Newmarket bylaw officers won't need permission to enter your property

YorkRegion.com
March 21, 2017
Teresa Latchford

Bylaw officers may no longer need permission to enter your property.

Council has agreed to consider a stand-alone power of entry bylaw that would allow a bylaw officer to investigate the exterior of your property without your permission, a court order or a search warrant. The bylaw is set to be tabled for discussion at the council meeting on March 27.

As it stands right now, a bylaw officer would attend a property to investigate a complaint, such as overgrown grass or unsightly debris on the property, explained Lesley Long, Newmarket bylaw enforcement supervisor.

“The bylaw officer would knock on the door and ask for permission to investigate the property under the current rules,” she said. “If they weren’t home, we would leave a note and a card to arrange a return visit or ask the neighbour to use their property.”

If the owner of the property refused, the officer must obtain a court order to investigate the complaint.

Under the proposed bylaw, officers will be able to investigate any exterior of a property without consent from the owner or a court order or search warrant.

Permission or a court order would still be needed to investigate the interior of buildings on the property.

“This would allow us to streamline the process and allow us to be more efficient,” Long added.

Municipalities throughout Ontario, including many in York Region, have passed a power of entry bylaw to streamline the entry and inspection process and to eliminate the added workload on the court system.

A review of the current bylaws show the pool enclosure, fence, standing water and most licensing bylaws do not have or are missing power of entry provisions.

The town has the authority to enact this bylaw through the Municipal Act.

The proposed bylaw clearly states an officer may, during reasonable hours, enter onto land for carrying out and inspection, no person shall hinder or obstruct any officer who is exercising a power of entry under the bylaw, the officer must produce proper identification if requested and the town will restore the land to its original condition and provide compensation in the event of damages caused by entry.