This document has been posted for informational purposes only. To obtain a copy of the original by-law, please contact clerk@collingwood.ca.
The purpose of this by-law is to provide for the prevention of backflow and cross connection control to the water supply of the Town of Collingwood.
Backflow Prevention By-law No. 2026-052
Whereas Section 9 of the Municipal Act, S.O. 2001, c. 25, as amended, hereinafter referred to as "the Municipal Act, 2001”, provides that a municipality has the capacity, rights, powers and privileges of a natural Person for the purpose of exercising its authority under the Municipal Act, 2001;
And whereas Section 11 of the Municipal Act, 2001, provides that a lower-tier municipality may pass By-Laws relating to public utilities, including matters affecting water distribution, and for the purposes related to health, safety and well-being of Persons;
And whereas Section 23.1 of the Municipal Act, 2001, authorizes a municipality to delegate its powers and duties under the Municipal Act, 2001;
And whereas Section 436 (1) of the Municipal Act, 2001, provides that a municipality may pass a By-Law for the entry onto property at any reasonable time for the purpose of carrying out an inspection to determine compliance with a By-Law;
And whereas Sections 444 and 445 of the Municipal Act, 2001, provides for a municipality to make an order to discontinue a contravening activity or correct a contravention, with either order setting out particulars of the contravention and the date by which compliance must be achieved;
And whereas Section 446 of the Municipal Act, 2001, provides that a municipality may proceed to do things at a Person’s expense which that Person is otherwise required to do under a By-Law but has failed to do and the costs incurred by a municipality may be recovered by adding the costs to the tax roll and collecting them in the same manner as taxes;
And whereas Section 11 of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32 as amended, hereinafter referred to as “the Safe Drinking Water Act, 2002”, requires that Owners of municipal drinking water systems ensure that all water provided by the system meets prescribed drinking water standards to the point where the system is connected to a user’s plumbing system and that the drinking water system is operated in accordance with the Safe Drinking Water Act, 2002;
And whereas Section 19 of the Safe Drinking Water Act, 2002, requires every Person who oversees or has decision-making authority over a municipal drinking water system to exercise the level of care diligence and skill that a reasonable prudent Person would be expected to exercise in a similar situation and act honestly competently and with integrity with a view to ensuring the protection and safety of the users of the municipal drinking water system;
And whereas contamination of the Town’s drinking-water system can arise as a result of a Backflow incident from a private plumbing system that is attached to the Town’s drinking water system and such contamination of the Town’s drinking-water system can have an adverse impact on the health, safety and well-being of the users of the Town’s drinking water system;
And whereas Council enacted By-Law 2017-056 to regulate Backflow into the Town's water supply;
And whereas the Town wishes to update and replace By-Law 2017-056 regulating Backflow into the Town’s drinking water system;
Now therefore Council of the Corporation of the Town of Collingwood enacts as follows:
This By-law may be cited as the “Backflow Prevention By-law”.
For the purpose of this By-law the following terms shall have the following meanings:
- Adjacent — means situated within three (3.0) meters of the water meter.
- Administrative Monetary Penalty — means a monetary penalty imposed under and in accordance with By-Law 2025‑003, as amended, for a contravention of this By-Law.
- Agent — means a Person authorized in writing to act on another Person’s behalf.
- Auxiliary Water — means any water source or system available to a Premises, other than the Town’s Drinking Water System.
- Backflow — means any flow of used or non-Potable Water or substance from any Residential, Commercial, Industrial or Institutional piping system into the Town’s Drinking Water System.
- Backflow Preventer — means a device or assembly that prevents Backflow.
- Building — means a Building as defined by the Building Code Act, or a structure used or intended to be used for supporting or sheltering any use or occupancy.
- Building Code Act — means the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and its regulations.
- Bypass — means any pipe, valve, or connection that would allow water, not to completely pass through the Backflow Preventer.
- Commercial — means Premises used for buying, selling, leasing, or renting goods or accommodations, or for the supplying of services, including retail, Personal service, office, and similar business uses, and similar activities, including those uses happening in Residential Premises.
- Contaminate or Contamination — includes failure to comply with the requirements or standards of this By-Law, the Building Code Act, or the CSA Standard, and includes a Severe Hazard, Moderate Hazard, or Minor Hazard, or Emergency.
- Costs — means all monetary expenses including materials, labour incurred by the Town and including interest.
- Cross Connection — means any actual or potential connection between any part of a Town’s Drinking Water System and any source of pollution or Contamination.
- CSA Standard — means document B64.10-11/B64.10.1-11 - Selection and Installation of Backflow Preventers/Maintenance and Field Testing of Backflow Preventers, including all appendices, as amended from time to time.
- Director — means the Director of Infrastructure, or their designate.
- Dwelling Unit — means a suite operated as a housekeeping unit, used or intended to be used by one or more Persons and usually containing cooking, eating, living, sleeping, and sanitary facilities, but shall not include any motor vehicle, recreational vehicle, or tent.
- Emergency — means the presence of any substance in the Town’s Drinking Water System that may pose a health hazard or aesthetic concern due to its chemical, biological, or physical properties.
- Fees and Charges By-Law — means the Town’s By-Law 2025-086, as amended, adopted from time to time, for imposing fees or charges with respect to services or activities provided, related costs payable, and the use of its property.
- Industrial — means Premises used for the warehousing of goods and materials, the assembly of manufactured goods, the manufacturing of goods, the repair and servicing of goods, and similar activities.
- Institutional — means Premises used for social, educational, health‑care, governmental, or religious purposes, including places of worship, schools, long‑term care facilities, hospitals, recreation centres, libraries, and municipal, provincial, or federal offices, and similar activities.
- Minor Hazard — means any type of Cross Connection that involves substances that constitute only a nuisance and result in reduction in only the aesthetic qualities of the water, such as taste, odor, or colour, as defined by the CSA Standard.
- Moderate Hazard — means any Minor Hazard that has a low probability of becoming a Severe Hazard and includes, but is not limited to, connections involving water where the aesthetic qualities of the water have been reduced and, under certain conditions can create a danger to health, as defined by the CSA Standard.
- Multi-Residential — means any Premises containing five (5) or more self‑contained Dwelling Units on one Premises.
- Officer — means a police Officer, municipal law enforcement Officer, Director or any other Person appointed by By-Law to enforce the provisions of this By-Law.
- Owner — includes:
- the registered Owner of the Premises or an Agent of the registered Owner of the Premises;
- any Person in charge, management or control of such Premises; as the context requires.
- Person — includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other legal representative and includes an Owner.
- Potable Water — means water that is fit for human consumption.
- Premises — means a parcel of Land, or any part thereof, including all Buildings and structures located on it.;
- Premises Isolation — means isolation of the water located within a Premises from the Town’s Drinking Water System.
- Qualified Contractor — means a Person with the applicable professional designation listed on Schedule A to this By-Law.
- Qualified Contractor Registry — means a list of approved Qualified Contractors for the Town of Collingwood.
- Residential — means Premises used for human habitation within one or more Dwelling Units.
- Severe Hazard — means any type of Cross Connection involving water that has additives or substances that, under any concentration, can create a danger to health, as defined by the CSA Standard.
- Tax Roll Address — means the mailing address and contact information for the Owner(s) of a Premises that appears in the Town’s municipal tax assessment records.
- Town — means the Corporation of the Town of Collingwood, or the geographic area within the limits of the Town of Collingwood, as the context requires.
- Town’s Drinking Water System — means the Town’s Drinking-Water System as defined by subsection 2(1) of the Safe Drinking Water Act, 2002.
- Water Service Pipe — means the pipe and fittings that convey Potable Water from a connection on a watermain or private watermain to the meter location, or, for a fire service, to the meter location inside of the exterior wall of a structure.
- Zoning By-Law — means any By-Law passed by the Town pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P. 13.
- This By-Law shall apply to:
- all existing and future Industrial, Commercial, Institutional, and Multi-Residential Premises serviced by the Town’s Drinking Water System where a Minor Hazard, Moderate Hazard, or Severe Hazard exists, and
- Residential Premises serviced by the Town’s Drinking Water System where Auxiliary Water is present or a Moderate Hazard or Severe Hazard exists.
- Without limiting 3.1, this By-Law shall apply to any Premises serviced by the Town’s Drinking Water System where the Director has reasonable grounds to believe, based on inspection, testing, or other reliable information, that a condition exists that may pose a hazard to the Town’s Drinking Water System.
- The Director shall administer this By-Law and establish all forms and notices, necessary to implement this By-Law, and may amend such forms and notices from time to time, as the Director deems necessary, provided that the contents of such forms and notices are not in conflict, or inconsistent with this By-Law.
- The Director may, upon providing written notice outlining the reasons for their decision, remove a Qualified Contractor from the Qualified Contractor Registry for any period of time, as deemed appropriate by the Director including permanent removal for failure to comply with this By-Law, the CSA Standard or the terms and conditions of this By-Law.
- No Person shall cause or permit any work required under this By-Law to be completed, unless such work is completed by a Qualified Contractor who is listed on the Qualified Contractor Registry.
- No Person shall perform any work required under this By law unless the Person is a Qualified Contractor listed on the Qualified Contractor Registry.
- No Qualified Contractor shall fail to comply with the requirements, terms, and conditions of this By-Law in carrying out any work or activity under this By-Law.
- No Person shall install or cause to be installed a Premises Isolation Backflow Preventer other than in accordance with the requirements of this By-Law.
- No Owner shall fail to comply with the requirements, terms, and conditions of this By-Law.
- No Person shall fail to maintain a Premises Isolation Backflow Preventer in good working condition.
- No Person shall fail to comply with an Order issued under this By-Law.
- No Person shall fail to complete Premises Isolation Backflow Preventer testing as required by this By-Law.
- No Person shall remove or cause to be removed a Premises Isolation Backflow Preventer without the written permission of the Director.
- No Person shall remove or cause to be removed a Premises Isolation Backflow Preventer without the written permission of the Director.
- No Person shall provide false or misleading information to the Town, an Officer, or the Town’s Agents or contractors in the exercise of a power, duty, or administrative function under this By‑law.
- No Person shall refuse or fail to provide or produce information, documents or things as requested by an Officer.
- No Person shall connect, cause to be connected, or allow to remain connected to the Town’s Drinking Water System, any piping, fixture, fitting, container or appliance in a manner which under any circumstances, may allow water, wastewater, non-Potable Water, or any other liquid, chemical or substance to enter the Town’s Drinking Water System.
- Where a risk of possible contamination of the Town’s Drinking Water System exists, Premises Isolation Backflow Preventers shall be installed by an Owner, at their expense, in accordance with the Premises Hazard classification in the CSA Standard and as determined by the completion of a Cross Connection Survey to the satisfaction of the Director.
- Where an Officer determines a Minor Hazard or Moderate Hazard to the Town’s Drinking Water System exists, the Officer upon providing reasonable notice to the Owner may shut off the water supply to the Premises until the condition is eliminated to the satisfaction of the Officer.
- In the case of contamination or potential contamination to the Town’s Drinking Water System, an Officer may immediately and without notice shut off the water supply to the Premises until the condition is eliminated to the satisfaction of the Officer.
- Where an Owner is required by this By-Law to install Premises Isolation Backflow Preventer(s), the Premises Isolation Backflow Preventer(s) shall be installed at the Owner’s expense.
- Premises Isolation Backflow Preventer(s) shall be installed by the Owner:
- through a Qualified Contractor listed on the Town’s Qualified Contractor Registry and inspected and tested in accordance with the requirements of this By-Law by the Qualified Contractor;
- in accordance with the Building Code Act, this By-Law and the CSA Standard;
- at the point where a Water Service Pipe enters the Building, directly downstream and Adjacent to the water meter;
- in locations that are readily accessible with adequate space to facilitate maintenance and testing;
- at the required heights and clearances as set forth in the CSA Standard; and
- horizontally unless vertical installation is specified by the manufacturer.
- An Owner installing a Backflow Preventer shall to the satisfaction of the Director:
- complete and submit a Cross Connection Survey provided by the Director;
- complete and submit Cross Connection Control Testing and Inspection Report provided by the Director, for all tests performed on a Premises Isolation Backflow Preventer; and
- obtain a Cross Connection Control Test Tag from the Director and pay the Cross Connection Control Test Tag fee.
- An Owner shall display or cause to be displayed a Cross Connection Control Test Tag on or directly Adjacent to the Premises Isolation Backflow Preventer(s) installed on the Premises.
- An Owner shall maintain all Premises Isolation Backflow Preventer(s) at their expense
- in accordance with the requirements of this By-Law and the CSA Standard; and
- in good working condition.
- Where an Officer determines an additional Backflow Preventor(s) is required, an Owner shall upon receiving notice from the Officer, install at their expense, the Backflow Preventer(s) on the Premises.
- The Director shall authorize in writing the installation location(s) for additional Backflow Preventer(s) on the premise. These Backflow Preventers shall be considered Premises Isolation Backflow Preventers, in addition to any other Premises Isolation Backflow Preventers installed, in accordance with this By-Law
- No Person shall make, or cause to be made, connections upstream of a Premises Isolation Backflow Preventer, unless authorized in writing by the Director.
- An Owner shall ensure that all pipe work upstream of the Premises Isolation Backflow Preventer is permanently and clearly labeled “no connections permitted”.
- Bypasses around Premises Isolation Backflow Preventers are prohibited except where an equivalent Backflow Preventer is installed on the Bypass.
- An Owner shall have all Premises Isolation Backflow Preventers tested by a Qualified Contractor listed on the Town’s Qualified Contractor Registry, at the Owner’s expense:
- Upon installation and annually thereafter;
- After making any repairs or alterations
- Upon request od Director
- A Cross Connection Control Testing and Inspection Report shall be completed by a Qualified Contractor listed on the Qualified Contractor Registry for all tests performed on a Premises Isolation Backflow Preventer.
- An Owner shall display on or directly Adjacent to the Premises Isolation Backflow Preventer a Cross Connection Control Test Tag, on which the Qualified Contractor listed on the Town’s Qualified Contractor Registry shall clearly record:
- the address of the Premises;
- the location, type, manufacturer, serial number, the size of the Backflow Preventer;
- the test date; and
- the Qualified Contractor's name, business name, OWWA certificate number, and signature.
- An Owner with an existing connection to the Town’s Drinking Water System and where requested by the Director, or requesting a new connection to the Town’s Drinking Water System, shall submit to the satisfaction of the Director, at the Owner’s expense:
- a Cross Connection Survey provided by the Director, prepared and completed by a Qualified Contractor listed on the Town’s Qualified Contractor Registry.
- A complete Cross Connection Survey shall:
- encompass the entire premise where Potable Water is available, including all Buildings on the Premises where Potable Water and Auxiliary Water systems are present.
- An Owner shall ensure that Cross Connection Surveys are completed and are submitted to the satisfaction of the Director:
- every 5 years from the date of the first Cross Connection Survey;
- when there is a change to the internal plumbing system;
- when there is a change of use on the premise; and
- upon request of the Director.
- No Person shall remove or cause to be removed a Premises Isolation Backflow Preventer without the written authorization of the Director.
- Notwithstanding, Section 12.1, a Person may remove or cause to be removed a Premises Isolation Backflow Preventer without the permission of the Director, where the Backflow Preventer is immediately replaced with a Backflow Preventer that meets or exceeds the requirements of this By-Law.
- An Owner shall to the satisfaction of the Director submit a Cross Connection Control Device Removal Report provided by the Director and prepared by a Qualified Contractor following the removal of a Premises Isolation Backflow Preventer from their Premises.
- A Qualified Contractor making an application to be listed on the Town’s Qualified Contractor Registry shall meet the requirements of the CSA Standard and shall submit to the satisfaction of Director:
- a complete application form provided by the Director;
- records of qualifications or training, as may be required by the Director;
- their OWWA Cross Connection Control Specialist Certification; and
- the required registration fee as provided for in the Fees and Charges By-Law.
- The Director shall include a Qualified Contractor listed on the Town’s Qualified Contractor Registry upon the requirements of this By-Law being met.
- Qualified Contractor(s) listed on the Qualified Contractor Registry shall comply with the following terms and conditions:
- annually submit to the Director, proof that their OWWA Cross Connection Control Specialist Certification is in good standing;
- annually submit the required fee as provided for in the Fees and Charges By-Law for remaining on the Qualified Contractor Registry;
- comply with the requirements of the CSA Standard;
- comply with the requirements of the Building Code Act, and applicable Town permitting requirements;
- comply with the requirements of this By-Law;
- only complete or perform work as authorized and in accordance with Schedule A to this By-Law;
- upon completion of work performed in accordance with this By-Law complete and provide to the Owner:
- Cross Connection Survey;
- Cross Connection Control Testing and Inspection Report(s);
- Cross Connection Control Device Removal Report(s); and/or
- Cross Connection and Backflow Prevention Test Tag(s); and
- upon finding a Backflow Preventer that is not in good working order, immediately notify the Owner and the Director.
- If an Officer has reasonable grounds to believe that a contravention of this By-Law has occurred, the Officer may make an Order requiring the Person, to:
- discontinue the contravening activity,
- do or take any action to correct the contravention.
- An Order under Section 14.1 shall set out:
- reasonable particulars of the contravention adequate to identify the contravention;
- the location of the premise on which the contravention occurred; and either:
- in the case of an Order under Section 14.1 (a), the date by which there must be compliance with the Order; or
- in the case of an Order under Section 14.1 (b), the action to be done and the date by which the action must be done.
- An Order made under this By-Law shall be served to:
- the Person the Officer believes contravened this By-Law; and
- such other Persons affected by the Order as the Officer making the Order determines.
- An Order under Section 14.1 (b) may require work to be done even though the facts which constitute the contravention of this By-Law were present before this By-Law came into effect.
- In default of any work or thing required by an Order under Section 14.1 (b) or this By-Law being done by the Person directed or required to do it, the work or thing may be done by the Town at the Person’s expense. For the purposes of this section, the Town and its employees, contractors, suppliers of goods and services, Agents and representatives may enter upon a Premises at any reasonable time.
- Without limiting its other rights, the Town may recover the costs of doing any matter or thing described in the previous section or falling under section 446 of the Municipal Act, 2001 by adding the costs to the tax roll and collecting them in the same manner as property taxes.
- The costs in section 14.6 shall include interest calculated as defined in the Fees and Charges By-Law, calculated for the period commencing on the day the Town incurs the costs and ending on the day the costs, including interest, are paid in full.
- A document, notice, decision or Order excluding a Penalty Notice, issued in accordance with this By-Law, shall be served using one or more of the following methods of service noted in Column A below and is deemed served on the date noted in Column B below:
| COLUMN A | COLUMN B |
|---|---|
| Method of Service | Deemed Date of Service |
| Personal | Date Personally delivered to Person to whom it is addressed |
| Posted in a conspicuous place on the Premises | Date posted on the Premises |
| Date email is sent to the Person’s last known email address | |
| Regular/ Registered Mail | Five (5) days after the date of mailing to the Person’s last known mailing address |
- For the purposes of this By-Law, a Person’s last known address and electronic mail address includes an address and electronic mail address provided by the Person to the Town in connection with any municipal program or service, application, or transaction, and includes a Tax Roll Address.
- Where service is affected by multiple methods, the date of service shall be on the earliest applicable date.
- The enforcement of this By-Law shall be conducted by an Officer.
- An Officer may enter on the Premises at any reasonable time for the purpose of carrying out an inspection to determine whether or not:
- the By-Law is complied with;
- a direction or Order of the Town pursuant to the Municipal Act, 2001, or made under this By-Law is complied with; or
- an Order pursuant to Section 431 of the Municipal Act, 2001, is complied with.
- For the purposes of an inspection under this By-Law, an Officer may:
- require the production for inspection of documents or things relevant to the inspection;
- inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
- require information from any Person concerning a matter related to the inspection; and
- 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.
- All documents and records shall be kept in a good and business-like manner for review by an Officer at their request.
- A sample taken under this By-Law shall be divided into two parts, and one part shall be delivered to the Person from whom the sample is taken, if the Person so requests at the time the sample is taken and provides the necessary facilities.
- If a sample is taken under this By-Law and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the Person from whom the sample was taken.
- A receipt shall be provided for any document or thing removed under this By-Law and the document or thing shall be promptly returned after the copies or extracts are made.
- Every Person who contravenes any provision of this By-Law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, subject to the succeeding sections.
- Pursuant to subsection 429(2) of the Municipal Act, 2001, every Person is liable and upon conviction pursuant to Part III of the Provincial Offences Act, R.S.O. 1990, c. P.33, to the following penalties:
- upon a first conviction, to a fine of not more than $50,000;
- upon a second or subsequent conviction, to a fine of not more than $100,000.
- Every Person who is issued an offence notice or summons and is convicted of an offence under this By-Law in a proceeding commenced under Part I of the Provincial Offences Act shall be liable to a fine in accordance with the applicable provisions of the Provincial Offences Act.
- No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-Law
- Every Person who is alleged to have contravened any provision of this By‑law shall identify themselves to an Officer upon request, and any failure to do so shall be deemed to be an obstruction of an Officer in the execution of their duties
- Any fine imposed under this By-law may be recovered in accordance with the Provincial Offences Act.
- The right of entry onto a Premises under this By law does not include entry into a Dwelling Unit, unless:
- the consent of the occupier of the Dwelling Unit has been obtained; or
- a warrant has been issued authorizing such entry.
- Where consent to enter a Dwelling Unit is refused and such refusal prevents an Officer from determining whether a condition exists that may pose a Severe Hazard to the Town’s Drinking Water System, the Town may, upon reasonable notice to the Owner, suspend or shut off the water supply to the Premises until access is provided or the condition is otherwise verified or eliminated to the satisfaction of the Director.
- The administrative penalty amounts applicable to contraventions of this By-Law are as set out in the Town’s Administrative Monetary Penalty By-Law 2025-003 including its Schedules.
- Any fees and administrative costs associated with this By-Law are non-refundable and are as indicated in the Fees and Charges By-Law.
- If a court of competent jurisdiction declares any section or part of this By-Law invalid, it is the intention of Council that the remainder of this By-Law shall continue in force unless the court makes an order to the contrary.
- In this By-Law, unless the context otherwise requires words importing the singular shall include the plural, where applicable.
- That the schedules attached to this By-Law form part of this By-Law
That By-Law 2017-056 is hereby repealed.
This By-Law shall come into full force and effect on the day it is passed.
ENACTED AND PASSED this 20th day of July, 2026.
In this By-Law, Authorized Function List:
| Item | Function | Professional Engineer with OWWA Tester's Certificate | *Certified Engineering Technologist with OWWA Tester's Certificate | Licensed Master Plumber with Contractor's License and OWWA Tester's Certificate | **Journeyman Plumber with OWWA Tester's Certificate | ***Apprentice Plumber with OWWA Tester's Certificate | Fire System Sprinkler Fitter with OWWA Tester's Certificate | Lawn Irrigation System Installer with OWWA Tester's Certificate | Municipal Water Department Staff with OWWA Tester's Certificate |
|---|---|---|---|---|---|---|---|---|---|
| 1 | Carry Out Cross Connection Survey | âś” | âś” | âś” | âś” | ||||
| 2 | Install, Relocate or Replace Backflow Prevention Device | âś” | âś” | âś” | |||||
| 3 | Repair of Backflow Prevention Device | âś” | âś” | âś” | âś” | âś” | |||
| 4 | Test Backflow Prevention Device | âś” | âś” | âś” | âś” | âś” | |||
| 5 | Items 1, 2, 3 & 4 above in respect of Fire Protection Systems | âś” | âś” | âś” | âś” | âś” | |||
| 6 | Items 3 & 4 above in respect of Lawn Irrigation Systems | âś” | âś” | âś” | âś” | âś” | âś” | ||
| 7 | Items 1, 2, 3 & 4 above in respect to the Municipal Water System | âś” | âś” | âś” | âś” | âś” |
* Required to be under the direction of a professional engineer
** Required to be employed by a licensed plumbing contractor
*** Required to be employed by a licensed plumbing contractor and under the direct supervision of a journeyman, plumber or master plumber with OWWA Tester's Certificate