Toronto Water Supply Code Overview
Toronto Water Supply Code Overview
Chapter 851
WATER SUPPLY
§ 851-1. Definitions.
§ 851-2. Administration.
§ 851-3. Use and receipt of water.
§ 851-4. Water service connections.
§ 851-5. Metering of water.
§ 851-6. Water meter inspection.
§ 851-7. Maintenance.
§ 851-8. Private water system.
§ 851-9. Bulk water supply.
§ 851-10. Shut off and turn on by request.
§ 851-11. Water shut off initiated by the City.
§ 851-12. Fire hydrants.
§ 851-13. Fire hydrant permits.
§ 851-14. Water conservation and water use restriction orders.
§ 851-15. Contact information.
§ 851-16. Access.
§ 851-17. Inspection.
§ 851-18. Obstruction.
§ 851-19. General.
§ 851-20. Offences.
§ 851-21. Penalties.
§ 851-22. General enforcement powers.
§ 851-23. Document retention.
§ 851-24. Notice.
§ 851-25. Severability.
§ 851-26. Repeal.
[History: Adopted by the Council of the City of Toronto December 13, 2007 by
By-law 1392-2007.1 Amendments noted where applicable.]
General References
§ 851-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICABLE LAW - Any applicable federal, provincial or municipal laws, statutes, by-laws,
rules, regulations, policies, orders, directives and codes including but not limited to the Building
Code Act, 1992, and Fire Code as may be amended from time to time.2
APPLICANT - Any person who makes an application under this chapter.
AUTOMATED METER READING PROGRAM - The programs or projects, as may be adopted
by the City, for the supply and installation of water meters and a radio communications network
capable of reading, transmitting and collecting water meter readings throughout the City and
includes all related equipment, software and hardware. Automated Meter Reading Program
includes the water meter replacement and automated meter reading system project currently
undertaken by the City as at the enactment of this chapter.
1
Editor's Note: This by-law was passed under the authority of subsections 8(1), 8(2), 8(3) and 259(1), sections 7, 62, 63, 64, 65, 67 and 72
and Part XV of the City of Toronto Act, 2006, S.O. 2006, c. 11, Schedule A.
2
Editor's Note: The former definition of "account," which immediately preceded this definition, was repealed May 27, 2008 by By-law
506-2008. This by-law also provided that it came into force July 1, 2008.
AUXILARY WATER SUPPLY - Any water supply on or available to the premises other than the
water service connection provided by the City's waterworks. [Added 2010-07-08 by By-law
869-2010]
AWWA STANDARDS - The standards adopted by the American Waterworks Association, as
they may be amended from time to time.
BACKFLOW - The flowing back or reversal of the normal direction of the flow of water.
BACKFLOW PREVENTION DEVICE - A device or system that prevents backflow or
back-siphonage into the waterworks and is designed to prevent contamination of the waterworks
or water supply.
BACK-SIPHONAGE - Backflow caused by a negative pressure in the supply system.
BUILDING - Building as defined in the Building Code Act, 1992, as amended.
BUILDING AREA - Building area as defined in the Building Code Act, 1992, as amended.
[Added 2017-04-28 by By-law 461-2017]
BUILDING CODE ACT - Building Code Act, 1992, as amended, and the regulations thereunder.
BULK WATER - Potable water supplied by the City at a bulk water fill station for industrial,
commercial or institutional non-potable use purposes only. [Added 2019-03-28 by By-law 515-
20193]
BULK WATER FILL STATION – A city owned and operated station which dispenses bulk water
for sale. [Added 2019-03-28 by By-law 515-20194]
CBO - The Chief Building Official as defined in the Building Code Act, 1992.
CFO - The Chief Financial Officer and Treasurer of the City or designate. [Amended 2018-07-
27 by By-law 1206-2018; 2018-12-13 by By-law 17-20195]
CITY - The City of Toronto and where an authority or discretion is conferred upon a City official
under this chapter, means the appropriate official or representative of the City as designated or
appointed under its governing by-laws, resolutions or policies from time to time.
CONSUMER - The owner or occupier of property which is serviced by and connected to the
waterworks.
CROSS CONNECTION - Any actual or potential connection between the waterworks and any
source of pollution, contamination, or other material or substance that could change the quality
of water in the waterworks. This includes any bypass, jumper connection, removable section of
pipe, swivel or changeover device, and any other temporary or permanent connecting
arrangement through which backflow can occur.
3
Editor's Note: By-law 515-2019 came into force on April 1, 2019.
4
Editor's Note: By-law 515-2019 came into force on April 1, 2019.
5
Editor's Note: By-law 17-2019 deleted all references to the title "Chief Financial Officer" and replaced the title with "Chief Financial
Officer and Treasurer". By-law 17-2019 is deemed to have come into force on October 23, 2018.
6
Editor's Note: This by-law came into force July 1, 2008.
Where any of the above persons is a corporation, it shall also include the officers, directors and
shareholders of that corporation.
OWNER - A person who has a right, title, estate, or interest in a property, other than that of only
an occupant and, where that person is a corporation, shall include the officers, directors and
shareholders of that corporation, and shall include any person with authority or power over or
control over that property on the behalf of an owner. [Amended 2016-02-04 by By-law 100-
2016]
OWWA - Ontario Water Works Association, a section of AWWA.
PERSON - A natural person, an association, a partnership or a corporation, and the heirs,
executors, administrators or other legal representatives of a person to whom the context can
apply according to law.
PREMISE ISOLATION - The isolation of the water located within a building, structure or
property from the waterworks or water supply.
PRIVATE FIRE SERVICE MAIN - The pipes, fittings and appurtenances from the water service
connection conveying water for fire protection or suppression to all points in a fire protection or
suppression system.
PRIVATE METER - A water meter which is not owned, serviced or maintained by the City.
PRIVATE WATER SERVICE PIPE - The pipe, fittings and appurtenances which convey water
from the water service connection to a water meter, or to the point where the pipe and fittings
connected to the water service connection enters a building or structure if there is no water meter
for the purpose of domestic consumption. [Amended 2017-04-28 by By-law 461-2017]
PRIVATE WATER SYSTEM - An assembly of pipes, fittings, valves and appurtenances that
convey water from the private water service pipe to water supply outlets, fixtures, plumbing
appliances, devices, and appurtenances and all other points downstream of the water meter or
downstream of the point where the private water service pipe enters a building or structure if
there is no water meter.
PROPERTY - Includes a house, building, structure, lot or any part of a house, building, structure
or lot within the City which has a unique municipal address and is adjacent to the waterworks.
REMOTE READOUT UNIT - Any device which is used to record or transmit, or both, the water
consumption reading of a water meter and may be installed at a separate location from the water
meter but does not include the water meter register.
RENOVATED BUILDING - Any building or structure where the plumbing or piping around or
adjacent to a water meter is changed or altered.
ROAD ALLOWANCE - A common and public highway including a portion of a highway as
defined in the Municipal Act, 2001, S.O. 2001, c. 25.
ROOM - An area, or part of an area, in which a person may normally stand upright, of
4.64 square metres or more in a building, fully enclosed with a means of access and egress,
which may include, without limitation, any bedroom, living room, dining room, kitchen,
recreation room, summer kitchen, kitchenette, breakfast room, conservatory, sun room, enclosed
veranda and enclosed back porch but does not include a bathroom.
SHUT-OFF VALVE - The valve on or at a water service connection owned and used by the City
to shut off or turn on the water supply from the waterworks to a property.
STANDARDS AND SPECIFICATIONS - City of Toronto's standard construction specifications
and drawings for sewers and watermains as prescribed by the General Manager, and amended
from time to time. [Amended 2010-07-08 by By-law 869-2010]
STREETLINE - The boundary of a property which adjoins a road allowance.
SUBSTANTIALLY DEMOLISHED - The demolition of more than 50 percent of the exterior
walls of the first story above grade of a building or structure, whether or not they are
subsequently replaced.
TEMPORARY WATER METER - A water meter which measures the quantity of water
consumed at, in or upon a property during the construction of a structure, or during any other
temporary purpose as may be approved by the General Manager, intended to be temporary and
removed upon completion of the structure or other temporary purpose and is read, serviced,
maintained or supplied by the City.
TEMPORARY WATER SERVICE CONNECTION - A water service connection to the
waterworks for the purpose of the construction of a structure, or any other temporary purpose as
may be approved by the General Manager, intended to be temporary and removed upon
completion of the structure or other temporary purpose and may also include a temporary
connection to a fire hydrant.
UNIVERSAL METERING PROGRAM - Any program or project adopted by the City from time
to time to supply and install new water meters, remote water meter reading devices and meter
seals on all unmetered properties within the City.
WATER - Potable water supplied by the City.
WATER ACCOUNT - The record of water consumption and all fees and charges related thereto
at and for a property. [Added 2008-05-27 by By-law 506-20087]
WATERMAIN - The pipes within a water supply distribution system that serves more than one
property. [Added 2010-07-08 by By-law 869-2010]
WATER METER - An apparatus at a property or at a bulk water fill station which measures and
records the quantity of water passing through it and is read, serviced, maintained or supplied by
the City. [Amended 2019-03-28 by By-law 515-20198]
WATER SERVICE CONNECTION - That part of the waterworks, consisting of pipes, fittings
and appurtenances which supplies water to a property, and which is located between the City
watermain and the streetline or between the City watermain and the boundary line between a
City easement or other City land containing the watermain and private land.
7
Editor's Note: This by-law came into force July 1, 2008.
8
Editor's Note: By-law 515-2019 came into force on April 1, 2019.
WATERWORKS - Any works for the collection, production, treatment, storage, supply,
transmission and distribution of water, including bulk water, by the City, or any part of any of
these works, including the water service connection, but does not include plumbing to which the
Building Code Act, 1992, or any amendments thereto apply. [Amended 2019-03-28 by By-law
515-20199]
§ 851-2. Administration.
A. The administration of the waterworks and fixed water meter reading equipment shall be
under the jurisdiction of the General Manager.
B. The administration of water meter reading, water rates, accounting, billing and collection
shall be under the jurisdiction of the CFO.
C. The administration of the installation of new, renovated or altered private water service
pipes, private fire service mains, private water systems and appurtenances, backflow
prevention devices on private property shall be the responsibility of the CBO under the
Building Code Act or the General Manager under this chapter. [Amended 2008-12-03 by
By-law 1250-2008]
D. The administration of inspections of existing private water service pipes, private fire
service mains, private water systems and appurtenances, backflow prevention devices on
private property shall be the responsibility of the General Manager.
E. The General Manager shall be authorized to prescribe any City form under this chapter and
to amend or revise those forms from time to time.
F. The General Manager shall be authorized to amend or revise City standards and
specifications relating to this chapter as may be required from time to time.
G. The City may authorize programs or projects which may exempt persons or properties from
a provision or provisions of this chapter.
9
Editor's Note: By-law 515-2019 came into force on April 1, 2019.
10
Editor's Note: By-law 515-2019 came into force on April 1, 2019.
C. No person shall sell or otherwise similarly dispose of water or bulk water without the prior
written permission of the General Manager, other than authorized Toronto Fire Services
personnel or other City personnel, acting in the course of their duties.
D. No person shall obtain water or bulk water without paying the applicable charges, fees or
rates for that water or bulk water, except with the prior written approval of the General
Manager, other than authorized Toronto Fire Services personnel or other City personnel,
acting in the course of their duties.
(3) The owner of the property shall sign the application and shall be responsible for the
completeness and accuracy of the information furnished on the application and in the
plans.
(4) Any person who requires a water service connection on a temporary basis may make
an application for a temporary water service connection in the same manner as a
permanent water service connection. The provisions in Chapter 851 applicable to a
water service connection shall apply to both temporary and permanent water service
connections. [Added 2010-07-08 by By-law 869-2010]
C. Installation of water service connection.
(1) (a) Upon approval by the General Manager of an application submitted under
§ 851-4B(1) and compliance with § 851-4D, a water service connection
including any mains shall be installed by the City, at the expense of the owner,
in accordance with the standards and specifications and at rates, fees, charges
and costs prescribed or determined by the City from time to time. [Amended
2010-07-08 by By-law 869-2010]
(b) Notwithstanding § 851-4C(1)(a), upon approval by the General Manager of an
application submitted under § 851-4B(1) and compliance with § 851-4D, the
General Manager may authorize, in writing, an owner to install a water service
connection including any mains provided that: [Added 2010-07-08 by By-law
869-2010]
[1] The owner meets one of the following conditions:
[a] The installation of a water service connection is within a new or
existing unassumed subdivision; or
[b] The installation of a water service connection is to be constructed in
conjunction with the construction of new water main infrastructure
related to the owner's project; or
[c] Installation of a water service connection is approved by the General
Manager within an easement; and
[2] A written agreement between the City and the owner of the property, in
respect to the installation, any related work and acceptance of risk by the
owner, is first entered into on such terms and conditions as are acceptable
to the General Manager and in a form satisfactory to the City Solicitor;
and
[3] The installation is wholly at the expense and risk of the owner including
payment by the owner to the City of any rates, fees, charges and costs
prescribed or determined by the City from time to time or costs otherwise
incurred by the City as a result of or related to the installation and
inspection of the work; and
[4] The installation is in accordance with the City's standards and
specifications and the agreement set out in § 851-4C(1)(b)[2].
(b.1) The General Manager may exempt, where appropriate, an owner from the
conditions contained in § 851-4C(1)(b)[1] where the General Manager is
satisfied that the service connections can be properly installed by the owner in
accordance with the City specifications and the other requirements set out in
§ 851-4C(1)(b) are met. [Added 2013-07-19 by By-law 1030-2013]
(c) The General Manager is authorized to enter into and execute an agreement
provided in § 851-4C(1)(b)[2], unless Council has otherwise delegated
responsibility to enter and execute the form of agreement to another City
division head or official. [Added 2010-07-08 by By-law 869-2010]
(2) In the event that a person connects to the waterworks or installs a water service
connection in a manner other than as provided for in this chapter, the General
Manager may:
(a) Re-excavate the connection or water service connection for the purpose of
inspection and testing and, if necessary, require the owner to reinstall the work
in compliance with this chapter, all at the expense of the owner; or
(b) Disconnect the water service connection which shall not be reinstalled or
reconnected except with the prior written permission of the General Manager
and full compliance with the requirements of this chapter, all at the expense of
the owner.
D. Costs of water service connection.
(1) Upon approval by the General Manager of an application for a water service
connection submitted under § 851-4B(1), with respect to a dwelling unit to be
serviced by a water service connection not exceeding 25 mm in diameter, the General
Manager shall determine:
(a) The cost of providing that water service connection under the amounts specified
in Chapter 441, Fees and Charges, Appendix D - Schedule 2, Water Services,
for that type of water service connection, as may be established or amended by
the City from time to time; and [Amended 2009-12-04 by By-law 1206-200911;
2011-02-24 by By-law 335-201112]
(b) The conditions upon which that water service connection shall be provided,
and the owner shall pay that amount to the City, prior to the commencement of the
installation of the water service connection by the City, and comply with those
conditions.
(2) (a) Upon approval by the General Manager of an application for a water service
connection submitted under § 851-4B(1), with respect to a property other than a
dwelling unit to be serviced by a water service connection not exceeding 25 mm
11
Editor's Note: This by-law came into force April 1, 2009.
12
Editor's Note: By-law 335-2011 came into force March 1, 2011.
13
Editor's Note: This by-law came into force April 1, 2009.
14
Editor's Note: By-law 335-2011 came into force March 1, 2011.
No person shall install or cause the installation of a water service connection to be installed
within any road allowance, City easement or other City land, save and except an authorized
employee, agent or contractor of the City or a person expressly authorized to do so by a
written agreement with the City.
F. Separate connections. [Amended 2013-12-18 by By-law 1697-2013; 2017-04-28 by
By-law 461-2017]
(1) No person shall install or cause the installation of, and no owner shall permit the
installation of, a private water service connection to a municipal water service
connection that services more than one building on a property unless otherwise
permitted under the Building Code and the Safe Drinking Water Act, 2002, as
applicable, and this section.
(2) No person shall install or cause the installation of, and no owner shall permit the
installation of, a private water service connection to the municipal water service
connection that services more than one property.
(3) The General Manager may authorize a single water service connection to service a
single property containing multiple buildings, parcels of tied land, condominiums,
and/or freehold parcels, provided that:
(a) Such servicing complies with the Building Code and the Safe Drinking Water
Act, 2002, as applicable; and
[2] The owner of the lands upon which the service connection is located is
directly responsible for the payment of any fees and charges for the
supply of municipal water services to the property;
[3] The owner of the lands upon which the service connection is located is
directly responsible for any non-compliance with this chapter and any
enforcement measures and sanctions arising from non-compliance
with this chapter;
[4] The manner of ownership of the property will not impede the City's
ability to collect fees or charges or enforce compliance with this
chapter or Chapter 441 and Chapter 849; and
(4) Where an authorization is provided by the General Manager under § 851-4F(3), the
General Manager may make such authorization conditional on such terms and
(5) For the purpose of § 851-4F(3), a "parcel of tied land" shall be as defined under
section 24(1) of Ontario Regulation 49/01, made under the Condominium Act, 1998,
as amended from time to time.
G. Replacement of existing water service connection.
[Amended 2017-04-28 by By-law 461-2017]
(1) If a new water service connection replaces an existing water service connection,
the existing water service connection shall be disconnected from the City
watermain and the shut-off valve shall be removed, all at the same time as the
new water service connection is installed.
(2) An owner shall apply to the City for a new municipal water service connection
and, where there is an existing municipal water service connection, for the
disconnection of the existing municipal water service connection(s) where there
is:
(a) A subdivision or severance of a lot or parcel of land or change in location
of any building or structure on a lot serviced by the existing water service
connection; or
(b) A construction of a new or reconstructed building or structure that will be
directly or indirectly supplied by the municipal water service connection.
(3) The owner shall pay to the City all costs related to:
(a) The installation of a new municipal water service connection; and
(b) Where required by this chapter, disconnection of existing municipal water
service connection(s).
Costs shall be payable on an actual cost basis, subject to a minimum charge equal
to the applicable flat rate for such works, as determined by the City from time to
time.
(4) Notwithstanding § 851-4G(1) or (2), an owner may apply to the General Manager
for the reuse of a municipal water service connection, up to and including 25 mm
in diameter, for the purposes of servicing a residential dwelling if the municipal
water service connection meets, as determined by the General Manager, all of the
following criteria:
(a) The municipal water service connection must meet current City standards
and specifications;
(b) The municipal water service connection must not be a double connection
or otherwise supply more than one property; and
(c) The municipal water service connection must have properly functioning
curb stops and valves and no record of low pressure.
(5) The owner, upon making an application under § 851-4G(2) or § 851-4G(4), shall
pay to the City any fees, charges and costs as may be prescribed or determined by
the City from time to time.
H. Demolition of a property.
(1) If a building or structure on a property is demolished or substantially demolished, the
water service connection shall be disconnected by the City at the connection point to
the City watermain.
(2) The owner shall pay all costs associated with the disconnection prior to the
demolition of the building or structure.
I. Costs of disconnection of water service connection.
(1) In the event that an owner requests a disconnection of a water service connection, in
relation to a dwelling unit serviced by a water service connection not exceeding
25 mm in diameter, the General Manager shall determine:
(a) The cost of providing that disconnection under the amounts specified in
Chapter 441, Fees and Charges, Appendix D - Schedule 2, Water Services, for
that type of water service disconnection, as may be established by the City from
time to time; and [Amended 2009-12-04 by By-law 1206-200915; 2011-02-24
by By-law 335-201116]
(b) The conditions upon which that disconnection shall be provided,
and the owner shall pay that amount to the City prior to the commencement of the
disconnection of the water service connection by the City and comply with those
conditions.
(2) (a) In the event that an owner requests a disconnection of a water service
connection in relation to any property, other than a dwelling unit serviced by a
water service connection not exceeding 25 mm in diameter, or a disconnection
of a water service connection installed for construction purposes under § 851-9,
the General Manager shall determine:
[1] An estimated cost of providing that disconnection; and
[2] The conditions upon which that disconnection shall be provided.
(b) The owner shall pay, as a deposit, the amount specified in Chapter 441, Fees
and Charges, Appendix D - Schedule 2, Water Services, for the type of water
service disconnection under § 851-4I(2)(a), prior to the commencement of the
disconnection by the City and the owner shall comply with those conditions set
15
Editor's Note: This by-law came into force April 1, 2009.
16
Editor's Note: By-law 335-2011 came into force March 1, 2011.
17
Editor's Note: This by-law came into force April 1, 2009.
18
Editor's Note: By-law 335-2011 came into force March 1, 2011.
19
Editor's Note: This by-law came into force April 1, 2009.
20
Editor's Note: By-law 335-2011 came into force March 1, 2011.
excavation, restoration and any other services and work performed by the City in
relation to the inspection, and the applicant shall pay those actual costs.
(a) In the event that the actual cost of the work is greater than the deposit, the
applicant shall immediately pay to the City the difference between the actual
cost and the deposit.
(b) In the event that the actual cost of the work is less than the amount deposit, the
General Manager shall refund the difference between the actual cost and the
deposit to the owner.
K. Acceptance of temporary water service connection.
(1) An owner may apply in writing on the form prescribed by the General Manager to
have a temporary water service connection and temporary private water service pipe
accepted as the permanent water service connection and permanent private water
service pipe to a property.
(2) Where the General Manager determines that the temporary water service connection
and temporary private water service pipe comply with the City's standards and
specifications for a permanent water service connection and permanent private water
service pipe, the General Manager may approve and accept that temporary water
service connection and temporary private water service pipe and shall advise the
owner accordingly of the General Manager's decision.
L. Installation and inspection of private water service pipe and private fire service mains.
(1) All private water service pipes and private fire service mains and their appurtenances
shall be installed by the owner, at the owner's sole expense, in accordance with all
applicable law including, but not limited to, the Building Code Act, 1992, the
standards and specifications and this chapter.
(2) No owner shall install a private water service pipe or private fire service main or
permit a private water service pipe or private fire service main to be installed on that
owner's property except where:
(a) The watermain to which the connection is to be made is fully completed and
accepted by the City for operation; and
(b) A water service connection has been installed to the satisfaction of the General
Manager.
(3) In the event that a person installs or permits to be installed a private water service
pipe or private fire service main in a manner not in accordance with this chapter, the
General Manager may order the excavation of the private water service pipe or
private fire service main or any other action as may be necessary for the purpose of
inspection and testing by the City. [Amended 2008-12-03 by By-law 1250-2008]
(4) (a) If the General Manager determines, after an inspection and testing or otherwise,
that a private water service pipe or private fire service main has not been
installed in accordance with § 851-4L(1), the General Manager may direct the
owner to perform whatever remedial work that may be required to comply all at
the expense of the owner. [Amended 2008-12-03 by By-law 1250-2008]
(b) Where the owner fails or refuses to perform the remedial work under § 851-
4L(4)(a), the General Manager may:
[1] Order the owner to perform whatever remedial work may be required by
the General Manager, in addition to any requirements by the CBO, to
bring the private water service pipe or private fire service main or both, as
the case may be, into complete compliance with the standards and
specifications and this chapter; or
[2] Disconnect the private water service pipe or private fire service main or
both from the waterworks;, or
[3] Both Subsection L(4)(b)[1] and [2].
(c) Upon a disconnection by the General Manager under § 851-4L(4)(b)[2] and [3],
the owner shall not reinstall a private water service pipe or private fire service
main or both except:
[1] Upon the prior written approval of the General Manager;
[2] Upon the payment of all fees and charges payable to the City in respect to
the disconnection; and
[3] In complete compliance with the standards and specifications and this
chapter.
M. Maintenance and use of private water service pipe and private fire service main.
(1) No owner of a property shall fail to keep all private water service pipes and private
fire service mains on that property including but not limited to fittings, valves, meter
chambers and supports thereof in good working order and repair at all times.
(2) (a) No owner of a property shall fail to repair any and all leaks, defects or
malfunctions in, of or on the private water service pipe or private fire service
main on that owner's property, including leaks, defects or malfunctions related
to valves, fittings or corroded piping, as soon as possible after becoming aware
of any such leak or defect or malfunction.
(b) In the event that the owner fails or refuses to repair any and all leaks, defects or
malfunctions in, of or on the private water service pipe or private fire service
main on that owner's property, including leaks, defects or malfunctions related
to valves, fittings or corroded piping, the General Manager may issue an order
to the owner to do so.
(c) The owner shall comply with an order issued under § 851-4M(2)(b) no later
than 48 hours after issuance.
(3) If an order is issued under § 851-4M(2), the owner shall pay the amount specified in
Chapter 441, Fees and Charges, Appendix D - Schedule 2, Water Services, with
respect to any water not registered by a meter or for any water loss each day an order
of the General Manager under § 851-4M(2)(b) is not complied with. [Amended
2009-12-04 by By-law 1206-200921; 2011-02-24 by By-law 335-201122]
(4) Despite § 851-4M(3), where the owner can provide, to the satisfaction of the General
Manager, an accurate record of the actual water lost as a result of the leak, defect or
malfunction, the amount payable shall be equal to the amount so recorded to the
satisfaction of the General Manager.
N. Frozen water service pipe.
(1) No owner of a property shall fail to ensure that all private water service pipes, the
private water system and private fire service mains on that property are protected
from freezing.
(2) An owner shall be responsible for:
(a) Any damage incurred as a result of any private water service pipe, private water
system or private fire service main on that owner's property freezing; and
(b) Any water loss or water discharge which occurs as the result of a leak in a
frozen private water service pipe, private water system or private fire service
main on that owner's property.
(3) (a) Thawing out frozen water service pipes shall be the owner's responsibility.
(b) Where, upon the owner's application, the City assists the owner in the thawing
of frozen pipes on that owner's property, all work performed by the City to
assist the owner in that regard shall be performed at the owner's risk and the
owner shall have no claim whatsoever against the City by reason of that work.
21
Editor's Note: This by-law came into force April 1, 2009.
22
Editor's Note: By-law 335-2011 came into force March 1, 2011.
23
Editor's Note: By-law 515-2019 came into force on April 1, 2019.
(a) Water is used by consumers at a property serviced by the City with water on a
flat rate payment basis as of the date of the coming into force of this chapter; or
(b) The use of unmetered water is otherwise permitted by this chapter.
(4) Subsections 851-5A(1) and (2) shall apply, despite § 851-5A(3), where water is used
by consumers at a property serviced by the City with water on a flat rate payment
basis as of the date of the coming into force of this chapter to:
(a) A property containing an irrigation system, in-ground swimming pool, spa, hot
tub, a permanent above-ground swimming pool, an ornamental fountain, or
water-cooled machinery or equipment; or
(b) A property is a commercial or industrial building, a place of worship building,
an apartment building, or a building with four or more dwelling units; or
(c) The water service connection to the property is replaced, whether it is within the
property or the street allowance adjacent to the property.
(5) Any person who uses water, in contravention of § 851-5A(1), (2) or (4), shall pay the
cost of all water used, as specified in Chapter 441, Fees and Charges, Appendix D -
Schedule 2, Water Services. [Amended 2009-12-04 by By-law 1206-200924; 2011-
02-24 by By-law 335-201125]
(6) Despite § 851-5A(3), the General Manager may require the owner of a property
serviced by the City on a flat rate basis as at the date of the coming into force of this
chapter to have a water meter, a remote readout unit, and related equipment and
materials installed by the City and in use at that owner's property under a universal
metering program.
(7) Despite § 851-5A(3), the General Manager may require the owner of a property
serviced by the City and equipped with a water meter to have a new water meter or a
remote readout unit, or both, and related equipment and materials installed by the
City under a water meter installation or replacement program or project or automated
meter reading program of the City.
B. Installation of water meter.
(1) No person shall install a water meter other than as required by this chapter unless
otherwise authorized in writing by the General Manager.
(2) Water meters, including strainers, valves and water meter by-pass arrangements
where required, for new or renovated buildings shall be installed by the owner, at the
sole expense of the owner, in accordance with the standards and specifications.
(3) Every owner, required to install a water meter under this chapter, shall install a water
meter on that owner's property in a secure location within seven days of receiving it
from the City.
24
Editor's Note: This by-law came into force April 1, 2009.
25
Editor's Note: By-law 335-2011 came into force March 1, 2011.
(4) Despite any other provision of this chapter, the water meter, conduit and wire for the
remote readout unit shall be installed prior to occupancy of a new or renovated
building or part thereof.
(a) The water meter, conduit and wire for the remote readout unit shall be installed
by the owner and inspected and sealed by the General Manager.
(b) If a telephone line or electrical outlet or both is required by the standards and
specifications, that telephone line together with a telephone jack or that
electrical outlet or both, as the case may be, shall also be installed by the owner
and shall be operational at the time that the water meter is installed.
(c) All costs in relation to the installation, including the costs of the necessary
telephone line, shall be the responsibility of the owner.
(5) Except as otherwise provided for in this chapter, the water supply to a property will
not be turned on until the General Manager has inspected and sealed the water meter
installed at the property as set out in § 851-6.
(6) No person shall turn on the water supply to a property until the General Manager has
inspected and sealed the water meter installed at the property, other than authorized
Toronto Fire Services personnel or other City personnel acting in the course of their
duties or authorized agents or contractors of the City expressly acting within the
scope of their work or services.
(7) In the event that the water supply to a property has been turned on prior to the
General Manager's inspection and sealing of the water meter at the property, the
General Manager shall be entitled to shut off the supply of water to the property.
(8) Despite § 851-5B(3) and (4), in the case of a property subject to meter installation or
replacement under a universal metering program or automated meter reading
program, the City may install the water meter, conduit and wire for the remote
readout unit and automated meter reading equipment.
C. Supply and payment for water meters.
(1) The City shall supply water meters for all buildings to which a water service
connection is provided.
(a) Strainers and connection fittings including water meter flanges to be attached to
the water meter shall also be provided by the City when required by the
standards and specifications.
(b) The owner shall pay the amounts specified in Chapter 441, Fees and Charges,
Appendix D - Schedule 2, Water Services, for the water meter and all required
strainers, connection fittings, hardware and flanges supplied by the City in
accordance with § 851-5C, at the time of submission of a water service
26
Editor's Note: This by-law came into force April 1, 2009.
27
Editor's Note: By-law 335-2011 came into force March 1, 2011.
(4) An owner of a property shall, at reasonable times, provide the General Manager with
clear and unobstructed access to the owner's private water service pipe and private
water system:
(a) For the purpose of installing a non-intrusive flow monitoring device on the
private water service pipe or private water system near the water meter; and
(b) For the purpose of conducting any flow monitoring tests under § 851-5D(3) to
determine if the existing water meter is the appropriate size for the property.
(5) In the event that the result of the flow monitoring tests and analysis of water use at a
property under § 851-5D(3) indicate that the capacity of the water meter is not
appropriately sized for the property, the owner shall, at the owner's sole expense,
change the water meter and adjacent piping to comply with the standards and
specifications, if directed by the General Manager.
(6) The charge payable by an owner for a water meter shall be based on the size of the
water meter as determined by the General Manager in accordance with § 851-5D(1)
or § 851-5D(3).
(7) For flow monitoring tests required under § 851-5D, the owner shall be responsible to
protect the flow monitoring device installed at the owner's property against loss or
damage.
E. Refusals to install.
(1) Under a universal metering program or automated meter reading program, no owner
shall refuse or obstruct the City in the installation of:
(a) A water meter and related items; and
(b) Automated meter reading equipment.
(2) (a) No owner of a property shall fail to install a water meter and any related items
and equipment as required under this chapter.
(b) In the event that the owner fails or refuses to install a water meter and any
related items and equipment as required, the General Manager may issue an
order to the owner to do so.
(c) The owner shall comply with an order issued under § 851-5E(2)(b) no later than
seven days after issuance.
(d) If an owner fails to comply with an order under § 851-5E(2)(b), the General
Manager may undertake the work at the owner's expense in accordance with
§ 851-22D.
F. Notification by owner.
(1) Upon receipt of an approval from the CBO for the installation of new plumbing or for
all new or replacement private water service pipe installations, where a water meter is
required to be installed under this chapter, the owner shall immediately notify the
General Manager when the property is ready for the installation of the water meter.
(2) For all new or replacement water service connection installations, the owner shall
notify the General Manager upon installation of the water meter in accordance with
the standards and specifications and within seven days of receipt of the water meter
from the City as required by § 851-5B, except where § 851-5B(8) applies.
G. Provision for water meter.
An owner of a property shall ensure that provision is made in the piping system of all
existing, new and renovated buildings or structures for the installation of a water meter of
the same diameter as the private water service pipe in accordance with the standards and
specifications.
H. Water meter by-pass piping.
(1) When the property is not in compliance with this chapter, the General Manager may
require the owner of a property which is not a dwelling unit, containing a water meter,
to supply, install and maintain in good working order a by-pass pipe and valves in
accordance with the standards and specifications, at the owner's sole cost.
(2) The by-pass pipe and valves to be supplied and installed by the owner in accordance
with § 851-5H(1) shall be configured so as to permit the testing, repair or replacement
of the water meter without an interruption of the water supply.
(3) The General Manager shall seal the by-pass valve, to be supplied and installed in
accordance with § 851-5H(1), in the closed position upon notification of its
installation by the owner.
(4) No person shall break the seal of the General Manager on a by-pass valve, except
with the prior authorization of the General Manager.
(5) If the owner fails or refuses to supply and install the by-pass pipe or valves in
accordance with the standards and specifications, the General Manager may order the
owner:
(a) To supply and install a new or replacement water meter by-pass pipe or valves;
(b) To remove any defective pipe or valves and install new pipe or valves; and
(c) To repair and maintain the water meter by-pass pipe or valves,
in accordance with the standards and specifications, at the owner's expense.
(6) An owner shall comply with an order made under § 851-5H(5) within seven calendar
days from receipt of the order from the General Manager.
(7) If an owner fails to comply with an order made under § 851-5H(5) within the time
required, the General Manager may undertake the work, at the owner's expense, in
accordance with § 851-22D.
I. Water meter chamber.
(1) A water meter shall be installed in a water meter chamber constructed by the owner in
accordance with the standards and specifications, at the owner's expense, if:
[Amended 2008-12-03 by By-law 1250-2008; 2014-06-13 by By-law 537-2014]
(a) The distance between the streetline and the location where the water meter
would be located inside the building or structure is greater than 30 metres from
the streetline; or
(b) The General Manager is of the opinion that a water meter cannot be located
inside a building or structure in accordance with the standards and
specifications.
(1.1) Subsection 851-5I(1)(a) shall not apply in respect to a single family dwelling unless,
in the General Manager's determination, a water meter chamber is necessary for:
]Added 2014-06-13 by By-law 537-2014]
(d) Otherwise protecting the pressure, quantity or quality of the City's water system
or for accommodating or containing infrastructure, devices or appurtenances to
protect the pressure, quantity or quality of the City's water system.
(2) Where required under § 851-5I(1) or § 851-5I(1.1), a water meter chamber shall be
located within the property of the owner and within three metres of the streetline, in a
location approved by the General Manager prior to construction. [Amended 2014-06-
13 by By-law 537-2014]
(3) No owner shall obstruct nor permit the obstruction of a water meter chamber.
(4) No owner shall place shrubs, trees or other landscaping within 1 1/2 metres of the
outer perimeter of a water meter chamber.
(5) An owner shall keep all landscaping on that owner's property cut back and clear of a
water meter chamber.
(6) (a) To facilitate the reading of the water meter, the General Manager may require
the owner to prepare the water meter chamber cover for the installation of a
chamber cover type remote readout unit in accordance with the standards and
specifications for water meters, at the owner's sole expense.
(b) If the General Manager determines that a chamber cover type remote readout
unit device is not appropriate for a location, the General Manager may:
[1] Require the owner, at the owner's expense, to install a mounting post and
plate to accommodate the remote readout unit at a location satisfactory to
the General Manager; or
[2] Determine the appropriate type and location of the remote readout unit and
the owner shall install that unit at the owner's expense,
all in accordance with the standards and specifications.
J. Remote readout unit and remote readout unit wire.
(1) (a) For each water meter at a property, the City may provide each metered property
with a remote readout unit or units and a wire for each remote readout unit or
units.
(b) The City shall be the sole supplier of remote readout units and wires to each
property.
(c) Ownership of the remote readout unit(s) and wires shall remain with the City.
(2) The owner of a property shall supply and install a metallic electrical quality conduit,
which complies with the City standards and specification, to contain the remote
readout unit wire in accordance with the standards and specifications for new
buildings or renovated buildings or properties where the remote readout unit wire has
become damaged.
(3) The owner of a property shall protect the remote readout unit and wire from damage.
(4) The owner of a property, at the owner's sole expense, using wire supplied by the City,
shall install remote readout unit device wire for new installations at new or renovated
properties or replace any damaged remote readout unit device wire in accordance
with the standards and specifications.
(5) If the wire or the metallic electrical conduit required under § 851-5J(2) becomes
damaged the General Manager shall provide new wire at the owner's sole expense,
and the owner shall replace the existing wire and damaged conduit within 14 days of
written order from the General Manager to do so.
(6) If the remote readout unit becomes damaged, the owner of the property shall pay the
full cost to the City for the City to supply and install a new remote readout unit, as
specified in Chapter 441, Fees and Charges, Appendix D - Schedule 2, Water
Services. [Amended 2009-12-04 by By-law 1206-200928; 2011-02-24 by By-law
335-201129]
(7) The General Manager shall inspect and connect the new wire or remote readout unit
installation, and the owner of the property shall provide access to the General
Manager to the property to permit the General Manager to do so.
28
Editor's Note: This by-law came into force April 1, 2009.
29
Editor's Note: By-law 335-2011 came into force March 1, 2011.
(8) If damage occurs to the remote readout unit, the General Manager may require the
owner to make space available for a protective device and to install that protective
device, supplied by the General Manager at the owner's cost, over the remote readout
unit in accordance with the City's standards and specifications.
(9) If damage occurs to the remote readout unit wire, the General Manager may require
the owner of the property to make space available for a metallic electrical quality
conduit over that remote read out unit wire and the owner shall, at the owner's sole
expense, supply and install that conduit and install any replacement remote readout
wire supplied by the City, all in accordance with the standards and specifications.
(10) An owner of the property shall ensure that the remote readout unit is easily accessible
to the General Manager at all times, and at no time shall access to it be obstructed.
(11) An owner of the property may submit an application on the prescribed City form to
the General Manager to change the location of a remote readout unit.
(12) The General Manager shall only approve the relocation of a remote readout unit if the
proposed location is in compliance with the standards and specifications.
(13) (a) If an application for the relocation of a remote readout unit is approved, the
owner of the property shall relocate the remote readout unit, the wire and
conduit in compliance with the standards and specifications.
(b) In no event shall any splices be permitted in the remote readout unit wire.
(c) New wire of sufficient length shall always be used when a remote readout unit
is relocated.
(14) The owner of the property shall pay all costs associated with the relocation of a
remote readout unit.
(15) Despite § 851-5J, in the case of a property subject to meter installation or replacement
under a universal metering program or automated meter reading program, the City
may install a remote readout unit and wire for the remote readout unit at its cost.
K. Dedicated telephone line and electrical outlet.
(1) (a) Every owner shall install a dedicated telephone line or an electrical outlet, or
both, for a remote readout unit complete with telephone jack or electrical outlet,
or both, if required by the standards and specifications or if so required by the
General Manager.
(b) The telephone line and electrical outlet shall be operational at the time that the
water meter is installed.
(2) (a) If a water meter is to be installed at a property where the installation is not
required to be in a water meter chamber and the water account will be a high
volume account, the owner shall provide a dedicated telephone line and
connection and electrical outlet within one metre of the water meter if so
required by the General Manager.
(b) For the purpose of reading the water meter, the dedicated telephone line and
electrical outlet shall be installed in accordance with the standards and
specifications and shall provide uninterrupted service and be dedicated for the
sole purpose of reading and monitoring the water meter.
(3) The owner shall pay all costs, including installation, maintenance and rental costs for
the telephone line and connection and any costs in relation to the electrical outlet.
L. Number of water meters.
(1) If two or more water service connections supply water to a property, each water
service connection shall be separately metered.
(2) If required by the CFO for billing purposes, an owner of a property shall install the
number of water meters necessary in the determination of the CFO to meet those
purposes, and the owner shall pay all costs associated with those installations.
M. Water meter on private fire service main. [Amended 2008-12-03 by By-law 1250-2008]
Where a property has a new private fire service main the owner shall provide and install at
the owner's cost a detector check valve and install a water meter supplied by the City at that
main in accordance with the standards and specifications.
N. Temporary water meter.
(1) (a) If the installation of a temporary water meter is required under this chapter, the
owner of the property, or
(b) If the installation of a temporary water meter is requested and permitted under
this chapter, the applicant
shall be responsible for any loss or damage to the temporary meter and any
backflow prevention device that may be installed.
(2) The owner of the property or applicant shall pay for the water consumption registered
on the temporary water meter and shall be billed in accordance with current water
rates as set out in Chapter 849, Water and Sewage Services and Utility Bill, and
Chapter 441, Fees and Charges. [Amended 2008-05-27 by By-law 506-200830]
(3) Where a temporary water meter will be installed, the City may supply and the owner
or applicant, under § 851-5N(1), shall install a backflow prevention device in
accordance with § 851-8 and the standards and specifications.
(4) (a) As an alternative to the General Manager supplying the backflow prevention
device, the General Manager may require the owner or applicant, under § 851-
5N(1), to supply, install and maintain a backflow prevention device in
accordance with § 851-8 and the standards and specifications approved by the
General Manager for that purpose.
30
Editor's Note: This by-law came into force July 1, 2008.
31
Editor's Note: This by-law came into force April 1, 2009.
32
Editor's Note: By-law 335-2011 came into force March 1, 2011.
33
Editor's Note: This by-law came into force April 1, 2009.
34
Editor's Note: By-law 335-2011 came into force March 1, 2011.
(3) When, in the opinion of the General Manager, a private meter used for billing
purposes as set out in § 851-5R(2) requires repair or replacement, that private meter
shall be replaced by a water meter that is supplied, owned, serviced, maintained and
read by the City.
S. Condominium applications. [Amended 2013-12-18 by By-law 1697-2013]
(1) A common element watermain for domestic water service shall be used to service a
condominium corporation.
(2) Every owner of a condominium unit serviced by a common element watermain shall
be responsible for installing or cause to be installed a single water meter on that
common element watermain. For the purpose of this subsection, a "condominium
unit" shall include a "parcel of tied land" as defined under section 24(1) of Ontario
Regulation 49/01, made under the Condominium Act, 1998, as amended from time to
time. For the purpose of this subsection, a "condominium unit" shall include a "parcel
of tied land" as defined under section 24(1) of Ontario Regulation 49/01, made under
the Condominium Act, 1998, as amended from time to time.
(3) (a) Any water service connection, private water service pipe, water meter, conduit,
remote readout unit and wire required under §§ 851-4 and 851-5 shall be
installed by, or be caused to be installed by the owner, before any condominium
unit is occupied or upon substantial completion of construction of any
condominium unit, whichever is sooner.
(b) The water service connection, private water service pipe, water meter, conduit,
remote readout unit and wire required under §§ 851-4 and 851-5 shall be
installed in accordance with this chapter and the standards and specifications.
(4) In the event that a water service connection, private water service pipe, water meter, a
conduit, a remote readout unit, or a wire are not installed in accordance with § 851-
5S(1) and (3), then the owner of the property shall pay for the water used by that
condominium corporation in accordance with the water consumption estimated by the
CFO for the property based on historical average consumption for the same or similar
premises until the time that a water service connection, private water service pipe,
water meter, conduit, remote readout unit and wire are all installed and functioning
properly, all in accordance with the standards and specifications.
on that property or to permit the General Manager to test, read, repair, maintain,
alter, disconnect, remove, replace or install a water meter or seal a water meter
which has been installed.
(b) Without limiting the generality of § 851-6B(1)(a), the location of a water meter
shall be accessible without the use of a portable ladder or the necessity of
climbing over or removal of an obstacle.
(2) Every owner and occupier shall, at reasonable times and on reasonable notice,
provide the CFO with free, clear and unobstructed access to the property for the
purpose of reading the water meter or for the purpose of determining the number of
rooms and fixtures in the premises where the property is billed on a flat rate basis.
(3) (a) When requested by the General Manager or CFO, an owner or occupier, as the
case may be, shall remove any insulating or other material from, on or around a
water meter in order to provide the General Manager or CFO with full,
unobstructed access to the water meter.
(b) Any replacement of the material referenced in § 851-6B(3)(a) shall be done by
the owner at the owner's sole expense in accordance with the standards and
specifications for water meters and all applicable law, including but not limited
to the Occupational Health and Safety Act and its Regulations.
(4) As part of an inspection, the General Manager or CFO shall at all times be permitted
to take photographs, including digital images, of any water meter, private meter, by-
pass pipe and valves, inlet and outlet valves, backflow prevention device, private
water system, private water service pipe, private fire service main or water meter
chamber.
C. No person, except a person authorized by the General Manager in writing, shall open, or in
any way alter or tamper with any water meter or seal or do anything which may interfere
with the proper registration of the quantity of water that passes through a water meter or
ought to pass through a water meter. [Amended 2010-07-08 by By-law 869-2010]
§ 851-7. Maintenance.
A. Maintenance of water meter appurtenances and piping.
(1) Every owner shall ensure that all valves are fitted with proper handles and shall
provide, install and properly maintain all valves to, from and around the water meter
as required by the standards and specifications.
(2) To allow for proper flow of water or maintenance of equipment, the General Manager
may require an owner to install, or cause to be installed, the proper valving
arrangement in respect of the supply of water to the property in accordance with the
standards and specifications at the owner's sole expense.
(3) Every owner shall maintain all plumbing including all piping, by-pass arrangements,
fittings and valves to and from and around a water meter in good working order and
shall replace and repair them as necessary all in accordance with the standards and
specifications. Owners shall not be responsible for maintaining the water meter or
strainer.
(4) Every owner shall, at reasonable times, permit the General Manager to inspect the
private water service pipe, private water system, private fire service main, or the inlet,
outlet, flushing, drainage and by-pass valves on piping adjacent to or around the
water meter.
(5) If the General Manager determines that the condition of a private water service pipe,
private fire service main, or private water system or valves on piping adjacent to the
water meter prevents the water meter from being properly or safely tested, calibrated
or repaired in place or removed for the purpose of testing, replacing or repairing, the
owner shall, at the owner's sole expense, repair or, if necessary, replace the private
water service pipe, private fire service main, or private water system or valves, as the
case may be, to enable the General Manager to test, calibrate, repair or remove the
water meter.
(6) Where the General Manager makes that determination under § 851-7A(5), the
General Manager may issue an order to the owner to repair or replace, at the owner's
expense, the private water service pipe or private fire service main or private water
system or valves, as the case may be, within 21 days of the receipt of the General
Manager's order.
(7) (a) If an owner does not carry out the work as required in an order under § 851-
7A(6), the General Manager shall be entitled to carry out the work and shut off
the water supply to the property during the removal, replacement, repair, testing
and calibration of the water meter.
(b) The City shall not be responsible for any loss or damage to the owner's property
or loss or damage otherwise suffered by the owner arising from work carried
out by the City or the shut off of the water supply in accordance with § 851-
7A(7)(a).
(8) The General Manager may undertake the work, at the owner's expense, in accordance
with § 851-22D.
(9) If, after removing, replacing, repairing, testing or calibrating the water meter, the
General Manager determines that the private water service pipe or private water
system or any valves or fittings leak or may develop a leak, then the General Manager
shall be entitled to shut off the water supply to the property until the time that the
owner makes repairs to stop or prevent leakage, at the owner's expense.
(10) The General Manager shall replace an existing water meter where the General
Manager determines it requires replacement due to normal wear and tear, at the
expense of the City.
B. Maintenance of water meter chamber.
(1) Every owner shall be responsible for maintaining, repairing and replacing any water
meter chamber containing a water meter for the owner's property and for keeping it in
a safe condition.
(2) (a) Every owner of property with a water meter chamber or seasonal water meter
chamber or both shall remove or cause to be removed, and shall dispose of, all
solid and liquid debris, waste and other materials which are non-essential to the
proper functioning of the water meter or may be hazardous, toxic, combustible
or explosive in nature, from the water meter chamber.
(b) The removal and disposal of the material referenced in § 851-7B(2)(a) is subject
to all applicable law, including Chapter 681, Sewers.
(3) (a) At the request of the General Manager or CFO, and upon reasonable notice,
every owner shall provide the General Manager or the CFO, as the case may be,
with access to any water meter chamber or seasonal water meter chamber or
both for the owner's property to permit the General Manager or the CFO to
maintain, repair, replace or read the water meter.
(b) The owner shall ensure that all solid and liquid material is removed from the
chamber to enable the access required by § 851-7B(3)(a).
(4) (a) The owner shall notify the General Manager or the CFO a minimum of 48 hours
in advance of the scheduled date and time for access, under § 851-7B(3), of the
removal of the material.
(b) If the owner is unable to remove the material from the water meter chamber or
seasonal water meter chamber or both so as to provide access within the time set
out in the notice, the owner shall so notify the General Manager or the CFO no
less than 48 hours before the time of the proposed inspection or other purpose
for which the access is required, and shall, at the same time, further advise the
General Manager or the CFO of a date and time, no more than five days later,
when access will be provided.
(5) No owner shall fail to provide the General Manager or the CFO with access to a water
meter chamber or seasonal water meter chamber or both in accordance with § 851-
7B(3) or the required notice in § 851-7B(4).
C. Water meter accuracy.
(1) All water meters measuring consumption for billing purposes shall meet or exceed all
current minimum AWWA standards for accuracy.
(2) (a) An owner, upon written application to the General Manager or CFO on the
prescribed City form, may have the water meter at the owner's property tested
by the General Manager or CFO to determine if the water meter is over-
registering the amount of water consumed at the property.
(b) The owner shall pay to the City the amount specified in Chapter 441, Fees and
Charges, Appendix D - Schedule 2, Water Services, for the testing provided for
35
Editor's Note: This by-law came into force April 1, 2009.
36
Editor's Note: By-law 335-2011 came into force March 1, 2011.
37
Editor's Note: This by-law came into force July 1, 2008.
38
Editor's Note: This by-law came into force July 1, 2008.
39
Editor's Note: This by-law came into force July 1, 2008.
40
Editor's Note: This by-law came into force July 1, 2008.
(7) An owner of a property shall install the relocated private water service pipe in a
trench in the floor of any building serviced by the private water service pipe and shall
provide a minimum of 100 mm of concrete cover for that pipe.
(8) Every owner of a property shall permit the General Manager to inspect a private
water service pipe and private water system installation prior to any backfilling with
concrete taking place. [Amended 2008-12-03 by By-law 1250-2008]
(9) In the event that an owner has placed concrete backfill over the private water service
pipe or private water system prior to the inspection by the General Manager under
§ 851-7D(8), the owner shall remove any concrete which has been placed, at the
owner's expense, to permit the inspection. [Amended 2008-12-03 by By-law 1250-
2008]
(10) All relocation work and material shall conform to the standards and specifications and
comply with the requirements of the Building Code Act, 1992.
(11) (a) If an owner fails to relocate a water meter, private water service pipe or private
water system in accordance with the standards and specifications and this
chapter, the General Manager may order the owner: [Amended 2008-12-03 by
By-law 1250-2008]
[1] To supply and install a new or replacement water meter by-pass pipe or
valves;
[2] To remove any defective pipe or valves and install new pipe or valves; and
[3] To repair and maintain the water meter by-pass pipe or valves,
in accordance with the standards and specifications, at the owner's expense.
(b) An owner shall comply with an order made under § 851-7D(11) within seven
calendar days from receipt of the order from the General Manager.
(c) If the owner fails or refuses to comply with an order made under § 851-7D(11)
within the time required, the General Manager may undertake the work, at the
owner's expense, in accordance with § 851-22D.
E. Water meter leaks.
(1) An owner of a property shall immediately, and no later than within 72 hours, notify
the General Manager if any leaks develop at the water meter or its couplings.
(2) The City shall not be responsible for any damage to the property as a result of any
leaks at the water meter or its couplings.
F. Building demolition.
(1) No person shall demolish a building, or permit a building to be demolished until the
final water meter reading is obtained and the water meter and remote readout unit are
recovered by the General Manager.
(2) An owner who has received a permit to demolish a property shall notify the General
Manager in writing at least seven days in advance of the date on which the water
supply to the property is no longer required and shall make an appointment with, and
provide access to, the General Manager to enable the General Manager to take a final
water meter reading and to remove the water meter and the remote readout unit from
the property and turn off the water supply at the shut-off valve.
(3) The owner or the owner's representative shall be present at the property when the
final water meter reading is taken, the water meter is removed and the water supply is
turned off.
(4) The owner shall pay the amounts specified in Chapter 441, Fees and Charges,
Appendix D - Schedule 2, Water Services, for the turn off of the water supply to the
property and shall pay all costs of the City related to the disconnection of the water
service connection from the waterworks in accordance with § 851-4. [Amended
2009-12-04 by By-law 1206-200941; 2011-02-24 by By-law 335-201142]
(5) In the event an owner fails to provide access to a property prior to the demolition of a
building or structure on the property, in accordance with § 851-7F(1), the owner shall
pay to the City an amount equal to the cost of a new water meter and remote readout
unit of the same type and size as was unable to be recovered by the General Manager
from the property in accordance with the amounts specified in Chapter 441, Fees and
Charges, Appendix D - Schedule 2, Water Services. [Amended 2009-12-04 by By-
law 1206-200943; 2011-02-24 by By-law 335-201144]
(6) In addition to the amounts payable under § 851-7F(5), the owner shall also pay the
amount of water consumption, from the last water meter reading date to the date of
disconnection of the water service connection from the waterworks, estimated by the
CFO in accordance with § 849-31E of Chapter 849, Water and Sewage Services and
Utility Bill. [Amended 2008-05-27 by By-law 506-200845]
(7) (a) Despite § 851-7F(1) and (5), if the General Manager determines that it is not
necessary to recover a water meter from a property to be demolished, the
General Manager shall so notify the owner in writing after receipt of the notice
from the owner that the owner has received a permit to demolish a building or
structure.
(b) Upon receipt of the notice from the General Manager under § 851-7F(7)(a), the
owner may proceed with the demolition of the building.
41
Editor's Note: This by-law came into force April 1, 2009.
42
Editor's Note: By-law 335-2011 came into force March 1, 2011.
43
Editor's Note: This by-law came into force April 1, 2009.
44
Editor's Note: By-law 335-2011 came into force March 1, 2011.
45
Editor's Note: This by-law came into force July 1, 2008.
water sample chain of custody is properly established from the taking and
transportation of the water sample through to the report of the test results; and
(d) Prepare a report setting out the results of the testing and submit the test results
to the General Manager as set out in § 851-8B(3).
(3) (a) The General Manager will turn on the water supply to properties requiring
testing under § 851-8B only if an original copy of the water sampling laboratory
test results showing satisfactory disinfection and written verification of
satisfactory disinfection by the owner's professional engineer, who is authorized
by the Professional Engineers Ontario to perform that work, is received by the
General Manager within 48 hours of the tests being completed.
(b) The documentation required under § 851-8B(2)(d) and § 851-8B(3)(a) shall be
stamped, signed and sealed by the professional engineer.
(4) All disinfection, laboratory testing and report preparation and verification shall be
done at the expense of the owner.
C. Contamination prevention.
No person shall directly or indirectly connect, permit or cause to be connected, allow to
remain connected to the waterworks or construct, install or maintain any piping, fixture,
fitting, container, appliance, equipment or any other connection which may or could enable
non-potable water, wastewater, or any other liquid, chemical or substance to enter the
waterworks that may affect the potable quality of the water supply. [Amended 2017-04-28
by By-law 461-2017]
D. Cross connection and backflow prevention.
(1) If the General Manager determines that a contravention of § 851-8C may exist at a
property, the General Manager may immediately carry out an inspection and may
issue an order or orders to the owner or occupier of the property or any other person
as may be required to remedy the contravention.
(2) Where, in the opinion of the General Manager, there is a risk of contamination at a
property, the owner of the property, upon an order from the General Manager, shall
install a backflow prevention device or devices approved by the General Manager for
the purpose of achieving premise isolation, regardless of any other protective devices
that may be installed on the private water system.
(3) All backflow prevention devices required for premise isolation shall be selected,
installed, replaced, maintained and tested by the owner in accordance with this
chapter, the Building Code Act, 1992, and CSA - B64 Series Standards.
(4) Unless otherwise required by § 851-8C or § 851-8D, every owner of a new or existing
industrial, commercial, institutional, or residential property identified in Schedule 5
of this chapter or of any other new or existing building, structure or property that
contains a hazard resulting in a risk of contamination of the waterworks shall install,
at the owner's expense, backflow prevention device(s) in accordance with the
46
Editor's Note: By-law 461-2017 replaced the words "premise isolation backflow prevention device" in each instance in § 851-8 with
the words "backflow prevention device".
47
Editor's Note: By-law 461-2017 added new §§ 651-8D(5) to (7) and renumbered previous §§ 651-8D(5) through (20) as §§ 851-8D(8)
through (23).
48
Editor's Note: By-law 100-2016 also renumbered previous §§ 851-8D(6) through (19) to §§ 851-8D(7) through (20).
(b) Every owner required to install a backflow prevention device shall determine
the proper device in accordance with CSA - B64 Series Standards and this
chapter. [Amended 2017-04-28 by By-law 461-2017]
(c) Despite § 851-8D(10)(b), where an owner is required to install a backflow
prevention device under this chapter, the General Manager may direct the owner
to install a specific type of backflow prevention device where the General
Manager determines that such specified device is necessary to prevent
contamination of the waterworks. [Amended 2017-04-28 by By-law 461-2017]
(d) Every owner required to install or replace a backflow prevention device shall
install the device downstream of the water meter and water meter by-pass prior
to any tapping, or where circumstances require, in an alternate location
authorized by the General Manager. [Amended 2008-12-03 by By-law 1250-
2008; 2013-12-18 by By-law 1697-2013; 2017-04-28 by By-law 461-2017]
(e) Every owner required to install a backflow prevention device shall ensure that it
is in proper working order at all times and that all piping between the water
meter and the backflow prevention device is clearly labeled "no connection
permitted." [Added 2008-12-03 by By-law 1250-2008; 2017-04-28 by By-law
461-2017]
(f) Notwithstanding § 851-5M, a backflow prevention device, approved by the
General Manager, may be installed with a detector assembly, in lieu of a
detector check valve on new systems. [Added 2008-12-03 by By-law 1250-
2008; 2017-04-28 by By-law 461-2017]
(11) (a) Each backflow prevention device shall be inspected and tested at the installation
location, at the expense of the owner, by a person authorized to do so in
accordance with § 851-8F. [Amended 2017-04-28 by By-law 461-2017]
(b) The owner shall ensure that the person inspecting and testing the backflow
prevention device is in compliance with § 851-8F. [Amended 2017-04-28 by
By-law 461-2017]
(c) Owners shall cause the inspections and testing of a backflow prevention device
to be performed: [Amended 2017-04-28 by By-law 461-2017]
[1] Upon the installation of the backflow prevention device;
[2] Immediately, and no later than 72 hours after the backflow prevention
device is cleaned, repaired, replaced, serviced or overhauled;
[3] When the backflow prevention device is relocated;
[4] Annually;
[5] As required by this chapter and standards and specifications, including
CSA - B64 Series Standards and AWWA standards for test procedures; and
[6] As may be required by the General Manager.
(d) In addition to any other provision of this section, the General Manager may at
any time order an owner to conduct tests, provide reports, and undertake any
other measures required for the purpose of ensuring the prevention of backflow
to the waterworks if the General Manager determines that a contravention of
§ 851-8C may exist at a property. [Added 2008-12-03 by By-law 1250-2008]
(12) Every owner shall submit a complete report, on the prescribed City form, to the
General Manager in respect of any tests performed on a backflow prevention device
within seven days of the performance of the test. [Amended 2017-04-28 by By-law
461-2017]
(13) The owner shall cause to be displayed a legibly marked record card or contractor's
test tag on the backflow prevention device that indicates the address of the property,
the location, type and date of installation of the device, manufacturer, serial number
and size of the device, the test date, the tester's initials, the tester's printed name, the
printed name of the tester's employer and the tester's certificate number. [Amended
2017-04-28 by By-law 461-2017]
(14) If an owner fails to have a backflow prevention device inspected, tested and approved
as required under all applicable law, including this chapter, the General Manager may
order the owner to test the device within seven calendar days of the order being sent.
[Amended 2017-04-28 by By-law 461-2017]
(15) If a test of a backflow prevention device reveals that the device is not in proper
working condition, or is not in conformance with the standards and specifications, the
owner shall repair or replace the device within 48 hours of the performance of the
test. [Amended 2017-04-28 by By-law 461-2017]
(16) (a) The General Manager may require the owner of an existing industrial,
commercial, institutional building, structure or property or any other property,
that has the potential to contaminate the waterworks, to submit a backflow
prevention device survey on the City prescribed form to the General Manager,
at the owner's expense.
(b) If a backflow prevention device survey is required, the owner shall submit it to
the General Manager by the date specified in the General Manager's notification
to the owner of its requirement.
(c) Where the General Manager has not specified a date by which the backflow
prevention device survey must be submitted in the notification to the owner of
the requirement for a survey, the survey shall be submitted to the General
Manager within 30 days of the date of the General Manager's notification.
(17) An owner, required to submit a backflow prevention device survey under this chapter,
shall update the then current survey upon the occurrence of any of the following:
[Amended 2017-04-28 by By-law 461-2017]
(a) any change, alteration or replacement of the backflow prevention device;
(b) any change in the level of hazard as defined under CSA-B64 Series Standards;
(c) where a change in the risk of contamination to the waterworks has occurred or
may occur;
(d) upon notification by the General Manager where the General Manager
determines a change in the risk of contamination to the waterworks has occurred
or may occur.
(18) (a) All backflow prevention device surveys shall be completed as per the form
prescribed by the General Manager. [Amended 2017-04-28 by By-law 461-
2017]
(b) The survey shall be prepared and signed by a person authorized under § 851-8G
to perform that work. [Amended 2017-04-28 by By-law 461-2017]
(19) The preparation and submission of the backflow prevention device surveys, and all
related reports, documentation and work shall be carried out at the expense of the
owner.
(20) (a) Any person installing, repairing, relocating or testing backflow prevention
devices shall provide to the General Manager, prior to undertaking such task,
documentation establishing his or her qualifications, as are required under
§ 851-8F, to perform such task. [Added 2010-07-08 by By-law 869-2010;
2017-04-28 by By-law 461-2017]
(b) Any person testing backflow prevention devices shall ensure that the testing
equipment is, at all times, maintained so that it performs within the
manufacturer's tolerances and specifications. [Amended 2017-04-28 by By-law
461-2017]
(c) The equipment shall be tested, calibrated and certified by the manufacturer, or
the manufacturer's representative authorized to do so, to meet the requirements
of CSA - B64 Series Standards and shall be maintained in accordance with
those standards.
(d) The testing and calibration required under § 851-8D(20)(b) and (c) shall be
done on an on-going basis but in no event shall it be carried out less often than
once every 12 months. [Amended 2010-07-08 by By-law 869-2010]
(21) No person shall remove or cause or permit to be removed a backflow prevention
device after it has been installed unless that removal is: [Amended 2017-04-28 by
By-law 461-2017]
(a) Necessary to facilitate the repair of the device and that device is immediately
replaced by a temporary device, until the time that the original device is
satisfactorily repaired or replaced and tested; or
(b) For the purpose of immediately replacing the device with another device that
meets or exceeds the requirements of this section; or
(c) Warranted due to alterations to the private water system which completely
remove the risk of contamination for which the backflow prevention device was
required, in which case:
[1] The owner shall submit to the General Manager a survey prepared and
signed by a person authorized under § 851-8G attesting to the fact that the
device or devices are no longer required; and
[2] The device shall not be removed until the General Manager approves of
the removal, which approval shall be made if the altered system no longer
requires the device or devices in accordance with the standard and
specifications and the CSA - B64 Series Standards; and
[3] The cost of obtaining the necessary documentation under this subsection
shall be the responsibility of the owner; or
(d) Otherwise authorized by the General Manager.
(22) All temporary backflow prevention devices shall meet or exceed the requirements of
the standards and specifications, CSA - B64 Series Standards and this chapter.
(23) (a) A property owner may apply in writing on the form prescribed by the General
Manager for approval to submit and implement a proposed compliance program
setting out remedial compliance activities to be undertaken by the owner.
[Amended 2017-04-28 by By-law 461-2017]
E. Access to devices.
(1) (a) Every backflow prevention device shall be installed in a location that is readily
accessible for operational, renewal, servicing, maintenance and inspection
purposes. [Amended 2017-04-28 by By-law 461-2017]
(b) The location of the backflow prevention device shall be accessible without the
use of a portable ladder or the necessity of climbing over or removal of an
obstacle. [Amended 2017-04-28 by By-law 461-2017]
(2) The General Manager may, at reasonable times or in the case of an emergency, at any
time, enter a property for the purpose of inspecting or testing a private water service
pipe, private water system, a private fire service main, a backflow prevention device.
[Amended 2008-12-03 by By-law 1250-2008]
(3) (a) Owners shall remove any insulating or other material on or adjacent to the
private water service pipe, private water system, private fire service main,
backflow prevention device so that full access to that pipe, system or devices
are available for the testing and inspection purposes. [Amended 2017-04-28 by
By-law 461-2017]
(b) All of the removal and any subsequent replacement carried out under § 851-
8E(3)(a) shall be performed by the owner at that owner's expense in accordance
with all applicable law including but not limited to Occupational Health and
Safety Act and its Regulations.
(4) No person shall obstruct or permit or cause the obstruction of the access to a private
water service pipe, private water system, or backflow prevention device, either
permanently or temporarily. [Amended 2017-04-28 by By-law 461-2017]
F. Requirements for backflow prevention device testers. [Amended 2008-12-03 by By-law
1250-2008; 2010-07-08 by By-law 869-2010; 2017-04-28 by By-law 461-2017]
No owner of a property shall permit a person to test, install, replace, maintain, repair,
relocate, clean or overhaul a backflow prevention device unless that person meets the
following requirements:
(1) The person holds a valid and current Certificate of Achievement in Cross Connection
Control endorsed by the Ontario Water Works Association, ASSE International, or
other recognized certification organizations approved by the General Manager;
(2) The person possesses a current calibration certificate as required by § 851-8D(20) for
the test equipment to be employed; and
(3) The person is authorized to perform the specified task as indicated in the Authorized
Functions List Table set out in Schedule 6 of this chapter, as amended from time to
time.
G. Persons authorized to perform backflow prevention device surveys.
The following persons are authorized to perform surveys under § 851-8:
(1) The persons authorized to perform the specified task as indicated in the Authorized
Functions List Table set out in Schedule 6 of this chapter, as amended from time to
time.
49
Editor's Note: By-law 515-2019 came into force on April 1, 2019.
F. Any person supplied bulk water by the City shall pay to the City the bulk water fee as set
out in Chapter 441, Fees and Charges, Appendix D - Schedule 2, Water Services.
G. The use of bulk water is restricted to non-potable purposes only. No person shall
consume bulk water or cause or permit the consumption of bulk water as potable water.
H. Any person supplied bulk water by the City shall meet any conditions and comply with
any policies, procedures and agreements that are or may be established from time to time
by the General Manager for the bulk water pilot.
(b) The owner or the owner's representative shall attend at the property at the time
of the appointment to ensure the General Manager has access to the property,
water meter and the shut off valve.
C. Except in the case of an emergency or maintenance being performed on the waterworks by
the General Manager, the owner shall be present at the property when the water is either
shut off or turned on by the General Manager.
D. The owner shall pay to the City for any shut off or turn on of the water supply to a property
the amount specified in Chapter 441, Fees and Charges, Appendix D - Schedule 2, Water
Services. [Amended 2009-12-04 by By-law 1206-200950; 2011-02-24 by By-law 335-
201151]
E. No person shall turn on or shut off the supply of water to a property at the shut-off valve
without the prior authorization of the General Manager.
50
Editor's Note: This by-law came into force April 1, 2009.
51
Editor's Note: By-law 335-2011 came into force March 1, 2011.
(6) An emergency or potential emergency exists and an owner or occupier has not
provided to the General Manager immediate free, clear and unobstructed access to the
property, premises, private water service pipe, private water system, water meter and
any backflow prevention device in accordance with this chapter, until the time that
free, clear and unobstructed access to the property, premises, private water service
pipe, private water system, water meter and any backflow prevention device is
provided to the General Manager; or
(7) The General Manager requires the water to be shut off to effect the installation, repair,
maintenance or replacement of new or existing Toronto Water infrastructure,
appurtenances and/or equipment and may keep the supply of water to a property shut
off until such the time as the work is completed. The General Manager shall provide,
in the event of emergency work, such notice to the affected property owner(s) as may
be practical in the circumstances and, in the case of planned work, at least 48 hours'
prior notice. [Added 2017-04-28 by By-law 461-2017]
C. In the event that water has been shut off for any reason provided in this chapter or
applicable laws, the City shall not be required to restore the supply of water to a property
until all outstanding fines, charges, fees and rates in arrears in relation to the treatment and
supply of water and collection and treatment of wastewater have been paid in full, or
arrangements satisfactory to the CFO are made to pay all outstanding fines, charges, fees
and rates in arrears, and all orders of the General Manager have been complied with.
D. With respect to any shut off or subsequent turn on of the water supply to a property under
§ 851-11B, the owner shall pay to the City the amount specified in Chapter 441, Fees and
Charges, Appendix D - Schedule 2, Water Services, for water shut off or subsequent turn
on. [Amended 2009-12-04 by By-law 1206-200952; 2011-02-24 by By-law 335-201153]
E. The General Manager shall, prior to the shut off of a water supply, provide reasonable
notice of the shut-off to the owners and occupiers of the land or property by personal
service or prepaid mail or by posting the notice on the land or property in a conspicuous
place.
F. Despite § 851-11E, in the event of an emergency or potential emergency including
circumstances set out in § 851-11B(4), (5) and (6), the General Manager shall provide only
such notice as may be practical and possible in the circumstances.
G. The City shall not be liable for damages or loss caused by the stoppage, interruption or
reduction of the amount of water supplied to the land or property of any person as a result
of an emergency or a breakdown, repair or extension of the waterworks if, in the
circumstances, reasonable notice of the General Manager's intention to stop, interrupt or
reduce the supply of water is given.
52
Editor's Note: This by-law came into force April 1, 2009.
53
Editor's Note: By-law 335-2011 came into force March 1, 2011.
H. Chapter 835, Vital Services, Discontinuance of, shall not apply to the shut-off of water by
the City except to the shut-off of water to a rental unit, as defined by Chapter 835, for non-
payment of a water account.
54
Editor's Note: This by-law came into force April 1, 2009.
55
Editor's Note: By-law 335-2011 came into force March 1, 2011.
A. (1) A person may submit an application on the prescribed City form to the General
Manager for a temporary supply of water from a fire hydrant for purposes other than
authorized Toronto Fire Services personnel or other City personnel, acting in the
course of their duties, provided that the purpose, in the determination of the General
Manager, is of general benefit to the City and will not interfere with or impede
Toronto Fire Services or City activities and operations. [Amended 2010-07-08 by
By-law 869-2010]
(2) The applicant shall pay in advance the amount specified in Chapter 441, Fees and
Charges, Appendix D - Schedule 2, Water Services, for a fire hydrant permit.
56
Editor's Note: This by-law came into force April 1, 2009.
57
Editor's Note: By-law 335-2011 came into force March 1, 2011.
58
Editor's Note: This by-law came into force April 1, 2009.
59
Editor's Note: By-law 335-2011 came into force March 1, 2011.
60
Editor's Note: By-law 335-2011 came into force March 1, 2011.
D. In the event the applicant uses more than 50 cubic metres of water, the applicant shall
immediately notify the General Manager and the requirements set out in § 851-13B shall
apply with respect to a temporary water meter and the fees and charges for the supply of
water.
E. The applicant may be required to pay the cost of any necessary repair or replacement of the
temporary water meter, valve, backflow prevention device or fire hydrant. [Amended
2010-07-08 by By-law 869-2010]
F. No person shall use or permit the use of any fire hydrant for the supply of water without a
fire hydrant permit issued by the General Manager in accordance with § 851-13, other than
authorized Toronto Fire Services personnel or other City personnel, acting in the course of
their duties. [Amended 2010-07-08 by By-law 869-2010]
G. (1) Every person supplied with water from a fire hydrant shall pay for the cost of the
water supplied.
(2) If the fire hydrant is metered, the person shall pay the current City water rates as set
out in Chapter 849, Water and Sewage Services and Utility Bill. [Amended 2008-05-
27 by By-law 506-200861]
(a) If the applicant has a water account, cost of metered water shall be applied to
that person's account in accordance with rates set out in Chapter 849.
(b) If the applicant does not have a water account, the applicant shall pay a deposit
specified in Chapter 441, Fees and Charges, Appendix D - Schedule 2, Water
Services, which shall be applied against the actual cost of consumed water.
[Amended 2009-12-04 by By-law 1206-200962; 2011-02-24 by By-law 335-
201163]
[1] In the event that the actual cost of water used is greater than the deposit,
the applicant shall immediately pay to the City the difference between the
actual cost and the deposit.
[2] In the event that the actual cost of the water used is less than the amount
deposit, the General Manager shall refund the difference between the
actual cost and the deposit to the owner.
(3) If the hydrant is not metered, the person shall pay the amount specified in Chapter
441, Fees and Charges, Appendix D - Schedule 2, Water Services, for the use of the
water. [Amended 2009-12-04 by By-law 1206-200964; 2011-02-24 by By-law 335-
201165]
61
Editor's Note: This by-law came into force July 1, 2008.
62
Editor's Note: This by-law came into force April 1, 2009.
63
Editor's Note: By-law 335-2011 came into force March 1, 2011.
64
Editor's Note: This by-law came into force April 1, 2009.
65
Editor's Note: By-law 335-2011 came into force March 1, 2011.
(2) Prohibitions or limitations on the filling of swimming pools, wading pools, hot tubs,
garden ponds, fountains and other outdoor water features;
(3) Prohibitions or restrictions on the use of devices for outdoor water play;
(4) Prohibitions on the washing of motor vehicles;
(5) Prohibitions on the use of outdoor misting systems; and
(6) Prohibitions or limitations on the filling with water of tanker trucks, tanks, containers,
or any other storage device that holds over 100 litres of water.
F. Despite § 851-14E(1), the General Manager may exempt from a water use restriction order,
or place lesser restrictions on, the watering of tee-off areas and putting greens on golf
courses, newly sodded or seeded lawns, newly planted trees, nurseries, turf farms or tree
farms or any or all of the foregoing.
G. No person shall use or cause or permit the use of water in contravention of a condition
contained in a water use restriction order issued by the General Manager under this chapter.
§ 851-16. Access.
A. No person shall deny access to the General Manager or CFO to a property for any purpose
as provided for in this chapter. [Amended 2008-12-03 by By-law 1250-2008]
B. No person shall deny access to the General Manager, CBO or CFO to a property where that
person has been given reasonable notice by the General Manager, CBO or CFO, as the case
may be, of the intent to exercise a power of entry in accordance with the City of Toronto
Act, 2006.
C. The General Manager or CFO may, in accordance with the requirements of this chapter,
enter upon a property to which water is supplied by the City: [Amended 2008-12-03 by
By-law 1250-2008]
(1) To inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment
and other works used to supply water;
(2) To read, inspect, install, repair, replace, maintain or alter a water meter;
(3) To inspect a backflow prevention device; or
(4) To shut off or reduce the supply of water.
D. If an owner discontinues the use of water at a property or the General Manager or CFO
lawfully decides to cease supplying water to land or property, the General Manager or CFO
may enter on the land or property:
(1) To shut off the supply of water;
(2) To remove any property of the City from the property; or
(3) To determine whether water has been, or is being, unlawfully used.
E. The powers of entry of the City and General Manager are subject to sections 375 to 379,
inclusive, of the City of Toronto Act, 2006.
§ 851-17. Inspection.
A. Despite any other provision in this chapter, the General Manager may enter on a property at
any reasonable time for the purpose of carrying out an inspection to determine compliance
with this chapter or an order or direction issued in accordance with this chapter. [Amended
2008-12-03 by By-law 1250-2008]
B. For the purposes of any inspection, the General Manager may:
(1) Require the production for inspection of documents or things relevant to the
inspection;
(2) Inspect and remove documents or things relevant to the inspection for the purpose of
making copies or extracts;
(3) Require information from any person concerning a matter related to the inspection;
and
(4) Alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of the
inspection.
C. No person shall fail or refuse to comply with a request by the General Manager to produce
for inspection any document or thing or information relevant to the inspection carried out
by the General Manager in accordance with § 851-17.
D. (1) The City or the General Manager may enter upon lands for the purposes of an
inspection and the other activities set out in § 851-17B under an order issued under
section 378 of the City of Toronto Act, 2006.
(2) Where a provincial court judge or justice of the peace has issued an order authorizing
the City to enter on a property for the purpose of carrying out an inspection for the
purposes and to exercise the powers set out in this section, no person, when requested
to do so by the General Manager, shall neglect or refuse to produce or deliver any
information or documents or things required by this chapter.
§ 851-18. Obstruction.
A. No person shall represent or cause to be represented that he or she is an owner or occupier
of a property if he or she is not.
B. (1) No person shall prevent, hinder, obstruct or interfere, or attempt to prevent, hinder,
obstruct or interfere, in any manner, the General Manager, CBO or CFO or their
respective designate or any City personnel, agents or contractors in the exercise of an
activity, power or performance of a duty under this chapter or the administration or
enforcement of this chapter.
(2) The activities of the General Manager, CBO or CFO or their respective designate or
any City personnel, agents or contractors referred to in § 851-18B(1) may include,
without limitation, the following:
(a) Entering in or upon, at any reasonable time without a warrant, any land,
property or premises, except premises being used as a dwelling house in which
case reasonable notice shall be provided under this chapter and the City of
Toronto Act, 2006; or
(b) Making such tests or taking such samples as the General Manager, CBO or CFO
deems necessary; or
(c) Inspecting or observing any plant, machinery, equipment, work, activity or
documents; or
(d) Reading, repairing, maintaining, altering, disconnecting, removing, replacing,
installing or sealing a water meter, remote readout unit, backflow prevention
device or any related item or any or all of the foregoing.
C. No person shall furnish any false or misleading information to the General Manager or any
City personnel, agents or contractors in the exercise of an activity, power or performance of
a duty or administrative function under this chapter, including but not limited to any
information provided or submitted on or with any application or in respect to any
inspection or enforcement of this chapter. [Added 2013-12-18 by By-law 1697-2013]
§ 851-19. General.
A. Protection from damage. [Amended 2010-07-08 by By-law 869-2010]
No person, except a person authorized by the General Manager in writing, shall uncover,
make any connection with, or opening into, break, alter, remove, damage, destroy, deface
or tamper or cause or permit the breaking, removal, damaging, destroying, defacing or
tampering with:
(1) Any part of the waterworks; or any seal placed thereon, or attached thereto; or
(2) Any permanent or temporary device installed in or on the waterworks for the
purposes of flow measuring, sampling, testing, contamination prevention or other
purpose that the General Manager may deem necessary for the administration of this
chapter or the operation or maintenance of the waterworks.
B. Damage to the waterworks.
Any owner or person receiving water from the waterworks shall be responsible for
ensuring that any action taken by that owner or person conforms at all times to the
provisions of this chapter and that owner or person shall be liable for any damage or
expense arising out of their failure to properly protect the waterworks or to properly protect
water from contamination or any other damage including the cost of investigation,
disinfection, repairing or replacing any part of any waterworks damaged or water
contaminated thereby.
C. Unauthorized entry to waterworks.
Unless specifically authorized by the General Manager, no person shall enter into any
chamber, structure, building or property associated with the waterworks.
§ 851-20. Offences.
A. Every person who contravenes any provision of this chapter, and every director or officer
of a corporation who knowingly concurs in a contravention by the corporation of any
provision of this chapter, is guilty of an offence.
B. Any fine imposed under § 851-21 shall be payable in addition to any fees and charges
payable under this chapter, Chapter 849 and Chapter 441, as applicable.
§ 851-21. Penalties.
A. Fine - for contravention.
(1) Every person who contravenes a provision of this chapter and every director or officer
of a corporation who knowingly concurs in a contravention by the corporation of a
provision of this chapter, upon conviction, shall be liable to a fine of not less than $50
and not more than $50,000 for a first offence and to a fine of not less than $100 and
not more than $75,000 for any subsequent offence.
(2) Despite § 851-21A(1), every person who contravenes any of the sections set out in
Schedule 1 of this chapter and every director or officer of a corporation who
knowingly concurs in a contravention by the corporation of any of those sections,
upon conviction, shall be liable to a fine of not less than $100 and not more than
$50,000 for a first offence and to a fine of not less than $495 and not more than
$100,000 for any subsequent offence.
(3) Despite § 851-21A(1) and (2), every person who contravenes any of the sections set
out in Schedule 2 of this chapter and every director or officer of a corporation who
If this chapter is contravened, in addition to any other remedy or penalty imposed by this
chapter, the contravention may be restrained by application by the City under the
provisions of section 380 of the City of Toronto Act, 2006.
B. Order to discontinue activity.
(1) Under the provisions of section 384 of the City of Toronto Act, 2006, the General
Manager may order any person who has contravened this chapter or who has caused
or permitted the contravention of this chapter or the owner or occupier of the property
on which the contravention occurred to discontinue the contravening activity.
(2) Any person who contravenes an order under § 851-22B(1) is guilty of an offence.
C. Work order.
(1) Under the provisions of section 385 of the City of Toronto Act, 2006, the General
Manager may order any person who has contravened this chapter or who has caused
or permitted the contravention of this chapter or the owner or occupier of the property
on which the contravention occurred to do work to correct the contravention.
(2) Any person who contravenes an order under § 851-22C(1) is guilty of an offence.
D. Remedial action.
(1) In accordance with section 386 of the City of Toronto Act, 2006, where any matter or
thing is required to be done under this chapter, in default of it being done by the
person directed or required to do so, that matter or thing may be done by the City
which shall be at that person's expense and the City may recover the costs incurred
for doing such matter or thing from the person directed or required to do it by adding
the costs to the tax roll and collecting them in the same manner as municipal property
taxes.
(2) For the purposes of § 851-22D(1), the General Manager may enter upon the subject
property at any reasonable time.
§ 851-24. Notice.
A. Where an order is issued by the General Manager, the person to whom the order is made
shall be deemed to have received the order on the date it is posted in a conspicuous place at
the subject property or delivered in person or three days after being posted by first class
prepaid mail to the person at the last known address provided to the General Manager or,
where no address for the person has been provided to the General Manager, by first class
prepaid mail to the address for the person identified on the tax rolls.
B. The manner of delivery, set out in § 851-24A, shall be in the discretion of the General
Manager.
§ 851-25. Severability.
Despite that any section or sections of this chapter, or any part or parts thereof, may be found by
any court of law to be invalid or illegal or beyond the power of the Council to enact, that section
or sections or part or parts thereof shall be deemed to be severable, and all other sections of this
chapter, or parts thereof, are separate and independent therefrom and enacted as such.
§ 851-26. Repeal.
The following are repealed:
A. Former City of Toronto Municipal Code Chapter 340, Water;
B. Former City of Etobicoke Municipal Code Chapter 257, Water, being a by-law with respect
to the "Waterworks System Regulations";
C. Former City of Scarborough, Public Utilities Commission, By-law 30, being a by-law to
regulate the supply of water in the City of Scarborough;
D. Former City of North York, By-law 32789, being a by-law with respect to "The Rules and
Regulations for the Maintenance and Operation of a Water Works Distribution System in
the City of North York";
E. Former Borough of York, By-law 1259-71, being a by-law "To establish regulations for the
distribution and supply of water by the Borough of York"; and
F. Former Borough of East York, By-law 11-90, being a by-law "To provide for the
Management and Maintenance of the Waterworks Systems Of The Corporation of the
Borough of East York and to establish Water Rates and Charges."
§ 851-4L(2)
§ 851-4L(3)
§ 851-4L(4)
§ 851-5B(1)
§ 851-5B(2)
§ 851-5B(3)
§ 851-5B(4)
§ 851-5B(6)
§ 851-5D(1)
§ 851-5D(4)
§ 851-5D(5)
§ 851-5E(1)
§ 851-5F(1)
§ 851-5F(2)
§ 851-5G
§ 851-5H(1)
§ 851-5H(2)
§ 851-5H(5)
§ 851-5H(6)
§ 851-5I(1)
§ 851-5I(2)
§ 851-5I(3)
§ 851-5I(4)
§ 851-5I(5)
§ 851-5I(6)(a)
§ 851-5I(6)(b)
§ 851-5J(2)
§ 851-5J(3)
§ 851-5J(4)
§ 851-5J(5)
§ 851-5J(7)
§ 851-5J(8)
§ 851-5J(9)
§ 851-5J(10)
§ 851-5J(13)
§ 851-5L(2)
§ 851-5M
§ 851-5O(4)(b)
§ 851-5O(4)(c)
§ 851-5O(5)
§ 851-5P
§ 851-5Q(2)
§ 851-5Q(4)
§ 851-5R(1)
§ 851-6B(1)
§ 851-6B(2)
§ 851-6B(3)
§ 851-6C(3)
§ 851-7A(3)
§ 851-7A(4)
§ 851-7A(5)
§ 851-7A(6)
§ 851-7B(1)
§ 851-7B(2)
§ 851-7B(3)
§ 851-7B(4)
§ 851-7D(1)
§ 851-7D(5)
§ 851-7D(11)
§ 851-12C(1)
§ 851-12C(2)
§ 851-13D
§ 851-14A(1)
§ 851-14A(2)
§ 851-14G
§ 851-15A
§ 851-15B
§ 851-16A
§ 851-17B(1)
§ 851-17C
§ 851-17D(2)
§ 851-4A(1)(a)
§ 851-4A(1)(b)
§ 851-4A(2)(a)
§ 851-4A(2)(b)
§ 851-4C(2)(a)
§ 851-4C(2)(b)
§ 851-4E
§ 851-4F(1)(a)
§ 851-4F(1)(b)
§ 851-4F(2)
§ 851-4M(1)
§ 851-4M(2)
§ 851-5A(2)
§ 851-5A(4)
§ 851-5A(6)
§ 851-5A(7)
§ 851-5E(2)
§ 851-5H(4)
§ 851-6C(1)
§ 851-6C(2)
§ 851-7F(1)
66
Editor's Note: By-law 461-2017 replaced Schedule 3 in its entirety.
§ 851-5A(1)
SCHEDULE 5
BACKFLOW PREVENTION DEVICE FOR PREMISE ISOLATION
BASED ON INDUSTRY SECTOR
[Amended 2008-12-03 by By-law 1250-2008; 2010-07-08 by By-law 869-2010; 2013-12-18 by
By-law 1697-2013; 2017-04-28 by By-law 461-2017]
SCHEDULE 6
AUTHORIZED FUNCTIONS LIST
[Amended 2008-12-03 by By-law 1250-2008; 2010-07-08 by By-law 869-2010; 2013-12-18 by
By-law 1697-2013; 2017-04-28 by By-law 461-2017]
Licensed Master
Plumber with a
City of Toronto
Certified plumbing Fire system
Professional Engineering contractor's Journeyman Apprentice sprinkler Industrial
Engineer Technologist license and Plumber with plumber fitter with Millwright
with CCCS with CCCS CCCS CCCS with CCCS CCCS with CCCS
Item Function Certification Certification* Certification Certification† Certification‡ Certification Certification
1 Carry out √ √ √ √
cross-
connection /
backflow
prevention
device
survey
2 Install, √ √ √
relocate, or
replace
backflow
prevention
device
3 Repair √ √ √
backflow
prevention
device
4 Test √ √ √ √ √ √ √
backflow
prevention
device
5 Carry out √ √ √ √ √
cross-
connection /
backflow
prevention
device
survey in
relation to
fire
protection
systems
6 Install, √ √ √ √
relocate, or
replace
backflow
prevention
device in
relation to
fire
protection
systems
Licensed Master
Plumber with a
City of Toronto
Certified plumbing Fire system
Professional Engineering contractor's Journeyman Apprentice sprinkler Industrial
Engineer Technologist license and Plumber with plumber fitter with Millwright
with CCCS with CCCS CCCS CCCS with CCCS CCCS with CCCS
Item Function Certification Certification* Certification Certification† Certification‡ Certification Certification
7 Repair √ √ √ √
backflow
prevention
device in
relation to
fire
protection
systems
8 Test √ √ √ √ √ √ √
backflow
prevention
device in
relation to
fire
protection
systems