HomeMy WebLinkAboutBy-law 7585/17 The Corporation of the City of Pickering
By-law No. 7585/17
Being a by-law to regulate the power of entry onto land
Whereas Section 436 of the Municipal Act, 2001, as amended, provides that a
municipality has the power to pass by-laws providing that the municipality may enter on
land at any reasonable timefor the purpose of carrying,out an inspection;
And Whereas Sections 435, 437 and 438 of the Municipal Act 2001, S.O. 2001, as
amended, set out additional powers and restrictions in regard to the power of entry;
And Whereas the City of Pickering deems it appropriate to pass a By-law allowing for
the entry on land for the purpose of carrying out an inspection to ensure that its By-laws,
directions, orders and conditions of licences are being complied with;
And Whereas this by-law applies to any City of Pickering by-laws without power of entry
provisions passed pursuant to the Municipal Act, 2001, SO. 2001, as amended or its
predecessors;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
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1. Definitions
1.1 In this By-law:
(a) "Act" means the Municipal Act, 2001, S.O. 2001, as amended, •
(b) "City" means The Corporation of the City of Pickering or the geographic
area of the City of Pickering; as the context requires;
(c) "land" means real property, and includes the buildings and structures on
the land;
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(d) "occupier" means any person occupying or having control over any portion
of the land to be inspected including, but not limited to a person or persons
occupying, leasing or licensing any building on the land;
(e) "Officer" means a Municipal Law Enforcement Officer appointed to enforce
the By-laws of the City, a Police Officer, or any City employee whose
duties include enforcing the City's by-laws;.
a
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2. Application
2.1 This By-law applies to all City By-laws hereafter and previously passed under the
authority of the Act.
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3. Powers of Inspection and Entry
3.1 An Officer may enter on land, at any reasonable time, for the purpose of carrying
out an inspection to determine whether or not the following are being complied
with:
(a) any City By-law, passed under the authority of the Act;
(b) a direction or Order made under the Act, or made under a By-law of the
City passed under the Act;
(c) a condition of a licence issued under a By-law of the City, enacted under
the authority of the Act; or
(d) an order under Section 431 of the Act.
3.2 An Officer may enter on land, for the purpose of carrying out an inspection under
Section 438 of the Act to determine whether or not any of the matters set out in
section 3.1 of this By-law are being complied with.
3.3 The Officer must, upon request, display or produce proper identification.
3.4 The Officer may be accompanied by a person under his or her direction.
3.5 For the purposes of the inspection, the Officer may:
(a) require the production of documents or things relevant to the inspection;
(b) inspect and remove documents or things relevant to the inspection, for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection;
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs,.
necessary for the purposes of the inspection.
Power of Entry By-law 7585/17 Page 3
3.6 A sample taken under 3.5(d) shall be divided into two parts, and one part shall be
delivered to the person from whom the sample was taken, if the person so
requests at the time the sample is taken and provides the necessary facilities.
3.7 If a sample taken under 3.5 (d) is not divided into two parts, a copy of any report
on the sample shall be given to the person from whom the sample was taken.
3.8 A receipt shall be provided for any document or thing removed under section 3.5
(b) and the document or thing shall be promptly returned after the copies or
extracts have been made.
4. Remedial Action
4.1 Where a person is in default of doing something that the person is directed or
'required to do under the Act, under a By-law of the City, or pursuant to a
condition imposed by the City on the issuance of a licence pursuant to a By-law,
an Officer may enter land, accompanied by any person required to complete the
work, at any reasonable time, for the purpose of doing the action required.
5. Obstruction
5.1 No person shall obstruct or hinder or attempt to obstruct or hinder any Officer or
other person, who is exercising a power or performing a duty under this By-law,
any other City of Pickering By-law, or the Act.
5.2 Without limiting section 5.1 every person who is alleged to have contravened any
of the provisions of any City By-law shall identify themselves to an officer upon
request and failure to do so shall be deemed to have obstructed the Officer in the
execution of his or her duties contrary to section 5.1 of this by-law.
6. Restrictions Regarding Entering Dwelling Units
6.1 Despite any provision of this by-law, a person exercising a power of entry shall
not enter or remain in any room or place actually being used as a dwelling
unless:
(a) the consent of the occupier is obtained, the occupier first having been
informed that the right of entry may be refused, and if refused, may only be
made under the authority of an order issued under section 438 of the Act,
or a warrant issued under section 439 of the Act.
Power of Entry By-law 7585/17 Page 4
(b) an order issued under section 438 of the Act is obtained;
(c) a warrant issued under section 439 of the Act is obtained; or
(d) the delay necessary to obtain an order under section438 of the Act, to
obtain a warrant under section 439 of the Act or to obtain consent of the
occupier would result in an immediate danger to the health and safety of
any person. ,
7. Penalty
7.1 Any person who obstructs or hinders or attempts to obstruct or hinder any Officer
is guilty of an offence, and upon conviction is liable to a maximum fine.of
$25,000.00.
8. Administration
8.1 Should any section of this By-law be declared invalid by a court of competent
jurisdiction, such section shall be construed as being severed herefrom and the
remainder of the By-law'shall continue in full force and effect.
8.2 This By-law shall be read with all changes in gender or number as the context
requires.
8.3 A grammatical variation of a word or expression defined herein has a
corresponding meaning. '
8.4 Nothing in this By-law shall limit any other statutory or common law rights or
powers of the City or any Officer to enter on land.
8.5 This By-law shall come into force and effect upon the date of its passage.
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By=law passed this 13th day of November, 2017.. ' •
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