National Parks of Canada Water and Sewer Regulations (C.R.C., c. 1134)

1 [Repealed, SOR/2001-320, s. 2]

Interpretation

2 In these Regulations,

assessed value

assessed value, in respect of a lot in a park, means the value of the lot, including improvements, determined according to a provincial assessment completed for the park or, where no provincial assessment has been completed, determined on the basis of an expert appraisal of the lot or of an equivalent lot; (évaluation)

base factor

base factor, in respect of water services or sewer services, means the numerical value assigned to a unit each year by a council or committee of residents of a park and representatives of Parks Canada for purposes of determining the owner’s share of recoverable capital costs incurred in respect of the park to deliver water services or sewer services, as the case may be, to lots in the park; (facteur de base)

business

business includes any trade, calling, industry, employment or occupation carried on for gain or profit in a park; (commerce)

dwelling unit

dwelling unit means two or more rooms used or intended for use as a single domestic housekeeping unit with cooking, living, sleeping and sanitary facilities; (logement)

lot

lot[Repealed, SOR/96-171, s. 1]

lot volume value

lot volume value means the result obtained by multiplying the aggregate of the volume values for the units on a lot by the number of months of occupancy permitted under the lease, permit or licence of occupation for that lot divided by 12; (valeur volumétrique du lot)

Minister

Minister[Repealed, SOR/96-171, s. 1]

owner

owner means an individual, syndicate, association, corporation, company, club or organization in charge of, or responsible for, a residence or for the operation of any accommodation, activity, business, entertainment, church, hospital, school, university or other facility within a park, and includes an employee, manager, lessee, transferee or partner of such an individual, syndicate, association, corporation, company, club or organization; (propriétaire)

park

park[Repealed, SOR/96-171, s. 1]

street

street includes a lane; (rue)

Superintendent

Superintendent[Repealed, SOR/93-165, s. 1]

total capital costs

total capital costs means

• (a) in respect of a water system in a park, the capital cost incurred to deliver water services to lots in the park, calculated on an annual basis, and

• (b) in respect of a sewer system in a park, the capital cost incurred to deliver sewer services to lots in the park, calculated on an annual basis; (coût total en capital)

total operating and maintenance costs

total operating and maintenance costs means

• (a) in respect of a water system in a park, the operating and maintenance costs incurred to deliver water services to lots in the park, calculated on an annual basis, and

• (b) in respect of a sewer system in a park, the operating and maintenance costs incurred to deliver sewer services to lots in the park, calculated on an annual basis; (coût total de fonctionnement et d’entretien)

unit

unit means a building, or a portion of a building, in a park designated as a unit by a council or committee of residents of the park and representatives of Parks Canada; (unité)

volume value

volume value, in respect of water services or sewer services, means the numerical value assigned to a unit, determined by comparing the estimated annual volume of water that the unit will use or the sewage that it will generate annually, as the case may be, to the volume of water used or sewage generated by a building that has been established as the benchmark of one volume value for the park in which the unit is located. (valeur volumétrique)

Application

2.1 Sections 3 to 5 and 7 to 24 do not apply to the town of Banff.

2.2 These Regulations do not apply in the Town of Jasper.

Building Connections

• 3 (1) Subject to sections 4 and 11.1, the owner of every building on a lot that fronts or abuts on any part of a street on which a water main or sewer main has been laid shall connect the building directly to that water main or sewer main, as the case may be.

• (2) Subsection (1) does not apply to a garage, detached structure designed to provide accommodation for tourists or any other building on a lot that is appurtenant to, and designed to improve the usefulness and convenience of, a building on a lot that is connected to a water or sewer main referred to in subsection (1).

Prohibitions

• 4 (1) No person shall, in any park,

  • (a) make any connection with a water or sewer main,

  • (b) make any connection with a water pipe connected to a water main, or

  • (c) make any connection with a sewer pipe connected to a sewer main,

  without the permission in writing of the superintendent.

• (2) The superintendent is authorized to grant the permission after taking into consideration

  • (a) the capacity of the park’s sewer and water systems;

  • (b) any technical or material constraints;

  • (c) the preservation of the park’s natural resources and the protection of its cultural, historical and archaeological resources;

  • (d) the safety, health and enjoyment of persons who are visiting or residing in the park; and

  • (e) the preservation, control and management of the park.

5 No person, other than the superintendent, a municipal water system operator or a fire department officer authorized by the superintendent, and in the exercise of their functions, shall manipulate a hydrant, valve, stop-cock, pipe, water meter or other portion of a water system in a park.

6 No person shall

• (a) trespass,

• (b) deposit refuse or other matter,

• (c) fish,

• (d) bathe, or

• (e) wash any person, article or thing

in or upon any area in a park that has been designated by the superintendent and marked by appropriate signs as a source of water supply.

7 No person shall

• (a) tamper with or damage any structure or appliance forming part of the sewer system in a park; or

• (b) deposit refuse or other matter into any pipe, fixture, manhole or other appurtenance of the sewer system in a park that is likely to damage or cause any failure or blockage of the system.

• 8 (1) No person shall construct or maintain any well in a park, for the supply of water for his own use, or the use of any other person, without the permission in writing of the superintendent.

• (2) The superintendent is authorized to grant permission for the construction or maintenance of a well in a park if the water drawn from the well is to be used for geothermal purposes or if the park has no water system to which a connection can be made.

• 9 (1) No person shall install a septic tank or dry privy in a park without the permission in writing of the superintendent.

• (2) No person shall install a sewer in a park that is not to be connected to the sewer system in that park without the permission in writing of the superintendent.

• (3) An application for permission to install a septic tank or a sewer that is not to be connected to the sewer system in a park shall be accompanied by

  • (a) plans and specifications of the proposed septic tank or sewer, including an estimate of the cost thereof; and

  • (b) a fee of $1 for each $1,000 or fraction thereof of the cost of such septic tank or sewer as stated in the estimate referred to in paragraph (a).

• (4) The superintendent is authorized to grant permission for the installation of a septic tank, dry privy or sewer in a park if the park has no sewer system to which a connection can be made, after taking into consideration

  • (a) the capacity of the park’s sewer and water distribution systems;

  • (b) any technical or material constraints;

  • (c) the preservation of the park’s natural resources and the protection of its cultural, historical and archaeological resources;

  • (d) the safety, health and enjoyment of persons who are visiting or residing in the park; and

  • (e) the preservation, control and management of the park.

Connections to Water Main and Sewer Main

10 Each application for the making of a connection to a water main or sewer main in a park shall be made to the superintendent on a prescribed form obtainable from the superintendent and shall

• (a) be signed by the owner of the lot in respect of which the application is made or his agent authorized in writing for the purpose;

• (b) state the type of premises in respect of which the water is to be used or the sewer connected; and

• (c) state the number of rooms or the floor area of any building in respect of which the water is to be used or the sewer connected, where these are factors in establishing the water or sewer rate payable.

• 11 (1) The owner of a building who is required pursuant to subsection 3(1) to connect his building to a water main or sewer main shall pay

  • (a) all the costs for the construction of that part of the connection that is within his lot line; and

  • (b) the extra costs for the construction of that part of the connection that is outside his lot line that arise because of the presence of rock, frost or other obstacles or because of the removal and replacement during the construction of any portion of a street, sidewalk or boulevard.

• (2) On receiving an application made in accordance with section 10 and receiving a security deposit from the applicant in the form of a certified cheque or cash deposit in an amount equal to the portion of the estimated cost of construction for which the owner is responsible under subsection (1), the superintendent shall cause the connection to be made and any soil or portion of a street, sidewalk or boulevard that was removed for the making of the connection to be replaced.

• (3) On completion of a connection to a water main or sewer main, the superintendent shall prepare a statement setting out the portion of the actual costs for which the owner is responsible and shall

  • (a) where the amount of the security deposit referred to in subsection (2) exceeds the portion of the actual costs for which the owner is responsible, deposit that portion to the credit of the Receiver General and refund the balance to the owner; and

  • (b) where the amount of the security deposit referred to in subsection (2) is equal to or less than the portion of the actual costs for which the owner is responsible, deposit that portion to the credit of the Receiver General and notify the owner of the amount of the balance, if any, of the portion payable by him.

• 11.1 (1) Where an additional building is erected on a lot on which there is another building already connected to a water main or sewer main or where an existing building on a lot is altered, the owner of the building shall apply to the superintendent for permission to make an additional connection or to alter an existing connection.

• (2) On approving an application made pursuant to subsection (1) and receiving from the applicant a security deposit in the form of a certified cheque or cash deposit in an amount equal to the estimated cost of the construction for which the owner of the building is responsible under section 11.2, the superintendent may prescribe terms respecting

  • (a) the location of the connection to a previously installed connection or to a water main or sewer main;

  • (b) the manner in which the connection is to be constructed, including

    • (i) the grade, type and size of pipe;

    • (ii) the quality and extent of pipe bedding; and

    • (iii) the quality and extent of pipe trench backfill material.

• (3) Where the owner of a building does not comply with any terms prescribed by the superintendent pursuant to subsection (2), the superintendent may cause the connection to be made in accordance with the terms.

• (4) The owner of the building may enter into an agreement with the superintendent permitting the superintendent to cause the connection to a water main or sewer main to be made.

• (5) On completion of a connection to a water main or sewer main made pursuant to subsection (3) or (4), the superintendent shall prepare a statement setting out the costs for which the owner is responsible under section 11.2 and shall

  • (a) where the amount of the security deposit referred to in subsection (2) exceeds the costs for which the owner is responsible, deposit that amount to the credit of the Receiver General and refund the balance to the owner; and

  • (b) where the amount of the security deposit referred to in subsection (2) is equal to or less than the costs for which the owner is responsible, deposit that amount to the credit of the Receiver General and notify the owner of the amount of the balance, if any, of the amount payable by him.