BYLAW - Appoint SAC Employees as By law Enforcement Officers - 20150210 - 568815THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5688-15
BEING A BY-LAW to appoint
employees of St. Andrew's
College as Municipal By-law
Enforcement Officers in the
Town of Aurora.
WHEREAS St. Andrew's College (the "Company") has requested that certain
employees of the Company be appointed by The Corporation of the Town of Aurora
(the "Town") as Municipal Law Enforcement Officers for the purpose of enforcing
municipal parking by-laws on private property as enacted under section 100 of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended;
AND WHEREAS section 100 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality may, in respect of land not owned or
occupied by the municipality that is used as a parking lot, regulate or prohibit the
parking or leaving of motor vehicles on that land without the consent of the owner of
the land or regulate or prohibit traffic on that land if a sign is erected at each entrance
to the land clearly indicating the regulation or prohibition;
AND WHEREAS By-law Number 4574-043, as amended, (the "By-law") has been
enacted by the Town under section 100 of the Municipal Act, 2001, S.O. 2001, c. 25,
as amended, to provide for the regulation and enforcement of parking on private
lands;
AND WHEREAS section 15 of the Police Services Act, R.S.O. 1990, c. P. 15, as
amended, provides that a municipal council may appoint persons to enforce the by-
laws of a municipality, and that Municipal Law Enforcement Officers are peace
officers for the purposes of enforcing municipal by-laws;
AND WHEREAS all Municipal Law Enforcement Officers are Provincial Offences
Officers under the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended;
AND WHEREAS the Council of the Town, in its September 13, 2011 Council
Meeting, authorized the Town to enter into agreements with third parties with respect
to enforcement of the By-law on private properties;
AND WHEREAS the Company entered into an agreement with the Town on January
12, 2015, with respect to the enforcement of parking on private property (the
"Agreement");
AND WHEREAS the Council of the Town deems it necessary to appoint certain
employees of the Company as Municipal Law Enforcement Officers;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT those persons listed in Schedule "A" to this By-law be and are hereby
appointed as Municipal Law Enforcement Officers for the Town for the
purpose of enforcing parking provisions of the By-law on private property.
2. THAT the persons appointed as Municipal Law Enforcement Officers listed in
Schedule "A" of this By-law are designated by the Town to act as Provincial
Offences Officers in accordance with any specific or general directive of the
Solicitor General of Ontario in effect from time to time relating to the power of
municipal agents to act as Provincial Offences Officers.
3. THAT the Town Clerk be and is hereby authorized to issue a certificate of
appointment bearing his/her signature or facsimile thereof to the Municipal
Law Enforcement Officers appointed by this By-law.
By-law Number 5688-15
Page 2 of 3
4. THAT the authority to exercise any powers pursuant to this By-law as a
Municipal Law Enforcement Officer, Provincial Offences Officer or a peace
officer be limited to the locations on the list of private parking lot locations
provided by the Company and approved in writing by the Town's Director of
Building & By-law Services or his/her designate (the "Director") pursuant to the
Agreement.
5. THAT the appointment and authority to exercise any powers pursuant to this
By-law as a Municipal Law Enforcement Officer, Provincial Offences Officer or
a peace officer by any person listed in Schedule "A" is conditional on:
(a) the Company having a current, valid and existing Agreement with the
Town; and
(b) the person or persons appointed under this By-law being employed by
the Company and are not under suspension by the Company.
6. THAT the Director shall have the authority to temporarily suspend the
application of this By-law to any or all persons listed in Schedule "A" for a
period of not more than sixty (60) days, during which period any powers
granted by this By-law to the person or persons under suspension shall be
void and without effect, if it is reasonably believed by the Director that the
person, or persons, subject to the suspension has acted, or is acting, in
violation of any terms of the Agreement, Town policies or procedures, or
provincial directives.
7. THAT when acting within the delegated authority as set out in section 6 of this
By-law, the Director shall not be required to report any temporary suspensions
of less than sixty (60) days to the Council of the Town.
8. THAT this By-law shall come into full force and effect on the date of final
passage hereof.
READ A FIRST AND SECOND TIME THIS ldh DAY OF FEBRUARY, 2015.
READ A THIRD TIME AND FINALLY PASSED THIS 10`h DAY OF FEBRUARY,
2015.
Approvaef as to %i7n
DAWE, MAYOR
STEPHEN MJA. HUYCKE, TOWN CLERK
By-law Number 5688-15
Page 3 of 3
Schedule "A"
Municipal Law Enforcement Officers
St. Andrew's College
1. Colby Lawrence
2. Delano Burnett
3. Douglas Ramsey
4. Maurice Whittle