Over the next six to eight months, the City will be reminding residents of where their property boundaries lie. 

According to the Director of Planning, Michelle Sanson, City representatives have identified  ‘hundreds’ of encroachment to City property issues throughout the city. 

“I would say, we’re looking at hundreds for sure,” said Sanson. “Previously we’ve dealt with these through a complaint based way. [Now] we want to be proactive with some of the issues in our park spaces and where there’s been damage.” 

The three main issues encroachments have created in the city were identified by the Department of Planning as vehicle access through parks, the unauthorized use of commercial/industrial laneways and damage to city-owned structures. 

“Some residential properties don’t have laneways," Sanson explained, "and they’ve created a physical laneway and are accessing their properties through the rear of their property and have created some damage to that land.” 

Others have made a habit of using commercial and industrial legal (private) laneways, such as those that provide access through rail yards. 

“In the core industrial and commercial areas, there were laneways created for railways and services in the back. Overtime services have been removed. Adjacent property owners have started to encroach on the area behind them,” said Sanson. 

Non-vehicular encroachments have been identified in other areas, such as the unauthorized placement of a shed or garden, parking of an RV, boat, or trailer, or storage of other personal property on City land. 

“I had no idea how significant and widespread this is across our city,” said Councillor Crystal Froese. 

City Council voted in favour of undertaking public education regarding encroachments on City-owned or controlled lands in order to encourage voluntary compliance rather than resorting to bylaw enforcement. 

“We would definitely move forward with enforcement if we don't get the compliance from the education side.” 

Prior to any enforcement, the City says it will provide education to residents "on the importance of preserving public property and associated amenities." A news release will be issued, followed by letters to individual property owners explaining their encroachments, and reminding them of City requirements. If necessary, the City will enforce section 17 of the Miscellaneous Bylaw. 

The Department of Planning has not released specific location examples of the encroachments, citing Section 18 of the Local Authority Freedom of Information and Protection of Privacy Act in the interest of keeping third party information private. 

According to information from the City's communication manager, Craig Hemingway, here's what residents can expect if they don't comply with enforcement: 

Any penalties due to an offence come from a summary conviction. When an individual is convicted for the contravention of the bylaw and is required to pay a fine amount, they are then still required to correct any issues pertaining to the Bylaw. The entire penalty section can be found under Section 36:

36(1) Every person who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction to a fine of not more than:

(a) $2,000 in the case of an individual;

(b) $5,000 in the case of a corporation.

(2) All fines, penalties and forfeitures mentioned in this Bylaw may be recovered and enforced with costs by summary conviction before a judge and, in default of payment, the person convicted may be imprisoned for a term of not more than 90 - 6 - days, unless the fine or penalty are paid sooner.

(3) This Bylaw may be enforced, and the contravention of any provision of the bylaw restrained, by any court on action brought by the City of Moose Jaw, whether or not any penalty is imposed for the contravention.

(4) Conviction of a person for a contravention of any provision of this bylaw does not relieve him from compliance with the bylaw, and the convicting judge or justice of the peace shall, in addition to any fine imposed, order the person to perform, within a specified period, any act or work necessary for the proper observance of the bylaw or to remedy the contravention of the bylaw.

(5) A person who fails to comply with an order made pursuant to subsection (4) within the period specified in the order, is guilty of an offence and liable on summary conviction to a fine of not more than $250 for each day during which the failure continues, to imprisonment for a term of not more than 90 days or to both such fine and imprisonment.