service, or
(b) make a charge to the owner of the land where the connection is not made with the service.
117(16)In determining the charge to be made in subsection (15), the local government or commission shall make its assessment as near as possible to what the user charge would be if the connection had been made.