HomeMy WebLinkAbout23 091 Appointment By-law Enforcement (James Special Services Inc.) 2023 Amendment (1) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2023 - 091
Being a By-law to Amend By-law 2023 – 054; being a By-law to Appoint
Municipal Law Enforcement Officers and Property Standards Officers for
The Municipality of Kincardine
Whereas Section 8 of The Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that the powers of a municipality under this or any other Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to respond to municipal issues; and
Whereas Section 9 of The Municipal Act, 2001, S. O. 2001, c. 25, as amended,
provides that a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under this or any other Act;
and
Whereas Section 10 of The Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a lower tier municipality may pass by-laws respecting matters as set
out therein; and
Whereas pursuant to The Police Services Act, R.S.O. 1990, c. P.15, Part 1, s. 15,
as amended, a Municipal Council is given authority to appoint persons to enforce
the by-laws of the municipality; and
Whereas the Provincial Offences Act empowers Provincial Offences Officers to
issue parking tickets, Provincial Offences tickets and any summons that may be
necessary to enforce by-laws; and
Whereas the Solicitor General of Ontario has designated all Municipal Law
Enforcement Officers as Provincial Offences Officers; and
Whereas the Building Code Act, as amended, outlines the parameters of property
standards within a municipality including the adoption of policies, committees,
officers and programs; and
Whereas the Property Standards By-law for the Municipality of Kincardine states
that the Council of the Municipality of Kincardine shall appoint a Property Standards
Officer to be responsible for the administration and enforcement of the Property
Standards By-law; and
Whereas pursuant to Section 7.1(4) of The Fire Protection and Prevention Act,
1997, S.O. 1997, c. 4, as amended, provides that a municipality may appoint
officers to enforce by-laws passed pursuant to said Act; and
Whereas the Council of the Corporation of the Municipality of Kincardine, deems it
necessary to appoint staff members of James Special Services Inc. as Municipal
Law Enforcement Officers and Property Standards Officers to fulfill the statutory
and administrative duties of the positions; now therefore be it
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Appointment By-law Enforcement (James Special Services Inc.) 2023
Amendment (1) By-law
By-law No. 2023 - 091
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1) That Section 1) of By-law 2023 – 054 be amended by adding the following
James Special Services Inc. staff:
Officer Badge Number
Jericho Britos 8105
Jonathan Newiger 8106
2) That By-law No. 2023 - 054 is hereby amended.
3) That this By-law shall come into full force and effect upon its final passage.
4) That this By-law may be cited as the “Appointment By-law Enforcement
(James Special Services Inc.) 2023 Amendment (1) By-law”
Read a First and Second Time this 12th day of June, 2023.
Read a Third Time and Finally Passed this 12th day of June, 2023.
Mayor Clerk