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Clerk's
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Report To: General Government Committee
Date of Meeting: June 17, 2019
Report Number: CLD -015-19
File Number:
Resolution: GG -405-19
By-law Number: 2019-046
Report Subject: Appointment Private Parking Officers
Recommendations:
1. That Report CLD -015-19 be received;
2. That the draft By-law attached to Report CLD -015-19 (as Attachment 2) be approved; to
appoint Nemesis Security Service, Paragon Security, G4S Canada and Paladin Security
as Private Parking Officers and repeal By-laws formerly appointing individuals and for
site specific private parking enforcement; and
3. That all interested parties listed in Report CLD -015-19 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report CLD -015-19
Page 2
Report Overview
To appoint designated Security companies as parking officers to eliminate the requirement
for Council to appoint individual employees of external services and/or specific properties.
1. Background
1.1 In order to be able to perform parking enforcement duties on private property, Section
15(1) of the Police Services Act, RSO 1990, c. P.15, requires that Private Security
Services be appointed by the Municipality.
1.2 Prior to 2016, authorizing parking enforcement on private property by external agencies
was done by way of Council approved by-laws which appointed individuals for specific
site locations.
1.3 Through Report CLD -009-16, Council adopted an alternative approach which
discontinued the appointment of "specific individuals" and replaced it with just the
named agency (e.g. Paragon). The site specific requirement was still included in the
by-law.
1.4 In 2016, through Report CLD -009-16 appointed all Nemesis Security Services staff for
two specific properties.
1.5 More recently, Council appointments have been general in that they were not site
specific nor for a specific individual. This is the case with CLOCA (Report CLD -031-16
and OPG (Report CLD -018-17), where an appointment was made by areas under their
jurisdiction. They further had to meet specific requirements such as accreditation as
Nuclear Security Guard (for OPG), training by Municipal Staff and site approval by
Municipal Staff.
2. Discussion
2.1 In March 2019, Municipal Law Enforcement was approached by Mr. Alves (Nemesis
Security Services) to request an additional property be enforced.
2.2 Municipal Staff was also approached by Kevin Bissoondyal (Paladin Security) to request
authority to enforce parking at Lakeridge Health Center. Paladin Security has not been
appointed previously in Clarington.
Municipality of Clarington Page 3
Report CLD -015-19
2.3 Security firms requesting appointments for staff have all received licenses from the
Province to act as Security Guards. The requirements set by the Province include:
x Be 18 years of age or older
x Legally eligible to work in Canada
x Clean Criminal Records check
x Take the security guard or private investigator basic training course
x Pass the security guard or private investigator basic test
2.4 Licenced Security Officers are responsible for adhering to the Private Security and
Investigative Services Act, 2005 and its regulations, including the Act's Code of Conduct
regulation.
2.5 All security guards receive training from Municipal Staff prior to be being authorized. In
addition, any issues or concerns may be easily corrected throughout the process if, and
when, needed.
2.6 All sites that may be enforced are also inspected prior to authorization being given.
This ensures that private properties are signed adequately, as per Municipal by-law.
2.7 Authority, in the form of a contract between the security company and property owner, is
also provided by the security company to the Municipality.
2.8 Based on the experience with OPG and CLOCA, the approach to general appointments
as Private Parking Officers (i.e. neither site specific, nor individual person specific) has
proven to be a successfully streamlined approach for both the external agency and the
Municipality. Staff recommends, therefore, that a general appointment by-law be enacted
for both Nemesis Security Services, and Paladin Security. As well, to provide
consistency, staff also recommends that the other external agencies who have previously
been granted site specific authority, being Paragon Security, G4S Canada also be
appointed as Private Parking Officers through the a general appointment.
3. Concurrence
This report has been reviewed by the Municipal Solicitor who concurs with the
recommendations.
Municipality of Clarington
Resort CLD -015-19
4. Conclusion
Page 4
It is respectfully recommended that the By-law attached to Report CLD -015-19 as
Attachment 1 be approved; to appoint Nemesis Security Services, Paragon Security,
G4S Canada and Paladin Security as Private Parking Officers.
5. Strategic Plan Application
Not applicable.
f
Submitted by:
nhe Greentree, B.A., CMO,
Municipal Clerk
Reviewed by:
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Duncan Anderson, Manager Municipal Enforcement, 905 623 3379 or
danderson@clarington.net
Attachments:
Attachment 1 - By-law to appoint a private property Parking Enforcement Officers.
The following is a list of the interested parties to be notified of Council's decision:
Paragon Security
G4S Canada
Nemesis Security Services
Paladin Security
Central Lake Ontario Conservation Authority
Ontario Power Generation — Security Division
Attachment 1 to
Municipality of Clarington Report CLD -015-19
The Corporation of the Municipality of Clarington
By-law Number 2019 -XX
Being a By-law to appoint a private property Parking Enforcement Officers
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 Council deems it desirable to appoint Nemesis Security Services, G4 Security,
Paladin Security and Paragon Security to act as private property parking enforcement officers
solely for the properties within the Municipality that consent has been received by property
owner;
And whereas all provincially licensed Security guards receive municipal training, all sites are
approved by the Municipality;
Now therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows:
That Nemesis Security, G4 Security, Paladin Security Services and Paragon Security is
hereby appointed as Private Property Parking Enforcement Officers.
2. That the above appointment shall remain in effect for the duration of their contract to the
property owners of 55 and 73 Shipway Avenue Newcastle.
3. That By-laws 2002-162, 2002-191, 2002-192, 2004-132, 2004-133, 2004-158,
2004-159, 2004-160, 2004-161, 2004-162, 2004-236, 2004-237, 2004-328, 2004-239,
2004-240, 2005-030, 2005-031, 2005-032, 2005-060, 2005-061, 2005-062, 2005-063,
2005-064, 2005-065, 2005-071, 2005-072, 2005-073, 2005-074, 2005-075, 2005-076,
2005-077, 2005-083, 2005-084, 2005-085, 2005-086, 2005-087, 2005-088, 2005-089,
2005-090, 2005-114, 2005-115, 2005-171, 2005-172, 2005-173, 2005-174, 2005-175,
2005-198, 2005-199, 2005-200, 2006-055, 2006-056, 2006-139, 2007-011, 2007-072,
2010-032, 2015-067, 2016-013, 2016-044, 2016-086, and 2017-082 be repealed.
4. That this by-law shall take effect on the date of passing.
Passed in Open Session this day of , 2019
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk