If the option of paying the Single Call Fee was severed from the Bylaw, would entering into a 911 Emergency Calling Service Agreement be unenforceable or mandatory?
British Columbia, Canada
The following excerpt is from Canadian Wireless Telecommunications Association v. Nanaimo (City), 2012 BCSC 1017 (CanLII):
If the option of paying the Single Call Fee were severed from the Bylaw, that would leave entering into a 911 Emergency Calling Service Agreement as either unenforceable or mandatory, depending on how one construed what would be left of the Bylaw after the provisions relating to the Single Call Fee were deleted. On either construction, the effect of the Bylaw would be radically different from what was intended when the City enacted it. To sever the offending portions of the Bylaw would be to re-write it. I am satisfied that the City would not have enacted the remainder of the Bylaw independently of the Single Call Fee provision, and accordingly, it is not severable: School District No. 61 v. District of Oak Bay, 2006 BCCA 28.
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