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DÉLı̨ NĘ GOT'ı̨ NĘ GOVERNMENT
WATER AND SEWER RATES ACT
JANUARY 1, 2025
TABLE OF CONTENTS
CITATION
2
APPLICATION
2
DEFINITIONS
2
SUPPLY OF WATER AND SEWER SERVICES
3
SERVICE CHARGES
4
PAYMENTS
4
USE OF WATER
4
DISCHARGE OF HARMFUL WASTE
5
INSPECTIONS
5
OFFENCES AND PENALTIES
5
REGULATIONS
6
DELEGATION
6
SEVERABILITY
6
INTERPRETATION
6
REPEAL
6
AMENDMENT
6
COMMENCEMENT
6
CONFLICT
6
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WHEREAS section 9.1.1(g) of the Délı̨ nę Final Self-Government Agreement empowers the
Délı̨ nę Got'ı̨ nę Government to enact laws with respect to programs, services, and facilities
provided by or on behalf of the DGG, including sewers and water distribution,
the Délı̨ nę Got'ı̨ nę Government enacts as follows:
Citation
1.
This Act may be cited as the "DGG Water and Sewer Rates Act".
Application
2.
This Act applies to the provision of Water and Sewer Services by the DGG within the
Community of Délı̨ nę.
Definitions
3.
In this Act:
"Call-Out" means an extra water and sewer service delivery requested by the Customer that
is outside of the regular Water and Sewer Service schedule;
"CEO" means the Chief Executive Officer which is the DGG employee appointed to that
position under the DGG Government Organization Act, as amended from time to time, and
includes an individual who may have a different job title but has the same duties and powers
of the Chief Executive Officer under the DGG Government Organization Act as that law was
written at the time this Act is enacted;
"Church" means a religious organization operating a facility used for religious purposes in
the Community of Délı̨ nę;
"Commercial" means commercial profit-making organizations;
"Community of Délı̨nę" means the area described in Schedule "B" of the DFSGA;
"Customer" means any person or Government who has entered into an arrangement with
the DGG to receive Water and Sewer Services;
"DFSGA" means the Délı̨ nę Final Self-Government Agreement;
"DGG" means the Délı̨ nę Got'ı̨ nę Government, described in the DFSGA and Part 1,
Division 2 of the DGG Government Organization Act, as amended from time to time;
"DKK" means the Délı̨ nę K'aowǝdó Kǝ, the body described in section 3.4.1(b) of the
DFSGA and established by Part 1, Division 2 of the DGG Government Organization Act, as
amended from time to time;
"Enforcement Officer" means an individual appointed by the DKK to enforce this Act and
any member of the Royal Canadian Mounted Police;
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"Government" includes the DGG, Government of Canada, and Government of the
Northwest Territories and their various departments, including the NWT Housing
Corporation;
"Inspector" means a person appointed by the DKK to conduct inspections pursuant to this
Act;
"Non-Profit" means an organization whose purpose is not to make a profit;
"Owner" means any person or Government who is the registered owner of a property, or
any person or Government who is in lawful possession or occupation of a building;
"person" includes an individual and a corporation and the heirs, executors, administrators
or other legal representative of a person;
"Residential" means the residential units in the Community of Délı̨ nę, but does not
include units that are public housing provided by the Government of the Northwest
Territories;
"SDMCLCA" means the Sahtu Dene and Métis Comprehensive Land Claim Agreement;
and
"Water and Sewer Service" means the DGG's trucked water and sewage service and
includes just water service, just sewer service, or both water and sewer services.
Supply of Water and Sewer Services
4.
The DGG shall provide Water and Sewer Services within the Community of Délı̨ nę.
5.
When, in the opinion of the CEO, the water supply for domestic or fire protection
purposes is impaired, the DGG may:
(a)
regulate the use of the water supply; or
(b)
restrict or terminate the supply of water for the Community of Délı̨ nę.
6.
The DGG may terminate Water and Sewer Services to a Customer for the following
reasons:
(a)
non-payment by the Customer of charges or fees levied pursuant to this Act;
(b)
failure by the Customer to provide free and safe access to the outlets for water and
sewer on a building; or
(c)
the Customer's contravention of any other section of this Act.
7.
When Water and Sewer Services are restricted or discontinued, the DGG shall not be
liable for any costs or damages resulting from the loss of Water and Sewer Services.
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8.
The DGG shall not terminate Water and Sewer Services for non-payment during the
months of October to April each year.
Service Charges
9.
The DKK shall set, by motion, the rates for Water and Sewer Services, including:
(a)
rates for regular Water and Sewer Services;
(b)
rates for Call-Outs for extra Water and Sewer Services; and
(c)
rates for different classes of Customers.
10.
The DGG shall use the following classifications of Customers for the purposes of
determining the specific rate to be charged:
(a)
Residential Class means Residential Customers;
(b)
Church Class means Church Customers;
(c)
Commercial Class means Commercial Customers and Non-Profit Customers;
and
(d)
Government Class means Government Customers, including the Ɂehtseo Ayha
School and public housing units operated by the Government of the Northwest
Territories.
11.
Where any Water and Sewer Service charge or fee is prescribed by the month or any
other period, the amount payable for a partial period shall be calculated on a
proportional basis, unless otherwise provided for in this Act.
Payments
12.
Customers shall pay for all fees and all other penalties and charges levied pursuant to
this Act no later than the payment date identified on the bill.
13.
Bills are considered to be paid when the payment is received at the DGG office, or at
such other place as may be determined by the CEO and specified on the bill.
14.
The DGG may charge a late payment fee on overdue bills, and the DKK may prescribe
such fee by regulation.
15.
The CEO may terminate Water and Sewer Services to Customers whose bills remain
unpaid for more than 90 days after the payment date identified on the bill.
Use of Water
16.
No one shall willfully waste water or allow the continuous unattended flow of water
without written permission from the CEO.
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17.
No one shall re-sell or give away water received through the Water and Sewer
Services without written permission from the CEO.
Discharge of Harmful Waste
18.
No Customer or person shall discharge or deposit or cause or permit the discharge or
deposit into a sewage tank matter of any type or at any temperature or in any quantity:
(a)
which may be or become a hazard to persons, animals or property;
(b)
which may be or become harmful to any part of the water and sewer system; or
(c)
which may impair or interfere with the proper operation of any Water and Sewer
Services equipment or treatment process.
19.
No Customer or person shall directly or indirectly discharge any trade, industrial or
manufacturing waste or any waste deemed unacceptable by the CEO into a sewage tank
without such previous treatment to make it safe for the water and sewer system.
20.
Grease, oil, or sand interceptors of sufficient size and approved design shall be installed
on the sewer pipes from all hotels, restaurants, laundries, garages and such other places
as the CEO may direct.
Inspections
21.
The DKK may appoint an Inspector who may at all reasonable times and upon giving
reasonable notice enter upon and inspect any Customer's building or property connected
to water or sewer services to inspect water and sewer tanks and connections to ensure
compliance with this Act.
22.
All Owners shall permit the free entry of the Inspector into their premises and shall
give access to the water and sewer facilities for inspection.
Offences and Penalties
23.
Any person who contravenes this Act, permits any act or thing to be done in
contravention of this Act, or who neglects or refrains from doing anything required to be
done pursuant to this Act commits an offence and may be liable to a penalty up to the
maximums in the DFSGA or as set out in a DGG law.
24.
Where a person has committed an offence under this Act, an Enforcement Officer may
warn the person that they have committed an offence and educate the person on the rules
in this Act instead of issuing a ticket.
25.
The DKK may prescribe, by regulation, fines for offences under this Act, including
different amounts for subsequent offences, early payment discounts, and late payment
penalties.
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26.
In the case of an offence that is of a continuing nature, a contravention constitutes a separate
offence in respect of each day, or part of a day, on which the offence continues and any
person guilty of such an offence may be liable to a fine for each such day or part of a day.
27.
The DGG Enforcement Act, if in force, applies to offences under this Act.
Regulations
28.
The DKK may make any regulations that it considers necessary or advisable for the
purposes of this Act.
Delegation
29.
The DKK may delegate any of its authorities, powers or responsibilities under this Act.
30.
The CEO may delegate any of their authorities, powers or responsibilities under this Act.
Severability
31.
Should any provision of this Act be found to be invalid by a court of competent
jurisdiction, whether in whole or in part, or in particular circumstances, the invalid
provision shall be severed and the balance of the Act shall be maintained in force, or
maintained in force for application in other circumstances.
Interpretation
32.
Words and expressions used in this Act have the same meaning as they have in the
DFSGA, unless the context requires otherwise.
Repeal
33.
This Act hereby repeals and replaces all Charter Community of Délı̨ nę Bylaw on the
same matter.
Amendment
34.
This Act may be amended in accordance with DGG Law.
Commencement
35.
This Act comes into force on the date of its enactment.
Conflict
36.
In the event that two or more provisions within the Act conflict with one another, the
most restrictive provision shall prevail.
37.
In the event that the provisions of this Act conflict with the provisions of the
DFSGA, the provisions of the DFSGA prevail.
38.
In the event that the provisions of this Act conflict with the provisions of the Délı̨ nę
Got'ı̨ nę ʔeɂadó, the provisions of the Délı̨ nę Got'ı̨ nę ʔeɂadó prevail.
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39.
In the event that the provisions of the DFSGA conflict with the provisions of the Délı̨ nę
Got'ı̨ nę ʔeɂadó, the provisions of the DFSGA prevail.
40.
In the event that the provisions of the DFSGA conflict with the provisions of the
SDMCLCA, the provisions of the SDMCLCA prevail.