Aurora councillors split on power of entry rules for bylaw officers
A locked gate could stop a bylaw officer entering your yard without owners permission

YorkRegion.com
Sept. 18, 2017
Teresa Latchford

At least one Aurora resident is happy to see councillors question the rules surrounding power of entry.

Last year, Denis Van Decker encouraged town council to take a closer look at the provincial provision that allows municipal bylaw officers to enter private property without a warrant, a power he pointed out is above what is given to a police officer.

Recently, council members discussed a staff report that is intended to spell out, in detail, what actions are acceptable practices when it comes to the power of entry.

“Just because the province has made it legal doesn’t make it right,” Coun. Jeff Thom said. “I know the municipality is trying to inform residents better, but the fact is (officers) will still be accessing private property without consent and (owners) really have no recourse.”

In 2006, the province granted municipalities with the power of entry but has left it up to each to decide how or if to use that power.

The creation of a notification process and protocol, according to the staff report, will “balance the rights of residents, improve relations and maintain efficiencies with residents while ensuring public safety is not compromised.”

The current practice of leaving a door knocker doesn’t make it clear the officer is requesting entry to the property to investigate a complaint. If passed, the revised notification would allow property owners to make appointments with officers if they wish to be present for an inspection.

The report defines emergency entry as circumstances that include risks related to public health and safety, evidence destruction, damage to adjacent property or the environment. An officer must get permission from the manager before entering the property.

For investigation purposes, a 24-hour intent-to-enter notification must be given if the occupant is not home. An officer is not permitted to force entry or climb a fence if there is a locked gate to the rear or side yard.

The report continues by listing types of inspections including property standards and building permits.

It also states 99 per cent of the hundreds of property-related complaints received each year are resolved co-operatively, without the need for legal action.

Van Decker is convinced more go to litigation than the town is reporting.

“If we do have this much compliance and have a system that has been working for years, why change it?” Coun. Sandra Humfryes asked. “Why fix it if it ain’t broke?”

Coun. Harold Kim pointed out that the justice system is already taxed, and getting a warrant for every entry wouldn’t be reasonable.

Mayor Geoff Dawe added that while he is an advocate of property owners’ rights, this “greater good” bylaw is not different than the town’s existing heritage and tree preservation bylaws.

“All I’m asking for is a better framework than the officer asks their manager and they agree,” Thom said. “It’s too thin for me.”

Council has yet to give final approval to the new procedures and has tasked staff with defining the rules even further before giving it final consideration.