We're thrilled to have Garnet Davison, our GM of Operations who oversees Bylaw Services here to announce the appointment of our new Bylaw Enforcement Officer. Today on Monday Municipality Matters, we're diving into the responsibilities, processes, and challenges faced by our Bylaw Enforcement Services to ensure compliance with local regulations and enhance community livability.
1. Can you share with us the exciting news about the appointment of our new Bylaw Enforcement Officer?
I certainly can. I am happy to announce that we have successfully recruited a new bylaw officer. Mr. Schaetzle comes to us with a solid background, including his recent role with Government of Canada and his former career in the Canadian Armed Forces. In addition he is involved with Fire and Emergency services and is currently completing a Diploma in Military Arts and Science as well as an Emergency Medical Responder Diploma.
2. What are the main responsibilities and objectives of our Bylaw Officer in ensuring compliance with local regulations and fostering community well-being?
I’ll put a bit of a different spin on this question and answer this from a point of view aligned primarily with Councils strategic plan, rather than roll out the stock standard answers you may always see in many Q&A’s.
Bylaw officers play a significant role in supporting a council's strategic plan by contributing to various key objectives and initiatives. Here's how they typically enable and fit into the strategic plan:
Implementing Bylaws and Regulations: Bylaw officers are responsible for enforcing municipal bylaws and regulations, which are often aligned with the strategic goals and priorities identified by council. By ensuring compliance with bylaws related to public safety, environmental protection, community well-being, and economic development, bylaw officers directly contribute to achieving the council's strategic objectives.
Addressing Community Concerns: By responding to complaints, concerns, and issues raised by residents, businesses, and other stakeholders, bylaw officers help address community needs and priorities identified in the strategic plan. By investigating complaints, resolving disputes, and taking appropriate enforcement actions, they contribute to creating a safe, orderly, and desirable living environment for residents.
Promoting Public Awareness and Education: By conducting outreach, education, and awareness initiatives, bylaw officers help inform the community about local regulations, rights, and responsibilities. This contributes to enhancing civic engagement, empowering residents to participate in community life, and fostering a sense of ownership and accountability among stakeholders, all of which are typically aligned with strategic goals related to community engagement and empowerment.
Supporting Economic Development: Bylaw officers play a role in supporting economic development initiatives by ensuring compliance with zoning regulations, land use policies, and business licensing requirements. By providing guidance to businesses, facilitating permit processes, and addressing regulatory barriers, they contribute to creating a conducive environment for business growth, job creation, and investment attraction, in line with strategic objectives related to economic development and prosperity.
Collaborating with Stakeholders: By collaborating with other municipal departments, law enforcement agencies, community organizations, and residents, bylaw officers foster partnerships and collaboration to address shared challenges and priorities identified in the strategic plan. By participating in interagency initiatives, community forums, and working groups, they contribute to building strong, resilient, and inclusive communities, consistent with strategic goals related to partnership and collaboration.
Overall, bylaw officers play a vital role in supporting the implementation of a council's strategic plan by enforcing regulations, addressing community concerns, promoting public awareness, supporting economic development, and collaborating with stakeholders to achieve shared objectives and enhance the overall quality of life within the municipality.
3. Let’s dive right in. What are some of the most common complaints received by the Bylaw Officer, and is there any seasonality to the types of complaints?
The most common complaint we hear at Bylaw Enforcement Services are barking dogs, dogs at large and in general animal related complaints. While these are the main drivers, we also field a large volume of Community Standards complaints centered around litter, unkempt yards and noise related items such as OHV’s. It is a toss-up on any given day which bylaw (animal related or community standards) will top the charts. There is certainly some seasonality to the complaints as the winter months, outside of snow clearing, there is not a lot else happening in the community. Once we welcome the spring and summer months we see a spike in complaints as people, animals and recreational vehicles all come out for the summer. I think it would be wise to mention that we love that the community is busy, and residents love to get out and enjoy the short summer months. However, we would like to remind everyone to attempt to be as responsible as possible when enjoying the outdoors. Take note of fire bans, keep animals on a leash and in your yards whenever possible and please be respectful of noise and privacy when on OHV’s and remember to take the quickest/shortest route out of town when on OHV’s. These simple points will have an impact on complaints and help your neighbours enjoy their summer also.
4. Can you walk us through the process of an investigation, from receiving the initial complaint to issuing tickets?
Sure, the process is relatively simple and involves several steps depending on the complaint received, but in general it follows:
Complaint Receipt: The process usually begins with the receipt of a complaint from a member of the public or through routine patrols conducted by a bylaw officer. Complaints can be related to various bylaw violations, such as noise disturbances, property maintenance issues, or violations of other municipal regulations.
Investigation: Once a complaint is received, the bylaw officer initiates an investigation to determine if a bylaw violation has occurred. This may involve gathering evidence, door knocking or conducting interviews with witnesses or involved parties, and assessing the situation to determine the appropriate course of action.
Notice of Violation: If the bylaw officer determines that a violation has occurred, they may issue a notice of violation to the responsible party. This notice typically outlines the nature of the violation, the specific bylaw or regulation that has been contravened, and any required corrective actions or penalties.
Compliance Period: In many cases, the notice of violation provides the responsible party with a specified period to comply with the bylaw or take corrective actions to remedy the violation. This compliance period allows the individual or property owner to address the issue voluntarily before further enforcement action is taken.
Follow-Up Inspection: After the compliance period has elapsed, the bylaw officer may conduct a follow-up inspection to verify whether the violation has been remedied. If compliance has been achieved, the matter is typically considered resolved. However, if the violation persists, further enforcement action may be necessary.
Enforcement Actions: If the responsible party fails to comply with the notice of violation or persistently violates the bylaw, the bylaw officer may take enforcement actions, which can include issuing tickets, imposing fines or penalties, issuing orders to remedy the violation, or taking other appropriate measures as authorized by the Municipal Government Act (MGA), municipal bylaws or regulations.
Legal Proceedings: In some cases, particularly for serious or repeat violations, the municipality may initiate legal proceedings against the responsible party. This could involve seeking a court order to compel compliance, imposing additional fines or penalties, or pursuing other legal remedies available under the Municipal Government Act (MGA), municipal bylaws or applicable legislation.
Throughout the investigation and enforcement process, bylaw officers typically strive to work collaboratively with the community to address bylaw violations, promote compliance, and maintain public safety and quality of life within the municipality.
5. How do we ensure privacy and confidentiality when handling complaints and conducting investigations as part of our Bylaw Enforcement Services?
There are a number of processes and systems in place in the Town of Redwater. Ensuring privacy and confidentiality is essential when handling complaints and conducting investigations as part of Bylaw Enforcement Services. Several measures employed that assist in maintaining privacy and confidentiality are:
Confidential Reporting Systems: E-service request reporting system, where residents can submit complaints anonymously, if desired.
Limited Access to Information: Town of Redwater limits access to complaint information and investigation details to authorized personnel only. Bylaw officers and other staff involved in the investigation should handle sensitive information discreetly and adhere to strict confidentiality protocols.
Secure Data Management: Town of Redwater utilizes secure data management practices to safeguard sensitive information collected during investigations. This includes storing digital and physical records in secure databases or filing systems, utilizing encryption and password protection for electronic files, and restricting access to sensitive information on a need-to-know basis.
Non-Disclosure or Confidentiality Agreements: Require employees and contractors involved in bylaw enforcement to sign non-disclosure agreements (NDAs) or confidentiality agreements outlining their responsibility to maintain the confidentiality of information obtained during the course of their duties.
Training and Awareness: Town of Redwater Provides training and awareness programs for staff members on the importance of privacy and confidentiality. Educate employees on relevant privacy laws, regulations, Freedom of Information and Protection of Privacy Act (the FOIP Act) and organizational policies governing the handling of confidential information.
Redaction of Personal Information: When sharing information with external parties, such as legal authorities or other government agencies, ensure that personal information is redacted or anonymized to protect the privacy of individuals involved in the complaint or investigation.
Secure Communication Channels: We use secure communication channels, such as encrypted email or secure messaging platforms, when sharing sensitive information internally or externally.
Periodic Review and Audit: Conduct periodic reviews and audits of privacy and confidentiality practices within Bylaw Enforcement Services.
6. Can you explain where we draw the line between issues that fall under bylaw enforcement versus those that are considered civil disputes? How does our Bylaw Officer navigate these distinctions in practice?
I can do my best, there are many variables but, in an attempt, to keep it as simple as possible: Drawing the line between issues that fall under bylaw enforcement and those considered civil disputes involves understanding the nature of the problem, applicable laws and regulations, and the role of the municipality in resolving conflicts.
Bylaw Enforcement: Bylaws are regulations enacted by municipalities to maintain consistency, promote public health and safety, and govern various aspects of community life. Bylaw enforcement typically involves violations of municipal bylaws, such as noise disturbances, parking infractions, property maintenance issues, and animal control regulations. Bylaw Officers are authorized to enforce these bylaws and have the authority to issue warnings, notices of violation, and penalties to ensure compliance.
Civil Disputes: Civil disputes involve conflicts between individuals or entities that typically fall under the jurisdiction of civil law rather than municipal bylaws. These disputes may include issues related to property rights, contracts, landlord-tenant relationships, personal injury claims, and other matters governed by provincial or federal laws. Bylaw Officers do not have jurisdiction to intervene in civil disputes or enforce civil laws.
To navigate the distinctions between bylaw enforcement and civil disputes in practice, our Bylaw Officer typically follows these guidelines:
Assessment of Jurisdiction: Bylaw Officers assess whether a complaint or issue falls within the scope of municipal bylaws or constitutes a civil dispute. This involves understanding the relevant laws and regulations governing the specific situation.
Referral to Appropriate Authorities: If a complaint or issue is determined to be a civil dispute rather than a bylaw violation, Bylaw Officers may refer the parties involved to the appropriate authorities or legal resources, such as mediation services, civil courts, or relevant government agencies.
Education and Information: Bylaw Officers provide education and information to community members about the distinction between bylaw enforcement and civil disputes where and when applicable. This is an attempt to help individuals understand their rights and responsibilities and helps them seek appropriate avenues for resolving conflicts.
Collaboration with Other Agencies: Bylaw Officers may collaborate with other agencies, such as law enforcement, legal aid services, or dispute resolution organizations, to address complex issues that involve both bylaw enforcement and civil law matters.
Documentation and Record-Keeping: Bylaw Officers maintain accurate records of complaints, investigations, and enforcement actions to track the outcomes of cases and ensure transparency and accountability in their enforcement efforts.
By adhering to these principles and procedures, our Bylaw Officer can effectively fulfill their mandate to enforce municipal bylaws while respecting the boundaries of their jurisdiction and promoting peaceful resolution of civil disputes within the community.Top of Form
7. Why is evidence required for investigations, and why shouldn’t complaints be submitted anonymously?
We cannot stress this point enough….help us to help you!
Evidence is required for investigations to ensure fairness, accuracy, and accountability in the enforcement process. Evidence is essential in:
Establishing Facts: Evidence helps Bylaw Officers establish the facts surrounding a complaint or alleged violation. It provides objective information about what occurred, who was involved, and any relevant circumstances, allowing for an informed decision-making process.
Supporting Enforcement Actions: Evidence serves as the basis for enforcing municipal bylaws and regulations. It enables Bylaw Officers to determine whether a violation has occurred and to take appropriate enforcement actions, such as issuing warnings, notices of violation, or penalties.
Protecting Rights: Evidence protects the rights of individuals and property owners by ensuring that enforcement actions are based on factual information rather than allegations or assumptions. It helps prevent unjust or arbitrary enforcement actions and supports due process rights.
Resolving Disputes: Evidence can be crucial in resolving disputes or conflicts between parties. It provides a basis for mediation, negotiation, or legal proceedings, allowing parties to reach a fair and equitable resolution to their differences.
Enhancing Accountability: Evidence-based investigations enhance accountability and transparency in the enforcement process. By documenting the evidence collected and the actions taken, Bylaw Officers can demonstrate the rationale behind their decisions and respond to inquiries or challenges from affected parties or stakeholders.
Regarding anonymous complaints, while they may initially seem beneficial for privacy reasons, they can present challenges and limitations in the investigative process.
Here's why complaints should not always be submitted anonymously:
Verification and Follow-Up: Anonymous complaints may lack crucial details or evidence needed to verify the complaint or conduct a thorough investigation. By providing contact information or identifying themselves, complainants can assist Bylaw Officers in obtaining additional information or clarifications as needed.
Responding to Allegations: Without knowing the identity of the complainant, it can be challenging for Bylaw Officers to follow up with them or address any questions or concerns they may have about the investigation or its outcome. Providing contact information allows for better communication and engagement throughout the process.
Accountability and Credibility: Anonymous complaints may raise questions about their credibility and reliability, as they cannot be attributed to a specific individual or source. By identifying themselves, complainants demonstrate accountability for their allegations and provide Bylaw Officers with an opportunity to assess the credibility of the complaint.
Fairness and Due Process: Anonymous complaints may infringe on the rights of the accused party by depriving them of the opportunity to know their accuser or respond to the allegations effectively. Allowing parties to identify themselves promotes fairness and due process in the investigative process.
While anonymous complaints may be appropriate in certain circumstances, such as cases involving fear of retaliation or sensitive situations, encouraging complainants to provide their contact information and identify themselves can facilitate more effective and transparent investigations in most cases.
8. We have a Bylaw Enforcement Officer rather than a Peace Officer. Can you explain the key differences between the authorities and powers each has and explain how this impacts enforcement in our community?
Sure haha! Bylaw Officers and Peace Officers serve distinct roles with different powers, jurisdictions, and responsibilities. Here are the key differences between the two:
Jurisdiction:
Bylaw Officers: Bylaw Officers are typically appointed by municipalities to enforce municipal bylaws and regulations within the boundaries of the municipality. Their authority is limited to enforcing local bylaws related to issues such as parking, noise, property maintenance, animal control, and other municipal regulations.
Peace Officers: Peace Officers, on the other hand, have broader jurisdiction and authority. They may be appointed by various levels of government, including municipalities, provinces, or federal. Peace Officers may have authority to enforce a wider range of laws and regulations, including provincial statutes and certain federal laws, such as traffic laws, liquor control, environmental regulations, among others.
Powers and Authorities:
Bylaw Officers: Bylaw Officers typically have specific powers and authorities granted under municipal bylaws. They may have the authority to issue warnings, notices of violation, tickets, and fines for bylaw infractions. Bylaw Officers may also have the power to enter properties or premises to inspect for compliance with municipal bylaws, but this authority is usually limited to specific circumstances outlined in the bylaws or the Municipal Government Act (MGA).
Peace Officers: Peace Officers often have broader powers and authorities conferred by provincial or federal legislation. Depending on their specific appointment and jurisdiction, Peace Officers may have the authority to enforce various laws, conduct investigations, make arrests, and carry out duties related to public safety, security, and law enforcement.
Training and Certification:
- Bylaw Officers: Bylaw Officers typically undergo training specific to the enforcement of municipal bylaws and regulations. Training programs may vary depending on the municipality but often include education on relevant bylaws, enforcement procedures, conflict resolution, and customer service.
- Peace Officers: Peace Officers generally undergo more extensive training and certification, which may include formal law enforcement training through police academies or specialized training programs recognized by provincial or federal authorities. Peace Officers may also be required to meet certain standards and undergo ongoing training to maintain their certification and authority.
Role and Focus:
Bylaw Officers: Bylaw Officers primarily focus on enforcing municipal bylaws and regulations to maintain order, protect public health and safety, and regulate various aspects of community life within the municipality. Their role is often centered around addressing quality of life issues and ensuring compliance with local regulations.
Peace Officers: Peace Officers may have a broader role that extends beyond municipal bylaw enforcement. Depending on their appointment and jurisdiction, Peace Officers may be involved in a wide range of law enforcement activities, including traffic enforcement, crime prevention, emergency response, and regulatory compliance at the provincial or federal level.
In summary, while both Bylaw Officers and Peace Officers play important roles in maintaining public safety and order, Bylaw Officers focus on enforcing municipal bylaws within their respective municipalities, while Peace Officers may have broader authority to enforce a wider range of laws and regulations at the provincial or federal level.
9. Some items in our bylaws cannot be enforced. What is the purpose of including these provisions if they cannot be enforced?
Provisions in bylaws serve several important purposes, even if they cannot always be strictly enforced in every situation. Here's why including provisions in bylaws is still valuable:
Guidance and Regulation: Bylaws provide clear guidance and regulation on various aspects of community life, such as zoning, land use, property maintenance, noise control, animal control, parking, and business operations. Even if enforcement is not always possible or practical, the existence of bylaws helps establish standards and expectations for behavior and conduct within the municipality.
Preventive Measures: Bylaws can serve as preventive measures to deter undesirable behaviors or activities that may have negative impacts on public health, safety, or quality of life. Knowing that certain actions are regulated or prohibited by bylaws may encourage compliance and discourage violations before they occur.
Promotion of Order and Civility: Bylaws contribute to the promotion of order, civility, and harmonious living within the community. They help address common issues and conflicts that arise in urban environments and provide mechanisms for resolving disputes and maintaining a peaceful coexistence among residents, businesses, and others.
Legal Framework: Bylaws establish a legal framework for addressing specific issues and resolving conflicts within the municipality. While enforcement may not always be feasible or practical in every case, the existence of bylaws provides a basis for legal recourse and dispute resolution when necessary.
Community Standards: Bylaws reflect the community's values, priorities, and standards of behavior. They are developed through a democratic process involving input from residents, elected officials, and other stakeholders, such as public engagement activities and ensuring that they reflect the needs and interests of the community as a whole.
Education and Awareness: Bylaws serve an educational role by raising awareness about local regulations and requirements. They inform residents, businesses, and visitors about their rights and responsibilities within the municipality and promote understanding of the rules governing various activities and behaviors.
Flexibility and Adaptability: Bylaws can be amended or updated over time to address changing needs, emerging issues, councils expectations or strategic plans and evolving community priorities. While enforcement may be challenging for certain provisions, bylaws can still serve as a foundation for ongoing dialogue, policy development, and decision-making within the municipality.