Whereas private water systems are governed under the Water Utility Act, which ensures that the public interest is protected from a monopoly that has no competition in the area of service it provides; And whereas the Water Utility Act provides for the appointment of a Comptroller of Water Rights with the authority that the rates charged to customers of water systems are not excessive, but reasonably allow only for operating costs, a contribution for capital replacement and upgrade, and a provision for management fees; And whereas no similar regulations exist to ensure the same level of transparancy, responsibility and protection for private sewer utilities: Therefore be it resolved that the Province establish legislation to govern private sewer utilities to ensure that the same level of accountability found in the Water Utility Act is afforded to customers of private sewer utilities.
Ministry of Forests, Lands, Natural Resource Operations and Rural Development Ministry staff are aware of the request that the Province regulate and manage private sewer utilities in response to concerns about rates. Private sewer utilities are permitted under the Environmental Management Act and the Municipal Wastewater Regulation, however there is no provincial oversight body for the operation of private sewage utilities. Ministry staff have been working with the Silver Star Property Owners Association SSPOA to better understand the scope of the issue and what options could be implemented to address the concern. Some preliminary work has been completed, however more work is required to complete the assessment of the scope of the issue and what the resource implications would be to adopt a regulatory role in the management of private sewer utilities. Any review of options would have to consider governance structures, resource requirements, and how effectively the issue would be addressed. In addition, due to the way permitting is coded and tracked the number of private sewage utilities is unknown. Ministry staff are also working to better understand how many private sewer utilities exist. Ministry of Environment and Climate Change Strategy The Province views local governments as best-suited to regulate sewer system services given the powers they have under the Local Government Act. The provincial regulatory regime authorizes municipal wastewater discharges but does not regulate their financial charges. Local governments provide sewer system services and have the ability to customize the way the services are provided, regulated and financed. Under the Local Government Act, a regional district has the authority to prohibit the installation of sewage works provided by other parties either a private utility or a municipality. This issue has come about due to a few private systems that appear to be unjustly charging fees. The Province will continue to monitor the issue; however, at this time, it is not considering the regulation of private sewer utilities. The Province may revisit the issue if research indicates a need for regulation. Although the provincial government does not regulate financial charges, local governments can by enacting applicable bylaws.