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Clerk's
Report
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Report To: Joint General Government and Planning and Development Committee
Date of Meeting: December 10, 2018
Report Number: CLD-023-18
File Number:
Resolution: JC-047-18
By-law Number: 2018-100
Report Subject: Appointment of Municipal Law Enforcement Officers
Recommendations:
1. That Report CLD-023-18 be received; and
2. That the By-law, attached to Report CLD-023-18, as Attachment 1 to appoint all staff
whose duties include enforcement of Municipal By-laws as Municipal Law Enforcement
Officers be approved.
Municipality of Clarington
Report CLD-023-18
Report Overview
To appoint designated staff as Municipal Law Enforcement Officers, to eliminate the
requirement for Council to appoint officers with each staffing change.
1. Background
Page 2
1.1 Municipal Enforcement Officers have been appointed individually by Council under the
Police Services Act for the enforcement of Municipal Bylaws. In addition, Fire Prevention
Officers have been appointed for the purposes of enforcing parking provisions (Fire
Routes, Hydrants). Job descriptions, for staff hired to enforce Municipal by-laws,
expressly state that the duties of the position include the enforcement of [named
regulatory by-laws].
1.2 There tends to be a high turnover rate within Municipal Law and there is regular hiring of
temporary staff for enforcement of municipal bylaws. Some of these issues are also
present within the Fire Prevention Division. The hiring timeline does not always coincide
with the Council meeting schedule. Therefore, if the appointment of the Officer is by way
of a specific individual by-law, it could delay the appointment, thus delaying the new staff
person from executing their full enforcement duties.
2. Proposal
2.1 A general appointment by-law appointing staff hired to enforce Clarington's regulatory by-
laws will alleviate the requirement to bring the individual appointments of staff to Council
for each new member. This approach is a consistent approach to handling recent
appointments of private parking authorities to enforce the Municipality's parking
regulations. This general appointment approach has proven to be quite efficient while not
compromising our legal requirements.
2.2 Hiring practices for Municipal staff requires one year of related experience and graduation
from College in a related field. In addition to the required background knowledge,
education and experience for new hires, Municipal policies are in place to guide the
conduct of employees to ensure they work in a professional and ethical manner that is
conducive to being appointed as a Peace Officer. Municipal employees are also provided
additional training through the Municipal Law Enforcement Officers' Association of
Ontario (MLEOA) to receive certification as a Municipal Law Enforcement Officer.
2.3 To streamline the process for appointing Municipal staff whose responsibilities include the
enforcement of Municipal By-laws, it is recommended that a single appointment by-law
be enacted.
3. Concurrence
3.1 This report has been reviewed by the Director of Emergency and Fire Services and the
Municipal Solicitor who concur with the recommendations.
Municipality of Clarington
Resort CLD-023-18
4. Conclusion
Paae 3
4.1 Staff is committed to continuous improvement. Based on the foregoing it is
recommended that the draft by-law attached to this report be enacted which, if passed,
will eliminate the need for individual appointment by-laws for staff hired to fulfill
enforcement responsibilities.
Submitted by:
C. Anne Greentree, B.A., CMO,
Municipal Clerk
Reviewed by'
4wl�l
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Duncan Anderson, Manager Municipal Law Enforcement, 905-623-3379 or
danderson@clarington.net
Attachment:
Attachment 1: Appointment of Municipal Law Enforcement Officers By-law
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report
CLD-023-18
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2018-
Being a By-law to appoint all staff whose duties include enforcement of Municipal
By-laws as Municipal Law Enforcement Officers;
WHEREAS subsection 15(1) 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 subsection 15(2) of the Police Services Act, R.S.O. 1990, c. P.15,
provides that municipal law enforcement officers are peace officers for the purpose of
enforcing municipal by-laws;
AND WHEREAS subsection 1(1) of the Provincial Offences Act, R.S.O. 1990, c. P.33
defines "provincial offences officer" to include a by-law enforcement officer of any
municipality while in the discharge of his or her duties, and an officer, employee or
agent of any municipality whose responsibilities include the enforcement of a by-law, an
Act or a regulation under an Act, while in the discharge of his or her duties,
AND WHEREAS Council deems it desirable to appoint all staff whose responsibilities
include enforcement of Municipal Bylaws in order to carry out their duties as assigned
as Municipal Bylaw Enforcement Officers;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts as follows:
THAT an employee of the Municipality whose job description includes the
enforcement of Municipal By-laws is deemed to be appointed as a Municipal By-
law Enforcement Officer for the Municipality.
2. THAT an appointment under Section 1 is revoked upon the conclusion of
employment with the Municipality, or upon the transfer of employment to a
position that does not include the enforcement of Municipal By-laws in its
description.
Passed in Open Session this 17th day of December, 2018
Mayor Adrian Foster
C. Anne Greentree
Municipal Clerk