Businesses and other non-residential buildings on Ormstown's water system must install a town water meter

Bylaw 134-2021, in force since February 2, 2021, requires owners of industrial, commercial, institutional and mixed buildings connected to the municipal water system to install a meter supplied by the town that can be read remotely. Missing the 60-day deadline after the town's notice counts as a refusal, and the offence continues every day.

Why this bylaw exists

The bylaw aims to measure drinking-water consumption in non-residential buildings and encourage saving it (art. 2). Its preamble says Québec's drinking-water saving strategy (Stratégie québécoise d'économie d'eau potable) requires meters in industrial, commercial, institutional and mixed buildings. It cites article 19 of the Loi sur les compétences, the Loi sur la fiscalité municipale and article 4.1.15 of construction bylaw 22-2006.

Notice of motion was given, and the draft tabled, on January 11, 2021, with a public notice on January 12. Council adopted the bylaw on February 1, 2021. The public notice of adoption and the entry into force are both dated February 2, 2021. No mover or seconder is printed.

Which buildings are covered

The bylaw applies to buildings that existed when it took effect and to every building built afterwards (art. 4). Exempt:

• mixed buildings where the non-residential share of the unit's taxable value is under 30% (classes 1A to 5) (art. 7);
• residential buildings (art. 8), except those “touchés par les exigences” of the Québec strategy, where the town will install meters at its own cost “for statistical purposes only” (art. 9); the article does not say which homes these are;
• places of public worship and presbyteries, cemeteries not run for profit, certain buildings of religious institutions, and buildings covered by a recognition in force under the first paragraph of article 243.3 of the Loi sur la fiscalité municipale (art. 10).

Article 3 includes classes 5 to 10 in its definition of a non-residential building; article 7 exempts mixed buildings in class 5 (15% or more and less than 30%) “nonobstant l'article 6” (notwithstanding article 6).

Who supplies, installs and pays

The town supplies each meter, with a remote-reading module, and remains its owner (art. 14). In a new building, the owner pays for the installation and all the work it requires, and the meter is rented to the owner under the fees in the annual taxation bylaw. In an existing building, the town pays the installation and the replacement of defective or obsolete meters, and the meters are rented at the rates in that taxation bylaw. A building whose change of use brings it under the bylaw is presumed to be a new building, so the owner pays all costs (art. 15). The work must be done by a plumber who is a member of the Corporation des maîtres mécaniciens en tuyauterie du Québec (CMMTQ), hired by the owner (art. 21). The bylaw does not say how the plumber's work is paid for in an existing building.

The deadlines

1. NoticeThe town sends owners of existing buildings a written notice of the obligation and of where to pick up the meter (art. 17).
2. Pickup and installation60 daysThe owner must take possession of the meter and have it installed no later than 60 days after receiving the notice (art. 18). The same 60 days, counted from a written notice, applies to an existing building without a meter that becomes subject to the bylaw (art. 12). After a change of use, the 60 days run from the change of use or from receipt of a written notice (art. 13). A new building needs its meter from the start of construction work (art. 11).
3. Compliance certificateThe owner returns a compliance certificate signed by the plumber (art. 18).
4. Seals or corrections15 daysIf the installation complies, the town puts on its seals. If not, corrections must be made within 15 days and the town inspects again (art. 29).
5. If the owner doesn't actAn owner who misses the deadline is deemed to have refused, and the offence continues every day until the owner complies (art. 19). After written notice, the town can do the installation or corrections itself, at the owner's expense (art. 20, 30).

Installation, upkeep and what is forbidden

The bylaw says its Annexes 1 to 5 (installation standards, the bypass refusal form and the compliance certificate) form an integral part of it (art. 18, 22, 27). They are not attached to the copy the town has posted.

• One meter per private water service line, right after the interior shut-off valve, inside the building or an annex, easy to reach and less than 3 metres from where the water enters (art. 23).
• On a new installation, a meter of 38 millimetres or more needs a bypass line at the owner's cost, with its valve sealed shut by the town. When a meter is replaced, the owner can refuse the bypass by signing the Annex 4 form, and then accepts that water may be cut off (art. 27).
• An existing meter can be kept only if it meets the accuracy standard of article 44, is compatible with the town's reading system, and is of the type and size the town sets; otherwise it must be replaced. The town may test a meter, which can require cutting off the water. To avoid that, the owner must, within 60 days of the town's notice, supply and install a bypass on the building's piping at their own cost (art. 6, 22).
• A backflow preventer (dispositif antirefoulement, DAR) is installed with the meter where applicable (art. 26). The owner must have it checked once a year by a certified tester and send the plumber's official report to the town within 30 days (art. 39).
• The owner must keep the meter working and protect it from frost, impacts, dust and water (art. 31).
• It is forbidden to modify or disable a meter (art. 34), move it without authorization (art. 35), tamper with a seal (art. 36), or connect a pipe or device between the town's water line and the meter (art. 27).

Readings and disputed bills

The town reads each meter at least once a year (art. 40). An owner who doubts a reading can ask for a test with a $300 deposit, returned if the meter is defective, in which case the bill is corrected. If the meter works, meaning an error of 5% or less, the town keeps the deposit and charges the owner any cost above it (art. 44).

Inspections and access

Designated employees may enter any public or private place at a reasonable time, “namely between 7:00 a.m. and 7:00 p.m., except in an emergency” (the paragraph printed as “6” after article 5). Article 47 lets the public works director and staff visit any property “without notice, at any reasonable hour”, and owners, tenants and occupants must let them in. Refusing access or obstructing staff is an offence.

Penalties

• First offence: $250 for an individual (personne physique), $500 for a company (personne morale). Repeat offence: $500 to $1,000 for an individual, $1,000 to $2,000 for a company (art. 52).
• Each day an offence continues is a separate offence (art. 53).
• Costs the town incurs to carry out a defaulting owner's obligation are treated like a property tax (art. 55, Frais).

What this means for residents

Residential buildings are excluded, apart from those covered by article 9 (art. 8–9). For a covered building, the 60 days run from receipt of the town's written notice, or, after a change of use, from the change or from a written notice (art. 13, 18). Notices can be left in the mailbox or on the door of the building, or sent by mail or email (art. 48).