the voice of rural saskatchewan - sarmpub/file/resources-publications/workshop notes... · unit...

THE VOICE OF RURAL SASKATCHEWAN


Presentation Overview Introduction to Legislation Pertaining to Bylaws & Bylaw

Enforcement Impediments to Bylaw Enforcement Potential Solutions to Bylaw Enforcement Concerns Regional Bylaw Enforcement Models Alternative Enforcement Options Committee (AEOC) Special Constable Pilot Projects Enhanced RCMP Next Steps


Authority of RMs to Pass Bylaws In Saskatchewan, RMs are created and empowered

by The Municipalities Act. Power granted is to be interpreted broadly. Provides authority to Councils to govern a

municipality. Enhances Council’s ability to respond.


Enacting Bylaws Peace, order and good government; Safety, health, welfare of people & property; People, activities, etc in public areas; Nuisances; Transportation & transportation systems; Use of vehicles & regulation of pedestrians; Businesses & business activities; Municipal services & fees; Public utilities; Animals; and Reclaiming land & buildings.


Enacting Bylaws Pursuant to

Other Legislation The Uniform Building and Accessibility

Standards Act; The Planning and Development Act; and The Traffic Safety Act.


Enforcing Municipal Bylaws The Municipalities Act allows RM Council’s to

appoint Bylaw Enforcement Officers to enforce locally enacted bylaws.

Bylaws Enforcement Officers Responsibilities. Bylaws may address enforcement issues such

as offences, penalties, voluntary payments, inspections and other remedies.


Impediments to Bylaw Enforcement

RMs noted three main impediments to effective bylaw enforcement: 1. High costs for the service. 2. Inability to find someone experienced. 3. Not a full-time position.


Regional Bylaw Enforcement

Some types of regional bylaw enforcement currently employed in SK: 1. Regional Enforcement Unit 2. Cost-share Model 3. Regional Contract Model


Gaps in BEO Authority and

Municipal Need Training Opportunities; Acknowledgement of certification; Broaden pool of BEOs; More assistance from other service

providers; and Additional authorities.


Meeting Enforcement Needs

SARM and SALIBO: • Develop Standards for Enforcement

Officers; • Increase Quality of Training Opportunities; • Recruit Individuals to the Field; and • Increase BEO authorities.


Alternative Enforcement Options Bylaw enforcement officers, even with sound municipal bylaws in place, are unable to: Stop vehicles for traffic infractions, such as running

through a stop-sign; Use technologies to enforce local speed limits; Pull vehicles over to check for valid overweight permits;

or Close roads for spot-checks relating to the operation of

ATVs etc.


Alternative Enforcement Options • In order to provide further options in

enforcement, the province and stakeholders are in the process of developing an alternative enforcement model that municipalities can use to address local community safety needs.

The development of an alternative enforcement model will provide additional options to those municipalities having specific safety concerns which require a tailored response.


Alternative Enforcement Options Some (not all) of the issues examined by the Committee

were: • the most common community safety needs; • who is able to provide enforcement services; • the risks and responsibilities that are inherent in

providing enforcement services; and • the need for oversight and accountability of

enforcement services.


In the Works (3) Alternative Enforcement Options have been examined by the AEOC: 1. Enhanced RCMP 2. Special Constable Appointments


Enhanced RCMP Option The RCMP has 5 National Priorities 1. Serious and Organized Crime 2. National Security 3. Youth 4. Economic Integrity 5. Aboriginal Communities


Enhanced RCMP Option Unit Annual Performance Plan 1) Planning, Consultation and Risk Assessment 2) Plan review – Set Priorities, Initiatives, and Measures 3) Quarterly review and reporting of activities This quarterly review function helps to ensure that APP

is relevant and useful to the Unit and the community. The community would sign off on the APP. Unit Commander reports progress to the line officer and

the community.


Enhanced RCMP Option Enhanced Policing:

The role of the RCMP as an Enhanced Police Officer is to provide an enhanced level of provincial policing pursuant to the duties and responsibilities under the Provincial Police Service Agreement (PPSA) between the Government of Canada and the Government of the Province of Saskatchewan. The RCMP member shall not be required to perform any duties or provide any services which are not appropriate to the effective and efficient delivery of police services in the Province.


Enhanced RCMP Option Enhanced Policing enforcement and public safety options: 1. Provincial Statutes of Saskatchewan 2. Criminal Code of Canada, including investigation of vandalism or

mischief 3. Federal Statutes 4. Bylaws as agreed to by the Municipalities and the RCMP, such as

local traffic and/or weights and scales enforcement 5. Rural Crime Watch 6. Planning emergency services relating to "special events" and

policing of those "special events" in the Municipalities 7. Other programs as agreed to by the Municipalities and the RCMP


Enhanced RCMP Option Enhanced Policing Hiring Process: 1. The local council contacts the RCMP via the

OSB branch or through there local detachment of interest in the option.

2. OSB will confirm interest, gather initial information and arrange a meeting including the local council, Corrections & Policing, the local detachment and the appropriate RCMP district management team.


Enhanced RCMP Option 3. Initial Meeting with RM Council 4. Detachment commander and local council

negotiate a service level agreement (a draft will be provided).

5. If local council chooses to move forward, start up requirements and costs are confirmed with all parties.

6. RCMP requests from Province permission to place position in the annex; once position placed in annex, RCMP can staff position.


Special Constable Appointments Provincial Appointments. Duties and authorities are determined in the

appointment by the Ministry of Justice. Municipalities set local bylaw related duties and

authorities of the SC. Total cost of appointment paid by employing

municipality.


Special Constable Appointments Pilot Project concluded in 2012. SC’s under the pilot were filling some of the

enforcement gaps identified by municipalities; Upon review, concerns with current SC

appointments were raised; Work needed to be done to address these

concerns adequately while still ensuring that the option was a feasible one for RMs.


Special Constable Appointments Work is currently being done by the AEOC to: • Mitigate risk associated with some duties; -

equipment, training, reporting; • Ensure effective oversight of SC’s by

municipality/ies and Province; • Develop process for monitoring and

assessing appointments;


Special Constable Appointments • Expand the current menu of authorities to

address other provincial interests i.e. bail transports;

• Address related changes that may be required in other pieces of legislation/regulation;

• Other items of note – Recommended Salary Schedule & Shared Servicing Agreements.


Special Constable Appointments – Moving Forward

• No new SC appointments will be made until program is further developed.

• Budget submission has gone to Cabinet in support of this alternative enforcement framework;

• Goal: Communications plan developed for early 2014.


Questions?


Thank you!

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