By Pete McIntyre

City bylaw officers can provide warnings, but not fines or penalties under provincial state of emergency

Mar 30, 2020 | 1:25 PM

The City of Vernon is clarifying what duties its bylaw officers are authorized to undertake as a result of the provincial state of emergency over COVID-19.

The province has called on municipal bylaw officers to help enforce public health orders.

“On March 26, the Minister of Public Safety and Solicitor General announced that under section 9 (1) of the Emergency Program Act, bylaw enforcement officers are to provide assistance “as may be required for the purposes of enforcing public health orders,”’ a City of Vernon news release said.

The city said their officers are monitoring facilities and areas closed to the public, and providing warnings and information to people and businesses that may not be following the rules.

The officers are not authorized to detain an individual as a result of a contravention or issue a fine or penalty.

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If bylaw officers see a possible violation of a public health order (such as a large gathering of people), they may provide education and verbal warnings, but then must report the incident to the provincial health authority for any further action.

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According to the provincial order, the assistance provided by bylaw officers may include:

Monitoring facilities and areas closed to the public by a public health order;
Providing warnings, information and advice to businesses and members of the public in respect of public health orders, including warnings to businesses and members of the public who may be acting in contravention of a public health order;
Providing health officers with information in respect of potential contraventions of a public health order.

Under the order, bylaw officers are not authorized to:

Detain an individual as a result of a contravention or suspected contravention of a public health order, or
Issue a fine or penalty, including an administrative penalty, under the Public Health Act.
If bylaw officers observe a possible contravention of a public health order (such as a large gathering of people), they may provide members of the public with education and verbal warnings, but then must report the possible contravention to the Provincial Health Authority for any further action.

Click here for further details on the ministerial order.

by Pete McIntyre

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