Amanda Challenges the Constitutionality of the Water and Wastewater Billing By-law 2016-115

A By-law of The Corporation of the City of Barrie

At issue, the City of Barrie has a by-law that makes landowners become sureties for their Tenants’ water and wastewater bills, and binds the landowners’ land to their Tenants’ bills should the Tenants not pay.

The City of Barrie is currently attempting to enforce this bylaw against Amanda and her property. In order to have the Water Bill sent to her Tenant, she first has to sign as surety for her Tenant so if her Tenant in the future fails to pay, Barrie may add the Tenant's water Bill to her taxes. Amanda, of course, is challenging the constitutionality of said bylaw.

The first image below is from the Water and Wastewater Billing By-law 2016-115, which can be found here. The second image is from the fillable form titled, Water Wastewater Billing - Owner Agreement Form - Tenant Occupancy. Tap here to access the Form. Click on images to enlarge.

The City of Barrie is attempting to enforce this bylaw against Amanda and her property. In order to have the Water Bill sent to the Tenant, she first has to sign as surety for her Tenant so if her Tenant in the future fails to pay, Barrie may add the Tenant's water Bill to her taxes. Amanda, of course, is challenging the constitutionality of said bylaw.

On Saturday, November 30th, 2024, Amanda sent an email to the Office of the Mayor of Barrie and fourteen other public servants. A copy of that email can be found here. Copies of her Notice(s) of Trespass, Constitutional Violation, and Criminal Offence(s), along with 3 copies of Water Wastewater Billing Owner Agreement Form – Tenant Occupancy Forms that can be found here. Confirmation of receipt of her documents can be found here.

A copy of the email response that Amanda received on December 31, 2024, can be found here.

A copy of Amanda’s email response dated December 31, 2024, can be found here.

A copy of the email response Amanda received on January 6, 2025, can be found here.

A copy of Amanda’s Notice of Response that was served by email on January 10, 2025, can be found here.

Providing Amanda is successful, challenging said By-Law, similar arguments could be applied to other bylaws, like the vacant land tax bylaws being used by cities like Toronto. 

Make sure to check back for updates.

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