I have heard concerns from multiple residents who feel bylaw enforcement is being used to selectively target individuals instead of applying the same standards to everyone. So in light of that, I have written a short primer on the rights that residents have when dealing with bylaw enforcement.

Orders to Remedy

Hearings

The most common type of enforcement used in the village is an order to remedy under s 545 1 or s 546 2 of the Municipal Government Act 3. When such orders are used, you have the right to a review by council 4:

547(1) A person who receives a written order under section 545 or 546 may by written notice request council to review the order within

    (a) 14 days after the date the order is received, in the case of an order under section 545, and

    (b) 7 days after the date the order is received, in the case of an order under section 546, or any longer period as specified by bylaw.

    (2) After reviewing the order, the council may confirm, vary, substitute or cancel the order.

This means if you choose to exercise your right to a review, council needs to convene a public meeting as council may only act by resolution or bylaw:

180(1) A council may act only by resolution or bylaw. 5

181(1) A bylaw or resolution of council is not valid unless passed at a council meeting held in public at which there is a quorum present. 6

Appeals

If you disagree with councils decision then you have the right to appeal under s 548 7

548(1) A person affected by the decision of a council under section 547 may appeal to the Court of King’s Bench if
    (a) the procedure required to be followed by this Act is not followed, or
    (b) the decision is patently unreasonable.

(1.1) The appeal must be made,
    (a) in the case of an appeal of an order under section 545, within 30 days after the date the decision under section 547 is served on the person affected by the decision, and
    (b) in the case of an appeal of an order under section 546, within 15 days after the date the decision under section 547 is served on the person affected by the decision.

  1. The application for the appeal must state the reasons for the appeal.

  2. The Court may
        (a) confirm the decision, or
        (b) declare the decision invalid and send the matter back to the council with directions.

Complaints

Complaints about targeted enforcement, lack of enforcement, or wrong doing can be made to the Village of Barons under the Joint Peace Officer Shared Agreement; 8 However, speaking from personal experience these complaints seem to be largely ignored.

I have been informed by both the CAO of Barons and Coalhurst that complaints must be made to there respective municipality, this is largely incorrect according to the Peace Officer Act 9 and information directly from the Peace Officer Program 10.

1 In this Act
    (a) “authorized employer” means a person authorized under section 5(3) to employ or engage the services of a peace officer; 11

5(3) The Minister may issue an employer’s authorization to an applicant and may impose any terms and conditions on the employer’s authorization that the Minister considers appropriate, which may include requiring the authorized employer to implement or comply with policies, standards of conduct, practices, procedures, protocols or rules provided for in the regulations. 12

The Village of Barons is not an authorized employer under the Peace Officer Act, The Town of Coalhurst is the authorized employer which means they have to investigate all complaints made under s 14 of the act.

Complaints 13

    14 Any person may, in accordance with the regulations, make a complaint in writing regarding a peace officer to the peace officer’s authorized employer.

Investigation and disposition of complaints 14

    15(1) Where a complaint is made under section 14, the authorized employer must investigate and dispose of the complaint in accordance with the procedures set out in this Act and the regulations.

    (4) Within 30 days of receiving a notice of the authorized employer’s disposition of the complaint, the complainant may, in writing, request the Director to review the authorized employer’s disposition.

    (5) The Director must conduct a review if the Director receives a request from a complainant under subsection (4).

Hopefully with this information residents will be better informed of their rights when dealing with council and bylaw enforcement.

  1. Municipal Government Act, RSA 2000, c M-26, s 545↩︎

  2. Municipal Government Act, RSA 2000, c M-26, s 546↩︎

  3. Municipal Government Act, RSA 2000, c M-26↩︎

  4. Municipal Government Act, RSA 2000, c M-26, s 547↩︎

  5. Municipal Government Act, RSA 2000, c M-26, s 180↩︎

  6. Municipal Government Act, RSA 2000, c M-26, s 181↩︎

  7. Municipal Government Act, RSA 2000, c M-26, s 548↩︎

  8. Joint Peace Officer Shared Agreement↩︎

  9. Peace Officer Act, SA 2006, c P-3.5↩︎

  10. Resolving a complaint against peace officer↩︎

  11. Peace Officer Act, SA 2006, c P-3.5, s 1↩︎

  12. Peace Officer Act, SA 2006, c P-3.5, s 5↩︎

  13. Peace Officer Act, SA 2006, c P-3.5, s 14↩︎

  14. Peace Officer Act, SA 2006, c P-3.5, s 15↩︎