As local government compliance and enforcement officers, our impact spans across various dimensions- from safety and livability to trust-building and community empowerment. Through our dedication and commitment to public service, we contribute to the overall well-being of the communities we proudly serve.
"We enhance community safety and livability”
Enhance Community Safety: As local government compliance and enforcement officers, our dedicated efforts directly contribute to creating safer neighbourhoods and public spaces. Through proactive education and enforcement of regulations and laws, we mitigate potential risks and ensure the well-being of the community we serve.
Improve Livability: By diligently enforcing local government bylaws and regulations, we play a vital role in maintaining the quality of life in our community. Our actions prevent the degradation of public spaces and help preserve the aesthetic appeal of our neighbourhoods, enhancing the overall livability for everyone.
"We build public trust in local government”
Build Public Trust: Our commitment to fair and unbiased compliance and enforcement builds a foundation of trust between the public and local governments. By consistently applying regulations transparently and justly, we demonstrate our dedication to treating everyone equally and foster positive relationships within the community.
"Partners in public safety”
Promote Civic Responsibility: Our actions serve as a model for responsible citizenship, encouraging others to follow rules and contribute positively to the community. Through educational outreach and cooperative efforts, we inspire a culture of civic duty and respect for private and shared spaces.
"Local government's link to the community”
Enhance Quality of Services: Our presence and actions complement other essential local government services. By working together, we create a comprehensive service delivery model that enhances the overall quality of life for residents.
“Connected to the community”
Balance Diverse Needs: Our role demands a delicate balance between enforcing regulations and understanding the diverse needs of the community. Through open communication and flexible approaches, we ensure that regulations are not only upheld but also considerate of unique circumstances and challenges.
“Local government brand ambassadors”
Preserve Environmental Integrity: Through enforcement of environmental regulations, we contribute to safeguarding natural resources and ecological balance. Our work helps prevent pollution, maintain clean environments, and protect the long-term sustainability of our region.
Respond to Emergencies: In times of crisis or emergencies, local government enforcement officers are often on the frontlines, ensuring safety and order. Our quick and coordinated responses play a crucial role in minimizing damage and maintaining community resilience.
“We are the face of local government"
Local governments are generally not required to enforce a bylaw, as enforcement often depends on legal, political, and practical considerations. While some bylaws, particularly those related to health and safety are enforced due to impact to individuals, the environment or the community, many others are subject to discretionary enforcement. In many cases, enforcement is complaint-based, meaning action is taken only if a violation is reported. A local government's bylaw enforcement policy plays a key role in determining priorities, methods, and levels of enforcement, balancing factors such as public interest, risk assessment, and resource availability. Additionally, alternative approaches, such as education and voluntary compliance, may be used before taking formal action.
Complaints of misconduct by a bylaw officer or a department must be addressed through the local government. The public may also file a complaint if they believe they have been treated unfairly through the British Columbia Office of the Ombudsperson. Prior to filing a complaint through the Ombudsperson, a complaint should be made through the local government.
It is well established that bylaw officers are peace officers as defined in section 2 of the Criminal Code of Canada when acting in the course of their duties. This was confirmed in 2009 in R. v. Jozef Baksay as well as more recently in 2021 R. v. Dennis Lawrence Harrison.
Bylaw officers have the authority to enter onto and into private property and a dwelling unit to conduct an inspection. This authority is found in section 16 of the Community Charter which also applies to regional districts by virtue of section 284 of the Local Government Act. The Court of Appeal has held that no warrant is required for administrative searches such as those carried out under section 16 because there is no stigma attached to such a search, and the subject matter is not serious enough to require that a judge authorize the search.
Many local governments have ticketing provisions of up to $3000 for failing to allow an inspection; a ticket can be issued for each day an inspection is not granted. Further, a local government can obtain an Entry Warrant to conduct an inspection. Warrants can be issued granting access to areas of a property or dwelling that the local government requires access. Often, Entry Warrants do not specify a date or time in which the inspection has to occur. The Warrant also allows the local government to have a locksmith and police attend to gain access to locked dwellings and locations, while police are in attendance to keep the peace. In short, it is recommended to voluntarily allow an inspection to avoid financial penalty and an inspection being conducted when you are not present.
Do bylaw officers have the authority to demand identification?
In R. v. Turko , the court concluded that bylaw officers, while acting in the course of their duties, have the authority to demand identification. This is an important issue, because should a matter go to trial, it will be necessary to prove the identity of the accused before a conviction can be obtained.What are the consequences for not providing identification when lawfully requested by a bylaw officer?
Many local governments have fines for not providing identification to a bylaw officer. In addition, as in R. v. Turko , those that fail to provide identification can also be charged under section 129 (a) of the Criminal Code of Canada for Obstruction of a Peace Officer.
Quick Read: CircuLawr/Civic Legal LLP- Requesting ID- Bylaw Enforcement Officers' Scope of Authority
In R. v. Turko , the courts found that bylaw officers were peace officers when acting in the course of their duties and that officers had the authority to detain the accused for the purposes of obtaining identification and to arrest the accused for an offence under the Criminal Code of Canada.
In Woodward v. Capital Regional District , the court considered whether the use of force by bylaw officers during an arrest were “grossly excessive”. The judge found that bylaw officers were justified in using force.
Simply, you may be charged and convicted under the Criminal Code of Canada with Assaulting of a Peace Officer. Such a charge can result in prison, hinder employment opportunity, and travel to foreign countries, amongst other consequences. Review R v. Dennis Lawrence Harrison.
Criminal Code of Canada
· 270(1) Every one commits an offence who
o (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
o (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
o (c) assaults a person
§ (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
§ (ii) with intent to rescue anything taken under lawful process, distress or seizure.
· Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
o (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
o (b) an offence punishable on summary conviction.
Yes, bylaw officers can enforce disability parking stalls on private parking lots that are open to the public (i.e. Costco, McDonald’s, a mall, etc.), if the local government’s Highway Use/Traffic bylaw permits. Examples are the City of Maple Ridge and Port Coquitlam. Port Coquitlam Highway Use Bylaw reads: “Highway” includes every highway within the meaning of the Transportation Act, S.B.C. 2004, c. 44 and amendments thereto, and every road, street, lane or right-of-way designed or intended for or used by the general public for the passage of vehicles, and every private place or passage way to which the public, for the purpose of the parking or servicing of vehicles has access or is invited, and includes disabled zones… City of Maple Ridge Highway and Traffic Bylaw reads: “Highway” includes every highway within the meaning of the Transportation Act and amendments thereto; every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles; and every private place or passageway to which the public, for the purpose of parking or servicing of vehicles, has access or is invited; and includes disabled zones… Section 1 of the Motor Vehicle Act reads: "highway" includes (a) every highway within the meaning of the Transportation Act, (b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and (c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited While many local governments choose not to pass bylaws or have bylaw officers enforce offences related to disability parking stalls on private parking lots that are open to the public, some have and provide the authority to their bylaw officers to do so.
Section 146 (10) of the Motor Vehicle Act reads: A municipality that has enacted a bylaw under subsection (8) is not required to erect signs designating the rate of speed at which motor vehicles may be driven or operated. Further, Section 3 of the Bylaw Notice Enforcement Regulation reads: For the purposes of section 28 (2) (a) [power to make regulations] of the Act, contraventions of bylaws that are in relation to the following matters may not be designated by a local government bylaw under section 4 (1) [bylaw notice] of the Act: (a) firearms; (b) motor vehicle speed limits. While many local governments choose not to pass bylaws or have bylaw officers enforce offences related to motor vehicle moving violations, some have, and provide the authority to their bylaw officers to do so.
Do bylaw officers have the authority to seize animals?
Section 48 of the Community Charter provides for the seizure of animals that are:
(i) unlicensed, if there is a requirement that they be licensed,
(ii) unlawfully at large on a highway or in a public place,
(iii) straying or trespassing on private property, or
(iv) on unfenced land and not securely tethered or contained.