BC Freedom of Information and Privacy Association
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The Town of Niagara-on-the-Lake has laid out how bylaw complaints and inquiries will be reviewed, investigated and enforced under an updated enforcement policy.
Council unanimously received the information report last Tuesday.
Before the report, the town already enforced bylaws using an “engage, educate, then enforce” approach and accepted complaints through a public process outlined on its website.
The updated policy reviews, refreshes and enhances those practices, providing clearer guidance on how complaints and inquiries are handled, from initial review through to potential enforcement.
The policy requires all complaints and inquiries — which can come from the public, town staff or councillors — to be documented, creating a clear record of how enforcement decisions are made if a matter later proceeds to court.
It also sets out criteria officers will consider when deciding how to respond, including health and safety implications, potential property damage, impacts on the complainant and surrounding neighbourhood, staff availability and complaint history.
Complaints or inquiries are generally required to come from identified individuals. However, officers may initiate investigations on their own “if immediate health or safety threats are observed,” the report said.
If a violation is found, “an educational approach is prioritized where deemed appropriate,” it said.
Violations can also lead to proceedings under the Provincial Offences Act or fines issued through the town’s administrative monetary penalty system.
The policy outlines how complaints deemed frivolous or vexatious are handled, requiring such cases to be reviewed by management before staff resources are committed to a full investigation.
The identities of complainants are protected under provincial privacy laws, with disclosure occurring only if required through the court process.
The bylaw enforcement section of the town’s website will be updated for residents to review.
paigeseburn@niagaranow.com
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