HomeMy WebLinkAboutLGS-008-24Staff Report
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Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-008-24
Submitted By:
Reviewed By:
Authored by:
Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Mary-Anne Dempster, CAO Resolution#: GG-018-24
Rob Maciver
File Number: L1000-61E By-law Number: 2006-126, 2024-009
Report Subject: Municipal Regulation of Encampments
Recommendations:
1.That Report LGS-008-24, and any related delegations or communication items, be
received;
2.That the By-law, included as Attachment 1 of Report LGS-008-24, to amend By-law
2006-126, a by-law to regulate public parks and open spaces in Clarington, be
approved;
3.That the Legislative Services Department is directed to prepare an encampment
response protocol for Municipal Law Enforcement Officers in consultation with the
Region of Durham and the Durham Regional Police Services; and
4.That all interested parties listed in Report LGS-008-24, and any delegations, be
advised of Council’s decision.
Municipality of Clarington Page 2
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Report Overview
This Report provides a brief overview of the current situation involving Clarington’s
unsheltered population, highlights the implications of several recent Court decisions related
to the municipal regulation of encampments, gives a summary of existing provisions in the
Parks By-law, and makes several recommendations for improvement.
1. Background
1.1 One of the most pressing issues facing municipal governments today is how to best
respond to the needs and challenges of our unsheltered population.
1.2 Homelessness in Ontario is visible to many people like never before, and a variety of
factors are leading many in our society to question their assumptions and attitudes
about the plight of unsheltered persons.
1.3 These issues are also attracting increasing attention from the Ontario Courts, and there
is a growing body of case law devoted to topics related to homelessness.
1.4 All levels of government including municipalities, Police Service Boards, and other
social service providers, are discovering that old ways of coping with the unique
challenges of our unsheltered population no longer work, either because they have
proven to be ineffective or because they have become more widely unacceptable on
social, moral, legal, and political grounds.
1.5 The number of individuals who have a precarious housing situation in Clarington, and
elsewhere, is difficult to estimate and, no doubt, the number is constantly fluctuating.
However, there is little doubt that, at any given time, there are some unsheltered
individuals residing in our community. Outreach workers from Durham Region Social
Services have several clients that identify Clarington as their place of residence, and
these individuals are eligible to receive outreach support and community paramedical
care right here in Clarington.
1.6 While the availability of support in Clarington is limited compared to Oshawa and other
Durham lakeshore municipalities, there are indications of increasing levels of social
support in our area. Durham Region has recently invested in a major expansion of its
outreach capability by hiring 10+ additional outreach support workers, and St. Paul’s
United Church recently established an overnight winter warming centre in downtown
Bowmanville.
Municipality of Clarington Page 3
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1.7 A complex matrix of interrelated issues makes any attempt to provide support to our
unsheltered population an imposing challenge. As with all social and regulatory issues,
local government needs to understand its role in relation to other agencies and must be
mindful of balancing the interests of all members of the community.
1.8 The content of this report, and the recommendations arising from it, are focussed on
one aspect of the municipal response to the larger issue of the homelessness crisis,
namely, how to regulate the existence of encampments.
1.9 For the purposes of this report, an encampment consists of one or more , improvised
shelters (typically tents) that provide temporary living space and protection from the
elements to people who would otherwise be unsheltered, either by choice or necessity.
Clarington’s Park By-law
1.10 The Municipality of Clarington has no by-laws for the specific purpose of regulating
encampments. However, provisions in the Clarington Parks By-law (the “Parks By-law”)
have guided the Municipality’s enforcement response to encampments since the by-law
was enacted in 2006.
1.11 The first thing to note about the Parks By-law, is that it is much broader in its application
than the name may suggest. For the purposes of the Parks By-law, a “park” includes
any land owned or leased by the Municipality that is used a “a woodlot, ravine,
recreation area, square, garden, walkway, water or any area … devoted to active or
passive recreation”. While the phrasing found in the definition could be improved, the
intent is reasonably clear; any Municipally owned or controlled outdoor space that is
accessible by the public falls within the scope of the Parks By-law.
1.12 Pursuant to section 14 of the Parks By-law, no camping is permitted. Camping is not
specifically defined, and the Parks By-law does not differentiate between camping that
is a recreational activity, and other circumstances which may lead someone to be
inhabiting a tent or other lodging situated on Municipal property.
1.13 According to section 15 of the Parks By-law, “no person shall place, install, or erect any
temporary or permanent structure in any park”. The heading of this section is entitled,
“Tents and Structures” and this section has been interpreted by Municipal Law
Enforcement as their authority to evict any person who occupies a park overnight.
1.14 Taken together, these sections amount to an absolute prohibition on all camping
activities and the placement of any tents or temporary structures on Municipal property,
unless a permit has been obtained from the Municipality.
Municipality of Clarington Page 4
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1.15 Other provisions contained in the Parks By-law include prohibitions on litter, dumping,
alcohol consumption, and campfires, as well as a limitation on various forms of
nuisance.
1.16 The Parks By-law is very typical of similar by-laws in municipalities around the Province.
It is this type of by-law that has become the subject of several recent Court rulings as
they pertain to the issue of encampments.
2. Recent Legal Rulings
Waterloo (Regional Municipality) v. Persons Unknown
2.1 The issue in this case was whether it was lawful for the Region of Waterloo to enforce a
by-law prohibition against erecting any type of structure, including a tent, on a vacant lot
in downtown Kitchener that was owned by the Region. The decision was released on
January 27, 2023.
2.2 The property is approximately one-half acre in area and is intended to function as a
gravel parking lot to support a new train/bus station which is situated near the property.
Also near the property is a soup kitchen operated by a local church.
2.3 Due to the vacant state of the property, together with its proximity to public
transportation, the soup kitchen, and other features of downtown Kitchener, the location
proved to be a convenient choice for some of the Region’s unsheltered population to
establish an encampment. Tents began to appear in December 2021, and by July 27,
2022, it was estimated that 53 persons were living in the encampment.
2.4 During that interval, the Region’s response to issues of security and sanitation
associated with the property gradually escalated to the point that as of July 2022 the
Region’s monthly expenditure was approximately $80,000.
2.5 Upon completion of a risk assessment of the property in May 2022, the Region
determined that the conditions at the encampment posed a risk to the health and safety
of the encampment residents as well as to the public. As such, the Region sought a
declaration that the persons encamped on the property were in breach of the by-law,
which would set the stage for the removal of the encampment from the property.
2.6 Submissions filed by representatives of some of the occupants of the encampment
asserted that the by-law was a violation of the Canadian Charter of Rights and
Freedoms (the “Charter”).
2.7 In evaluating the evidence, the Court held that the risk assessment was insufficient to
justify the clearing of the encampment.
Municipality of Clarington Page 5
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2.8 The Court further held that it was not satisfied that adequate shelter spaces were
available in the Region, and in the absence of adequate shelter spaces the by-law was
held to be in violation of the Charter. To cite paragraph 149 of the decision, “the
homeless of the Region have no place to live, rest and sleep without severe risk to their
health caused, in part, by the by-law’s prohibition to erecting any form of shelter on the
Region’s land”.
2.9 A further factor in the decision was the Court’s finding that the Region had failed to meet
the standard of outreach and support to the encampment occupants that was set out in
its own Encampment Policy.
2.10 In the disposition of the case, the Court declared that the by-law was in violation of the
Charter in that it deprived the occupants of the encampment of life, liberty and security
of the person, and that the by-law is inoperative insofar as it would prevent the residents
of the encampment “from living on and erecting temporary shelters … when the number
of homeless persons exceeds the number of available shelter beds in the Region”.
2.11 Interestingly, the decision also held that it was open for the Region to apply to have th e
finding reversed in the future upon the Region satisfying the Court that the by-law no
longer violates the Charter. Presumably, this means that the by-law would again be
valid and enforceable if the Region can come back and demonstrate it has attained the
adequate number of available and accessible shelter spaces.
City of Kingston v. Doe
2.12 In another recent case, the City of Kingston made a similar application to the Ontario
Superior Court to seek enforcement of its Parks By-law to dismantle an encampment
that has become a persistent source of a variety of problems for the City.
2.13 The location in question was within a large urban park. Uncoincidentally, the location
was also near the offices of several homelessness and poverty reduction services,
including the City’s Integrated Care Hub, a city-funded service provider offering
consumption services, drop-in health care, and short-term shelter.
2.14 At the time of the City’s application, the encampment consisted of approximately 27
tents or other makeshift structures, and 35 occupants, and was situated in the middle of
an emergency route called Belle Park Drive.
2.15 As in the Waterloo decision, the Court expressed concern that the by-law provisions did
not properly balance the City’s objectives with the rights of unsheltered individuals to
avoid serious risk of injury or death by erecting shelter overnight when they have no
other alternatives.
Municipality of Clarington Page 6
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2.16 The Court was again persuaded that the municipal by-law was in breach of the Charter
to the extent that it prohibits homeless persons from erecting a temporary overnight
shelter in public parks when the number of unsheltered individuals exceed the number
of accessible shelter spaces.
2.17 Particularly helpful in the decision was the Court’s clarification in paragraph 102 that
there is no right to a permanent encampment in any specific area of the municipality; it
was only the absolute prohibition was held to be unconstitutional. Also helpful was the
comment in the same paragraph expressing the view that if there were sufficie nt beds to
house the unsheltered population in the municipality, the by-law would no longer be in
breach of the Charter, and the municipality would be entitled to enforce its prohibition.
2.18 The case also helps to highlight several pitfalls that can potential ly be avoided in crafting
municipal by-laws to regulate encampments. For example, the Court was critical of the
lack of a clear definition of “camping” within the Kingston by-law. As well, the Court took
issue with the absence of an express provision of the purpose and objective of the
Kingston by-law and the judge took it upon himself to assign a legislative objective as he
saw fit. Other municipalities seeking to regulate encampments would be well advised to
avoid these same mistakes.
2.19 While the decision provides clarification in some areas, in other areas it introduces
further uncertainty.
2.20 For instance, the issue of overnight versus daytime shelter is discussed at some length,
but ultimately no guidance is provided on whether the effect of the Charter ruling
extends to all hours of the day or is only limited to the overnight period. However, the
Court declined to limit its declaration of unconstitutionality to only the overnight period,
thus leaving the door open to future rulings. If social and judicial trends continue, it may
only be a matter of time before daytime sheltering is also brought under the protection of
the Charter.
Court Cases from British Columbia
2.21 Until recently, issues related to the regulation of encampments have been more
pronounced in the Province of British Columbia, where the Courts have issued several
rulings that have come to be known as the “right to shelter” cases. The recent Ontario
decisions reflect many of the same principles found in the BC decisions.
2.22 The essence of the BC decisions is the establishment of a constitutional right to shelter
oneself when the number of homeless persons exceeds the number of available and
accessible indoor shelter spaces within a given jurisdiction.
Municipality of Clarington Page 7
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2.23 There is some indication that by-law provisions to prohibit encampments may be valid
where it can be demonstrated that there are adequate shelter spaces available. At least
two Ontario decisions have followed this reasoning (Black v. Toronto, and Poff v. City of
Hamilton). However, these decisions date back to 2020 and 2021, and time will tell
whether the more recent Ontario decisions have introduced a higher standard for
municipalities that seek to displace encampment occupants.
2.24 The BC rulings also suggest that by-law provisions to prohibit encampments from
certain locations may well be valid if provision is also made for appropriate alternative
designated areas.
3. Analysis
3.1 With the combined rulings in the Waterloo and Kingston cases, it is now reasonably well
established that municipal-wide enforcement of an absolute prohibition on erecting
temporary overnight shelter in municipal parks would violate s. 7 of the Charter.
3.2 Many municipalities in the Province have by-law provisions similar to those that have
been found to be in violation of the Charter, and it is increasingly obvious that these
provisions will not withstand a legal challenge.
3.3 To avoid judicial censure, by-laws to regulate encampment will need to avoid provisions
of arbitrariness, overbreadth, and gross disproportionality. Special care will be needed
to draft by-law amendments to be more sensitive to the changing social and legal
landscape.
3.4 This is an emerging issue, and outcomes are not entirely forese eable at this stage, but
there is now enough guidance available in the Court decisions to identify some by -law
changes that are clearly needed.
3.5 The Parks By-law should be amended to clearly articulate a purpose/objective. That
objective should be to protect and preserve outdoor municipal spaces for their intended
use as active and passive recreation. However, the current absolute prohibition on all
overnight emergency shelters is not needed to achieve that purpose.
3.6 Definitions of “camping” and “temporary emergency shelter” should be added to the
Parks By-law to differentiate voluntary recreational activity from potentially live-saving
protection from the elements.
3.7 The definition of “park” should be modified to eliminate archaic language and to
emphasize the intended scope of applicability.
Municipality of Clarington Page 8
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3.8 While the use of temporary emergency shelters would no longer be absolutely
prohibited, there should continue to be an emphasis on avoiding encampments in
locations that are unsafe, interfere with other important activities, or represent an
unreasonable public nuisance. Draft regulations have been proposed that would direct
encampments away from these areas. The draft regulations also stipulate some
minimum health and safety requirements. Although the author is not an expert in the
fields of public health or medicine, it is submitted that the regulations have been
carefully considered and they represent a reasonable balance of the competing
interests involved.
3.9 A recurrent theme of the Court decisions is the principle that prohibitions on emergency
overnight shelters will be at risk of a Charter violation in circumstances where there is a
lack of suitable alternative accommodation. Therefore, the key to any enforcement may
be to demonstrate that the Region has an adequate number of available and accessible
shelter spaces. However, even this may not be a guarantee, due to comments made in
the Kingston decision casting doubt on the ability to estimate the ever-fluctuating
homeless population and the difficulty of making a proper assessment about whether
available shelter spaces are accessible. Staff will need to continue to monitor this
emerging issue to determine the need for future amendments.
3.10 It is acknowledged that, to be fully consistent with judicial guidance and the approach in
other urban municipalities around the Province, any enforcement response will need to
be undertaken in close collaboration with the Region of Durham Social Services
Department and the Durham Regional Police Service. To further enhance these
relationships, and to ensure standardization of our approach, Staff will develop a written
protocol to clearly articulate a consistent methodology that is sensitive to the complexity
of the encampment issue.
3.11 The protocol will not be enacted as a by-law but rather it will be an administrative
document that outlines our standard operating procedure. Among other things, it will
seek to ensure that the risks associated with an eviction from a prohibited encampment
are balanced against the other objectives of the Parks By-law, and that efforts have
been made to connect encamped individuals with services to meet their needs.
3.12 The changes recommended in this Report are a sincere effort to reform outdated
provisions in the Parks By-law, and to establish a proactive approach to the regulation
of encampments that does not result in an unconstitutional deprivation of the right to life,
liberty, or security of the person.
Municipality of Clarington Page 9
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4. Financial Considerations
Not Applicable.
5. Strategic Plan
Report LGS-008-24 contributes to the Municipality’s understanding of its role in relation
to issues of housing and homelessness, and as such is relevant to the following
Strategic Plan Priorities:
C.2.2 – Support and invest in the creation of housing to meet the needs of the
community.
C.2.5 – Support the proactive management of community safety and well-being.
6. Concurrence
Not Applicable.
7. Conclusion
Recent court decisions have made it clear that municipalities need to be sensitive to
human rights when attempting to regulate encampments. The information and
recommendations contained in this report are a proactive effort to align Clarington’s
Parks By-law with the requirements of the Canadian Charter of Rights and Freedoms.
Staff Contact: Rob Maciver, Deputy CAO/Solicitor, 905-623-3379 or rmaciver@clarington.net.
Attachments:
Attachment 1 – Parks By-law Amendment - Draft
Interested Parties:
The following interested parties will be notified of Council's decision:
Stella Danos-Papaconstantinou, Commissioner of Social Services
Lisa McIntosh, Director of Income, Employment and Homelessness Supports
Jocelyn Siciliano, Area Manager of Homelessness Direct Delivery Team
Sahar Foroutani, Area Manager of Homeless System Team
Brandy Henderson, Region of Durham
Inspector Stefanie Finateri, Durham Regional Police Service
Staff Sergeant Amanda Hoover, Durham Regional Police Service
Rileigh Bint, Durham Regional Police Service
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2024-XXX
Being a by-law to promote the safe and orderly use of public spaces, to protect
infrastructure, to maintain the functional integrity of public spaces, and to prevent
nuisance within public spaces, as well as adjacent private property, and to repe al
By-law 2006-126
Whereas subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes the Municipality of Clarington to pass by-laws respecting the health, safety
and well-being of persons, as well as protection of persons and property;
And Whereas it is in the public interest to enact a by-law to regulate and protect public
spaces in the Municipality of Clarington;
Now therefore the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
Definitions
1. For the purpose of this By-law,
(a) “authorized sign” means any sign, notice, or other device placed or
erected in or upon a park, under the authority of this By-law;
(b) “camping” means recreational overnight habitation in a tent, or other
temporary or permanent structure or accommodation, but does not include
a temporary emergency shelter;
(c) “Council” means the Council of the Municipality of Clarington;
(d) “damage” means break, injure, deface, move or remove;
(e) “Deputy CAO” means the Deputy CAO/Public Services of the
Municipality of Clarington or his/her designate;
(f) “designated area” means an area defined or constructed for a specific
use which may include posted conditions;
(g) “Enforcement Officer” means a Police Officer or a Municipal Law
Enforcement Officer whose duties include the enforcement of this By-law;
(h) “liquor” means liquor as defined by the Liquor Licence and Control Act,
2019, S.O. 2019, c. 15, Sched. 22;
(i) “motor vehicle” means a motor vehicle within the meaning of the
Highway Traffic Act, R.S.O. 1990, c.H8 as may be amended from time to
time;
(j) “motorized recreation vehicle” includes a snowmobile, go-cart, trail
bike, mini bike, all-terrain vehicle, or similar vehicle, propelled or driven by
an internal combustion engine;
(k) “Municipality” means the Corporation of the Municipality Clarington, or
its geographical area, as the context requires;
(l) “person” means means an individual or a corporation, and “persons” has
a corresponding meaning
(m)“public space” means any publicly accessible open space owned or
otherwise controlled by the Municipality, including any features or
amenities located thereupon;
(n) “parking lot” means any area or a tract of land designated for the parking
of vehicles;
(o) “parking space” means a portion of the surface of a parking lot
designated by suitable markings for the purpose of parking a vehicle,
exclusive of aisles;
(p) “permit” means any written authorization of Council, a Committee
established by Council, or the Director where such authority has been
delegated;
(q) “resident” means residents of the Municipality of Clarington;
(r) “temporary emergency shelter” means a temporary, portable shelter,
including a tent, used for overnight emergency protection from the
elements that is used out of necessity due to the unavailability of
accessible shelter space within the Regional Municipality of Durham, but
does not include daytime use of such shelters;
(s) “vegetation” means any flower, plant material, shrub or tree;
(t) “vehicle” includes a motor vehicle as defined under the Highway Traffic
Act, R.S.O. 1990, c.H8, as may be amended form time to time, and any
bicycle, carriage, wagon, sleigh or other vehicle or conveyance of every
description, whatever the mode of power, but excludes wheelc hair or
similar device (powered or otherwise) used by an individual due to a
disability, baby carriage or cart, child’s wagon, child’s stroller, child’s sleigh
or other conveyance of like nature.
Purpose
1.1 Pursuant to Subsection 11(2) of the Municipal Act, 2001, the objective of this
By-law is to promote the safe and orderly use of public spaces, to protect
infrastructure, to maintain the functional integrity of public spaces, and to
prevent nuisance within public spaces, as well as adjacent private prop erty.
Hours of Operation
2. Except as otherwise expressly provided by this By-law:
(a) All public spaces shall be closed from dusk until dawn unless
otherwise posted or permitted, or for the purpose of temporary
emergency shelter.
(b) Notwithstanding the foregoing, public spaces may be opened at
any time upon permission of the Deputy CAO.
(c) During any period when a public space is closed, no vehicle shall
remain on the property.
(d) During the time a public space is closed, as herein before provided,
no person except a Police Officer or a Municipality of Clarington
employee, while on duty, shall enter or remain within the public
space and, during such period, no person shall leave a vehicle
owned or operated by him/her within the public space.
Conduct
3. While in any public space, no person shall;
(a) indulge in any riotous, boisterous, violent, threatening, or illegal
conduct or use profane or abusive language;
(b) cast, throw, or in any way propel any object in such a manner as
may, or does, endanger or cause injury or damage to any person or
property;
(c) create a nuisance by loitering, spying, accosting, frightening,
annoying or otherwise disturbing other persons; or
(d) create a nuisance or in any way interfere with the use or enjoyment
of the public space by other persons.
Firearms and Weapons
4. While in any public space, no person shall be in possession of or use any
firearm, replica guns, air gun, bow and arrow, axe or offensive weapon of any
kind unless authorized by permit.
Fireworks
5. While in any public space, no person shall ignite, discharge or set off any
firecrackers, rockets or other fireworks except as a fireworks display
authorized by permit.
Injury and Damage
6. While in any public space, no person shall:
(a) climb any building, structure or equipment, unless it is equipment
intended by the Municipality for climbing;
(b) damage any vegetation or any building, structure, equipment or
other property of the municipality;
(c) unless authorized by permit, climb, move or remove the whole or
any part of rocks, boulders, rock faces, vegetation, or remove any
soil, sand or wood;
(d) in any manner, disturb ground which is under repair, prepared for
planting, has been newly seeded or sodded or is in an area posted
to that effect; or
(e) drive, park a vehicle, walk, or engage in any other activity in an
area where it is prohibited.
Waste and Pollution
7. While in any public space, no person shall;
(a) dispose or dump garbage or litter, except that which is generated
through the reasonable and customary use of the public space,
specifically excluding household waste, and shall only deposit
same in receptacles provided for such purpose.
(b) dispose of or dump yard waste, tree trimmings, or other organic
refuse except in an area designated by the Municipality for such
use;
(c) dump or deposit snow, fill, soil, building or construction materials,
unless authorized by permit; or
(d) dump or drain onto any soils or into the waters of any pool, pond,
lake, stream, fountain, or watercourse of any kind any material,
toxic or otherwise, which may have the effect of polluting same.
Protection of Wildlife
8. While in any public space, no person shall:
(a) kill, attempt to kill, maim, injure, trap or disturb any wildlife;
(b) touch, injure or remove any nest or egg there from; or
(c) feed any wildlife.
Encroachment
9. Unless authorized by permit or agreement, no person shall encroach upon or
take possession of any public space by any means whatsoever, including the
construction, installation or maintenance of any fence or structure, the
dumping or storage of any materials or plantings, cultivating, grooming or
landscaping, thereon.
Alcohol
10. While in any public space, no person shall consume, serve, or sell liquor, or
alcoholic beverages unless authorized by permit and with the approval of the
Liquor Licence Control Board of Ontario.
Campfires and Barbeques
11. While in any public space, no person shall:
(a) light, build, or stoke an open fire or bonfire unless authorized by
permit;
(b) use charcoal or solid fueled portable barbecues unless authorized
by permit or where posted to allow same;
(c) use fuel other than charcoal or briquettes in stationary barbecues;
or
(d) leave a barbeque or campfire without extinguishing the fire and
ensuring that the embers are cold.
Organized Gatherings and Picnics
12. While in any public space, no person shall:
(a) unless authorized by permit, hold a picnic, organized gathering or
event for more than twenty-five persons; or
(b) interfere with a picnic, organized gathering or event authorized by
permit.
Noise Amplification
13. Unless authorized by permit, no person shall operate loudspeakers or
amplifying equipment in any public space.
Camping and Lodging
14. Unless authorized by a permit, no person shall engage in camping in any
public space.
Temporary Emergency Shelters
15. Unless authorized by a permit, no person shall place, install, or erect any tent,
building, structure, or accommodation, in any public space, save and except
for a temporary emergency shelter.
15.1 Every person who places, installs, erects, or makes use of a temporary
emergency shelter in a public space shall comply with the provisions
contained in Schedule “A” of this By-law.
Swimming and Bathing
16. While in any public space, no person shall:
(a) swim in any public swimming pool, except at times designated for
swimming;
(b) fail to abide by posted signs in or adjacent to any swimming pool, or
to obey the instructions of any lifeguard or other authorized person;
or
(c) swim, bathe, or wade in any fountain, pond, lake or stream, except
in a designated area.
Use of Washrooms and Changing Rooms
17. No person shall enter any portion of any washroom, bathhouse, or changing
room in any public space with a camera or electronic equipment capable of
replicating images.
Organized Sports or Activities
18. While in any public space, no person shall utilize a designated area without a
permit where the requirement to obtain a permit is in force.
Fishing
19. No person shall partake in fishing in any public space where it is prohibited.
Golfing
20. While in any public space, no person shall play or practice golf or strike a golf
ball.
Drones, Model Aircraft and Rockets
21. While in any public space, no person shall operate any drones, powered
model aircraft, rockets, watercraft, or vehicles unless authorized by permit.
Gliders and Hot Air Balloons
22. Unless authorized by permit, no person shall tether, launch, or land any hot
air balloon, hand glider, ultra-light aircraft, or similar conveyance in any public
space.
Skating
23. No person shall erect any outdoor ice surface in any public space unless
authorized by a permit, and subject following conditions:
(a) to abide by safety guidelines as set by the Municipality from time to
time;
(b) to inspect the rink daily to ensure structure and skate surface is as
safe as possible and maintain a log of inspections for review by
Municipality;
(c) to take any reasonable direction provided by the Municipality;
(d) to provide a hold harmless/indemnification agreement signed in
favour of the Municipality; and
(e) to provide proof of liability insurance in an amount not less than
$1,000,000 which includes the Municipality as an additional named
insured with respect to any liability arising out of the ice surface.
Skiing
24. No person shall ski, toboggan, snowboard, or sled in a ny area of a public
space where it has been prohibited by posted signage.
Rollerskates and Skateboards
25. While in any public space, no person shall:
(a) operate or utilize roller skates, skateboards, linear skates, heelies,
or like conveyances where posted to prohibit or otherwise restrict
the use of the same; or
(b) obstruct, inconvenience, or endanger other users of the park while
operating or utilizing roller skates, skateboards, linear skates,
heelies, or like conveyances.
Tennis
26. No person shall enter, walk, or play upon a designated area for tennis in any
public space, except in accordance with the posted rules and regulations.
Roadways
27.
(1) The Deputy CAO is authorized to establish appropriate regulations
to regulate the use of any roadway within a public space.
(2) Unless authorized by permit, and except for bicycles, no person
shall, while in any public space, drive, operate, pull or ride any
vehicle except on a roadway or parking area.
Parking
28. While in any public space, no person shall:
(a) park or leave a vehicle except in a designated area for parking;
(b) park or leave a vehicle between the hours of 11:00 p.m. and 5:00
a.m., except in a designated area allowing for such overnight
parking, or where authorized by permit;
(c) stop or park a vehicle in a designated area for parking, except in a
parking space and in accordance with posted conditions;
(d) stop or park a vehicle in a designated disabled parking space,
unless a disabled person parking permit issued in accordance with
the provisions of the Highway Traffic Act, R.S.O. 1990 c.H.8, as
may be amended form time to time, is properly displayed on or in
the vehicle; or
(e) use any parking space except while using the public space.
Roadways Continued
29. No person shall make use of any roadway or parking lot in any public space
for:
(a) washing, cleaning, servicing, maintaining or, except in the event of
an emergency, the repair of any vehicle; or
(b) instructing, teaching or coaching any person in the driving or
operation of a motor vehicle.
Bicycles
30. While in any public space, no person shall:
(a) ride, operate or be in possession of any bicycle where posted to
prohibit same; or
(b) obstruct, inconvenience, or endanger other users of the park while
riding or operating a bicycle.
Motorized Recreation Vehicles
31. No person shall ride, drive, park or be in possession or control of a motorized
recreation vehicle in any public space except in a designated area.
Trucks and Commercial Vehicles
32. No person shall drive, operate, pull or ride in any public space:
(a) any heavy machinery or equipment of any description and whatever
the mode of power; or
(b) any truck, trailer, or bus whatsoever except a vehicle that is being used
for the purpose of making a delivery to a point within the limits of the
public space while it is proceeding to or from such point of delivery.
Speed
33. Unless authorized by permit, while in any public space, no person shall
operate:
(a) any vehicle on a roadway at a speed more than the posted limit; or
(b) a bicycle other than on a roadway at a speed more than 20 kilometers
per hour.
Trade, Business, or Sale of Merchandise
34.
(1) Unless authorized by permit or applicable license, no person shall,
while in any public space, sell or offer or display for sale:
(a) any food, drink or refreshment;
(b) any goods, wares, merchandise, or articles including promotional
material, souvenirs, and novelties; or
(c) any art, skill, service, or work.
(2) While in any public space, no person shall practice, carry on, conduct,
or solicit for any trade, occupation, business, or profession unless
specifically authorized by the Municipality.
Advertising
35. No person shall post, nail, attach, stencil, or otherwise fasten or erect any
poster, sign, notice, placard or other circular, bill, advertisement , or paper
within a public space unless expressly permitted.
Permits
36. Any permit issued under authority of this By-law:
(a) may be subject to such fees as Council shall from time to time
establish;
(b) may include conditions as to time, location, area, equipment,
number of participants, type of activities, release, indemnity and
insurance coverage;
(c) shall not relieve any person from the necessity of acquiring any and
all other licenses or permits required for such activity by any
government or public authority; and
(d) shall not be issued if same would result in the contravention of
other applicable law.
Signage
37. The Deputy CAO is authorized to post signage of permission, regulation,
restriction, warning or prohibition with respect to uses of or activities in any
public space in accordance with the provisions of this By-law.
Temporary Closure
38.
(1) The Deputy CAO is authorized to close off for such temporary
periods as they deem appropriate, any public space or part or parts
thereof to relieve or prevent overcrowding or traffic congestion, or in
the interests of public safety, or as may otherwise be authorized by
Council.
(2) The Municipality may, at any time when it is deemed advisable to
do so, close any public space, and may require the payment of a
fee by any person desiring to enter any such public space and no
person shall enter without first paying the fee for admission, to a
person duly authorized by the Municipality for the collection of such
fee.
(3) The Deputy CAO is authorized to post signage of permission,
regulation, restriction, warning, or prohibition with respect to uses of
or activities in any public space in accordance with the provisions of
this By-law.
Exemptions
39. This By-law shall not apply to:
(a) the drivers, operators or other personnel of ambulance, police or
fire department vehicles, or the riders or attendants of police
department horses, while engaged in the performance of their
duties;
(b) employees or agents of the municipality while engaged in works or
services undertaken for or on behalf of the municipality; or
(c) a park, property or building that is now or hereafter under the
jurisdiction of a board established by the Council or by statute, the
members of which are appointed by Council.
Enforcement
40. Where any person contravenes any provision of this By-law, an Enforcement
Officer may direct such person to comply with this By-law. Every person so
directed shall comply with such direction without delay.
Powers of Entry and Removal
41. An Enforcement Officer, whether alone or accompanied by an individual
possessing special or expert knowledge or skills, may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
(a) this By-law;
(b) a direction or order of the Municipality made under the Municipal
Act, 2001, S.O. 2001, c. 25 or this By-law; or
(c) an order made under section 431 of the Municipal Act, 2001, S.O.
2001, c. 25.
42. An Enforcement Officer, upon discovery of any vehicle parked or standing in
a public space in contravention of this By-law may cause it to be moved or
taken to and placed or stored in a suitable place and all costs and charges for
removing, care and storage thereof, if any, are a lien upon the vehicle which
may be enforced in the manner provided by the Repair and Storage Liens
Act, R.S.O. 1990, c.R.25, as may be amended from time to time, or any
successor acts thereto.
43. For the purposes of an inspection under this By-law, an Enforcement Officer
may:
(a) require the production for inspection of documents or things
relevant to the inspection;
(b) inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
(c) require information from any person concerning a matter related to
the inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
44. In addition to any other provision of this By-law, and subject to the provisions
of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of
the peace may issue an order authorizing the Municipality to enter on land,
including a room or place actually being used as a dwelling, for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
(a) this By-law;
(b) a direction or order of the Municipality made under the Municipal
Act, 2001, S.O. 2001, c. 25 or this By-law; or
(c) an order made under section 431 of the Municipal Act, 2001, S.O.
2001, c. 25.
Obstruction
45. No person shall provide false information or give a false statement to an
Enforcement Officer, employee and/or agent of the Municipality in the lawful
exercise of a power or duty under this by-law.
46. No person shall hinder or obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Enforcement Officer, employee and/or agent of the
Municipality in the lawful exercise of a power or duty under this by-law.
Offences and Penalties
47. Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for by the Provincial
Offences Act, R.S.O. 1990, Chapter P.33, as amended.
48. Pursuant to the authority established in section 429(2) of the Municipal Act,
2001, S.O. 2001, c. 25, every person who contravenes any provision of this
By-law is guilty of an offence and upon conviction pursuant to Part III of the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, shall be
subject to the following penalties:
(a) Upon a first conviction is liable to a fine of not more than $25,000;
and
(b) Upon subsequent conviction(s) is liable to a fine of not more than
$100,000.
49. Each day on which a person contravenes any provision of this By-law shall be
deemed to constitute a separate offence under this bylaw as provided for in
section 429(2) of the Municipal Act, S.O. 2001, c. 25.
50. Where any person contravenes any provision of this By-law, such person
shall be responsible for all costs incurred by the Municipality directly related to
the contravention.
Severability
51. Each section of this By-law is an independent section, and the holding of any
section or part of any section of this By-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other sections of this
By-law.
Conflict
52. In the event of a conflict of a conflict between any provision of this By-law and
any applicable Act or regulation, the provision that is the most restrictive
prevails.
Schedules
53. The following Schedules are attached to and form an integral part of this By-
law:
Schedule “A” – Regulations for Temporary Emergency Shelters
Schedule “B” – Set Fines
Short Title
54. This By-law may be referred to as the “Public Spaces By-law”.
Repeal
55. By-law 2006-126, as amended, is repealed on the date this By-law becomes
effective.
Effective Date
56. This By-law shall be effective on the date that it is passed.
Passed in Open Council this XX day of MMMM, 2024.
_______________________________
Adrian Foster, Mayor
_______________________________
June Gallagher, Municipal Clerk
Schedule “A” – Regulations for Temporary Emergency Shelters
Preamble
All interactions with Clarington’s unsheltered population will be lead with a human-
centered, housing first, health-focused, rights-based approach. All Staff actions will be
guided by a commitment to upholding the human rights and human dignity of all
individuals who experience housing insecurity. Staf f will also work to build mutual
understanding and respect, effective communication, and empathy. With that
understanding, it is also vital that regulations be applied to temporary emergency
shelters both to protect the health and safety of the occupants and to prevent any
unnecessary conflicts with other members of our community and our local businesses
and service providers.
Minimum Separation
1. No person shall place, install, erect, locate, or make use of a temporary
emergency shelter less than 50 metres f rom any other temporary emergency
shelter.
2. Notwithstanding the above section, individual temporary emergency shelters may
form a cluster not to exceed three individual temporary emergency shelters.
Prohibited Locations
1. No person shall place, install, or erect, locate, or make use of a temporary
emergency shelter:
(a) on, or within 50 meters of, any public or private school or daycare centre;
(b) on, or within 50 meters of, any playground, pool, waterpark, splash pad,
playing field, tennis/basketball/pickleball court, cricket pitch, skate park,
ice rink, picnic shelter, gazebo, cenotaph, bandshell, amphitheater,
bleacher, grandstand, patio, boat launch or other public amenity or
programmed area;
(c) within 5 meters of, any private property boundary;
(d) on, or within 5 meters of, any transit stop or a highway and specifically
including a sidewalk, boulevard, or bridge or tunnel being part of such
highway;
(e) on, or within 5 meters of, any property designated pursuant to the Ontario
Heritage Act;
(f) on, or within 5 meters of, any off -leash dog area;
(g) on, or within 5 meters of, any cemetery lands, including its roads, lanes
and paths of travel;
(h) on any community garden and including any garden shed or greenhouse;
(i) on any sidewalk, trail, pathway, or parking lot or on, or under, any bridge,
including pedestrian access points to such areas and structures;
(j) on, or within, any designated fire route, or the entrance to or exit from a
designated fire route, or located so as the block any fire hydrant;
(k) on, or within 5 meters of, any entrance, exit or a doorway to a building or
structure, and including, without limiting the generality of the foregoing, an
area adjacent to such entrances or exits required in the event of fire or
emergency;
(l) on, or within, any accessibility entrance or ramp, or located in a way that
impedes access to such entrances or ramps;
(m) on, or within, any area at imminent risk of flooding, erosion, slope
instability, or other environmental hazards, or in any area that poses an
immediate risk to human health or safety;
(n) against, under, or attached, or tied to any building or permanent structure;
or
(o) in any other location that unreasonably interferes with a governmen t
service, private business, public safety, or customary use and enjoyment
of public or private property.
Maximum Area of Occupation
2. The total area of occupation for an individual temporary emergency shelter and
associated belongings shall not exceed 9 m2, and the total area for a cluster of
up to three temporary emergency shelters and associated belongings shall not
exceed an area of 27 m2.
3. Any items located outside of the allotted personal space area would be subject to
immediate removal by Municipal staff.
Schedule “B” – Set Fines
Municipality of Clarington
PART I Provincial Offences Act
By-law #2024-XXX: Public Spaces By-law
Page 1 of 3
Item Column 1
Short Form Wording
Column 2
Provision creating or
defining Offence
Column 3
Set Fine
1 Enter/remain in public space when public space is closed s. 2. (d) $ 150.00
2 Allow vehicle to remain in public space when public space is closed s. 2. (d) $ 150.00
3 Indulge in riotous/boisterous/violent/threatening/illegal conduct in public space s. 3. (a) $ 250.00
4 Use profane/abusive language in public space s. 3. (a) $ 250.00
5 Loiter/accost/frighten/annoy/disturb person in public space s. 3. (c) $ 250.00
6 Interfere with use or enjoyment of public space s. 3. (d) $ 250.00
7 Possess firearm/replica gun/air gun/bow and arrow/axe in public space s. 4. $ 500.00
8 Discharge fireworks in public space s. 5. $ 250.00
9 Climb building/structure/equipment not designated for climbing in public space s. 6. (a) $ 150.00
10 Damage vegetation/municipal property in public space s. 6. (b) $ 250.00
11 Climb/move/remove rocks/rock faces/boulders/vegetation/soil/sand/wood in public space s. 6. (c) $ 150.00
12 Disturb ground under repair work in public space s. 6. (d) $ 150.00
13 Disturb ground prepared for planting in public space s. 6. (d) $ 150.00
14 Disturb newly seeded or sodded ground in public space s. 6. (d) $ 150.00
15 Drive/park/walk/engage in activity in prohibited area s. 6. (e) $ 250.00
16 Dispose/dump garbage/litter not generated through reasonable customary use of public space s. 7. (a) $ 250.00
17 Dispose/dump yard waste/tree trimmings/organic waste in public space s. 7. (b) $ 250.00
18 Dump/deposit snow/fill/building or construction materials in public space s. 7. (c) $ 250.00
19 Dump/drain any materials onto soil or into waters in public space s. 7. (d) $ 250.00
20 Kill/maim/injure/trap/disturb any wildlife in public space s. 8. (a) $ 350.00
21 Touch/injure/remove any nest or egg there from in public space s. 8. (b) $ 350.00
“NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-XX, a certified copy of which has been filed.”
Municipality of Clarington
PART I Provincial Offences Act
By-law #2024-XXX: Public Spaces By-law
Page 2 of 3
22 Feed wildlife in public space s. 8. (c) $ 150.00
23 Encroach upon/take possession of a public space by any means s. 9. $ 400.00
24 Consume/serve/sell liquor in public space s. 10. $150.00
25 Light/build/stoke open fire or bonfire in public space without permit s. 11. (a) $ 250.00
26 Use charcoal or solid fueled portable barbecues where prohibited by posted signage without permit s. 11. (b) $ 200.00
27 Use charcoal or solid fueled barbecue in public space without permit s. 11. (b) $ 200.00
28 Use fuel other than charcoal or briquettes in stationary barbecues in public space s. 11. (c) $ 200.00
29 Fail to extinguish barbecue/campfire s. 11. (d) $ 250.00
30 Hold picnic/organized gathering/event for more than 25 persons in public space s. 12. (a) $ 250.00
31 Interfere with authorized picnic/organized gathering/event in public space s. 12. (b) $ 250.00
32 Operate loudspeakers/amplifying equipment in public space s. 13. $ 300.00
33 Camping in public space s. 14. $ 250.00
34 Place/install/erect a tent/building/structure in public space s. 15. $ 300.00
35 Fail to comply with a provision of Schedule “A” s. 15.1 $ 150.00
36 Swim in public pool outside designated time s. 16. (a) $ 150.00
37 Fail to abide by posted signs in or adjacent to swimming pool in public space s. 16. (b) $ 150.00
38 Fail to obey instruction of lifeguard or designated person in swimming pool s. 16. (b) $ 150.00
39 Swim/bathe/wade in area not designated for swimming s. 16. (c) $ 150.00
40 Enter washroom/bathhouse/change room with camera s. 17. $ 500.00
41 Utilize designated area without permit s. 18. $ 250.00
42 Partake in fishing where prohibited s. 19. $ 200.00
43 Play/practice golf or strike golf ball in public space s. 20. $ 150.00
44 Operate drone/power model aircraft/rocket/watercraft/vehicle in public space s. 21. $ 150.00
45 Tether/launch/land hot air balloon/hand glider/ultra-light aircraft/conveyance in public space without permit s. 22. $ 150.00
“NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-XX, a certified copy of which has been filed.”
Municipality of Clarington
PART I Provincial Offences Act
By-law #2024-XXX: Public Spaces By-law
Page 3 of 3
46 Erect outdoor ice surface in public space without permit s. 23. $ 250.00
47 Ski/toboggan/snowboard/sled in posted prohibited area in public space s. 24. $ 150.00
48 Use roller skates/skateboard/linear skates/heelies in prohibited area in public space s. 25. (a) $ 150.00
49 Obstruct/inconvenience/endanger public space users while utilizing roller skates, skateboards, linear
skates, heelies, or like conveyances
s. 25. (b) $ 200.00
50 Enter/walk/play tennis in designated tennis area contrary to posted signs in public space s. 26. $ 150.00
51 Drive/operate/pull/ride vehicle off roadway or parking area in public space s. 27 (2) $ 200.00
52 Use roadway/parking lot in public space for instructing/teaching/coaching a person to drive s. 29. (b) $ 150.00
53 Ride/operate/possess bicycle in posted prohibited area s. 30. (a) $ 150.00
54 Obstruct/inconvenience/endanger public space users while riding/operating a bicycle s. 30. (b) $ 200.00
55 Ride/drive/park/possess motorized recreational vehicle in area not designated s. 31. $ 200.00
56 Drive/operate/pull/ride heavy machinery/equipment in public space s. 32. (a) $ 150.00
57 Drive/operate/pull/ride truck/trailer/bus while not on delivery s. 32. (b) $ 150.00
58 Operate bicycle not on roadway in excess of 20 kph in public space s. 33. (b) $ 150.00
59 Sell/offer/display for sale food/drink/refreshment in public space without permit s. 34. (1) (a) $ 250.00
60 Sell/offer/display for sale goods/wares/merchandise/articles in public space without permit s. 34. (1) (b) $ 250.00
61 Sell/offer/display for sale art/skill/service/work in public space without permit s. 34. (1) (c) $ 250.00
62 Carry on/solicit for unauthorized trade/occupation/business/profession in public space s. 34. (2) $ 400.00
63 Post/attach/fasten poster/sign/notice/placard/bill/advertisement/paper within public space s. 35. $ 250.00
64 Provide false information to an officer s. 45. $ 500.00
65 Hinder or obstruct officer/employee/agent of Municipality s. 46. $ 500.00
“NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-XX, a certified copy of which has been filed.”