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Summer Village of White Sands, Bylaw 198-23
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SUMMER VILLAGE OF WHITE SANDS
BYLAW #199-23
BYLAW ENFORCEMENT OFFICER BYLAW
A BYLAW OF THE SUMMER VILLAGE OF WHITE SANDS, in the Province of Alberta, to establish
the powers and duties and disciplinary procedures relating to Bylaw Enforcement Officers in
their capacity as preservers and maintainers of the public peace.
WHEREAS pursuant to the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended
provides that a Council may appoint Bylaw Enforcement Officers;
AND WHEREAS the Municipal Government Act provides that if a Council does appoint Bylaw
Enforcement Officers, the Council shall establish a bylaw delineating the powers, duties and
disciplinary procedures for such officers and an appeal process for any disciplinary actions
brought forward against the Bylaw Enforcement Officer;
NOW THEREFORE THE COUNCSIL OF THE SUMMER VILLAGE OF WHITE SANDS, in the
province of Alberta, duly assembled enacts as follows:
1. This by-law shall be cited as the "Bylaw Enforcement Officer By-law."
2. In this bylaw the following words have the following meanings:
a) "Bylaws" means the by-laws of the Municipality;
b) "Bylaw Enforcement Officer" means a person or agency appointed as such by the
Village Council;
c) "Chief Administrative Officer" means the person appointed pursuant to By-law #231-
18 Council" means the Council of the Summer Village of White Sands;
d) "Municipal Government Act" means Revised Statutes of Alberta, 2000, Ch. M-26 as
amended time to time;
e) "Municipality" means the Summer Village of White Sands;
3. The Municipal Council of the Summer Village of White Sands is hereby authorized to
appoint a Bylaw Enforcement Officer;
4. The powers and duties of the Bylaw Enforcement Officer are as follows:
a) To ensure that the bylaws of the Municipality are enforced;
b) To report to the Council and Chief Administrative Officer or his/her designate and
carry out the directions of the Chief Administrative Officer;
c) To respond to and investigate complaints;
d) To issue warnings, tickets or tags for violations;
e) To assist in the prosecution of by-law contraventions including gathering of
evidence, the attendance of witnesses and any appearances in court that may be
required;
f) The Bylaw Enforcement Officer will be a designated officer for the purposes of
Section 555 and 556 the Municipal Government Act;
g) The Bylaw Enforcement Officer may delegate any of the powers, duties or functions
given to the Bylaw Enforcement Officer position by Bylaw, the Municipal Government
Act, or any other enactment to any employee or agent of the Summer Village;
h) The Bylaw Enforcement Officer is responsible to ensure that any re-delegation of
power, duty or function is properly exercised and carried out;
i) To take the official oath prescribed by the Oath of Office Act upon being appointed
as Bylaw Enforcement Officer and to carry upon his person at all such times he/she
is acting as chief Bylaw Enforcement Officer evidence in writing of his/her
appointment as Chief Bylaw Enforcement Officer of the Municipality;
5. Council hereby establishes a Bylaw Enforcement Committee to be composed as the
Chief Elected Official of Council of the Summer Village of White Sands;
6. The duties and responsibilities of the Bylaw Enforcement Committee are as follows:
a) To hear appeals from any decision of the Bylaw Enforcement Officer;
Summer Village of White Sands, Bylaw 198-23
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b) To investigate any reports of a breach of duties committed by the Bylaw
Enforcement Officer while carrying out his/her role as peace officer;
Where it is alleged that a Bylaw Enforcement Officer, in carrying out his/her duties as a peace
officer has committed a breach of duties, the committee shall hold a hearing to determine if the
Bylaw Enforcement Officer has committed a disciplinary default, as defined by this by-law, while
carrying out his/her duties;
7. Where the Committee intends to carry out a hearing to determine whether a Bylaw
Enforcement Officer has committed a disciplinary breach, the following procedures shall
be followed:
a) Adequate notice (a minimum of 2 days) in writing shall be given to the Bylaw
Enforcement Officer who is alleged to have committed a disciplinary breach and to
such other parties the Committee considers to be affected by the alleged disciplinary
breach;
b) At the hearing the Committee shall give the By-law Enforcement Officer a reasonable
opportunity of furnishing relevant evidence;
c) The Committee shall give the By-law Enforcement Officer or his/her representative
an adequate opportunity of making representations by way of argument to the
Committee;
8. At the conclusion of a hearing to determine whether there has been a disciplinary
breach, the Committee may, by a decision in writing with reasons, do the following:
i) Reprimand in writing the Bylaw Enforcement Officer, or
ii) Suspend the Bylaw Enforcement Officer from acting as By-law Enforcement
Officer for the Municipality, but such a period shall not exceed six (6) months; or
iii) Terminate the appointment of the Bylaw Enforcement Officer.
9. For purposes of this Bylaw, the following shall be disciplinary defaults:
9.1.
Discreditable conduct where the Bylaw Enforcement Officer:
i) acts in a disorderly or inappropriate manner, or in a manner prejudicial to
discipline or likely to bring discredit upon the reputation of Bylaw
Enforcement Officers;
ii) is guilty of an indictable offence under a federal statute or an offence
punishable upon summary conviction under the Criminal Code of Canada
iii) abets, connives or is knowingly an accessory to a general default described in
this by-law
9.2.
Insubordination, where the Bylaw Enforcement Officer by word or action and
without lawful excuse, disobeys omits or neglects to carry out any lawful order
9.3.
Deceit - where the Bylaw Officer:
i) knowingly makes or signs false statements in an official document or book
ii) without lawful excuse destroys, mutilates or conceals an official document or
record or alters or erases therein
9.4.
Breach of Confidence - where the Bylaw Officer:
i) divulges any matter which is it his/her duty to keep confidential
ii) without proper authorization from the Municipal Council, communicates to
the news media or to any unauthorized person any law enforcement matter
which could be injurious to any person or investigation
9.5.
Corrupt Practice - where the Bylaw Officer:
i) fails to account for or make a prompt, true return of money or property
received in an official capacity
ii) directly or indirectly solicits or receives a gratuity, present, pass, subscription
or testimonial without the consent of the Committee
iii) place him/herself under a pecuniary or other obligation to a person in respect
of whose conduct or business operation or employment, the Bylaw
Enforcement Officer may likely have to report or give evidence or
iv) improperly uses his/her position as a Bylaw Enforcement Officer for private
advantage
Summer Village of White Sands, Bylaw 198-23
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9.6.
Unlawful or unnecessary exercise or authority, where the Bylaw
Enforcement Officer is unnecessarily discourteous or uncivil to a member of the
public
10. The Summer Village will create a Bylaw Enforcement Committee Appeal Board for any
disciplinary brought forward by the Bylaw Enforcement Committee.
11. The Bylaw Enforcement Committee Appeal Board shall consist of all members of
Council of the Summer Village of White Sands to hear any appeal from the Bylaw
Enforcement Committee disciplinary action.
12. The Bylaw Enforcement Appeal Board has the power to change, confirm or remove any
disciplinary action brought forward by the Bylaw Enforcement Committee under the
same hearing procedures the disciplinary action was taken;
EFFECTIVE DATE - This Bylaw shall come into force and effect upon the date of final passing
thereof.
Read a first reading 18 day of October 2023.
Read a second reading 18 day of October 2023.
Read a third and passed this 15 day of November 2023.
________________________________
MAYOR
________________________________
CHIEF ADMINISTRATIVE OFFICER