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HomeMy WebLinkAboutPD-55-91 REPORT #3 V THE CORPORATION OF rHF_TOWN OF NEWGASTI-E DNs REGIONAL.BYL REPORY Meeting COUNCIL File V Date Monday, March 11, 1991 Res 9 By-Low 1i Repoit 11 ___P.D-_55_-q1- Filo 9 Stililed ENFORCEMENT OF REGIONAL BY-LAWS R(,%omniendalioi is- It is respectfully recommended to Council the following: 1 . THAT Report PD-55-91 be received; 2 . THAT the Region of Durham be requested to table the Regional Commissioner's Report 91-P-18 and to convene a meeting between the Region and municipal staff from all eight (8) local municipalities to examine the issue of enforcement of Regional By-laws; and 3 . THAT the local municipalities within Durham Region be advised of Council's decision and a copy of the report be forwarded to same. REPORT: 1. ORIGIN: 1 . 1 on January 23, 1991, Regional Council passed the following resolution: "a) THAT the Councils of each area municipality be requested to indicate their willingness to enter into an agreement with the Region of Durham to provide enforcement of specified Regional by-laws within their municipality; 2 REPORT NO. : PD-55-91 PAGE 2 b) THAT the Region enter into an agreement with, and appoint by by-law, the area municipalities ' law enforcement officer(s) to enforce specified Regional by-laws with each willing area municipality. " 1. 2 At its meeting held on February 11, 1991, Town Council considered the above matter and referred it to Staff to investigate and report back. 2 . BACKGROUND: 2 . 1 The Region of Durham does not have any By-law Enforcement Officer to enforce its own by-laws . Apparently, the Region is relying on the Regional Police Force to carry out this task. Problems arose when by-law enforcement is not considered as priority by the Police Department and local Municipal Enforcement Officers have no jurisdiction to enforce Regional By-laws . 2 .2 The Town of Ajax has requested the Region to appoint its own By-law Enforcement Officer in order to afford the Town the authority to enforce a section of the Regional's Traffic By- laws pertaining to vending on Regional Roads . The Region, in its deliberation of the matter, decided to solicit all area municipalities their willingness to enter into an agreement with the Region to provide for enforcement of specific Regional By-laws . 2 . 3 On February 12, 1991, the Regional Commissioner of Planning presented a report to the Regional Planning Committee dealing with the preservation of woodlots under the Ontario Trees Act. . . . 3 REPORT NO. : PD-55-91 PAGE 3 Recommendation No. 2 of Report 91-P-18 stated as follows: "THAT Regional Council request the area municipalities to administer and enforce the Tree Cutting By-law in accordance with Section 8 of the By-law and the Regional Solicitor be instructed to prepare the appropriate service agreements for execution by the Region and area municipalities for the administration and enforcement of the By-law. " The said report was tabled until March 12, 1991 to be considered by a joint Region Planning and Works Committee. 3 . COMMENTS: 3 . 1 The issue of enforcement of regional by-laws by local by- law enforcement officers may appear straight forward. However, there are far-reaching implications to the local municipalities . In addition, there are many unanswered questions and several details need to be clarified. For example: a) Do the local by-law enforcement officers have the clear jurisdiction to enforce Regional By-laws? b) Why the Region of Durham hire its own By-law Enforcement Officers? c) If a local municipality were to enforce Regional By- laws, is there any financial compensation to the local municipalities which may have to hire additional Staff? d) Does the appointment of local by-law enforcement officers by Regional Council negate or pre-empt the hiring and firing power of the local municipalities? e) Is the enforcement of a specific section of the Region's Traffic By-law, and eventually the woodlot preservation by-law, leading to enforcement of other Regional By-laws? . . .4 REPORT NO. : PD-55-91 PAGE 4 f) What are the manpower implications to the local municipalities? 3 .2 The above are examples of some of the unanswered questions that require discussion and clarification. At this time, Staff cannot recommend Council to take any position on this matter until some meaningful dialogue are to take place between Regional and local Staff to review the various issues . Since the other local municipalities could be affected, Staff recommend the Region should convene a meeting between Regional Staff and Staff of all eight local municipalities as soon as possible, and further, the Region should not render any decision on the woodlot preservation by-law until the whole issue of by-law enforcement is dealt with satisfactorily with the local municipalities. Respectfully submitted, Recommended for presentation to the Committee tf F pp Franklin Wu, M.C. I .P. LawrenWnistrative Kotseff Director of Planning Chief and Development Officer FW*jip 4 March 1991