HomeMy WebLinkAbout2132-26 Bylaw Enforcement OfficerCOUNTY OF NEWELL
IN THE PROVINCE OF ALBERTA
BYLAW NO. 2132-26
BEING A BYLAW OF THE COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA, TO
REGULATE THE POSITION OF BYLAW ENFORCEMENT OFFICER APPOINTED UNDER THE
MUNICIPAL GOVERNMENT ACT BY THE COUNTY OF NEWELL.
WHEREAS pursuant to the provisions of the Municipal Government Act RSA 2000, Chapter M-
26 (the MGA), and amendments thereto, Council may pass a byiaw for municipal purposes
respecting the safety, health and welfare of people, the protection of people and property and
activities and things in, on or near a public place or place that is open to the public; and
WHEREAS section 555 of the MGA authorizes Municipalities to appoint Bylaw Enforcement
Officers for the purposes of preservation and maintenance of the public peace; and
WHEREAS pursuant to section 556 of the MGA the Council of the County of Newell must by
Bylaw specify the powers and duties of Bylaw Enforcement Officers and establish disciplinary
procedures for misuse of power, including penalties and an appeal process applicable to misuse
of power by Bylaw Enforcement Officers;
NOW THEREFORE the Council of the County of Newell, in the Province of Alberta, duly
assembled, hereby enacts as follows:
1. TITLE
(1) This bylaw may be cited as the "Bylaw Enforcement Officer Bylaw"
2. DEFINITIONS
(1) In this Bylaw:
(a) "Bylaw Enforcement Officer" means an individual appointed under this Bylaw
as a Bylaw Enforcement Officer for the County;
(b) "Chief Administrative Officer" or "CAO" means the individual appointed by
Council as the ChiefAdministrative Officer of the County, or their designate;
(c) "Council" means the Council of the County of Newell;
(d) "County" means the County of Newell;
(e) "Director" means the Director of Municipal Services;
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(fl "Misuse of Powe�" includes, but is not limited to, a Bylaw Enforcement O�cer, by
either act or omission:
Failing to perform or carry out their duties according to law;
Failing to carry out the duties and responsibilities assigned to them according
to the terms and conditions of their appointment as a Bylaw Enforcement
Officer: or
iii. Acting in a manner that the Director or CAO considers to be a Misuse of
Power.
(g) "Municipal Tag" means a tag or similar document issued by the County under the
Municipal Government Act RSA 2000 Chapter M-26 that alleges a bylaw offence
and provides a person with the opportunity to pay an amount to the County in lieu
of prosecution for the offence;
(h) "Violation TickeY' has the same meaning as in the Provincial Offences Procedure
Act RSA 2000 Chapter P-34 and regulations thereunder.
3. RULES OF INTERPRETATION
(1) The headings in this Bylaw are for guidance purposes and convenience only.
(2) Every provision in this Bylaw is independent of all other provisions and if any provision
of this Bylaw is declared invalid for any reason by a court of competent jurisdiction, all
other provisions of this Bylaw shall remain valid and enforceable.
(3) In this Bylaw, a citation of or reference to any enactment of the Province of Alberta, any
enactment of Canada, or of any other Bylaw of the County, is a citation of or reference
to that enactment or Bylaw as amended, whether amended before or after the
commencement of the enactment or Bylaw in which the citation or reference occurs.
4. CHIEF ADMINISTRATIVE OFFICER
(1) Powers and Duties
(a) may appoint one or more individuals as Bylaw Enforcement Officers;
(b) may revoke, suspend, or modify the appointment of a Bylaw Enforcement Officer;
(c) may authorize or require Bylaw Enforcement Officers to carry out any powers and
duties necessary to fulfill their responsibility for the preservation and maintenance
of the public peace;
(d) may establish the standards of uniform, insignia, and identification for Bylaw
Enforcement Officers;
(e) will ensure complaints of Misuse of Power by Bylaw Enforcement Officers are
investigated and dealt with in accordance with this Bylaw;
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(� will report on the status and effectiveness of bylaw enforcement within the County,
when requested to do so by Council; and
(g) may delegate any of their powers, duties, or functions contained in this section to
any employee of the County, including the option to further delegate those
powers, duties, and functions.
5. BYLAW ENFORCEMENT OFFICERS
(1) Oath of Office
(a) A Bylaw Enforcement Officer must, before starting their duties, take the official
oath prescribed by the Oaths of Office Act RSA 2000 Chapter O-1 as set out in
Schedule "A" of this Bylaw.
(2) Powers and Duties
(a) Subject to the terms and conditions of their appointment by the CAO, the
powers and duties of Bylaw Enforcement Officers are to:
enforce the Bylaws of the County;
ii. provide public education on the County Bylaws and enforcement
services;
iii. conduct routine patrols to ensure compliance with Bylaws;
iv. respond to and investigate complaints and alleged breaches of Bylaws;
v. issue warning notices, Municipal Tags, and Violation Tickets for offences
under bylaws;
vi. assist in the prosecution of bylaw offences, including gathering of
evidence, swearing of complaints, preparation of prosecution files,
ensuring the attendance of witnesses, and attending in court and
providing evidence as required;
vii. liaise with other enforcement agencies as a representative of the
County;
viii. provide contracted services to other Municipalities that have a
contracted service agreement with the County;
ix. perform all other duties as may be assigned by the CAO.
(b) Bylaw Enforcement O�cers must comply with their appointment and exercise
their powers and duties in accordance with all County Bylaws, policies,
procedures, and guidelines.
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(3) Officer ldentification
(a) While acting in the course of their duties, Bylaw Enforcement Officers shall carry
identification, in a form approved by the CAO, evidencing their appointment as a
Bylaw Enforcement Officer.
(4) Appointment Ceases to be in Effect
(a) A Bylaw Enforcement Officer's appointment ceases to be in effect:
when the Bylaw Enforcement Officer ceases to be employed or engaged
by the County in the capacity of a Bylaw Enforcement Officer;
ii. when the Bylaw Enforcement Officer's appointment is revoked; or
iii. while the Bylaw Enforcement Officer's appointment is suspended.
(b) Upon a Bylaw Enforcement Officer appointment ceasing to be in effect, other than
when suspended, the Bylaw Enforcement Officer shall immediately return to the
County all uniforms, patrol cars, equipment, Municipal Tags and Violation Ticket
books, appointment certificates, and all other materials or equipment supplied to
the Bylaw Enforcement Officer by the County.
6. MISUSE OF POWER
(1) Complaints
(a) If a person reasonably believes there has been a Misuse of Power by a Bylaw
Enforcement Officer, the person may file a complaint in accordance with this
section.
(b) A complaint made under subsection 6(1)(a) must:
be in writing;
ii. include the full name of the complainant;
iii. include contact information for the complainant;
iv. indicate the reasons for the complaint; and
be sent to the County, by way of the following:
County of Newell
183037 RR 145 (Box 130)
Brooks, AB T1R 1B2
Attn: Director of Municipal Services
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(c) The Director may summarily dismiss a complaint that, in the opinion of the
Director:
i. does not comply with section 6(1)(b);
ii. does not raise an allegation of Misuse of Power by a Bylaw Enforcement
Officer: or
iii. is frivolous or vexatious.
(d) If the Director dismisses a complaint under section 6(1)(c), the Director shall
send written notice to fhe complainant:
i. specifying the reasons for the dismissal; and
ii. advising of the right of review to the CAO pursuant to section 7.
(2) Investiqations
(a) Unless a complaint is summarily dismissed, the Director shall, within 30 days of
receiving a compiaint:
i. send written acknowledgement of receipt of the complaint to the
complainant;
ii. advise the Bylaw Enforcement Officer of the allegations in the complaint
and provide the Bylaw Enforcement Officer with a reasonable opportunity
to respond to the allegations; and
iii. commence an investigation into the complaint.
(b) The Director may investigate a complaint in the manner the Director considers
appropriate and may, but is not required to, hoid a hearing into the matter.
(c) If the Director decides to hold a hearing into a complaint, the Director shall specify
the procedure and send the complainant and the Bylaw Enforcement Officer
notice of the procedure that will be used.
(d) Despite no complaint having been received, if the Director has reason to believe
there has been a Misuse of Power by a Bylaw Enforcement Officer, the Director
may investigate.
(e) Upon concluding an investigation, the Director shall decide whether there has
been a Misuse of Power by the Bylaw Enforcement Officer.
(3) Sanctions and Penalties
(a) If, in accordance with this section 6(2), the Director decides there has been a
Misuse of Power by a Bylaw Enforcement Officer, the Director shall do one or
more of the following:
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i. warn the Bylaw Enforcement Officer;
ii. reprimand the Bylaw Enforcement Officer;
iii. suspend the Bylaw Enforcement Officer from duty for an appropriate
period of time;
iv. terminate the Bylaw Enforcement Officer; or
v. sanction the Bylaw Enforcement Officer in any other appropriate manner
not inconsistent with County Bylaws, policies, procedures and guidelines.
(4) Written Decision
(a) Within 30 days of concluding an investigation, the Director shall send written
notice of the Director's decision to the complainant (if any) and to the Bylaw
Enforcement Officer.
(b) The written notice of decision must:
i. include reasons for the Director's decision; and
ii. advise of the right of review of the decision to the CAO.
7. REVIEWS
(1) Notice of Review
(a) Within 14 days of receipt of the Director's written decision, the complainant or
the Bylaw Enforcement Officer may request a review of the decision to the
CAO.
(b) A request for review under this section must:
i. be in writing;
ii. include the full name of the party requesting review;
iii. include contact information for the party requesting review;
iv. set out the grounds for the request for review; and
v. be sent to the County, by way of:
County of Newell
183037 RR 145 (Box 130)
Brooks, AB T1R 1B2
Attn: ChiefAdministrative Officer
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(c) The CAO may summarily dismiss a review that, in the opinion of CAO, does not
comply with this section.
(d) If the CAO dismisses a review under this section, the CAO shall send written
notice to the party that requested the review specifying the grounds and giving
the reasons for the dismissal.
(2) Conduct of Review
(a) Unless a review is summarily dismissed, the CAO shall, within 30 days of
receiving a request for review:
i. send written acknowledgement of receipt of the request for review to the
party that requested it;
ii. send the Director a notice requiring the Director to forward all documents
relating to the original complaint (if any), as well as the subsequent
investigation and decision; and
iii. send the respondent (if any) a copy of the request for review.
(b) The CAO may conduct the review as the CAO considers appropriate and may,
but is not required to, conduct a new investigation and hold a new hearing.
(c) In conducting the review, the CAO shall specify the procedure and send the
parties notice of the procedure that will be used.
(d) Upon concluding the review, the CAO shall dismiss or allow the review in whole
or in part.
(e) If, in conducting the review, the CAO finds that there has been a Misuse of Power
by the Bylaw Enforcement Officer, the CAO may exercise any of the powers of
the Director as set out under section 6 of this bylaw.
(3) Written Decision of Review
(a) Within 30 days of concluding the review, the CAO shall send written notice of their
decision to the party that requested the review and the Bylaw Enforcement
Officer.
(b) The written notice of decision must include reasons for the CAO's decision.
(4) Review Decision is Final
(a) The CAO's decision regarding a review is finai with no further right of review of
the matter.
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8. REPEAL
(1) Bylaw No. 1736-11 is repealed.
9. EFFECTIVE DATE
(1)
July 9, 2026
This Bylaw comes into force and takes effect on the date of the final passing.
MOVED BY COUNCILLOR LYNETTE KOPP that Bylaw 2132-26 receive
FIRST reading.
MOTION CARRIED
July 9, 2026
MOVED BY COUNCILLOR ADENA SKANDERUP that Bylaw 2132-26 receive
SECOND reading.
MOTION CARRIED
July 9, 2026
MOVED BY COUNCILLOR GREG SKRIVER that consent be given for Bylaw
2132-26 to receive third reading this 9'" day of July, 2026.
MOTION CARRIED UNANIMOUSLY
July 9, 2026
MOVED BY COUNCILLOR DAN BAUMGARTEN that Bylaw 2132-26 receive
THIRD and FINAL reading.
MOTION CARRIED
rti� �
eve, County of Newell
�
CAO, County of Newell
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SCHEDULE `A'
Oath of Office
County of Newell
Bylaw Enforcement Officers
[If swearing in accordance with section 2 of the Oaths of Office AcfJ
I, , swear that I will diligently, faithfully and to the best of my
ability execute, according to law, the office of a Bylaw Enforcement Officer for the County of
Newell
So help me God.
SWORN BEFORE ME at the
Province ofAlberta, this
of
20
A Commissioner for Oaths
in the
day
in and forthe Province ofAlberta
)
)
)
)
)
) Name:
)
[If solemnly affirming in accordance with section 4 of the Oaths of Office Act]
I, , solemnly a�rm that I will diligently, faithfully and to the best of my
ability execute according to law the office of Bylaw Enforcement Officer for the County of Newell
AFFIRMED BEFORE ME at the )
, in the
Province ofAlberta, this day
of ,
r�
A Commissioner for Oaths
in and for the Province ofAlberta
)
)
)
)
) Name:
L•'
�