A gap in bylaw enforcement authority has prompted the MD of Bonnyville to move quickly on new legislation, after administration discovered it lacked a formal bylaw allowing the chief administrative officer to appoint bylaw officers.

 

Issue Came as a Surprise to Administration

 

Council was informed during its Dec. 9 meeting that the situation was unexpected. Director of Public Safety Jeff Gandolfi told council it was “a bit of a surprise” to learn the MD did not have a bylaw in place that clearly authorizes the CAO to make bylaw officer appointments.

 

Gandolfi explained municipalities are required to ensure enforcement personnel are properly appointed in order to legally carry out bylaw enforcement duties. To meet provincial requirements under the Municipal Government Act, a formal bylaw was needed.

 

What the New Bylaw Does

 

The new legislation grants the CAO authority to appoint and, if necessary, revoke the appointment of bylaw enforcement officers. According to administration, this will ensure compliance with provincial legislation while allowing bylaw services to continue operating efficiently.

 

Gandolfi noted the change will add some administrative responsibility to the CAO’s office and require updates to internal policies and procedures, but said it was necessary to ensure the MD is operating within the law.

 

Questions from Council

 

Before making a motion for first reading, Coun. Josh Crick questioned why administration was requesting all three readings of the bylaw in a single meeting.

 

CAO Ben Berlinguette responded that the urgency stemmed from the fact that no bylaw currently existed.

 

“Because the bylaw is necessary and we simply don’t have one in place, it was felt we should get it before council as soon as possible,” Berlinguette said.

 

Ward 4 Coun. Ed Duchesne asked whether a specific incident had revealed the shortcoming.

 

Gandolfi said there was no triggering event, but rather a realization that an assumption had been made.

 

“There was an assumption that, being we were peace officers appointed by the province and employed by the municipality, that there was a connection there that allowed us to enforce municipal bylaws officially,” he said.

 

After consulting with other municipalities, administration learned most already had similar bylaws in place.

 

“We jumped on it right away and wanted to ensure we were on the right side of policy and legislation,” Gandolfi added.

 

Unanimous Approval

 

Bylaw 1925, the Bylaw Enforcement Officer legislation, received unanimous consent from council. In addition to clarifying appointment authority, the bylaw outlines the powers and duties of bylaw officers and establishes disciplinary procedures in cases where authority is misused.

 

With the bylaw now in place, the MD of Bonnyville is formally aligned with MGA requirements moving forward.