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HomeMy WebLinkAboutCLD-018-17Clarington Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 25, 2017 Report Number: CLD -018-17 Resolution: File Number: By-law Number: Report Subject: Appointment of Private Parking Enforcement -- OPG Recommendations: 1. That Report CLD -018-17 be received; 2. That the By-law attached to Report CLD -018-17, as Attachment 1, be approved; 3. That all interested parties listed in Report CLD -018-17 and any delegations be advised of Council's decision. Municipality of Clarington Report CLD -018-17 Report Overview Page 2 To appoint Nuclear Security Officers, appointed under the Security for Electricity Generating Facilities and Nuclear Facilities Act, 2014 Sec 3, to carry out the parking enforcement duties on all lands under the authority of OPG, as Parking Enforcement Officers. 1. Background In the summer of 2017, Staff were approached by Samantha Piane, Legal Counsel Ontario Power Generation (OPG), regarding the management of parking. The management related to accessibility has become a growing concern for patrons and staff at OPG facility on 1 Holt Rd. Bowmanville. To assist in management of parking issues, OPG Nuclear Security Officers (NSO) are required to be appointed under Section 15(1) of the Police Services Act, RSO 1990, c. P.15 to enforce Municipal By-laws. 2. Proposal Municipal Staff met with Stephen Prior, Security Manager and Alain Levesque, Manager Facilities & Projects, on site at the Holt Rd OPG Nuclear Station. It was determined steps would be taken by OPG staff to meet Clarington's Municipal Traffic By-laws criteria for signage. Following installation of correct signage, NSO's would receive Municipal training for issuance of Parking Notices. NSO's are appointed as Peace Officers under Security for Electricity Generating Facilities and Nuclear Facilities Act, 2014 Sec 3, the appointment is in accordance with Nuclear Security Regulations SOR/2000-209 Sec18. In addition to the high level of criteria within Federal regulation, NSO's must meet high standards of professionalism and education through OPG hiring and training process. Municipal staff are confident with OPG's Nuclear Security Officers program and high level of criteria through Federal Regulations that NSO's could carry out the duties of Parking Officers. 3. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 4. Conclusion It is respectfully recommended that the proposed by-law be approved which will appoint the employees of OPG appointed under the Security for Electricity Generating Facilities and Nuclear Facilities Act, 2014 Sec 3, to carry out the parking enforcement duties at all lands under the authority of OPG with in the Municipality of Clarington. Municipality of Clarington Report CLD -018-17 Page 3 5. Strategic Plan Application Not applicable. Submitted by: Municipal Clerk Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact Duncan Anderson, Municipal Law Enforcement Manager, 905-623-3379 Ext. 2110 or danderson@clarington.net Attachments: Attachment 1 - By-law 2017-xxx, being a By-law to appoint Parking Enforcement Officers for Private Property Interested Parties: Stephen Prior, Security Shift Manager, Ontario Power Generation Alain Levesque, Manager Facilities and Projects, Ontario Power Generation Attachment No.1 to Report CLD -018-17 Municipality of Clarington Resort CLD -018-17 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2017-xxx Being a By-law to appoint Private Parking Enforcement Officers Paae 4 WHEREAS subsection (1) of section 15 of the Police Services Act, R.S.O. 1990, c. P.15, provides that, "A municipal council may appoint persons to enforce the by-laws of the municipality"; AND WHEREAS the Ontario Power Generation (OPG) staff has requested that those Nuclear Security Officers be allowed to enforce the provisions of the Traffic By-law of the Municipality of Clarington on all properties owned or controlled by Ontario Power Generation; AND WHEREAS Council deems it desirable to appoint OPG to act as private property parking enforcement officers on all property under the ownership and jurisdiction of OPG property located within the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: Any Nuclear Security Officer appointed under the Security for Electricity Generating Facilities and Nuclear Facilities Act, 2014 Sec 3, to carry out the parking enforcement duties on all lands under the authority of OPG are hereby appointed as Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on all property under the ownership and jurisdiction of the OPG located within the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. 3. This appointment as Parking Enforcement Officers shall remain in effect for so long as the Appointment of Nuclear Security Officer remains in place. This By-law was passed in open session this xx day of October, 2017. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk