The Town of Pilot Butte - v. -, 2015 SKPC 142

IN THE PROVINCIAL COURT OF SASKATCHEWAN CIVIL DIVISION Citation: 201 5 SKPC 142 Date: October 5, 2015 File: 116, 117, 118 and 119/15 Location: Regina, Saskatchewan _____________________________________________________________________________ Between: The Town of Pilot Butte - and - Ruth Gerein, Donald James Miller, Wayne John Blattner and Leslie George Treso and Karen Ann Treso Andrea Johnson For the Plaintiff Ruth Gerein All Defendants Self-Represented Donald James Miller Wayne John Blattner Leslie George Treso and Karen Ann Treso JUDGMENT P. DEMONG, J Introduction

[ 1 ] The Town of Pilot Butte is a municipality as that term is defined under The Municipalities Act , SS 2005, c M-36.1. Sometime after 2006, the town started work on, and completed a water project that would allow it to provide water to the properties located in the Town of Pilot Butte. In 2013 and 2014, it passed bylaws which required all property owners resident in the town to connect to the town’s water system. The bylaws also made it mandatory that only town water could be used inside the premises of any given property.

The bylaws further established certain fines or penalties that could be imposed on property owners who chose not to comply with the bylaws. [ 2 ] On or about March 13, 2015, the town commenced several civil actions against certain property owners who had not complied with the bylaw. Each action sought the sum of $100.00 together with the further per diem sum of $2.50 for each day that a defendant was not in compliance with the bylaws. [ 3 ] All of these actions were set down for First Appearance. Numerous defendants failed to appear and default judgment was entered against them.

Five defendants did appear and indicated that they disputed the claims made against them. Because all of these actions had common questions of law and fact, these actions were consolidated and the matters were set down for trial commencing September 22 and 23, 2015. [ 4 ] On the return date of the trial, the town advised that they had settled with the defendant Ruth Gerein. It sought, and was granted, the right to withdraw that claim. In addition, one of the defendants, William Blattner failed to attend at the trial. The town sought, and was granted, default judgment against him in the sum of $985.00.

The town was also awarded costs in the sum of $20.00. The town waived its claim for pre-judgement interest. [ 5 ] The trial proceeded against the remaining three defendants, Donald Miller and Leslie and Karen Treso. [ 6 ] Mr. Miller’s dispute is founded on his perception that the bylaw is unfair. He suggests that the town failed to provide town residents adequate information regarding the water project. He feels that he should not be compelled to incur the costs of using the town water, but rather, that he should have the right to draw water from his own well, something which he has done for a number of years.

He also alleged that he had not received notice of his violation of the bylaw, and therefore should not be bound by the penalty provisions set forth in the bylaw. [ 7 ] Leslie and Karen Treso’s primary defence can best be characterized as a pseudolegal commercial argument as that phrase is generally characterized by courts across this country. The Tresos feel that in the absence of a specific contract between the town and themselves, they have no obligation to comply with the bylaws duly passed by a municipality. They further contend that the town water may have contaminants and may be unsuitable for use.

They also allege that they did not receive a Notice of Violation from the town and therefore they should not be bound by the penalty provisions of the bylaw. [ 8 ] The Tresos also filed a counterclaim in this action. I say filed, but in actuality it was simply submitted in a pile of documents provided to the Court, and only discovered by the Court toward the end of the trial. It had not been served on the plaintiff, nor had the Tresos paid the prescribed fee for filing of the counterclaim as required by

section 14 of The Small Claims Act, 1997 . The counterclaim was dismissed at trial without prejudice to the Treso’s future right to bring an independent action against the town at a future date if so desired. Evidence and Analysis [ 9 ] Most of the essential facts are not in dispute. Those that were disputed, do not, in my view, have any tenable basis for dispute. [ 10 ] The Town of Pilot Butte is a municipality as that term is defined in The Municipalities Act , SS 2005 c M-36.1. As such it has the jurisdiction to pass bylaws. That jurisdiction is found in

section 8 of the Act . Section 8(1)(

i) grants a municipality the general power to make bylaws for services provided by or on behalf of the municipality, including establishing fees for providing these services. Section 8(2) of the Act grants to a municipality the power to make bylaws respecting the enforcement of bylaws made pursuant to the Act , including the creation of offences and continuing offences, and the imposition of penalties and fines arising from those offences.

[ 11 ] Sometime after 2006, the town concluded that it would develop a central water project (Water Public Utility) which was ultimately completed in 2012-2013. This development arose because of a variety of concerns. Prior to the development, residents of the town drew water from private wells located on their respective properties. The town was concerned that some of the private wells were unsafe. The town was concerned that as the town grew, this utility would become a necessity.

There were other considerations, but it is unnecessary to list them all. [ 12 ] In contemplation of the town’s use of the water utility, the town passed Bylaw 9-2012 on or about July 23, 2012. A certified true and correct copy of that bylaw was filed as an exhibit at trial. It states in part: 3

a) A public utility service connection shall be installed at or near the boundary on all parcels of land with a residential, commercial or residential multi-family building. 4

a) The owner of a parcel of land with a residential, commercial or residential multi-family building shall connect to the public utility shall use the public utility for all inside water and wastewater use; and shall be responsible for the costs related to, and the construction, maintenance, repair, and replacement of a public utility service connection located above, on or under the parcel from the boundary of the parcel of land to the residential or commercial building, unless otherwise determined by the Municipality. [ 13 ] On May 12, 2014, the town passed Bylaw 7-2014, a certified true and correct copy of which was also filed as an exhibit at trial.

The entirety of that bylaw is appended to this judgment as

Schedule A and is incorporated by reference into this judgment. It reiterates the requirements set forth above, and in addition sets forth the steps the town can take to enforce the bylaw. It allows the municipality to make certain written orders to owners of residential property to comply with and/or remedy any contravention of the bylaw. It makes it an offence to fail to comply with the bylaw and imposes a fine of $100.00 together with a per diem charge of $2.50 for each day that a non-compliant person fails to comply with the bylaw.

It authorizes and directs the town to serve a ‘Notice of Violation’ on those persons who fail to comply. In addition, it authorizes the town to commence a civil action for debt in a court of competent jurisdiction to collect these charges in reliance on

section 368 of The Municipalities Act which reads: 368(1) Except as provided in this or any other enactment, an amount owing to a municipality may be collected by civil action for debt in a court of competent jurisdiction. [ 14 ] Mr. Miller is the owner and resident of a property located in the town. He has installed the pipes required for his property to be serviced by the public utility but refused and continues to refuse to allow the public utility connection to be turned on so that he can use the water supplied by the public utility. Leslie and Karen Treso also are property owners and reside in the town.

They have, likewise, installed the pipelines to the utility but refuse to allow the town to connect them to the utility. [ 15 ] On or about the 12 th day of August 2014, each of Mr. Miller and Leslie and Karen Treso received a letter from the town advising them that the water utility was operational as at June of 2013 and that the deadline for connection was March 31, 2014. Each were advised that their property was not connected to the utility.

Each of them were advised that if they did not hook up to the utility by September 15, 2014, a Notice of Violation would be issued, and that a payment of $100.00 and a per diem of $2.50 would be charged until the connection was made. Mr. Miller and Leslie and Karen Treso did not comply. [ 16 ] The Tresos had responded to the August 12, 2014 letter in writing on September 9.

Their letter indicated that they would happily connect to the utility if the town would agree with the Treso’s definition of the word “bylaw” and if the town sent them “a legal, two or three party contract between themselves and the Town of Pilot Butte that supports your NOTICES in question”. The letter went on to advise that failure to comply with these conditions would somehow make the notices void and any attempt to pursue the issue would be deemed harassment thereby invoking a fee

schedule of $10,000.00 for the first harassment and $2,500.00 for each day that the harassment continued. The town, in my view, rightfully ignored the conditions and the proposed fee schedule. [ 17 ] On or about September 19 of 2014, each of Mr. Miller and the Tresos were sent Notices of Violation by registered mail. The notices advised each of them that because they were in breach of the bylaw, they would be required to remit $100.00 together with the further per diem sum of $2.50 until they complied. Each of Mr. Miller and the Tresos originally suggested that they did not receive these Notices of Violation.

At trial Mr. Miller conceded that, in fact, he had received his. The Tresos maintain that because they actively refused to accept the registered mail, that they had not been served. I disagree. Section 390(1) and (2) of The Municipalities Act authorizes municipalities to serve documents by registered mail and that service is deemed to have been received within 10 days of mailing. I am satisfied that the Treso’s were aware of the contents of the letter when they actively refused its receipt. In my view, shared

by the Ontario Court of Justice in City of Mississauga v Aregers, 2013 ONCJ 269, the purpose of the deeming provision in the Act is toprevent the deliberate or intentional attempt by persons like the Tresos from refusing to accept delivery of municipal documents. [18] Absent any viable defence to the claims, I am satisfied that the plaintiff has proven its case. The town is a municipality and has thegeneral power to make bylaws regarding the creation of a water utility. It has the general power to compel the residents and propertyowners in the municipality to comply with those bylaws.

It has the general power to enforce compliance by way of fine or charge. Itpassed bylaws which had each of those intended effects. Mr. Miller and the Tresos were non-complaint notwithstanding that they weremade aware of their municipal obligations. Each were duly served with a Notice of Violation and ignored it. The town, acting pursuant tothe authority of The Municipalities Act, brought action to this Court. This Court has jurisdiction to consider actions founded in debt. It is,in my view, a Court of competent jurisdiction within the meaning of

section 368 of the Act. [19] As stated, I find that each of Mr. Miller and the Tresos had received the Notice of Violation. Therefore, each of their defencespredicated on lack of notice fails. [20] With the greatest of respect to Mr. Miller, his feeling that the town did not engage the residents to the extent it could have whenpassing its bylaws is not a defence to the town’s lawsuit.

Similarly, and while I have some sympathy for a person who feels that hedoesn’t require the town water because he has a perfectly good well, and therefore a hook-up is an unnecessary expense; his concernabout the viability of the process undertaken by the town is not a viable defence. Mr. Miller is aware that this Court does not have thejurisdiction to quash a municipal bylaw. That power rests with the Court of Queen’s Bench.

It was open to him at any time before thistrial to bring an application to the Queen’s Bench for that purpose and arguably succeed in setting aside the bylaws in question, but hehas not done so. As a result, I find in the town’s favour in relation to its action against Mr. Miller and award it the sum of $985.00together with costs in the sum of $20.00. [21] Mr. and Mrs. Treso have defended the action on four grounds. First, they allege that they did not receive the original Notice ofViolation.

I am satisfied that they did, or were fully aware of it and chose to ignore it, or that in law they are deemed to have received it. [22] Second, they allege that the town water is or may be unsuitable for use in their home. They have advanced no evidence in supportthereof, and not only is it speculation, the town has given evidence confirming that it meets the standards demanded by the requisitegovernment authorities in Saskatchewan. [23] Third, they allege that the town’s earlier bylaw, described as Bylaw 12-2013

Article 3 grants to them the option of not hooking up tothe utility. That provision reads: 3. Persons desiring to be supplied with water or sewer service from the municipal system must make application to the Administrator ofthe Town. With due respect, I disagree. This earlier provision does compel a person who wants to hook up to the system to make application to thetown. The town administrator has indicated to the Court that this was put into place to ensure that new builders and residents make theappropriate application for a hook-up.

The mere fact that an application must be made does not preclude the obligation of all residents tohook up pursuant to Bylaw 7-2014. [24] Finally, the Tresos have attempted to hang their hats on what I have previously described as a pseudolegal commercial argument.Persons who advocate this line of argument are known in the courts as “OPCA litigants”. In various forms and by various names, theyemploy a variety of techniques and arguments ostensibly promoted and sold to them by likeminded people to frustrate the legal rights ofgovernments, corporations and individuals. Mr.

Treso presents in Court as an erstwhile and articulate individual. Unfortunately, hisargument, which I will discuss below, is misguided. It is frivolous and borders on the vexatious. It is predicated on a line of reasoningwhich is utterly devoid of legal merit and which finds no support in any jurisdiction in Canada. [25] The Tresos submit that they are human beings made of flesh and blood. They submit that the town, a duly incorporatedmunicipal corporation, is a legal fiction.

As such, the town has no binding authority over them unless, and only if, there is a contractbetween the parties, and then only if the Tresos consent to that contractual obligation. They are utterly wrong, and as stated in closingargument, I strongly urge each of them to read the decision of Mr. Justice Rooke in Meads v Meads, 2012 ABQB 571 . In thatcase Justice Rooke has comprehensibly discussed the argument put forward by the Tresos as well as any given number of other artificialand pseudolegal arguments advanced by OPCA litigants.

[ 26 ] Simply put, the Tresos are residents of a municipality in Saskatchewan, in Canada. The Constitution of Canada divides certain powers between the federal and provincial governments. Provincial governments are, by law, empowered to delegate certain powers to municipalities. Our provincial government has, by passing The Municipalities Act , delegated the general power of making and enforcing bylaws to certain towns. Pilot Butte is one such town.

If a bylaw is passed, which has been done in the instant case, and if the bylaw comes within the general powers granted to the town, as has been done here, then that town has the right to enforce it. The town does not need to enter into separate contracts with separate individuals in order to enforce its bylaws.

These bylaws will be enforced through the voluntary actions of the residents who are bound by them, or, if need be, by the courts which are charged with ensuring that the laws are followed. [ 27 ] I conclude that the Tresos do not have a valid defence to the action commenced by the Town of Pilot Butte and I grant judgment in its favour against Leslie and Karen Treso, jointly and severally, in the principal amount of $985.00.

I award the cost of issuing the summons in this action in the further sum of $20.00. [ 28 ] If further costs are sought by the Town of Pilot Butte, in relation to the actions brought against either Mr. Miller or Mr. and Mrs. Treso, it may, on or before October 20, 2015 bring application to this Court to argue its entitlement to additional costs and a date will be set to argue those additional costs. If no such application is brought within that time frame, then my present assessment of costs shall be final. P.

Demong, J SCHEDULE"A"I TOWN OF PILOT BUTTE Bylaw No. 7·2014 A BYLAW OF THE TOWN OF PILOT BUTTe IN THE PROVINCE OF SASKATCHEWAN, TO MANAGE AND CONTROL THE CONSTRUCTION, INSTALLATION, USE, CONSUMPTION AND DISCHARGE OF A WATER AND SEWER PUBLIC UTILITY. The Council of the Town of Pilot Butte in the Province of Saskatchewan enacts as follows: l. This Bylaw shall be cited as "The Water and Sewer Management Control Bylaw". 1.. This Bylaw is enacted pursuant to

section 48 of The Public Health Act, 1994, and sections 8, 23 to 32 and 362 to 370, inclusive of The Municipalities Act.

i) In this Bylaw, a) "Authorized Person". means an employee of the Municipality or an individual/business contracted by the Municipality to perform work on behalf of the Municipality. b) "Boundary" means the perimeter of an Owner's Parcel of land. c) "Commercial Building" means any principal business , trade, profession , industry, occupation, or employmE>nt carried on, and any premises from which goods and services are provided; and shall include any public building such as a school, hospital, church , etc. d) "Council "means the Council of the Municipality. e) "Municipality" means the Town of Pilot Butte. f) "Occupant" includes: (

i) a person residing on a Parcel of land or in a building on a Parcel of land; (ii) a person entitled to the possession of a Parcel of land or a building on a Parcel . of Land if there is no person residing on the Parcel of Land or in the building; or (iii) a leaseholder of a Parcel of land. g) "Owner" means a person who has the right, title, estate, or interest in land or improvements other than that of a mere occupant , tenant , or mortgagee. h) "Parcel of land" means within the Municipality: (

i) all or part of any parcel, as defined in The Land Titles Act, 2000, on an approved plan; (ii) a number of parcels, as defined In The Land Titles Act, 2000, that are assessed together; or (iii} . ay _ar ,; <efland us5>d for a si ! asse_ssme_nt; and includes all buildings or other structures located on the Parcel of Land.

i) " Plumbing Regulations " shall mean the Saskatchewan Plumbing Regulations and amendments thereto. j) "Public Utility" means a system or works operated by the Municipality and used to provide one or more of the following for public consumption, benefit, convenience or use: water, sewage disposal, public transportation operated by or on behalf of the Municipality, drainage, electrical power, heat, waste management, residential or commercial street or road lighting, systems for the provision of radio or television services or both,. any other system or works operated by the Municipality. k) "Raw Water" means water that is not supplied by a Public Utility.

I) "Residential Building" means the premises on a Parcel of Land containing a residential dwelling unit and includes a house used for business and residential purposes and a mobile home dwelling. m} "Residential Multi-Family" means a building comprised of two or more dwelling units located on a Parcel of Land. n) "Service Connection" means the part of the system or works of a Public Utility that .runs from the main lines of the Public Utility to a building or other place on a Parcel of Land for the purpose of providing the utHity service to the parcel, and includes the connection to the main line and couplings, stopcocks, meters and other apparatus inside the building or other place for the provision of the Public Utility. 3.ii} Public Utility Service Connection at or near the Boundary of a Parce l of Land

a) A.Public Utility Service Connection shall be installed at or near the Boundary on all Parcels of Land with a residential, commercial and residential multi-family building. b} A Public Utility Service Connection may be installed at a vacant Parcel of Land upon request by the Owner of the vacant Parcel of Land.

c) The Municipality shall determine the location of the Public Utility Service Connection at or near the Boundary of the Parcel of Lan d . . . ! ( 2 ,

Bylaw No . 7-2014

d) The Municipality shall be responsible for the hiring of a contractor to construct, maintain, repair and . repiaoo a Pubiic OtilftY Service Conriec!iori from llie mafii" line o 1 thEr Public Utility to at or near the Boundary of a Parcel of Land and may enter any land for that purpose. To the extent reasonably possible and within a reasonable period of time the Municipality shall restore any Parcel of Land entered by it for any of the aforementioned purposes to the same condition as existed prior to the Municipality's entry.

e) As a term of supplying the Public Utility service to a Parcel of Land, the Municipality may make the Owner of the Parcel of Land responsible for the costs of the construction, maintenance, repair· and replacement of the portion of the Service Connection from the main line of the system or works to the Boundary of the street, road, or easement

f) The costs and expenses as noted in

section 3.ii(

e) above shall be and are deemed an amount owing to the Municipality by the Owner of the Parcel of Land, unless otherwise determined by the Municipality.

g) Any costs and expenses relating to the Public Utility Service Connection referenced in this

Article 3 of this Bylaw may be recovered from the Owner of the subject Parcel of Land by the Municipality by any of the following: i. a civil action for debt in a court of competent jurisdiction in accordance with

section 368 . ( of The Municipalities Act; ii. adding the amount to the tax roll of the Parcel of Land on which the work is done in accordance with

section 369 of The Municipalities Act; and/or iii. any other means or methods authorized pursuant to The Municipalities Act or any other legislation. · 4. Public Utility Water Service Connection from the Boundary of the Parcel of land to a Residential/Commercial/Residentia l Multi-Family Building

a) The Owner of a Parcel of Land with a Residential, Commercial or Residential Multi-Family building on it shall connect to the Public Utility water service provided by the Municipality, shall use the Public Utility water ser¥ice for all inside water and W!lstewater use , arid shall be responsible for the costs and expenses related to the construction, maintenance, repair, and replacement of a Public Utility Service Connection located above, on or under the Owner's Parcel of Land from the Boundary of the Parcel of Land to and inside the Residential, Commercial or Residential Multi-Family building, unless otherwise determined by the Municipality.

b) The Service Connection referenced in

section 4(

a) above shall be approved and inspected by an Authorized Person of the Municipality, with the Service Connection work to be done in accordance with The Plumbing Regulations. ---' I

c)_ If any Owner of a Parcel of Land fails to comply with the requirements of sections 4(

a) and 4(6 i · aticive, 6r the MunTC!pamy rs- no 1 sausfiea \iVitli tlie construction, friaintenai'ICa;·rep-air or replacement of a Service Connection by any Owner of a Parcel of Land, the Municipality may order the Owner to construct, maintain, repair or replace the Service Connection of the Public Utility in accordance with the instructions of the Municipality within a specified time. In that regard, the Municipality shall serve the Owner with a written order in accordance with

section 364 of The Municipalities Act.

d) If an Owner does not co m ply with any order of the Municipality that may be made pursuant to

section 4(

c) above to the satisfaction of the Municipality within the specified time, or in an emergency, an Authorized Person of the Municipality may enter· any land or building, including the Owner's Parcel of land and buildings, to construct, maintain, repair or replace the Service Connection and shall within a reasonable period of time and to the extent reasonably possible restore any Parcel of Land entered for that purpose to the same condition as existed prior to the Municipality's entry.

e) The costs and expenses incurred by the Municipality relating to the construction, maintenance, repair or replacement of the Service Connection as contemplated by

section 4(

d) above shall be and are deemed to be amounts owing to the Municipality by the Owner of the Parcel of land, unless othervvise determined by the Municipality.

f) Any costs and expenses relating to the construction, maintenance, repair or replacement of the Service Connection may be recovered from the Owner of the subject Parcel of Land by the Municipality by any of the following: i. a civil action for debt in a court of competent jurisdiction in accordance with

section 368 of The Municipalities Act; il. adding the amount to the tax roll of the Parcel of Land on which the work is done in accordance with

section 369 of The Municipalities Act; and/or . iii. any other means or methods authorized pursuant to The Municipalities Act or any other legislation. 5. Water Public Utility -Water Meters and Access

a) Water meters shall be installed in every Residential, Residential Multi-Family and Commercial building where the Public Utility water service is supplied to a Parcel of land. At the discretion of the Council, common or individual metering and shut offs may be required for Residential Multi-Family dwellings.

The water meter location shall provide sufficient space for Installation and convenient access. Water meters shall remain the property of the Municipality. 4 ill-

e) The Municipality shall be entitled to read the water meters monthly and/or esiiniate ihe water usage each month.

f) Any Authorized Person is entitled to free access at all reasonable iimes to all parts of any Parce l of Land to which the water Public Utility is connected for the purpose of: i. reading a meter; or ii. after making reasonable efforts to notify the Owner or Occupant, or in an emergency, for the purpose of directing and installing or sealing a meter or other related appliances, and removing, altering, or repairing such meter as circumstances require, conducting and sampling tests, inspecting any service connection, or maintenance and repair.

g) Any person who obstructs or refuses to admit the Authorized Person to have free access to all parts of a Parcel of Land on which the water Public Utility is delivered, for the purposes identified in

section 5(

f) above shall be deemed guilty of an infraction of this Bylaw.

h) Where in the opinion of the Authorized Person any water meter fixture or pipe is insufficiently protected from extreme temperature or otherwise, the Municipality may terminate the supply of water after serving written notice to the Owner of the Parcel of Land of its intention to do so.

i) No person shall wilfully tamper with any water meter connected to the Public Utnity water service, either inside or outside of a building so as to alter the amount of water registered by the meter.

j) The costs and expenses incurred by the Municipality for the purpose of directing and installing or sealing water meters or other related appliances, and removing, altering, or repairing such water meters as circumstances require, conducting and sampling tests, inspecting any Service Connection, or maintenance and repair of a water meter or other related appliances shall be and are deemed to be amounts owing to the Municipality by the Owner of the subject Parcel of Land , unless otherwise determined by the Municipality.

k) Any costs referenced in

section 5GJ above may be recovered from the Owner of the subject Parcel of Land by the Municipality by any of the following:

i. a civil action for debt in a court of competent jurisdiction In accordance with

section 368 of The Municipalities Act; ii. adding the amount to the tax roll of the Parcel of Land on which the work is done in accordance with

section 369 of TheMw1icipalities Act; and/or .J ,' iii. any other means or methods authorized pursuant to The Municipalities Act or any other JeglsTation. 6. Public Utility Management and Control: 6.1 Water Publje Utility

a) The use of existing Raw Water wells for yard irrigation within the Municipality shall be permitted.

b) The installation of a new Raw Water well or.the replacement of an existing Raw Water well within the Municipality shall be permitted at the discretion of Council. For clarification, the installation of a new Raw Water well or the replacement of an existing Raw Water well within the Municipality is prohibited unless Council's authorization for such has firstly been received by the Owner of the Parcel of Land on which the installation of a new Raw Water well or the replacement of an existing Raw Water well is sought.

c) Back flow prevention devices shall be supplied and installed by the Municipality immediately at the discharge side of the water meter to all Parcels of Land with raw water wells, and an Owner of a Parcel of Land shall allow such to occur.

d) The Municipality shall have the right on two days notice, to impose the rationing of water, and otherwise limit the amount of Public Utility water to be furnished to any Parcel of Land, as circumstances warrant, and the Municipality shall not be liable for damages by imposing such limits and rationing.

e) No person shall vend, sell, dispose, or in any way convey, or permit Public Utility water to be carried or taken away from the Parcel of Land, or use the Public Utility water service for any use or purpose other than as has been authorized by the Municipality for that Owner or Occupier.

f) No person shall introduce into the Public Utility water system any harmful matter, substance, or thing, whether liquid or solid, that would be injurious to health, life, or property or that may injure, pollute, or damage any stream, water course, drain sewer, sewage system , and water system , and/ or the water treatment plant.

g) No person shall: i. wilfully or maliciously hinder or interrupt the Municipality or Authorized Person in the exercise of any of the powers conferred with respect to the provision of the Public Utility water service; ii. wilfully or maliciously discharge water so that it is wasted; iii. wilfully open, close, or obstruct any water hydrant; or iv. attach any pipe or line to the Public Utility water service except for normal us e ..

h) Application for a plumbing permit shall be completed by a plumber or plumbing contractor on a prescribed form and be accompanied by the required fee to the Municipality.

i) The fee for the permit shall be as specified the Plumbing Regulations.

j) All new houses being connected to Public Utility water service must make application to the Municipality and pay the applicable fee as per

Schedule A attached to this bylaw. 6 2 Sewer Public Utility

a) Any Owner of a Parce l of Land who wishes to be supplied with· sewer service from the sewer Public Utility must make application to the Municipality and pay the applicable fee as per

Schedule A attached to this bylaw.

b) Application far a plumbing permit for Public Utility sewer service shall be completed by the plumber or plumbing contractor on a prescribed form and accompanied by the required fee to the Municipality.

c) After making reasonable efforts to notify the Owner or Occupant of the Parce l of Land, or in an emergency, any Authorized Person is entitled to free access at all reasonable times to all parts of any Parcel of Land to which the sewer Public Utility is connected far the purpose of: i. inspecting any sewer Service Connection , and/or ii. constructing, maintaining or repairing any sewer Service Connection.

d) No person shall discharge into any drain, sewer, or sewerage system operated by the Municipality anything of a harmful matter, substance or thing, whether liquid or solid, that may be injurious to health, life or property or that would injure, pollute, or damage any stream, watercourse, drain, sewer, sewerage system or sewage treatment plant.

e) No person shall discharge waste water from weeping tile and/or sump pumps into the Public Utility sewer system. 7. Enforcement of Bylaw 7.1 · fnspectign

a) The Inspection of any Parcel of Land by an Authorized Person to determine if any provision of this Bylaw is being complied with is hereby authorized.

b) Inspections under this Bylaw shal i be carried out. in aecordance wiili seciion 362 ofthe Municipalities Act.

c) No person shall obstruct an Authorized Person who is authorized to conduct an inspection under this

section 7.1. 7.2 Ord§r to Remedv Contrnveotiop

a) If an Authorized Pers.on has reason to believe that a person is contravening any provision of this Bylaw , the Authorized Person may, by written order, require the Owner or Occupant of the Parcel of Land to which the contravention relates to remedy the contravention in accordance with

section 364 of The Municipalities Act.

b) If an order is issued pursuant to

section 7.2(

a) above, the Municipality may, in accordance with

section 364 of The Municipalities Act, give notice of the existence of the order by registering an interest against the title to the Parcel of Land that is subject of the order.

c) A person may appeal an order referenced in this

section 7.2 in accordance with

section 365 of The Municipalities Act. i

d) The Municipality may, In accordance with

section 366 of The Municipalities Act, take whatever actions or measures are necessary to remedy a contravention of this Bylaw.

e) In an emergency, the Municipality may take whatever actions or measures are necessary to eliminate the emergency in accordance with

section 367 of The Municipalities Act. 7 3 Reggysary of Expenses and Costs Any expenses and costs incurred by the Municipality in remedying a contravention of this Bylaw shall be and are deemed amounts owing to the Municipality by the Owner of the subject Parcel of Land, unless otherwise determined by the Municipality. Such expenses and costs may be recovered from the Owner of the subject Parcel of Land by the Municipality by any of the following: i. a civil action for debt in a court of competent jurisdiction in accordance with

section 368 of The Municipalities Act; ii. adding the amount to the tax roll of the Parcel of Land on which the work is done in accordance with

section 369 of The Municipalities Act; and/or iii. any other means or methods authorized pursuant to The Municipalities Act or any other legislation. L-4-Qffenoes-an d . . p.ena!t.jes.

a) No person shall: i. fail to comply with an order made by the Municipality pursuant to this Bylaw, or ii. obstruct or interfere with any Authorized Person or any other person acting under the authority of this Bylaw : or iii. fail to comply with any other provision of this Bylaw.

b) An Authorized Person who has reason to believe that a person has contravened any provision of this Bylaw may serve on that person a Notice of Violation, which Notice of Violation shall indicate that the Municipality will accept voluntary payment in the sum of $ 1 DO to be paid to the Municipality within 14 days of provision of the Notice of Violation.

In the case of a continuing violation of any provision of this Bylaw, the Notice of Violation may in addition also set out the period of time during which the violation is continuing and then shall indicate that the Municipality will accept voluntary payment of the sum of $ 2.50 for each day during which the violation has continued, such to be paid to the Municipality within 14 days of the provision of the Notice of Violation.

c) Where the Municipality receives voluntary payment of the amount(

s) prescribed in

section 7.4(

b) above within the time specified the person receiving the Notice of Violation shall not be subject to prosecution for the alleged contravention in respect of the violations identified in the Notice of Violation. The voluntary payment may be paid: i. in person, during regular office hours, to the cashier located at Pilot Butte Recreation Complex at 222 Diamond Place (2nd Ave & 3"' Street); ii. by deposit, at the mail slot to the left of the main Lobby Doors on the east side of the Pilot Butte Recreation Complex ; or iii. by mail, a cheque or money order payable to "Town of Pilot Butte" and delivered to the Town of Pilot Butte, Box253, Pilot Butte , Saskatchewan,SOG 3ZO.

d) Voluntary payment of any Notice of Violation only renders the person not subject to prosecution as noted in

section 7.4(

c) above, but does not exempt or preclude them or the subject Parcel of Land from the application of any other provisions of this Bylaw, including other means of enforcement. !>) . _ El{ l).t .91 rwise provided for In this Bylaw , every person who contravenes any provision -----··-·······-·-··---- ···- ----- ··-··-····- ... -- ----------. --------······ of this Bylaw shall be guilty of an offence and liable on

summary conviction to the following penalties: i. in the case of an individual, to a fine of not more than $10,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for each day during which the offence continues; and ii. in the case of a corporation, to a fine of not more than $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for each day during which the offence continues.

f) If a person is found guilty of an offence or infraction pursuant to this Bylaw, the court may, in addition to any other penalty imposed, order the person to comply wtth this Bylaw.

g) Notwithstanding any penalties or payments imposed upon a person pursuant to the provisions of this Bylaw: i. where a contravention of any provision of this Bylaw shall be of a continuing or ongoing nature, the Municipality may terminate the water and/or sewer Public Utnity from the Parcel of Land after providing reasonable notice to the Owner or Occupant of the Parcel of Land; ii. where the Municipality incurs costs and expenses as a result of any person committing an offence hereunder, such expenses and costs may be recovered from the person by the Municipality by any of the following:

a. a civil action for debt in a court of competent jurisdiction in accordance with

section 368 of Th e Municipalities Act; b. adding the amount to the tax roll of the Parcel of Land on which the work is done in accordance with

section 369 of TheMunicipa/ities Act; and/or c. any other means or methods authorized pursuant to The Municipalities Act or any other legislation.

h) Nothing in this Bylaw limits or restricts any other remedies the Municipality has available at law.

i) The Plumbing Regulations shall apply to and govern all plumbing and drainage within the Municipality. 8. Bylaw Repealed Bylaw No. 10-2013 is hereby repealed. ; / 9. Effective Date This bylaw shall take effect on the date it is given third and final reading. Mayor

i · Admini tor 1 ·