Acts and Regulations

2017, c.18 - Local Governance Act

Section 164
Disposition versions

Full text
Operation of water or wastewater systems
Repealed: 2021, c.44, s.4
2021, c.44, s.4
164Repealed: 2021, c.44, s.4
2021, c.44, s.4
Operation of water or wastewater systems
164(1)In this section “commission” means a water or wastewater commission established under section 15.2 of the Clean Environment Act.
164(2)With the approval of the Lieutenant-Governor in Council, the Minister may enter into an agreement with respect to the acquisition, establishment, operation, alteration, extension or alienation of a water or wastewater system.
164(3)Subsection (2) does not apply if a commission acquires or operates a water or wastewater system in a local service district under section 15.2 of the Clean Environment Act.
164(4)If a water or wastewater system has been acquired by the Minister under subsection (2), or by a commission under section 15.2 of the Clean Environment Act, the Minister or the commission, as the case may be, shall operate the system on a user-charge basis and may, if both systems have been acquired, establish separate or joint rates.
164(5)The Minister or commission may establish, with respect to a user charge under subsection (4), one or more classes of users depending on prior payments by the users in relation to the cost of the work and the user charge may vary within each class.
164(6)The Minister or commission may recover the cost of the work, or any portion of it, on a user-charge basis under this section and the user charge may be established on an amortized or any other basis that the Minister or commission considers appropriate.
164(7)When operating a water or wastewater system under this section, the Minister or commission shall charge the users of the system in order to produce an annually balanced budget.
164(8)If in the operation of a system under this section, the Minister or commission has a deficit at the end of the budget period referred to in subsection (7),
(a) the deficit shall be debited against the budget for the operation of the system for the second year following that year, or
(b) the deficit shall be spread over a four-year period commencing with the second year following that year.
164(9)If, in the operation of a system under this section, the Minister or commission has a surplus at the end of the budget period referred to in subsection (7),
(a) the surplus shall be credited to the budget for the operation of the system for the second year following that fiscal year, or
(b) the surplus shall be spread over a four-year period commencing with the second year following that fiscal year.
164(10)The Minister or a commission may provide for the following respecting user charges:
(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.
164(11)All user charges payable for the operation of water or wastewater systems connected to any land within the local service district 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, 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 Minister or commission or by want of registration.
164(12)The special lien and charge referred to in subsection (11) does not apply to land that is subject to a valid and subsisting lease in effect before April 2, 1968.
164(13)The Minister or a commission may
(a) compel the owner of a building standing on land by which the service line runs to connect up with the water or wastewater system, or
(b) make a charge to the owner of the land where the connection is not made with the water or wastewater system.
164(14)In determining the charge to be made in subsection (13), the Minister or commission shall make the assessment as near as possible to what the user charge would be if the connection had been made.
164(15)A user charge levied under this section is a debt due to the Crown in right of the Province or a commission, as the case may be.
Operation of water or wastewater systems
164(1)In this section “commission” means a water or wastewater commission established under section 15.2 of the Clean Environment Act.
164(2)With the approval of the Lieutenant-Governor in Council, the Minister may enter into an agreement with respect to the acquisition, establishment, operation, alteration, extension or alienation of a water or wastewater system.
164(3)Subsection (2) does not apply if a commission acquires or operates a water or wastewater system in a local service district under section 15.2 of the Clean Environment Act.
164(4)If a water or wastewater system has been acquired by the Minister under subsection (2), or by a commission under section 15.2 of the Clean Environment Act, the Minister or the commission, as the case may be, shall operate the system on a user-charge basis and may, if both systems have been acquired, establish separate or joint rates.
164(5)The Minister or commission may establish, with respect to a user charge under subsection (4), one or more classes of users depending on prior payments by the users in relation to the cost of the work and the user charge may vary within each class.
164(6)The Minister or commission may recover the cost of the work, or any portion of it, on a user-charge basis under this section and the user charge may be established on an amortized or any other basis that the Minister or commission considers appropriate.
164(7)When operating a water or wastewater system under this section, the Minister or commission shall charge the users of the system in order to produce an annually balanced budget.
164(8)If in the operation of a system under this section, the Minister or commission has a deficit at the end of the budget period referred to in subsection (7),
(a) the deficit shall be debited against the budget for the operation of the system for the second year following that year, or
(b) the deficit shall be spread over a four-year period commencing with the second year following that year.
164(9)If, in the operation of a system under this section, the Minister or commission has a surplus at the end of the budget period referred to in subsection (7),
(a) the surplus shall be credited to the budget for the operation of the system for the second year following that fiscal year, or
(b) the surplus shall be spread over a four-year period commencing with the second year following that fiscal year.
164(10)The Minister or a commission may provide for the following respecting user charges:
(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.
164(11)All user charges payable for the operation of water or wastewater systems connected to any land within the local service district 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, 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 Minister or commission or by want of registration.
164(12)The special lien and charge referred to in subsection (11) does not apply to land that is subject to a valid and subsisting lease in effect before April 2, 1968.
164(13)The Minister or a commission may
(a) compel the owner of a building standing on land by which the service line runs to connect up with the water or wastewater system, or
(b) make a charge to the owner of the land where the connection is not made with the water or wastewater system.
164(14)In determining the charge to be made in subsection (13), the Minister or commission shall make the assessment as near as possible to what the user charge would be if the connection had been made.
164(15)A user charge levied under this section is a debt due to the Crown in right of the Province or a commission, as the case may be.