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Consolidation
This Bylaw has been consolidated under the authority of the City
Clerk. It represents proof, in absence of evidence to the contrary of:
(a)
the original bylaw and of all bylaws amending it; and
(b)
the fact of passage of the original and all amending bylaws.
CITY OF MOOSE JAW
SEWER AND WATER UTILITY BYLAW
Bylaw No. 5152
Date of Passage January 14, 2002
(effective date January 14, 2002)
Including amendments to May 26, 2026
Disclaimer:
This information has been provided solely for research
convenience. Official bylaws are available at the
Office of the City Clerk and must be consulted for purposes
of interpretation and application of the law.
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AMENDMENTS
DATE PASSED
FORCE/EFFECT
Bylaw No. 5242
August 8, 2005
March 24, 2005
Bylaw No. 5262
September 11, 2006
January 1, 2007
Bylaw No. 5265
December 18, 2006
December 18, 2006
Bylaw No. 5279 (repealed)
December 3, 2007
January 1, 2008
Bylaw No. 5348 (repealed)
September 20, 2010
January 1, 2011
Bylaw No. 5386 (repealed)
October 3, 2011
January 1, 2012
Bylaw No. 5508
December 21, 2015
December 21, 2015
Bylaw No. 5520
January 9, 2017
January 9, 2017
Bylaw No. 5535 (repealed)
May 23, 2017
May 23, 2017
Bylaw No. 5557 (repealed)
April 23, 2018
April 23, 2018
Bylaw No. 5574 (repealed)
March 25, 2019
March 25, 2019
Bylaw No. 5579 (repealed)
May 13, 2019
May 27, 2019
Bylaw No. 5564
October 15, 2019
October 15, 2019
Bylaw No. 5615 (repealed)
January 27, 2020
January 27, 2020
Bylaw No. 5621
April 27, 2020
April 27, 2020
Bylaw No. 5629 (repealed)
January 25, 2021
January 25, 2021
Bylaw No. 5636
January 25, 2021
January 25, 2021
Bylaw No. 5660 (repealed)
January 10, 2022
January 10, 2022
Bylaw No. 5670
August 8, 2022
August 8, 2022
Bylaw No. 5679
January 9, 2023
January 9, 2023
Bylaw No. 5710 (repealed)
January 15, 2024
January 15, 2024
Bylaw No. 5729
February 10, 2025
February 10, 2025
Bylaw No. 5748 (repealed)
January 13, 2026
January 13, 2026
Bylaw No. 5752
May 12, 2026
May 12, 2026
Bylaw No. 5759
May 26, 2026
May 26, 2026
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BYLAW NO. 5152
A BYLAW OF THE CITY OF MOOSE JAW
TO PROVIDE FOR THE MANAGEMENT AND
OPERATION OF A PUBLIC UTILITY SERVICE FOR THE SUPPLY,
COLLECTION, TREATMENT, STORAGE AND DISTRIBUTION
OF WATER AND FOR THE COLLECTION, TRANSMISSION,
TREATMENT AND DISPOSAL OF SEWAGE AND STORM DRAINAGE.
NOW THEREFORE THE MUNCIPAL COUNCIL OF THE CITY OF MOOSE JAW
ENACTS AS FOLLOWS:
PART 1 - GENERAL
Short Title
1.
This Bylaw may be cited as the Sewer and Water Utility Bylaw.
Definitions
2.
In this Bylaw, in any amending Bylaws, and in any schedules attached hereto, the
following words and terms shall have the following meanings unless there is
something in the subject matter inconsistent therewith:
(a)
the word "City" means the Municipal Corporation of the City of Moose Jaw
or, where the context requires, the geographical area within the city limits of
the City of Moose Jaw;
(a.i)
the term "City Administration Bylaw" means Bylaw No. 5175 of the City of
Moose Jaw, as amended from time to time;
(b)
the term "City Engineer" means the person(s) appointed as the Director of
Engineering Services or the Director of Public Works and Utilities for the
City of Moose Jaw or his/her duly authorized representative or designate;
(c)
deleted in its entirety; (as per Bylaw No. 5262, 2007)
(d)
the term "City Treasurer" means the person appointed as the City Treasurer
for the City of Moose Jaw or his/her duly authorized representative or
designate;
(e)
the word "Consumer" means any person with a service connection to the
City's Water Works or Sanitary Sewer System.;
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(f)
the term "Out-of-City Consumer" means any consumer having a service
connection at a property located outside the boundaries of the City of Moose
Jaw but does not include 15 Wing Moose Jaw or properties located at Bushell
Park;
(f.i)
the term "Policy", including, without limiting the generality of the foregoing,
"Terms and Conditions Policy," "Multiple Estimates Policy," "Remote
Recording Device Variance Policy," "Stopped and Malfunctioning Meter
Policy," and "Water Conservation Policy," means a written policy
implemented by the City in accordance with or in relation to application of
this Bylaw.;
(g)
the term "Sanitary Sewer System" means the system of infrastructure and
other works necessarily incidental to the collection, transmission, treatment
and disposal of sewage or storm drainage;
(h)
the term "Water Works" means the system of infrastructure and other works
necessarily incidental to the supply, collection, treatment, storage and
distribution of water.
(Bylaw No. 5262, 2007; Bylaw No. 5520, 2017; Bylaw No. 5670, 2022)
Public utility established, re: water works and sanitary sewer system
3(1)
A public utility service is hereby established for:
(a)
the supply, collection, treatment, storage and distribution of water within or
immediately adjacent to the City; and
(b)
the collection, transmission, treatment and disposal of sewage or storm
drainage.
(2)
The public utility service referred to in subsection (1) shall be operated in accordance
with the provisions of The Cities Act and the provisions of this Bylaw.
(Bylaw No. 5262, 2007)
Applications for sewer and/or water service
4(1)
Every person desiring to:
(a)
be supplied with water from the City's Water Works;
(b)
discharge sewage or storm drainage into the City's Sanitary Sewer System; shall
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complete and execute an application in the form provided by the City Treasurer;
(2)
Persons applying pursuant to subsection (1) may make application as follows:
(a)
for combined sewer and water service;
(b)
for water-only service; as provided for in this Bylaw;
(3)
The application referred to in subsection (1), when accepted by the City Treasurer,
shall be a contract between the applicant and the City in connection with the discharge
of sewage and/or supply of water. All applicants shall be required to comply with all
sections of the bylaw and the Terms and Conditions Policy.
(Bylaw No. 5520, 2017)
Application fees and deposits, re: sewer and/or water service
5(1)
In addition to the requirements set forth in section 4, at the time of application:
(a)
every person making application for sewer and/or water service shall pay the
connection fee set forth in Part 1 of Schedule "A"; and
(b)
the City Treasurer may require any person making application for sewer and/or
water service to provide a deposit to the City in the amount set forth in Part 1 of
Schedule "A".
(2)
Connection fees paid pursuant to subsection (1) shall be included in the first account
rendered by the City Treasurer in respect of that service connection.
(3)
Deposits required pursuant to subsection (1) shall be released:
(a)
upon termination of the account;
(b)
after two (2) years, if the consumer has maintained his/her sewer and/or water
account in good standing during that period.
(4)
Deposits released pursuant to subsection (3)(a) shall be applied first against any
outstanding sewer and/or water service accounts and the balance, if any, paid to the
holder of the account.
(5)
Deposits released pursuant to subsection (3)(b) shall be credited to the consumer's
sewer and/or water service accounts.
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PART II - WATER WORKS
Fees, rates and charges for water service
6.
All consumers with a service connection to, or any other person receiving water from,
the City's Water Works shall pay the monthly service connection fees, water
consumption fees and other charges calculated pursuant to Part IV of this Bylaw.
Temporary water service
7(1)
Contractors or other persons desiring a temporary supply of water may be granted
such service upon:
(a)
payment of the temporary connection fee set forth in Part 3 of Schedule "A";
(b)
payment of the deposit set forth in Part 3 of Schedule "A"; and
(c)
such other terms and conditions as may be required by the City Treasurer.
(2)
Where the temporary water service is no longer required, the holder of the account
shall notify the City Treasurer requesting that the water supply be turned off or
transferred into the name of another party.
(3)
Deposits provided for water supplied pursuant to this section shall be applied first
against any outstanding sewer and/or water service accounts and the balance, if any,
paid to the holder of the account.
Water-only service
8(1)
Property owners or other persons desiring a water-only service connection may be
granted such service in the following circumstances:
(a)
the property at which such service is to be provided:
(i)
is already serviced with at least one (1) combined water and sewer
service account; or
(ii)
is not located in an area of the City where a service connection to the
City's Sanitary Sewer System is reasonably available; and
(b)
the property owner or consumer, as the case may be, has made adequate
provision to ensure that no water supplied through a water-only service
connection will be discharged or released into the City's Sanitary Sewer System.
(2)
No consumer with a water-only service connection shall allow any water supplied
through a water-only service connection to be discharged into the City's Sanitary Sewer
System.
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(3)
The City Treasurer may discontinue the supply of water to any property from which
any water supplied through a water-only service connection has been discharged or
released into the City's Sanitary Sewer System
(Bylaw No. 5520, 2017)
Water meters required
9(1)
Unless specifically approved for unmetered service by the City Engineer, all water
supplied to consumers from the City's Water Works shall be measured by water meter
supplied and approved by the City Engineer.
(2)
The City Engineer shall determine, in his/her discretion, the appropriate size, type and
location of water meter required for each property.
(3)
Consumers desiring additional service connections, including water-only service
connections, or larger water meters may make application to the City Engineer and, if
approved,
such additional service connections or larger water meters may be installed, with all
costs to be borne by the applicant.
Control and maintenance of water meters
10(1) All water meters installed on private property shall remain:
(a)
the property of the City;
(b)
under the control of the City Engineer.
(2)
No person shall tamper with, alter, remove or disconnect a water meter installed on
private property pursuant to this Bylaw.
(3)
Every property owner or consumer, as the case may be, shall be responsible for:
(a)
ensuring safe, convenient and reasonable as defined in the Terms and
Conditions Policy and Multiple Estimates Policy for City staff to all water
meters installed on private property and the premises in which such meters are
located;
(b)
ensuring that all water meters installed on private property are insulated from
the cold and protected from damage by any cause;
(c)
all costs associated with repairing, testing, replacing and reinstallation of any
water meter which is damaged while installed on private property, save and
except only reasonable wear and tear.
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(4)
The City Treasurer may discontinue the supply of water to any property where:
(a)
a water meter installed on that property has been damaged, altered or
disconnected;
(b)
the property owner or consumer, as the case may be, has refused or failed to:
(i)
provide and maintain safe and convenient access for City staff to any
water meter installed on that property or the premises within which such
meters are located;
(ii)
provide sufficient or adequate protection or insulation for a water meter
installed on that property;
(iii)
pay the cost of repairing, testing, replacing or reinstalling any water
meter which had been damaged, altered or disconnected while installed
on that property.
(c)
a water meter installed on that property fails to meet the requirements prescribed
by the City Engineer.
(Bylaw No. 5520, 2017; Bylaw No. 5670, 2022)
Bypass lines around water meters
11(1)
No person shall install a bypass line around a water meter:
(a)
except with the express written permission of the City Engineer;
(b)
unless a control valve is installed on the bypass line; and
(c)
unless a single use seal is placed on the control value so as to prevent opening
the control valve without breaking the seal.
(2)
No persons shall operate or open the valve on a bypass line except in the case of an
emergency.
(3)
The property owner or consumer, as the case may be, shall promptly notify the City
Engineer upon:
(a)
breaking the seal on a bypass control valve;
(b)
operating or opening a bypass control valve;
(c)
removing a bypass line around a water meter.
(4)
The City Treasurer may discontinue the supply of water to any property where:
(a)
a bypass line has been installed around a water meter at that property contrary to
subsection (1);
(b)
a property owner or consumer, as the case may be, for a property where a
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bypass line has been installed has failed to comply with sections (2) and (3).
Water restrictions under exigent circumstances
12(1) Where, in the opinion of City Council, restrictions on the supply, use or consumption
of water from the City's Water Works are required, the Council may, by resolution,
impose such restrictions on the supply, use or consumption and for such period of time
as may be deemed appropriate. Without limiting the generality of the foregoing, City
Council may restrict consumers residing on property with a civic address having:
(a)
an even number from watering lawns or gardens with water supplied from the
City's Water Works on odd numbered days of the month; and
(b)
an odd number from watering lawns or gardens with water supplied from the
City's Water Works on even numbered days of the month.
(2)
During any period during which City Council has imposed restrictions on the use or
consumption of water pursuant to subsection (1), no person shall use or consume water
contrary to such restrictions.
(3)
The City Treasurer may discontinue the supply of water to any property where a
property owner or consumer, as the case may be, has refused or failed to comply with
the restrictions imposed by City Council pursuant to subsection (1).
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PART III - SANITARY SEWER SYSTEM
Definitions, re: Sanitary Sewer System
13.
In this Part and in any schedules referred to in this Part, the following words and terms
shall have the following meanings unless there is something in the subject matter
inconsistent therewith:
(a)
the term "BOD" means Biochemical Oxygen Demand as measured by a
Standard 5-day Biochemical Oxygen Demand test or a Computerized
Biological Activity Reaction Test;
(b)
the term "Concentrated Waste" means any sewage waste consistently
having a content of BOD greater than 300 PPM or suspended solids greater
than 300 PPM;
(c)
the term "Deleterious Material" means any material or substance, whether
liquid or solid, which in the opinion of the City Engineer, is capable of
causing injury or damage to any portion of the City's Sanitary Sewer System,
including any treatment facilities or processes associated therewith;
(d)
the term "Saturated Waste" means any sewage waste consistently having a
content of BOD greater than 2000 PPM or suspended solids greater than 1100
PPM;
(e)
the term "Prohibited Substance" means a material, substance or waste
identified and set forth in Schedule "B";
(f)
the term "PPM" means parts per million;
(g)
the term "Uncontaminated Waste Water" means water supplied to a
consumer from the City's Water Works and used by the consumer solely for
the purpose of heat transfer prior to being discharged into the City's Sanitary
Sewer System.
Fees, rates and charges for sewer service
14.
Subject to sections 15 and 16, all consumers with a service connection to, or any other
person discharging into, the City's Sanitary Sewer System shall pay the monthly
connection service fees, sewerage fees and other charges calculated pursuant to Part IV
of this Bylaw.
11
Sewerage Rate adjustment for certain commercial or industrial consumers
15(1) Commercial or industrial consumers discharging less than 50% of their water
consumption into the City's Sanitary Sewer System shall not be subject to the
applicable sewerage fees otherwise calculated pursuant to Part 4 of Schedule "A" for
that portion of water not returned to the Sanitary Sewer System if:
(a)
the consumer makes application to the City Treasurer;
(b)
the consumer installs, at his/her expense, a meter to measure the volume of
water not returned; and
(c)
the City Engineer is satisfied that:
(i)
the consumer is discharging less than 50% of their water consumption
into the Sanitary Sewer System;
(ii)
the meter installed by the consumer accurately measures the volume of
water not returned.
(2)
Subject to the provisions of the City Administration Bylaw, the City Treasurer may
enter into an agreement with a commercial or industrial consumer discharging
Uncontaminated Waste Water into the City's Sanitary Sewer System regarding the
payment of sewerage fees at a rate or in an amount other than that provided for in Part
IV of this Bylaw if:
(a)
the consumer installs, at his/her expense, a meter to measure the volume of
Uncontaminated Waste Water discharged into the Sanitary Sewer System; and
the City Engineer is satisfied that:
(i)
the organic and inorganic chemical quality of the Uncontaminated
Waste Water is not greater than 10% of the original concentration of
any such constituents contained in the water supplied from the City's
Water Works;
(ii)
the meter installed by the consumer accurately measures the volume of
Uncontaminated Waste Water discharged into the Sanitary Sewer
System.
(Bylaw No. 5262, 2007)
12
Consumers producing concentrated and saturated sewage waste
16(1) Not less frequently than once in each year, the City Engineer shall determine, or
cause to be determined, by sampling and analysis, the characteristics of the sewage
being discharged into the City's Sanitary Sewer System from each property in the
City which, by reason of the type of industry or business being conducted or operated
thereon, or for other reasons, is likely to produce Concentrated or Saturated Wastes.
(2)
The City Engineer shall:
(a)
maintain a record of each analysis conducted pursuant to subsection (1);
(b)
notify the City Treasurer of every property discharging Concentrated or
Saturated Wastes into the City's Sanitary Sewer System.
(3)
In addition to the applicable sewerage fee otherwise calculated pursuant to Part 4 of
Schedule "A", commercial or industrial consumers discharging Concentrated or
Saturated Waste into the City's Sanitary Sewer System shall pay such additional
charges as may be set forth in Part 5 of Schedule "A".
Prohibited discharges
17(1) No person shall release or discharge any Prohibited Substance into the City's
Sanitary Sewer.
(2)
The City Treasurer may discontinue the supply of water to any property from which:
(a)
any Prohibited Substance has been discharged or released into the City's
Sanitary Sewer System;
(b)
any Deleterious Material has been discharged or released into the City's
Sanitary Sewer System.
Preliminary treatment facilities
18(1) Every commercial and industrial consumer shall install or construct, operate and
maintain such works and facilities as may reasonably be necessary for the
preliminary treatment of all sewage wastes being discharged into the City's Sanitary
Sewer System so as to prevent the release or discharge of the following:
(a)
sewage waste having a content of BOD greater than 2000 PPM or suspended
solids greater than 1100 PPM;
(b)
solids larger than one quarter inch (1/4").
(2)
No person shall fail to construct, install, operate or maintain any preliminary
treatment facilities required pursuant to subsection (1).
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(3)
The City Treasurer may discontinue the supply of water to any property where the
preliminary treatment facilities required pursuant to subsection (1) have not been
constructed or installed or the owner or operator of that facility has failed to
adequately operate or maintain such facilities.
Check value required
19(1) Every property owner or consumer with a service connection to the City's Sanitary
Sewer System shall be responsible for preventing water or sewage from backing-up
through the City's Sanitary Sewer System and flooding the basement or any other
portion of that property.
(2)
Without limiting the generality of subsection (1), every property owner or consumer
shall:
(a)
install, on his/her property, a suitable check valve or other approved
mechanical device:
(i)
by which the connection between such property and the City's
Sanitary Sewer System may be cut off or controlled;
(ii)
capable of preventing water or sewage from backing-up through the
City's Sanitary Sewer System and flooding the basement or any other
portion of that property; and
(b)
maintain and operate the check valve or mechanical device referred in this
section so as to prevent water or sewage from backing-up through the City's
Sanitary Sewer System and flooding the basement or any other portion of that
property.
\
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PART IV - UTILITY BILLING
Fees, rates and charges for sewer and/or water service
20(1) Subject to subsections (5) and (6), all consumers with a service connection to:
(a)
the City's Water Works shall pay the monthly service connection fee calculated
pursuant to Part 2 of Schedule "A" based on the size of such service connection;
(b)
the City's Sanitary Sewer System shall pay the monthly service connection fee
calculated pursuant to Part 4 of Schedule "A" based on the size of such service
connection.
(2)
Subject to subsection (6), all consumers supplied with water through a metered service
connection from the City's Water Works shall pay:
(a)
the water consumption fee calculated pursuant to Part 2 of Schedule "A" based
on the volume of water supplied; and
(b)
subject to subsection (3), the sewerage fee calculated pursuant to Part 4 of
Schedule "A" based on the volume of water supplied.
(3)
Consumers with water-only service connections within the meaning of section 8 shall
not be subject to sewerage fees calculated pursuant to Part 4 of Schedule "A".
(4)
Consumers receiving water from the automated water dispensing devices owned and
operated by the City shall pay the fee set forth in Part 2 of Schedule "A" based on the
volume of water received.
(5)
All facilities owned and operated by the City of Moose Jaw with service connections to
the City's Water Works shall not be subject to the monthly service fees calculated
pursuant to Part 2 or Part 4 of Schedule "A".
(6)
Subject to the provisions of the City Administration Bylaw, the City Treasurer may
enter into an agreement with the operator or person, official or agency in charge of 15
Wing Moose Jaw, including Bushell Park, with respect to the supply of water from the
City's Water Works and/or the discharge of sewage waste into the City's Sanitary
Sewer System with respect to the properties located thereon.
(Bylaw No. 5262, 2007; Bylaw No. 5574, 2019)
Periodic utility billing
21(1) The City shall:
(a)
bill each account for services at such times as the City considers appropriate.
(b)
include on each bill:
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(i)
The base charge for each service;
(ii)
The volume charge;
(iii)
The amount of the actual or estimated consumption on which the
charges were calculated; and
(iv)
Any other charges due and payable by that account;
(2)
Water meters shall be read at the discretion of the City. Where a meter is found not in
use or where no meter is installed, or where a scheduled reading is not obtained, the
City may estimate the consumption used based on the historical consumption of the
account or other information or source available and shall be considered fair and
equitable. Such estimates shall be the basis for billing the customer for the water used.
(3)
All accounts for sewer and/or water service connections shall be due and payable when
rendered by the City Treasurer.
(Bylaw No. 5520, 2017)
Testing of water meters
22(1) Water meters may be removed from private property and tested by the City Engineer:
(a)
if the City Engineer has reasonable grounds to believe the meter is not
accurately measuring the volume of water passing through it; or
(b)
upon the request of a property owner or account holder and payment to the City
Treasurer of a deposit in the amount set forth in Part 6 of Schedule "A".
(2)
Testing of water meters pursuant to subjection (1) shall be performed by, or under the
direction of, the City Engineer.
(3)
If the City Engineer is satisfied that a water meter is measuring the volume of water
passing through it within three percent (3%):
(a)
the meter shall be deemed to be measuring accurately and may be reinstalled;
(b)
the deposit provided, if any, shall be retained by the City and credited to the
cost of removing, testing and re-installing the meter.
(4)
If, in the opinion of the City Engineer, a water meter is not accurately measuring the
volume of water passing through it:
(a)
the City Engineer shall notify the City Treasurer of the error;
(b)
the water meter shall be repaired or a new meter installed;
(c)
the deposit provided, if any, shall be promptly returned or credited to the
account of the applicant;
16
(d)
the City Treasurer may adjust any sewer and/or water service accounts affected
by a malfunctioning meter by adding or deducting such amounts in accordance
with the Stopped and Malfunctioning Meter Policy or the Consumption
Correction Policy such that the account balance(s) will properly represent the
water delivered through said meter during the time, in the opinion of the City
Engineer, the meter began to malfunction.
(Bylaw No. 5262, 2007; Bylaw No. 5520, 2017; Bylaw No. 5670, 2022)
(5)
deleted in its entirety. (As per Bylaw No. 5262, 2007)
(6)
If, in the opinion of the City Treasurer, consumption on a utility account was
incorrectly billed under Section 21(1)(b)(iii) of this bylaw, the City Treasurer shall
ensure the following measures are followed:
(a)
the City Engineer shall determine that the meter from the property is measuring
consumption correctly in accordance with Section 22(1);
(b)
the City Treasurer will confirm the consumption from the meter was incorrectly
billed under Section 21(1)(b)(ii) & (iii);
(c)
the City Treasurer may adjust the services billed to the account under Section
21 by adding or deducting such amounts in accordance with the Billing and
Malfunctioning Meter or Consumption Correction Policies.
(Bylaw No. 5670, 2022)
Water Conservation
22.1 A residential customer that detects a plumbing problem will notify the City Treasurer
immediately. The customer is encouraged to fix the problem as soon as possible and
shall retain any receipts for the repairs and provide copies of the same to the City. The
City Treasurer may adjust sewer and/or water service accounts in accordance with the
Water Conservation Policy.
(Bylaw No. 5520, 2017)
Water meters with remote recording devices
23(1) The City Treasurer shall periodically provide for the inspection and reading of water
meters with remote recording devices.
(2)
In the event of a discrepancy between the volume of water recorded as having been
consumed on an internal recording device of a water meter and the volume of water
17
recorded as having been consumed on a remote recording device:
(a)
the internal recording device shall be deemed to be the correct volume of water
consumed through that service connection;
(b)
the City Treasurer shall adjust any sewer and/or water service accounts affected
by the malfunctioning remote recording device by adding or deducting such
amount or amounts as required in accordance with the Remote Recording
Device Variance Policy.
(Bylaw No. 5520, 2017)
Collection of outstanding sewer and water service accounts
24(1) Section 24 of The Cities Act shall apply to the imposition and collection of all rates,
fees and charges imposed pursuant to the provisions of this bylaw.
(2)
The City Treasurer may provide written notice to each consumer in the event his/her
account for sewer and/or water service is outstanding for more than thirty (30) days.
(3)
In addition to the authority set forth in The Cities Act respecting the collection of rates,
fees and charges payable for public utility services, the City Treasurer may discontinue
the supply of water to any property where the rates, fees or other charges with respect to
any sewer and/or water service connection remains outstanding for more than thirty (30)
days from the date on which the notice referred to in subsection (2) was mailed or
delivered to the consumer and his/her agent.
(Bylaw No. 5262, 2007; Bylaw No. 5621, 2020)
Additional charges, re: sewer and water service connections
25(1) The City Treasurer shall charge interest at the compound rate of one percent (1%) per
month for all sewer and/or water service accounts which have been outstanding for
more than thirty (30) days, except during the period April 1, 2020 to September 30,
2020 for the purpose of COVID19 relief.
(2)
In the event water service has been discontinued by the City Treasurer pursuant to the
authority of this Bylaw, such water service may be reinstated upon:
(a)
in the case of a contravention of this Bylaw, the City Engineer being satisfied
that the matter giving rise to the contravention has been rectified;
(b)
in the case of non-payment of an outstanding sewer and/or water service
account, payment to the City Treasurer of all outstanding rates, fees and other
18
charges, including interest charges or payment arrangements authorized by the City
Treasurer or their designated representative thereon;
(c)
payment of the reinstatement fee set forth in Part 7 of Schedule "A" be waived for
the period April 1, 2020 to September 30, 2020.
(Bylaw No. 5621, 2020)
(3)
In the event water service is temporarily discontinued at the request of a consumer,
such water service may be reinstated upon payment of the re-instatement fee set forth in
Part 7 of Schedule "A".
(4)
In addition to the fees referred to in subsections (2)(c) and (3), a call-out set fee in the
amount set forth in Part 7 of Schedule "A" shall be paid where a consumer requests
reinstatement of water service requiring attendance at the property after regular working
hours.
(5)
Where a cheque which has been tendered by a consumer in payment of a sewer and/or
water service account is returned by a financial institution as not being negotiable, a
handling charge shall be added to the account as determined by the City Treasurer.
(6)
The additional charges provided for in this section shall be added to and form part of
the service account.
(Bylaw No. 5520, 2017)
19
PART V - SEWER AND WATER SERVICE CONNECTIONS
Definitions
26.
deleted in its entirety (as per Bylaw No. 5752, 2026)
26(1) In this Part:
(a)
The term "New Service Connection" means a water or Sewer Service Connection to a
parcel of land where that Service Connection did not previously exist;
(b)
the term "Owner" shall mean the person appearing by the last revised assessment roll of
the City to be the owner of the property;
(c)
the term "Service Connection" means a Water Service Connection, a Sewer Service
Connection, or a Water Service Connection and a Sewer Service Connection;
(d)
the term "Sewer Service Connection" means a connection from a sewer main line of the
Sanitary Sewer System and a building on a private property; and
(e)
the term "Water Service Connection" means a connection from a water main line of the
City's Water Works and a building on a private property.
(Bylaw No. 5752, 2026)
Ownership: sewer and water service connection
26.1
Sewer and water service connection ownership is defined as follows:
(a)
The City owns the water service connection from the water main to the
property line;
(b)
The property Owner owns the water service connection from the property line
to the building and the sewer connection from the sewer main to the building.
(Bylaw No. 5564, 2019)
General
27.
deleted in its entirety (as per Bylaw No. 5752, 2026)
27(1) The purpose of this Part V of the Bylaw is to establish conditions and procedures for
the construction, installation, repair and replacement of Service Connections.
28(1) The City Engineer may establish specifications governing the construction, installation
and repair of Service Connections.
(2)
Every Service Connection must be constructed, installed and repaired in accordance with
such specifications.
29(1) No person other than a contractor licensed under this Bylaw may undertake any Service
20
Connection work, including the construction, installation, maintenance, repair or
replacement of a Service Connection.
30(1) No person shall construct or make any connection to any portion of the City's Water
Works or Sanitary Sewer System without first having obtained express written
permission from the City Engineer to do so.
(Bylaw No. 5752, 2026)
30.1
deleted in its entirety (as per Bylaw No. 5752, 2026)
30.2
deleted in its entirety (as per Bylaw No. 5752, 2026)
31(1) No person shall discharge storm drainage into the City's Sanitary Sewer System without
first having obtained express written permission from the City Engineer to do so.
(Bylaw No. 5752, 2026)
Section 32 - deleted in its entirety (as per Bylaw No. 5636, 2021)
Service Connection Required
32.1(1) Every property abutting a street along which water mains have been laid or are
reasonably available shall be connected to the City's Water Works.
(2)
Every property abutting a street along which sewer mains have been laid or are
reasonably available shall be connected to, and shall discharge all sewage waste into, the
City's Sanitary Sewer System.
(3)
No person may construct or replace a Service Connection without a licence from the City
under this Bylaw.
(4)
Every Owner desiring a New Service Connection replacement of an existing Service
Connection shall:
(a)
complete and execute an application in the form provided by the City Engineer;
and
(b)
pay the application fees as prescribed in Part 8 of Schedule "A" of this bylaw.
(5)
If a person applies to replace a Sewer Service Connection or Water Service
Connection, and that connection is located in close proximity to another Sewer Service
Connection or Water Service Connection to that same parcel, both Service
Connections must be replaced.
(Bylaw No. 5752, 2026)
21
Responsibility for Service Connections
33(1) The general rules provided in sections 19 and 22 of The Cities Act regarding
responsibility for Service Connections and the associated costs shall apply except
where otherwise specifically recognized in this Section 33 of the Bylaw.
(2)
An Owner is responsible to construct and pay for the cost of a New Service
Connection from the water main and sewer main, respectively, to the property line or
new building on the Owner's parcel of land.
(3)
An Owner is responsible for the maintenance of a Sewer Service Connection from
the building on their parcel of land to the City's sewer main.
(4)
An Owner is responsible for the maintenance of a Water Service Connection that is
under their parcel of land.
(5)
Where there are existing Service Connections to a parcel of land:
(a)
When the lines of an existing Service Connection located on an Owner's
parcel of land fail, it shall be the Owner's responsibility to repair or replace
the portion of the Service Connection from the building to the property line
and the Owner is responsible for the cost of the same;
(b)
When the lines of an existing Service Connection located on the City right-of-
way fail, as a condition of receiving water and sewer services under this
Bylaw;
i.
it shall be the adjoining Owner's responsibility to repair or replace the
Service Connection to the boundary of the property line; and
ii.
subject to subsection 5(c), the adjoining Owner shall be responsible for
the cost of this work.
(c)
The City shall reimburse the Owner for the capital costs of the construction of
a Water Service Connection from a water main line of the City's Water
Works to the property line of the relevant property. However, such
reimbursement shall be:
i.
limited to the amount calculated by the City in accordance with the
unit costs prescribed in the City's Uniform Rates Bylaw, and its
22
amendments; and
ii.
paid directly to the contractor engaged by the Owner.
(Bylaw No. 5752, 2026)
Licensed Contractors
34(1) No person shall carry on business as a Sewer and Water Service Connection contractor in
the City without first obtaining a sewer and water license from the City Engineer.
(2)
An application for such license:
(a)
shall be made to the City Engineer in such manner and on such forms as the City
Engineer may prescribe from time to time; and
(b)
shall include the application fee as prescribed in Part 9 of Schedule "A" of this
bylaw.
(3)
An applicant shall supply the City Engineer with all information as may be required by
the City Engineer at the City Engineer's sole discretion.
(4)
Without limiting the generality of subsection (3), any applicant shall provide:
(a)
evidence of compliance with The Workers' Compensation Act, 2013, including
payments due thereunder; and
(b)
evidence of public liability insurance including public liability and property
damage for each accident in the amount of $5,000,000.00 and vehicle liability and
property damage for each accident in the amount of $5,000,000.00.
(5)
No person shall provide false or misleading information in an application submitted
pursuant to subsection (2).
(6)
Where any contractor is not qualified or deemed unsuitable to undertake Sewer and Water
Service Connection work by the City Engineer, the City Engineer may, in the City
Engineer's sole discretion, refuse to issue a license.
(7)
The City Engineer may issue a license upon such terms and conditions as the City
Engineer considers appropriate, including the obligation to maintain and comply with
subsection (4) for the duration of the term of the license.
(8)
Without limiting any other provision of this Bylaw, the City Engineer may suspend or
cancel a license granted under this Bylaw if:
(a)
the applicant has failed to comply with any provision of this Bylaw;
(b)
the applicant has provided false or misleading information in the application; or
23
(c)
the applicant has failed to comply with any condition of a license under this
Bylaw.
(9)
Licenses shall be issued for a period of no more than five years.
(10)
No person shall assign or transfer a license issued under this Bylaw.
(11)
Nothing in this Bylaw relieves any person from obtaining a City of Moose Jaw business
license.
(Bylaw No. 5752, 2026)
No Right of Appeal
34.1(1) There is no right of appeal with respect to:
(a)
any condition of a license imposed by the City Engineer pursuant to
subsection 34(7);
(b)
the suspension, period of suspension or cancellation of a license imposed by
the City Engineer pursuant to subsection 34(8); or
(c)
a refusal to issue or renew a license.
(Bylaw No. 5752, 2026)
Inspection
35(1) A licensed contractor shall complete all Sewer and Water Service Connection work
in accordance with any plans or drawings approved by the City Engineer and shall
allow the City Engineer to inspect the work at any stage of construction.
(2)
A licensed contractor shall notify the City Engineer when a Service Connection is
ready for inspection.
(3)
No person shall cover any Service Connection work until it has been inspected and
approved by the City Engineer.
(4)
The City Treasurer may discontinue the supply of water to any property where the
trench or excavation containing the Service Connection was closed in prior to
inspection by the City Engineer.
(Bylaw No. 5752, 2026)
24
Financing Cost Option for Service Connections
35.1(1) Subject to subsections (2) and (3), an Owner may elect to pay the cost of a Service
Connection, where the Service Connection is being replaced pursuant to the
replacement of the adjoining water or sewer main, by annual installments and
such costs may be assessed against the affected property as a special assessment
within the meaning of The Local Improvements Act,1993, S.S. 1993.
(2) Owners electing to pay the said assessment by annual installments must do
so in writing to the City Treasurer on or before November 15 in the year in
which such works are completed.
(3) An Owner in arrears of property taxes to the extent that a tax lien has been registered
against the affected property shall not be entitled to pay the assessment by annual
installments.
(4) Where an assessment is to be paid by annual installments:
(a)
a sum equal to the annual installment due in a year shall be added to and form
part of the taxes on the affected property in the year following the year in
which the construction is completed and in each year thereafter for a number
of years equal to the number of annual installments; and
(b)
the sum shall be an amount equal to a fraction of the assessment wherein the
numerator shall be equal to one (1) and the denominator shall be equal to the
number of annual installments plus an interest charge equal to seven percent
(7%) of the sum outstanding as of December 31 in the previous year.
(Bylaw No. 5752, 2026)
25
PART VI - MISCELLANEOUS
Notices of violation
36(1) Where a person commits or is alleged to have committed an offence for which a
penalty is set out in Schedule "D" of this Bylaw, a peace officer or any other
person authorized by the City Engineer to do so may issue a Notice of Violation
to such person.
(2)
The Notice of Violation shall be in the form or substantially in the form of Form
"1" and shall provide for the voluntary payment of a penalty in the amount set
forth in Column B of Schedule "D" for the offence which the person is alleged
to have committed.
(3)
Voluntary payment of a penalty specified in a Notice of Violation shall be made
on or before the date indicated on the Notice of Violation. Voluntary payment
shall be made in person at the front counter of the Finance Department at City
Hall during normal business hours.
(4)
If payment of the amount specified on the Notice of Violation is made on or
before the date indicated on the Notice of Violation, the person alleged to have
committed the offence shall not be liable to prosecution for the offence
indicated.
(5)
If payment of the amount specified on the Notice of Violation is not made on or
before the date indicated on the Notice of Violation, a peace officer or other
authorized person shall lay an information under oath as to the offence before a
Justice of the Peace for the purpose of obtaining a Summons.
(6)
The Information shall be in the form or substantially in the form of Form 2. The
Summons shall be in the form or substantially in the form of Form 3 and shall
provide for the voluntary payment of a penalty in the amount set forth in
Column A of Schedule "D" for the offence which the person is alleged to have
committed. The Summons shall be issued by a Justice of the Peace and shall be
served by a peace officer or other authorized person.
(7)
Voluntary payment of a penalty specified in a Summons shall be made on or
before the date indicated on the Summons. Voluntary payment shall be made in
person at the front counter of the Moose Jaw Police Service at the Moose Jaw
Police Station during normal business hours.
26
(8)
If payment of the amount specified on the Summons is made on or before the
date indicated on the Summons, the person alleged to have committed the
offence shall not be liable to prosecution for the offence indicated.
(9)
If payment of the amount specified on the Summons is not made on or before
the date indicated on the Summons, the person to whom the Summons has been
issued shall be liable to prosecution for the alleged contravention of the Bylaw.
(Bylaw No. 5262, 2007)
Bylaws Repealed
37.
Bylaw Nos. 4293, 4354, 4668, 4902, 5072, 5078 and 5090 are repealed.
(sgd.) "Al Schwinghamer"
MAYOR
(Seal)
(sgd.) "Steven D. Schiefner"
CITY CLERK
READ a first time the 14th day of January, A.D. 2002
READ a second time the 14th day of January, A.D. 2002
READ a third time the 14th day of January, A.D. 2002
Schedule "A"
Bylaw No. 5152, Sewer and Water Utility Bylaw
(As Amended by Bylaw No. 5759, 2026)
1.
Application fees and deposits, re sewer and /or water service:
1.1
Connection Fee - Sewer and /or Water Service:
$ 45.00
1.2
Deposit - Sewer and/or Water Service
$250.00
2._____Fees, rates and charges for water service:
2.1
Consumers with a service connection to the City's Water Work shall pay a monthly
water service connection fee calculated as follows:
(a)
Commencing January 1, 2026:
Meter Size
Monthly Service Fee:
15 - 20 mm
$
40.85
21 - 30 mm
$
61.29
31 - 40 mm
$ 122.55
41 - 50 mm
$ 204.30
51 - 75 mm
$ 408.60
76 - 100 mm
$ 817.24
101 - 150 mm
$ 2,451.61
151 - 200 mm
$ 3,268.80
Greater than 200mm
$ 4,903.23
2.2
Consumers supplied with water through a metered service connection from the
City's Water Works, other than Out-of-City Consumers, shall pay the fee calculated
as follows for all water supplied through that service connection:
Per cubic meter
of water consumed
(a)
Commencing January 1, 2026
$1.7150
2.3
Out-of-City consumers with a service connection to the City's Water Works,
excluding consumers at 2.4 and 2.6, shall pay the fee calculated as follows for all
water supplied through that service connection:
Per cubic meter
of water consumed
(a)
Commencing January 1, 2026
$ 3.8587
2.4
Canadian Forces Base Moose Jaw, known as 15 Wing, with a service connection
to the City Water Works, shall pay the fee calculated as follows for all water
supplied through that service connection:
Per cubic meter
of water consumed
(a)
Commencing January 1, 2026
$ 2.5726
2.5
Consumers receiving water from the City's water dispensing devices shall pay
the fee calculated as follows for all water supplied through such devices:
Per cubic meter
of water consumed
(a)
Commencing January 1, 2026
$4.9852
2.6
Caron/Mortlach Regional Public Utility Board, with a service connection to the City
Water Works, shall pay the fee calculated as follows for all water supplied through that
service connection:
Per cubic meter
of water consumed
(a)
Commencing January 1, 2026
$3.2156
3.____Temporary water service
3.1
Connection Fee - Temporary Water Service:
$100.00
3.2
Deposit - Temporary Water Service:
$300.00
4._____Fees, rates and charges for sewer service
4.1
Consumers with a service connection to the City's Sanitary Sewer System shall pay
a monthly service connection fee calculated as follows:
(a)
Commencing January 1, 2026:
Meter Size
Monthly Service Fee:
15 - 20 mm
$
22.13
21 - 30 mm
$
33.23
31 - 40 mm
$
66.42
41 - 50 mm
$ 110.75
51 - 75 mm
$ 221.38
76 - 100 mm
$ 442.80
101 - 150 mm
$ 1,328.30
151 - 200 mm
$ 1,771.09
Greater than 200mm
$ 2,656.62
4.2
Consumers supplied with water through a metered water service connection
from the City's Water Works other than Out-of-City Consumers, shall pay
sewage fees calculated as follows for all water supplied through that service
connection:
Per cubic meter
of water consumed
(a)
Commencing January 1, 2026
$1.7737
4.3
Commencing June 1, 2022, the Moose Jaw Plant of the Saskatchewan Power Corporation
shall be billed for sewage fees at a rate of 15% of the water supplied to them through a
metered water service connection from the City's Water Works while they directly deposit
effluent to the wastewater lagoons at the City of Moose Jaw Wastewater Treatment Plant.
5._____Concentrated and Saturated Sewage Waste
5.1
Surcharge for discharging concentrated sewage waste:
NIL
5.2
Surcharge for discharging saturated sewage waste:
NIL
6._____Testing of water meters
6.1
Deposit - Water Meter Testing:
$50.00
7._____Additional Charges, Sewer and Water Connection
7.1
Reinstatement /Disconnect Fee
$40.00
7.2
Call-out Fee for attendance after regular working hours
$85.00
8.
Service Connection License Application Fee
8.1
An application for the construction or replacement of a Service Connection from the
water meter and/or building on the property being serviced to the City's water main
and/or sewer main:
$750.00
8.2
An application for the construction of a New Service Connection limited to privately
owned lands:
$350.00
9.
Licensed Contractor Fee
9.1
Application Fee:
$100.00
SCHEDULE "B"
Bylaw No. 5152, The Sewer and Water Utility Bylaw
Schedule of Prohibited Waste
1.
Any substance designated as a "hazardous substances" within the meaning of
The Hazardous Substances and Waste Dangerous Goods Regulations, R.R.S.,
c.E-10.2 Reg 3.
2.
Sewage waste having a content of BOD greater than 2500 PPM or suspended
solids greater than 1500 PPM.
3.
Used or discarded oil.
4.
Petroleum or petroleum-contaminated waste.
5.
Gasoline or other combustible liquids.
6.
Radioactive substances.
7.
Contaminated medical waste.
SCHEDULE "C"
Deleted in its entirety (as per Bylaw No. 5752, 2026)
SCHEDULE "D"
Bylaw No. 5152, The Sewer and Water Utility Bylaw
Offences for which a Notice of Violation May be Issued
Section #
Description of Offence
Column "A" Column "B"
10(2)
Tampering with, altering, removing or
disconnecting a water meter
$250.00
$100.00
11(1)
Installing a bypass valve around a water
meter contrary to bylaw
$250.00
$100.00
12(2)
Usage or consumption of water contrary
to water restrictions imposed by City
Council
$100.00
$50.00
17(1)
Discharge or release of prohibited substances
into the City's sanitary sewer system
$500.00
$250.00
18(2)
Failing to construct, install, maintain or
operate required preliminary treatment
facilities for sewage waste
$250.00
$100.00
27.
Making a water or sewer service connection
without authorization.
$250.00
$100.00
FORM "1"
Bylaw No. 5152, the Sewer and Water Utility Bylaw
(as amended by Bylaw No. 5262, 2007)
Notice of Violation (Front)
FORM "1", continued
Bylaw No. 5152, the Sewer and Water Utility Bylaw
(as amended by Bylaw No. 5262, 2007)
Notice of Violation (Back)
3
INFORMATION
Information No.
Ticket No.
Canada
Province of Saskatchewan
Provincial Court, City of Moose Jaw
}
} ON BEHALF OF HER MAJESTY THE QUEEN
}
THIS IS THE INFORMATION OF
[insert name, address and occupation of informant]
(hereinafter called the Informant). The informant says that he/she has reasonable and probable grounds to
believe and does believe that:
[insert name, address and birth date of accused] did;
on or about the
day of
, A.D.
at the City of Moose Jaw, in the Province of
Saskatchewan, commit the following offence:
[insert description of offence]
contrary to the provisions of the Sewer and Water Utility bylaw being Bylaw No. 5152 of the said City.
AND FURTHER the Informant says that a Notice of Violation for the above captioned offence was issued and that no
payment has been received in accordance with the instructions contained in the said Notice.
SWORN BEFORE ME this
day of
A.D.
, at Moose
Jaw in the Province of Saskatchewan.
Signature of Informant
A JUSTICE OF THE PEACE IN AND FOR THE
PROVINCE OF SASKATCHEWAN
FORM "2"
Bylaw No. 5152, the Sewer and Water Utility Bylaw
(as amended by Bylaw No. 5262, 2007)
Information
SUMMONS TO A PERSON
CHARGED WITH A VIOLATION
Ticket No.
Canada
Province of Saskatchewan
Provincial Court, City of Moose Jaw
}
} ON BEHALF OF HER MAJESTY THE QUEEN
}
TO
Date of Birth:
/
/
WHEREAS YOU HAVE THIS DAY BEEN CHARGED BEFORE ME that, on or about the
day of
, A.D.
at the City of Moose Jaw, in the Province of Saskatchewan, you did commit the
following offence:
contrary to the provisions of the Sewer and Water Utility Bylaw, being Bylaw No. 5152 of the said City.
AND WHEREAS a Notice of Violation for the above captioned offence was issued and our records indicate that no payment
has been received in accordance with the instructions contained in the said Notice.
IF VOLUNTARY PAYMENT IN THE AMOUNT OF
IS NOT RECEIVED ON OR
BEFORE
, YOU ARE COMMANDED, IN HER MAJESTY'S NAME:
(1)
to appear before the presiding judge of The Provincial Court of Saskatchewan at 110 Ominica Street West,
Moose Jaw, Saskatchewan, on the
day of
A.D.
at
o'clock
in the
noon (Moose Jaw Time) or before any justice for the said Province who is there, and to attend
thereafter as required by the Court in order to be dealt with according to law; and
YOU ARE WARNED THAT FAILURE WITHOUT LAWFUL EXCUSE TO ATTEND COURT IN ACCORDANCE
WITH THIS SUMMONS IS AN OFFENCE UNDER SUBSECTION 145(4) OF THE CRIMINAL CODE (CANADA).
DATED this
day of
A.D.
, at Moose Jaw in the
Province of Saskatchewan.
A JUSTICE OF THE PEACE IN AND FOR THE
PROVINCE OF SASKATCHEWAN
SUBMIT THIS STUB WITH PAYMENT
Payment Instructions on the Back
Ticket No.
Payment to:
The City of Moose Jaw c/o The Moose Jaw Police Service
21 Fairford Street W.
Moose Jaw, Saskatchewan, S6H 1V2
FORM "3"
Bylaw No. 5152, the Sewer and Water Utility Bylaw
(as amended by Bylaw No. 5262, 2007)
Modified Criminal Code Summons (Front)
FORM "3", continued
Bylaw No. 5152, the Sewer and Water Utility Bylaw
(as amended by Bylaw No. 5262, 2007)
Modified Criminal Code Summons (Back)
SUMMONS TO A PERSON
CHARGED WITH A VIOLATION
PAYMENT AND OTHER INSTRUCTIONS
1.
Payment may be made in person at the front counter of the Moose Jaw Police
Station, 21 Fairford Street West, during normal business hours.
2.
Payment may also be made by mailing this Summons, together with the exact
amount of the penalty specified therein for voluntary payment, to the following
address:
The City of Moose Jaw, c/o
The Moose Jaw Police Service
21 Fairford Street West
Moose Jaw, Saskatchewan
S6H 1V2.
3.
Payment must be received prior to the date specified in the summons.
Voluntary payment can not, and will not, be accepted after the date specified
for voluntary payment. If you choose to send your payment by mail, it is your
responsibility to ensure that your payment is posted in sufficient time to be
received prior to the date specified.
4.
Avoid prosecution by paying promptly. If payment is not received by the City
of Moose Jaw in accordance with the instructions contained herein, a
mandatory court appearance is required at the time and place specified herein.
5.
You are warned that failure, without lawful excuse, to attend court in
accordance with this summons is an offence under subsection 145(4) of the
Criminal Code (Canada), which provides as follows:
"(4) Every one who is served with a summons and who fails ,without lawful
excuse, the proof of which lies on him, to appear at a time and place
stated therein, if any, for the purposes of the Identification of Criminals
Act (Canada) or to attend Court in accordance therewith, is guilty of:
(a)
an indictable offence and is liable to imprisonment for a term
not exceeding two years; or
(b)
an offence punishable on summary conviction."
6.
For enquiries, please contact the Moose Jaw Police Service at 694-7660.