Bylaw Development Bylaw Development Using Your Powers WiselyUsing Your Powers Wisely

Presented by:Presented by:

Ministry of Municipal Affairs Ministry of Municipal Affairs

Advisory Services Advisory Services

www.municipal.gov.sk.cawww.municipal.gov.sk.ca

Ministry OverviewMinistry Overview Programs and ServicesPrograms and Services Growth and DevelopmentGrowth and Development FundingFunding Municipal AdministrationMunicipal Administration Health and SafetyHealth and Safety LegislationLegislation

Canadian ConstitutionCanadian Constitution

UnderUnder the Canadian Constitution, provinces the Canadian Constitution, provinces have the authority to create municipalities have the authority to create municipalities and to delegate to them certain law-making and to delegate to them certain law-making powers.powers.

Laws passed by municipalities are called Laws passed by municipalities are called BYLAWS.BYLAWS.

The Cities ActThe Cities ActThe Municipalities ActThe Municipalities Act

Natural person powers Natural person powers similar legal powers/responsibilities as similar legal powers/responsibilities as

other business entitiesother business entities

Governmental powers Governmental powers bylaws, levying taxes, etcbylaws, levying taxes, etc

Power to pass a bylawPower to pass a bylaw

The power of a municipality to pass a bylaw is The power of a municipality to pass a bylaw is to be interpreted broadly for the purpose of: to be interpreted broadly for the purpose of:

a) providing a broad authority to its council and respecting council’s right to govern the municipality in whatever manner the council considers appropriate, within the jurisdiction provided to the council by law; and

b) enhancing the council’s ability to respond b) enhancing the council’s ability to respond to present and future issues in the to present and future issues in the municipality. municipality.

Council Sets PolicyCouncil Sets Policy

A municipality acts through Council. A municipality acts through Council.

A council exercises power through A council exercises power through the passing of bylaws and the passing of bylaws and resolutions. resolutions.

Bylaw vs ResolutionBylaw vs Resolution

Formalities for passing resolution are Formalities for passing resolution are less restrictive than a bylawless restrictive than a bylaw

Resolutions deal with matters of a Resolutions deal with matters of a minor, administrative natureminor, administrative nature

Legislation may state when a bylaw is Legislation may state when a bylaw is requiredrequired

Bylaw used for important ongoing Bylaw used for important ongoing matters or where a penalty is involved matters or where a penalty is involved

BylawBylaw

Municipal lawMunicipal law Require legislative authorityRequire legislative authority Administrative Administrative RegulatoryRegulatory

Limitations to Municipality’s Limitations to Municipality’s AuthorityAuthority

When statutory authority does not When statutory authority does not support a bylaw, expressed or support a bylaw, expressed or implied, it is implied, it is ultra viresultra vires

Where provisions in a local bylaw Where provisions in a local bylaw conflict with a provincial Act, the conflict with a provincial Act, the provincial statutory provision provincial statutory provision normally takes precedence normally takes precedence

Limitations to Municipality’s Limitations to Municipality’s Authority Authority

Approval of a provincial government Approval of a provincial government ministry or agency. ministry or agency.

Public notice may be required. Public notice may be required.

Points to consider when drafting Points to consider when drafting a bylawa bylaw

If the bylaw is long, break it up into If the bylaw is long, break it up into numbered sections and use headings;numbered sections and use headings;

Try to stick to terms, phrases and wording Try to stick to terms, phrases and wording used in the statute or in the definition used in the statute or in the definition section of the bylaw;section of the bylaw;

Avoid legal jargon and words other than Avoid legal jargon and words other than from the English language;from the English language;

Use “shall” to show that a certain action Use “shall” to show that a certain action must or must not be done;must or must not be done;

Use “may” to show an action that is Use “may” to show an action that is permissive;permissive;

Points to consider when drafting Points to consider when drafting a bylawa bylaw

Use only those clauses that are Use only those clauses that are necessarynecessary

Schedules and forms should be Schedules and forms should be designated with numbers or letters designated with numbers or letters

Distribute copies of the draft bylaw Distribute copies of the draft bylaw to all members of council.to all members of council.

Public participation may be a wise Public participation may be a wise option before the final reading.option before the final reading.

Structure of a BylawStructure of a Bylaw

Provincial municipal legislation does Provincial municipal legislation does not require bylaws to be adopted in not require bylaws to be adopted in any particular form, content or any particular form, content or ordering of content.ordering of content.

Content of a BylawContent of a Bylaw

A. Corporate name A. Corporate name of municipalityof municipality

B. Bylaw numberB. Bylaw numberC. Bylaw titleC. Bylaw titleD. Enactment D. Enactment

clauseclauseE. Citation clauseE. Citation clauseF. Interpretation F. Interpretation

clauseclauseG. Operative clauseG. Operative clause

H. Schedule clauseH. Schedule clauseI. Penalty clauseI. Penalty clauseJ. Repeal clauseJ. Repeal clauseK. Effective date K. Effective date

clauseclauseL. Signing and L. Signing and

sealingsealingM. Dating the bylawM. Dating the bylaw

Content of a BylawContent of a BylawA. Name of MunicipalityA. Name of Municipality

The entire corporate name of the local The entire corporate name of the local government should be set out at the top of government should be set out at the top of the bylaw. the bylaw.

Examples: Examples:

“ “Village of ____________________.”Village of ____________________.”

“ “Town of _____________________.” Town of _____________________.”

“ “City of ______________.”City of ______________.”

““Northern Village ofNorthern Village of__________________________.”.”

Content of a BylawContent of a BylawB. Bylaw Number B. Bylaw Number

The bylaw should include the number The bylaw should include the number of the bylaw and the year it was of the bylaw and the year it was passed. Bylaws should be numbered passed. Bylaws should be numbered consecutively. consecutively.

““Bylaw No. 4/2008” means the fourth Bylaw No. 4/2008” means the fourth bylaw passed in 2008bylaw passed in 2008

Content of a BylawContent of a BylawC. Bylaw Title C. Bylaw Title

States the purpose of the bylawStates the purpose of the bylaw

Content of a BylawContent of a BylawD. Enactment Clause D. Enactment Clause

This clause states that the council is This clause states that the council is the body that enacts the bylaw. the body that enacts the bylaw.

““The council of the Town of _______, The council of the Town of _______, in the Province of Saskatchewan, in the Province of Saskatchewan, enacts as follows: …”.enacts as follows: …”.

Content of a BylawContent of a BylawE. Citation Clause (optional) E. Citation Clause (optional)

This bylaw may be cited as “The This bylaw may be cited as “The Nuisance Abatement Bylaw”.Nuisance Abatement Bylaw”.

Content of a BylawContent of a BylawF. Interpretation Clause F. Interpretation Clause

This clause contains a statement This clause contains a statement of the meaning of a word or a of the meaning of a word or a group of words.group of words.

Content of a BylawContent of a BylawG. Operative Clause(s) G. Operative Clause(s)

The operative clause or clauses The operative clause or clauses state what the bylaw is intending state what the bylaw is intending to do and how it is to be done.to do and how it is to be done.

Content of a BylawContent of a BylawH. Schedule Clause H. Schedule Clause

Matters that are customarily included Matters that are customarily included in schedules include application in schedules include application forms, fees, and so on.forms, fees, and so on.

Content of a BylawContent of a BylawI. Penalty Clause I. Penalty Clause

Legislation limits penaltiesLegislation limits penalties May refer to The General Penalty May refer to The General Penalty

BylawBylaw No provision to set minimum No provision to set minimum

penaltiespenalties

Content of a BylawContent of a BylawJ. Repeal Clause J. Repeal Clause

Example:Example:

“ “Bylaw No.21/1952, passed Bylaw No.21/1952, passed March 15, 1952, being a March 15, 1952, being a bylaw to license dogs, is bylaw to license dogs, is hereby repealed.”hereby repealed.”

Content of a BylawContent of a BylawK. Effective Date Clause K. Effective Date Clause

Example:Example: “ “This bylaw shall come into force and This bylaw shall come into force and

take effect on September ,.”take effect on September ,.”oror

“ “This bylaw shall come into force and This bylaw shall come into force and take effect when approved by the take effect when approved by the Minister of (applicable Provincial Minister of (applicable Provincial department).”department).”

oror “ “This bylaw shall come into force and This bylaw shall come into force and

take effect when approved by the take effect when approved by the Saskatchewan Municipal Board.”Saskatchewan Municipal Board.”

Content of a BylawContent of a BylawL. Signing and Sealing L. Signing and Sealing

Example:Example:

____________________________________

MayorMayor

Seal Seal __________________ __________________

AdministratorAdministrator

Seal

ReadingsReadings

Every proposed bylaw must have Every proposed bylaw must have three distinct and separate readings. three distinct and separate readings.

A “reading” means “a stage of A “reading” means “a stage of consideration”.consideration”.

Adoption ProceduresAdoption Procedures

The procedure to adopt a bylaw shall involve the The procedure to adopt a bylaw shall involve the following steps:following steps: (a) The Administrator prepares the bylaw for council (a) The Administrator prepares the bylaw for council

to consider to consider (b) First reading of the bylaw is moved, discussed (b) First reading of the bylaw is moved, discussed

and a vote is taken;and a vote is taken;(c) Second reading of the bylaw is moved, discussed (c) Second reading of the bylaw is moved, discussed

and again a vote is taken;and again a vote is taken;(d) Amendments after first/second reading are (d) Amendments after first/second reading are

proposed by resolution which, if carried, proposed by resolution which, if carried, becomes part of the proposed bylaw;becomes part of the proposed bylaw;

Adoption Procedures Adoption Procedures

(e) If all three readings are to be given at (e) If all three readings are to be given at the same meeting, a resolution must be the same meeting, a resolution must be introduced to allow three readings at that introduced to allow three readings at that meeting. meeting. This resolution must be This resolution must be passed unanimouslypassed unanimously;;

(f) Third reading of the bylaw is moved and (f) Third reading of the bylaw is moved and if the vote is carried the bylaw is if the vote is carried the bylaw is considered passed and adopted;considered passed and adopted;

(g) Signing and sealing of the bylaw should (g) Signing and sealing of the bylaw should take place immediately or very soon after take place immediately or very soon after the adoption of the bylaw.the adoption of the bylaw.

Adoption Procedures Adoption Procedures

If any of the resolutions authorizing If any of the resolutions authorizing first, second or third readings are not first, second or third readings are not carried, the bylaw does not proceed carried, the bylaw does not proceed beyond that point. If council wishes beyond that point. If council wishes to reintroduce the bylaw, the entire to reintroduce the bylaw, the entire adoption procedure must start over.adoption procedure must start over.

A proposed draft bylaw is defeated if A proposed draft bylaw is defeated if it does not receive the third reading it does not receive the third reading within two years after the first within two years after the first reading. reading.

Retention of Bylaws Retention of Bylaws

The original bylaw should be The original bylaw should be included as an attachment to form included as an attachment to form part of the minutes at the meeting part of the minutes at the meeting where the bylaw received the third where the bylaw received the third and final reading. and final reading.

A certified copy is kept in bylaw A certified copy is kept in bylaw register register

Amending or Repealing BylawsAmending or Repealing Bylaws The same process that applies to the passage The same process that applies to the passage

of bylaws also applies to amending or of bylaws also applies to amending or repealing bylaws. repealing bylaws.

The Amending Bylaw The Amending Bylaw A bylaw that is in effect may only be amended via another bylaw. The purpose of an amending bylaw is to reflect a desired change in an existing bylaw.

The Repealing BylawThe Repealing Bylaw

Bylaws may be repealed at the time Bylaws may be repealed at the time it is replaced by another. it is replaced by another.

A bylaw that is in effect may only be A bylaw that is in effect may only be cancelled by passing a repealing cancelled by passing a repealing bylaw. bylaw.

Some bylaws, for example lease Some bylaws, for example lease agreements, are for a fixed period of agreements, are for a fixed period of time. Upon expiration, they should time. Upon expiration, they should be repealed to officially remove them be repealed to officially remove them from the bylaw register. from the bylaw register.

SeverabilitySeverability

Bylaw is adopted as a whole.Bylaw is adopted as a whole.

Quashing a BylawQuashing a Bylaw

A voter may apply to the court to A voter may apply to the court to quash a bylaw:quash a bylaw:

Ultra ViresUltra Vires Bad faithBad faith DiscretionDiscretion DiscriminationDiscrimination Improper delegationImproper delegation UncertaintyUncertainty

An application to quash must be taken An application to quash must be taken within 60 days of the bylaw passing.within 60 days of the bylaw passing.

Bylaw EnforcementBylaw Enforcement

Enforcement is an area which Enforcement is an area which perplexes many councils.perplexes many councils.

Municipalities have not only the right, Municipalities have not only the right, but the duty, to enforce bylaws.but the duty, to enforce bylaws.

Council may decide which offenders to Council may decide which offenders to prosecute.prosecute.

Resource for case lawResource for case law www.lawsociety.sk.cawww.lawsociety.sk.ca

Bylaw EnforcementBylaw Enforcement

Education and information is a form Education and information is a form of bylaw enforcement.of bylaw enforcement.

Encouraging voluntary compliance is Encouraging voluntary compliance is preferable to prosecution.preferable to prosecution.

Enforcement includes inspection and Enforcement includes inspection and issuing remedial orders.issuing remedial orders.

Prosecution should be a Prosecution should be a municipality's final option.municipality's final option.

Bylaw EnforcementBylaw Enforcement

Remedial orders must meet technical Remedial orders must meet technical requirements:requirements: Recipient must be advised of the right to Recipient must be advised of the right to

appeal.appeal. Remedial action must be specific, including the Remedial action must be specific, including the

deadline to complete the work.deadline to complete the work. Order includes consequences of non-Order includes consequences of non-

compliance.compliance. The municipality will perform the required work.The municipality will perform the required work. The recipient will be charged the cost of the work.The recipient will be charged the cost of the work. If the costs are not paid, the amount will be added to If the costs are not paid, the amount will be added to

taxes.taxes.

Bylaw EnforcementBylaw Enforcement

Municipalities may, on their own or Municipalities may, on their own or with other municipalities, appoint a with other municipalities, appoint a bylaw enforcement officer.bylaw enforcement officer.

Municipal administrators may Municipal administrators may provide limited bylaw enforcement provide limited bylaw enforcement services.services.

Municipalities may contract to Municipalities may contract to provide limited bylaw enforcement provide limited bylaw enforcement services.services.

Bylaw EnforcementBylaw Enforcement

Bylaws create offences and establish Bylaws create offences and establish penalties for non-compliance.penalties for non-compliance.

Municipalities cannot impose fines.Municipalities cannot impose fines. Fines are imposed by the courts.Fines are imposed by the courts. Fines cannot be added to taxes.Fines cannot be added to taxes.

Limited exceptions existLimited exceptions exist

QuestionsQuestions

Thank you for participating in today's Thank you for participating in today's workshop! workshop!

Contact information:Contact information:

ReginaRegina 787-2680787-2680

SaskatoonSaskatoon 933-6922933-6922