Transcript Bylaw Preparation and Enforcement Workshop

Bylaw Development
Using Your Powers Wisely
Presented by:
Ministry of Municipal Affairs
Advisory Services
www.municipal.gov.sk.ca
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Ministry Overview
Programs and Services
Growth and Development
Funding
Municipal Administration
Health and Safety
Legislation
Canadian Constitution
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Under the Canadian Constitution, provinces have
the authority to create municipalities and to
delegate to them certain law-making powers.
Laws passed by municipalities are called BYLAWS.
The Cities Act
The Municipalities Act
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Natural person powers
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similar legal powers/responsibilities as other
business entities
Governmental powers
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bylaws, levying taxes, etc
Power to pass a bylaw
The power of a municipality to pass a bylaw is to
be interpreted broadly for the purpose of:
a) providing a broad authority to its council and
respecting council’s right to govern the
municipality in whatever manner the council
considers appropriate, within the jurisdiction
provided to the council by law; and
b) enhancing the council’s ability to respond to
present and future issues in the municipality.
Council Sets Policy
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A municipality acts through Council.
A council exercises power through the
passing of bylaws and resolutions.
Bylaw vs Resolution
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Formalities for passing resolution are less
restrictive than a bylaw
Resolutions deal with matters of a minor,
administrative nature
Legislation may state when a bylaw is
required
Bylaw used for important ongoing matters or
where a penalty is involved
Bylaw
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Municipal law
Require legislative authority
Administrative
Regulatory
Limitations to Municipality’s
Authority
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When statutory authority does not support
a bylaw, expressed or implied, it is ultra
vires
Where provisions in a local bylaw conflict
with a provincial Act, the provincial
statutory provision normally takes
precedence
Limitations to Municipality’s
Authority
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Approval of a provincial government
ministry or agency.
Public notice may be required.
Points to consider when drafting
a bylaw
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If the bylaw is long, break it up into numbered
sections and use headings;
Try to stick to terms, phrases and wording used
in the statute or in the definition section of the
bylaw;
Avoid legal jargon and words other than from
the English language;
Use “shall” to show that a certain action must
or must not be done;
Use “may” to show an action that is permissive;
Points to consider when drafting
a bylaw
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Use only those clauses that are necessary
Schedules and forms should be designated
with numbers or letters
Distribute copies of the draft bylaw to all
members of council.
Public participation may be a wise option
before the final reading.
Structure of a Bylaw
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Provincial municipal legislation does not
require bylaws to be adopted in any
particular form, content or ordering of
content.
Content of a Bylaw
A. Corporate name of
municipality
B. Bylaw number
C. Bylaw title
D. Enactment clause
E. Citation clause
F. Interpretation
clause
G. Operative clause
H. Schedule clause
I. Penalty clause
J. Repeal clause
K. Effective date clause
L. Signing and sealing
M. Dating the bylaw
Content of a Bylaw
A. Name of Municipality
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The entire corporate name of the local
government should be set out at the top of the
bylaw.
Examples:
“Village of ____________________.”
“Town of _____________________.”
“City of ______________.”
“Northern Village of_____________.”
Content of a Bylaw
B. Bylaw Number
The bylaw should include the number of the
bylaw and the year it was passed. Bylaws
should be numbered consecutively.
“Bylaw No. 4/2008” means the fourth bylaw
passed in 2008
Content of a Bylaw
C. Bylaw Title
States the purpose of the bylaw
Content of a Bylaw
D. Enactment Clause
This clause states that the council is
the body that enacts the bylaw.
“The council of the Town of _______,
in the Province of Saskatchewan,
enacts as follows: …”.
Content of a Bylaw
E. Citation Clause (optional)
This bylaw may be cited as “The
Nuisance Abatement Bylaw”.
Content of a Bylaw
F. Interpretation Clause
This clause contains a statement of the
meaning of a word or a group of
words.
Content of a Bylaw
G. Operative Clause(s)
The operative clause or clauses state
what the bylaw is intending to do and
how it is to be done.
Content of a Bylaw
H. Schedule Clause
Matters that are customarily included in
schedules include application forms, fees,
and so on.
Content of a Bylaw
I. Penalty Clause
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Legislation limits penalties
May refer to The General Penalty Bylaw
No provision to set minimum penalties
Content of a Bylaw
J. Repeal Clause
Example:
“Bylaw No.21/1952, passed March
15, 1952, being a bylaw to license
dogs, is hereby repealed.”
Content of a Bylaw
K. Effective Date Clause
Example:
“This bylaw shall come into force and take
effect on September ,.”
or
“This bylaw shall come into force and take
effect when approved by the Minister of
(applicable Provincial department).”
or
“This bylaw shall come into force and take
effect when approved by the
Saskatchewan Municipal Board.”
Content of a Bylaw
L. Signing and Sealing
Example:
__________________
Seal
Seal
Mayor
__________________
Administrator
Readings
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Every proposed bylaw must have three
distinct and separate readings.
A “reading” means “a stage of
consideration”.
Adoption Procedures
The procedure to adopt a bylaw shall involve the
following steps:
(a) The Administrator prepares the bylaw for council to
consider
(b) First reading of the bylaw is moved, discussed and a
vote is taken;
(c) Second reading of the bylaw is moved, discussed and
again a vote is taken;
(d) Amendments after first/second reading are proposed by
resolution which, if carried, becomes part of the
proposed bylaw;
Adoption Procedures
(e) If all three readings are to be given at the
same meeting, a resolution must be introduced
to allow three readings at that meeting. This
resolution must be passed unanimously;
(f) Third reading of the bylaw is moved and if the
vote is carried the bylaw is considered passed
and adopted;
(g) Signing and sealing of the bylaw should take
place immediately or very soon after the
adoption of the bylaw.
Adoption Procedures
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If any of the resolutions authorizing first,
second or third readings are not carried,
the bylaw does not proceed beyond that
point. If council wishes to reintroduce the
bylaw, the entire adoption procedure must
start over.
A proposed draft bylaw is defeated if it
does not receive the third reading within
two years after the first reading.
Retention of Bylaws
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The original bylaw should be included
as an attachment to form part of the
minutes at the meeting where the
bylaw received the third and final
reading.
A certified copy is kept in bylaw register
Amending or Repealing Bylaws
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The same process that applies to the passage of
bylaws also applies to amending or repealing
bylaws.
The Amending Bylaw
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A bylaw that is in effect may only be amended
via another bylaw.
The purpose of an amending bylaw is to reflect a
desired change in an existing bylaw.
The Repealing Bylaw
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Bylaws may be repealed at the time it is
replaced by another.
A bylaw that is in effect may only be
cancelled by passing a repealing bylaw.
Some bylaws, for example lease
agreements, are for a fixed period of time.
Upon expiration, they should be repealed
to officially remove them from the bylaw
register.
Severability
Bylaw is adopted as a whole.
Quashing a Bylaw
A voter may apply to the court to quash a
bylaw:
Ultra Vires
 Bad faith
 Discretion
 Discrimination
 Improper delegation
 Uncertainty
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An application to quash must be taken
within 60 days of the bylaw passing.
Bylaw Enforcement
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Enforcement is an area which perplexes
many councils.
Municipalities have not only the right, but
the duty, to enforce bylaws.
Council may decide which offenders to
prosecute.
Resource for case law
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www.lawsociety.sk.ca
Bylaw Enforcement
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Education and information is a form of
bylaw enforcement.
Encouraging voluntary compliance is
preferable to prosecution.
Enforcement includes inspection and
issuing remedial orders.
Prosecution should be a municipality's final
option.
Bylaw Enforcement
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Remedial orders must meet technical
requirements:
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Recipient must be advised of the right to appeal.
Remedial action must be specific, including the
deadline to complete the work.
Order includes consequences of non-compliance.
The municipality will perform the required work.
 The recipient will be charged the cost of the work.
 If the costs are not paid, the amount will be added to
taxes.
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Bylaw Enforcement
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Municipalities may, on their own or with
other municipalities, appoint a bylaw
enforcement officer.
Municipal administrators may provide
limited bylaw enforcement services.
Municipalities may contract to provide
limited bylaw enforcement services.
Bylaw Enforcement
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Bylaws create offences and establish
penalties for non-compliance.
Municipalities cannot impose fines.
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Fines are imposed by the courts.
Fines cannot be added to taxes.
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Limited exceptions exist
Questions
Thank you for participating in today's workshop!
Contact information:
Regina
Saskatoon
787-2680
933-6922