Sewer Connection (By-law No. 2003-513)

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By-laws contained in this section have been prepared for research and reference purposes only. Original by-laws are available for consultation at the City of Ottawa Archives and the Ottawa Public Library Main branch. For legal purposes, certified copies of by-laws may be obtained from the City of Ottawa Archives.

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Sewer Connection

A by-law of the City of Ottawa regulating sewer connections and sewage works. The Council of the City of Ottawa enacts as follows:

Section 1 - Definitions

In this by-law:

“backwater valve” means a valve that permits flow in one direction but prevents a return flow;

“blanking” means the temporary or permanent decommissioning of a pipe by means of plugging, capping, or other approved method;

“building drain” means a pipe that conveys wastewater or flows from the foundation drain of a building to the building sewer;

“building sewer” means a sewer that  

  1. conveys wastewater or foundation drain flow from a building drain to public sewage works, or a private sewage disposal system;
  2. commences 1 metre outside of the wall of the building; and
  3. consists of two sections:
    1. the private building sewer from the building to the property line,and
    2. the public building sewer from the property line to public sewage works.

“check valve” means a valve with a disk hinged on one edge so that it opens in the direction of normal flow and closes with reverse flow;

“City” means the City of Ottawa;

“City standards” means all applicable Department of Transportation, Utilities & Public Works, Infrastructure Services Branch, design manuals, standards and guidelines;

“combined sewer” means a sewer that conveys sewage from both a sanitary sewer and storm sewer;

“City standards” means all applicable City of Ottawa, Department of Transportation, Utilities and Public Works design manuals, standards and guidelines.

“drain” means,

  1. a conduit, buried pipe, open ditch, or channel that may be lined or unlined, constructed to carry off, by gravity, liquids other than wastewater, including surplus underground, storm or surface water; or
  2. in plumbing, any pipe that carries water or waste flow in a building drainage system;

“foundation drain” means a pipe or series of pipes that collect groundwater around the foundation or footing of a structure for protection against hydrostatic pressures and for discharge to an approved point of discharge;

“frontage charge” means the charge applicable and payable when a severance is granted or a Sewer Connection Permit is issued for a connection to a sewer installed and financed by the City;

“General Manager” means the General Manager of the Department of Transportation, Utilities and Public Works, or an authorized representative of the General Manager, unless otherwise specified;

“inspection” includes an audit; physical, visual or other examination; survey; test; and inquiry;

“maintenance hole (manhole)” means a specially constructed opening, typically in the top of a sewer, chamber or other infrastructure, to enable access for maintenance or other purposes;

“partially separated sewer” means a separated sewer system in which household foundations drains contribute a direct source of stormwater and groundwater inflow to the sanitary sewer;

“person” includes an individual, association, partnership, corporation, municipality, Provincial or Federal agency, or an agent or employee thereof;

“premises” means any land or building or both or any part thereof;

“private sewage disposal system” means a sewage system or a sewage works which is not owned and operated by the City, for which a Certificate of Approval has been issued under the Ontario Water Resources Act or a permit under the Building Code Act;

“private sewer” means a sewer other than a building sewer that is in private ownership and receives drainage from one or more sanitary or storm building sewer;

“public sewage works” means sewage works located within land owned by the City or an easement in favour of the City, but does not mean sewage works that have not been accepted and assumed by the City or sewage works owned by a party other than the City;

“roof drain” means a drain that conveys rainwater and snowmelt from a roof to a storm drain or outlet;

“sanitary sewer” means a sewer, intended to carry only sanitary and industrial wastewaters from residences, commercial buildings, industries, and institutions, in to which storm, surface, and groundwater are not intentionally admitted;

“sewage” means any liquid waste containing animal, vegetable, chemical or mineral matter in solution or in suspension, including stormwater or uncontaminated water;

“sewer” means a pipe, conduit, culvert, drain, open channel, ditch, swale or watercourse for the collection and transmission of sewage, stormwater, and/or uncontaminated water, or any combination thereof;

“sewer capital charge” means an applicable fee, charge or special charge for the recovery of capital costs associated with public sewage works levied under sections 326(1) and 391(d) of the Municipal Act, 2001 or successor legislation and includes a sewer rate levied under section 221(9) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, and a frontage rate levied under section 20 of the Local Improvement Act, R.S.O. 1990, c. L.26, as amended;

“Sewer Connection Permit” means approval by the City of Ottawa authorizing the permit holder to connect to a public sewer in accordance with the terms and conditions set out in the permit;

“sewage works” means any works for the collection, transmission, treatment or disposal of sewage, stormwater or uncontaminated water, including a combined sewer, sanitary sewer or storm sewer, or any part of such works, but does not include plumbing or other works to which the Building Code Act applies;

“storm drain” means a drain that conveys groundwater or surface runoff to a storm sewer or outlet;

“storm sewer” means a sewer intended to carry only stormwater, surface runoff from streets and adjacent property, and flow from foundation drains and ditches;

“stormwater” means water from rainfall, other natural precipitation, drainage or from the melting of snow or ice;

“swale” means a vegetated open channel designed to transport, treat and store storm water;

“uncontaminated water” means potable water as supplied by the City or untreated water with a level of quality, which is typical of potable water normally supplied by the City;

“watercourse” means an open channel, swale, ditch or depression either natural or artificial, in which water flows either continuously or intermittently.

Section 2 - Interpretation  

  1. This by-law includes Schedules “A”, “B”, and “C” annexed hereto and Schedules "A”, “B” and “C” are hereby declared to form part of this by-law.
  2. All legislation and regulations referenced herein are Ontario provincial laws, as amended, unless noted otherwise.
  3. All other documents referenced herein such as by-laws, codes, and standards are as amended documents issued by the City of Ottawa.
  4. It is declared that if any section, subsection or part or parts thereof be declared by any court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.  

Section 3 - Duties of the General Manager

  1. The General Manager shall supervise and administer public sewage works, and shall be responsible for their operation, maintenance, repair and extension.
  2. The General Manager shall establish and periodically update standards, specifications, and guidelines governing the design and construction of all public sewage works.
  3. Should emergency conditions arise that imperil public sewage works the General Manager shall,
    1. take all remedial measures as may be necessary to protect public health;
    2. expend money and employ workers as needed to restore the public sewage system to safe operating conditions; and
    3. report to the Corporate Services & Economic Development Committee as soon as practicable after such measures have been taken.  

Section 4 to 11 - General Provisions  

Section 4

No person except an employee of or a contractor employed by the City engaged in City work, shall uncover, enter, make any connections to or opening into, use, alter, or disturb public sewage works without first obtaining approval from the General Manager

Section 5

Roof drains shall not discharge to a storm sewer, sanitary sewer, partially separated sewer, or combined sewer without permission of the General Manager.

Section 6

The General Manager may issue permits and enter into agreements authorizing the installation, repair, alteration, renewal or removal of sewage works.

Section 7

Extensions of and connections to public sewage works shall only be permitted where they conform to the Official Plan of the City of Ottawa.

Section 8

Connection of a premise to a public sewer is only permissible where, in the opinion of the General Manager, there is sufficient capacity for handling sewage from the premise.

Section 9

Public sewage works shall be used in accordance with the By-law No. 2003 - 514 the City's Sewer Use By-law.

Section 10

  1. No person shall break, damage, destroy, deface or tamper or cause or permit the breaking, altering, damaging, destroying, defacing or tampering with:
    1. any part of a sewage works; or
    2. any permanent or temporary device installed in a sewage works for the purpose of measuring, sampling and testing of sewage, uncontaminated water or stormwater.  

Section 11 

The City may temporarily interrupt sewer service without notice.

Section 12 to 15 - Permits

Section 12 

  1. A Sewer Connection Permit shall be obtained prior to,
    1. construction, alteration, blanking, temporary or permanent connection or reuse of all building sewers and public sewage works and;
    2. installation of a maintenance hole.  

Section 13 

  1. Applicants for a Sewer Connection Permit shall,
    1. complete and submit the appropriate forms,
    2. provide the required drawings, including all pipe elevations and grades,
    3. provide any other required information, and
    4. pay the charges set out in Schedules “A” and “B” to this by-law.

Section 14 

  1. A Sewer Connection Permit shall not be issued until:
    1. the Sewer Connection Permit fee has been paid, as set out in Schedule “B” to this by-law unless otherwise exempted by the application of section 16(4) of this by-law;
    2. a frontage charge has been paid, as set out in Schedule “A” to this by-law;
    3. any other applicable sewer capital charge has been paid;
    4. all other required permits have been obtained; and
    5. the General Manager is satisfied that the proposed works meet City Standards and do not contravene any other municipal by-law and approves the works.  

Section 15

  1. A Sewer Connection Permit shall be valid for a period of six (6) months from the date of the issuance of the permit.
  2. In the event that a sewer connection is not made within a six (6) month period or upon the request of the property owner, the Sewer Connection Permit may be cancelled at the discretion of the General Manager.
  3. If the Sewer Connection Permit is cancelled pursuant to subsection all funds paid upon application for the Sewer Connection Permit shall be refunded without interest to the payer, less an administration fee set out in Schedule “B” to this Bylaw.
  4. A Sewer Connection Permit fee, as set out in Schedule “B” hereto, shall not apply where a person has entered into a site plan or subdivision agreement with the City in which the person had undertaken under the agreement to construct the connection to the public sewage works under the direct supervision of an inspector of the Department of Transportation, Utilities and Public Works.  

Section 16 to 23 - Design and Construction

Section 16

All sewage works shall be designed and constructed in conformance with City Standards unless approved by the General Manager.

Section 17 

All building sewers and other sewage works shall be designed and constructed to enable compliance with By-law No. 2003 - 514, the Sewer Use By-law.

Section 18 

A registered easement shall be obtained prior to the installation of sewage works to any property in, or over, or across the property of another property owner.

Section 19 

No sewer shall be laid parallel to and within 1.0 metre of any foundation or building face.

Section 20 

All building sewers shall be sealed by a watertight plug immediately after installation and shall remain so until put into service.

Section 21

Blanking and reconnection of sewage works shall occur in accordance with the terms and conditions set out in a written approval issued by the General Manager.  

Section 22

Existing building sewers shall not be connected to a new building unless the sewer is inspected and approved for reuse by the General Manager in advance of any connection being made.  

Section 23

Where building drains are too low to permit gravity flow to a public or private sewer, sewage and groundwater from foundation drains shall be lifted by artificial means and discharged to the appropriate building sewer.  

Section 24 to 30 - Inspection & Notification  

Section 24

Premises connected directly or indirectly to public sewage works shall be made accessible to the General Manager, during reasonable hours, for the purpose of inspection to assess compliance with this by-law, or compliance with the terms and conditions of any permit, agreement, or approval issued in accordance with this by-law.

Section 25

 All private sewer or building sewer connections to public sewage works shall be inspected by City staff.

Section 26

  1. Issuance of the Sewer Permit entitles the permit holder to,
    1. an inspection of that portion of the sewer or building sewer for which the Sewer Connection Permit was approved by the General Manager; and
    2. an examination of sewer joints and grade.  

Section 27

  1. The Sewer Permit fee shall not include:
    1. the examination of the elevation of the building sewer when laid in advance of the sewer;
    2. the examination of the joints unless they are properly exposed for inspection; or
    3. the inspection of the backfill of the trench.

Section 28

Prior to backfilling, the permit holder, or person operating in accordance with a site plan or subdivision agreement shall inform the General Manager when the sewage works have been constructed and the General Manager shall have the sewage works inspected.

Section 29

Backfilling of the trench shall only occur upon approval by the General Manager.

Section 30 

Approval to backfill a building sewer is not a guarantee or warranty that the building sewer will perform trouble free.

Section 31

The permit holder or person operating in accordance with a site plan agreement or subdivision agreement shall undertake any required tests to demonstrate proper sewer installation and functioning to the satisfaction of the General Manager.

Sections 32 to 35 - Care & Maintenance of Sewage Works

Section 32

Property owners shall properly maintain building sewers and private sewers at their own expense.

Section 33

  1. Maintenance of building sewers and private sewers by property owners shall include but not be limited to the following activities:
    1. structural repair of the sanitary or storm lateral on private property;
    2. removal of debris in the private portion of the lateral;
    3. removal of debris in the City portion of the lateral; and
    4. removal of root infiltration caused by a private tree.  

Section 34

  1. The City shall undertake the following repairs without charge:
    1. structural repair of public sewage works;
    2. repair of public sewage works when defect is caused by the roots of a City owned tree;
    3. repair of building sewers on private property when the defect is caused by the roots of a City owned tree; and
    4. removal of root infiltration of private sewage works caused by a City owned tree.  

Section 35

The City shall investigate, assign responsibility for repair of damaged sewage works, provide advice and may invoice or provide reimbursement to a property owner in accordance with the City’s Service Delivery and Cost Allocation Examples as set out in Schedule “C” to this by-law.  

Section 36 - Blanking And Reuse of Sewers

  1. The City may temporarily or permanently blank a building sewer with appropriate notice, and charge to the property owner of the building sewer any applicable fees set out in Schedule “B” hereto.
  2. A disconnected building sewer shall not be reconnected without the issuance of a Sewer Connection Permit.
  3. The General Manager may determine the location where the building sewer is to be blanked.

Section 37 - Frontage and Sewer Capital Charges  

  1. Any person applying for a Sewer Permit shall be required to pay a frontage charge or sewer capital charge as levied in accordance with by-laws in effect on December 31, 2000.
  2. The frontage charge, if applicable, is payable before the sewer connection is approved and constructed.
  3. The sewer capital charge, if applicable, is payable before the sewer connection is approved and constructed.  

Section 38 to 41 - Offences and Penalties  

Section 38

Any person who contravenes any of the provisions of this by-law is guilty of an offence.

Section 39

Any person who hinders or obstructs a person lawfully carrying out the enforcement of this by-law is guilty of an offence.

Section 40

Every person who is convicted of an offence is liable to a fine of not more than Five Thousand Dollars ($5,000.00).

Section 41

  1. When a person has been convicted of an offence under this by-law,
    1. the Ontario Court of Justice of the City of Ottawa, or
    2. any court of competent jurisdiction thereafter, may, in addition to any penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.  

Section 42 - Repeal

  1. The following by-laws or portions of by-laws of the old municipalities are hereby repealed:
    1. Part 5.4 of the Regional Regulatory Code of the old Regional Municipality of Ottawa-Carleton;
    2. By-law Number 099-97 of the old Corporation of the City of Nepean entitled “A By-law of The Corporation of the City of Nepean to amend By-Law No. 106-93 to increase the permit fee for private sewer connection”;
    3. Sections 1, 2, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 35, 36, and 37 of By-law Number 163-73 of the old Corporation of the City of Ottawa entitled “A by-law of The Corporation of the City of Ottawa regulating the use of public and private sewers and drains including private sewage disposal, the installation and connection of building sewers, and the discharge of waters and waste into the public sewer system”;
    4. Sections 2, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 37, 38, and the “Sewer Permit Fee” on “Schedule A” of By-law Number 59-87 of the old Corporation of the Township of Goulbourn entitled “A By-Law to control the discharge of sewage into the sewage system of the Municipality pursuant to paragraphs 77, 81 and 147 of Section 210, Chapter 302, the Municipal Act, R.S.O. 1980”;
    5. By-law Number 189 of 1986 of the old Corporation of the City of Gloucester entitled “A By-law to amend By-law 21 of 1984 which regulates sewers and sewage works”;
    6. Sections 2, 3, 4, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 32, 33(1) and (2), 34, and 35 of By-law Number 21 of 1984 of the old Corporation of the City of Gloucester entitled “A By-law regulating sewers and sewage works”;
    7. Sections 1, 2, 3, 4a), 4 d) through j), 5, 6, 7, 8, 9, 11, and 13 of By-law Number 82-86 of the old Corporation of the City of Kanata entitled “A By-law of the Corporation of the City of Kanata regulating the storage of garbage and sewage, connection to public sewers and the disposal of sewage into public sewers, private sewers, natural outlets, septic tanks, and by any other means within the City of Kanata”;
    8. By-law Number 259-86 of the old Corporation of the City of Kanata entitled “A By-law to amend By-law 82-86, Sewer By-law”;
    9. Sections 1, 2,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 30, 31, 32, 33, 34, and 35 of By-law Number 3354 of the old Corporation of the City of Vanier entitled “A By-law to amend By-law 1947 as amended concerning the regulating of sewers and sewage works within the City”;
    10. By-law Number 49 of 1997 of the old Corporation of the Township of West Carleton entitled “A by-law to require all owners of buildings to connect to the sewage collection system, known as the Forced Connection By-law”;
    11. Sections 1, 2, 3(1, (2), (3), and (4), 4, 5, 6, 7, 8, 10, 11 and 12 of By-law Number 50-1997 of the old Corporation of the Township of West Carleton entitled “A by-law of The Corporation of the Township of West Carleton regulating the sewage connection to public and private sewers within the Township of West Carleton”;
    12. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20 of Bylaw Number 53-16 of the old Corporation of the Village of Rockcliffe Park entitled “A By-law of the Corporation of the Village of Rockcliffe Park respecting drains”;
    13. By-law Number 1-98 of the old Corporation of the Township of Rideau entitled “A by-law to regulate the infilling of road ditches”;
    14. Section 8 of By-law Number 18-85 of the old Corporation of the Township of Goulbourn entitled “A by-law to provide for the controlling and regulating of the installation of entrance culverts on roads under the jurisdiction of the Township of Goulbourn and to provide also for the control of infilling of road ditches along the front of properties in the Township of Goulbourn”; and
    15. Section 2 of By-law Number 75-92 of the old Corporation of the City of Cumberland entitled “A by-law of the Corporation of the Township of Cumberland prohibiting the obstruction and altering of any drain”.  

Section 43 - Short Title 

This by-law may be referred to as the “Sewer Connection By-law”.

ENACTED AND PASSED this 8th day of October, 2003.

Schedule A  

Frontage and Sewer Capital Charges

Frontage charges and sewer capital charges shall be levied in accordance with by-laws in effect on December 31, 2000.  

Schedule B  

Sewer Connection Charges

Sewer Connection Permit fee $170
Administration Charge for Cancellation of Permit $25  

Schedule C  

Service Delivery & Cost Allocation Examples for Building Sewers

Note: In each scenario it is assumed that the property owner has discovered water coming up in a basement floor drain or some other indication of a sewer drainage problem, called the City Call Centre to request assistance, the Call Centre has forwarded the service request to the 7/24 staff for action, and the 7/24 staff have investigated at the premises and concluded that the sanitary building sewer (lateral) is blocked. Problems with a storm building sewer (lateral) (which are less common) would be handled in a similar manner.

1. Scenario 1a: Lateral Blocked with Grease  
  1. property owner elects to use City's contractor to clear the blockage;
  2. blockage cleared by contractor and CCTV inspection shows no sign of structural problem or tree roots - conclusion is excessive debris build-up in lateral, and therefore property owner responsibility;
  3. property owner invoiced by City for work done by contractor.  
2. Scenario 1b: Lateral Blocked with Grease - Sump on Private Property
  1. property owner elects to use City's contractor to clear the blockage;
  2. blockage cleared by contractor and CCTV inspection shows a sump in lateral on private property section where grease and debris have accumulated;
  3. property owner advised by staff of potential for future blockages;
  4. property owner elects to do nothing and takes risk of future flooding;
  5. City invoices property owner for work done by contractor.  
3. Scenario 1c: Lateral Blocked with Grease - Sump on City Property
  1. property owner elects to use City's contractor to clear the blockage;
  2. blockage cleared by contractor and CCTV inspection shows a sump in lateral on City property section where grease and debris have accumulated;
  3. contractor advises City sewer maintenance staff;
  4. sewer maintenance staff confirm location and schedule excavation, repair and surface restoration;
  5. no charge to property owner.  
4. Scenario 2a: Lateral Blocked by Roots from City Tree
  1. property owner elects to use City's contractor to clear the blockage;
  2. blockage cleared by contractor, but CCTV inspection shows a mass of tree roots obstructing the lateral;
  3. subsequent investigation identifies that City tree is the source of the problem;
  4. sewer lateral is scheduled for relining by City;
  5. no charge to property owner.  
5. Scenario 2b: Lateral Blocked by Roots from City Tree
  1. property owner elects to use own contractor to clear the blockage;
  2. blockage cleared by contractor, but CCTV inspection shows a mass of tree roots obstructing the lateral;
  3. property owner provides CCTV tape documentation to City;
  4. subsequent investigation identifies that City tree is the source of the problem;
  5. sewer lateral is scheduled for relining by City;
  6. City pays contractor invoice or reimburses property owner if contractor already paid.  
6. Scenario 2c: Lateral Blocked by Roots from Private Tree
  1. property owner elects to use City contractor to clear the blockage;
  2. blockage cleared by contractor, but CCTV inspection shows a mass of tree roots obstructing the lateral;
  3. property owner advised of potential for future blockages;
  4. property owner elects to do nothing and takes risk of future flooding;
  5. (e) City invoices property owner for work done by contractor.  
7. Scenario 2d: Lateral Blocked by Roots from both Private and City Tree
  1. property owner elects to use City's contractor to clear the blockage;
  2. blockage cleared by contractor, but CCTV inspection shows a mass of tree roots obstructing the lateral;
  3. subsequent investigation identifies that both a private and a City tree are the source of the problem;
  4. property owner agrees to share cost of relining;
  5. sewer lateral is scheduled for relining by City;
  6. property owner is invoiced for share of the cost.  
8. Scenario 3a: Lateral Collapsed on City Property
  1. property owner elects to use City's contractor to clear the blockage;
  2. blockage cannot be cleared by contractor and CCTV inspection shows collapsed lateral and location appears to be on City property;
  3. contractor advises City sewer maintenance staff;
  4. sewer maintenance staff confirm location and schedule excavation, repair and surface restoration;
  5. no charge to property owner.  
9. Scenario 3b: Lateral Collapsed on City Property
  1. property owner elects to use own contractor to clear the blockage;
  2. blockage cannot be cleared by contractor and CCTV inspection shows collapsed lateral and location appears to be on City property;
  3. contractor advises City sewer maintenance staff;
  4. sewer maintenance staff confirm location and schedule excavation, repair and surface restoration;
  5. no charge to property owner for repairs, City pays contractor invoice.  
10. Scenario 4a: Lateral Collapsed on Private Property
  1. property owner elects to use City's contractor to clear the blockage;
  2. blockage cannot be cleared by contractor and CCTV inspection shows collapsed lateral and location appears to be on private property;
  3. property owner hires City contractor to affect repairs;
  4. contractor excavates, repairs and completes surface restoration;
  5. City invoices property owner.  
11. Scenario 4b: Lateral Collapsed on Private Property
  1. property owner elects to use City's contractor to clear the blockage;
  2. blockage cannot be cleared by contractor and CCTV inspection shows collapsed lateral and location appears to be on private property;
  3. property owner hires own contractor to affect repairs;
  4. property owner's contractor excavates, repairs and completes surface restoration;
  5. property owner's contractor invoices property owner;
  6. City invoices property owner for work done by City contractor.

BY-LAW NO. 2003 - 513

A by-law of the City of Ottawa regulating sewer connections and sewage works.

Enacted by City Council at its meeting of October 8, 2003.

LEGAL SERVICES JJJ: ce COUNCIL AUTHORITY Municipal Act, 2001, S.O. 2001, c. 25, as amended, ss. 11, 78(2)-87, 90-91.

ESC Report No. 38, Item No.2

September 9, 2003