DATE: March 2, 2015 REPORT NO. CD TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ]

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1 DATE: March 2, 2015 REPORT NO. CD TO: FROM: Chair and Members Committee of the Whole Gregory Dworak, General Manager Community Services 1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ] 2.0 TOPIC Appointment of Municipal Law Enforcement Officers and Property Standards Officers [Financial Impact None] (CD ) 3.0 RECOMMENDATION A. THAT Staff Report CD regarding the appointment of Municipal Law Enforcement Officers and Property Standards Officers BE RECEIVED; and B. THAT the bylaw attached to Staff Report CD , being a bylaw to amend Chapter 132 of the City of Brantford Municipal Code, BE PLACED before Council for adoption. 4.0 PURPOSE The appointment bylaw is required to ensure that all necessary Building Department staff whom are designated as Municipal Law Enforcement Officers and Property Standards Officers have been appointed by the Municipality in compliance with the Ontario Building Code Act and Police Services Act. 5.0 BACKGROUND In 2013, City Council had declared as a Council Priority the move towards a dedicated bylaw enforcement approach. An extensive review of current bylaw enforcement practices was then undertaken resulting in several

2 March 2, 2015 Page 2 recommendations for Council s consideration. As outlined in Report CD and approved by Council on March 24 th, 2014 was the recommendation to separate the enforcement functions in the Building Department and to hire four (4) dedicated Bylaw Enforcement Officers. The current appointment bylaw requires an amendment to ensure that all new staff has been appointed by the Municipality in accordance with the Ontario Building Code Act, and that former staff has been removed from the Bylaw. 6.0 STRATEGIC PLAN CONTEXT Approval of the recommendation in this report will have no impact on the Strategic Plan. 7.0 INPUT FROM OTHER SOURCES The attached Bylaw has been reviewed by the Legal Department. 8.0 ANALYSIS As a result of the Council approved direction, the Bylaw Enforcement Division has recently hired four (4) new Municipal Law Enforcement Officer/Property Standards Officers to enforce the Ontario Building Code and various other municipal bylaws under the jurisdiction of the Bylaw Enforcement Division. The Ontario Building Code Act, Section 3.- (2) states; The council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of this Act in the areas in which the municipality has jurisdiction. With this dedicated approach to enforcement, it is suggested that this enforcement group also be appointed under the Police Services Act, which also gives them peace officer status. Specifically, Sections 15(1) and (2) of the Police Services Act state: 15. (1) A municipal council may appoint persons to enforce the bylaws of the municipality. R.S.O. 1990, c. P.15, s. 15 (1). (2) Municipal law enforcement officers are peace officers for the purpose of enforcing municipal bylaws. R.S.O. 1990, c. P.15, s. 15 (2); 1997, c. 8, s. 13. Having peace officer status provides for a more serious offence should they suffer an assault in the performance of their duties and is recommended via consultation with both OAPSO (Ontario Association of Property Standards Officers) and MLEOA (Municipal Law Enforcement Officers Association).

3 March 2, 2015 Page FINANCIAL IMPLICATIONS There are no financial implications resulting from the recommendations CONCLUSION The City of Brantford Municipal Code Chapter 132 must be amended to reflect recent staffing changes. This amendment is required to ensure that all Building Department Inspectors and Property Standards Officers are duly and properly appointed in order to enforce the various Statutes, Regulations and Bylaws that fall under the jurisdiction of the Building Department and Bylaw Enforcement Division. _ Garry J. Anderson CPSO CMMIII Gregory Dworak, MCIP, RPP Manager, Property Standards & Bylaws General Manager, Community Services Attachment: Draft amending Bylaw In adopting this report, is a bylaw or agreement required? If so, it should be referenced in the recommendation section. Bylaw required [ X ] yes [ ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ X ] yes [ ] no Is the necessary bylaw or agreement being sent concurrently to Council? [ X ] yes [ ] no

4 By-law Number -15 of The Corporation of the City of Brantford Being a By-law to amend Chapter 132 of the City of Brantford Municipal Code THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF BRANTFORD HEREBY ENACTS AS FOLLOWS 1. Chapter 132 of the City of Brantford Municipal Code is hereby amended by deleting section and substituting the following therefor: Appointment The following persons are hereby appointed as Property Standards Officers for the purpose of enforcing Chapter 465 of the City of Brantford Municipal Code: 1. Garry Anderson 2. Tom Campbell 3. Jeff Collens 4. Randy DeGroote 5. Janelle DeMunck 6. Alycia Erdelac 7. Christopher Herbert 8. Jerri-Lynn Hunter 9. Caroline Jager 10. Shelly Kunkel 11. Andy McMahon 12. Michael Neves 13. Kathy Noble 14. Rob Porteous 15. Michael Ramsay 16. Marta Schultz 17. Russell Thomson 18. Richard Wagner 2. That the following Municipal Law Enforcement Officers be appointed under Section 15(1) of the Police Services Act as peace officers for the purpose of enforcing the municipality s bylaws: 1. Alycia Erdelac 2. Jerri-Lynn Hunter 3. Kathy Noble 4. Michael Ramsay

5 March 2, 2015 Page 5 1. This By-law shall come into effect immediately. READ A FIRST TIME: March, 2015 READ A SECOND TIME: March, 2015 PASSED: March, 2015 MAYOR CLERK