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.
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 as recently as 2009 in R. v. Jozef Baksay.
Many local governments have ticketing provisions of up to $1000 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.
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.
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.
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.