​
Human Rights - LEaning in and LEarning

Draft Policy – Encampments on Region-owned
​Public Lands - Dec. 15/21
Report: PDL-LEG-21-69 - Policy Review of Region Bylaw 13-050 – Use or Occupation of Region-owned Public Land
Below text has been sourced from ​​Page 104-107 of the 
​Region of Waterloo Council Meeting,
​Addendum Agenda, December 15, 2021


​REPORT: PDL-LEG-21-69 - POLICY REVIEW OF REGION BYLAW 13-050 – USE OR OCCUPATION OF REGION-OWNED PUBLIC LAND

​1. Recommendation:

That that the Regional Municipality of Waterloo approve a policy for responding to unauthorized use of Region-owned or occupied land attached as an Appendix to Report PDL-LEG-21-69 dated December 15th, 2021.

2. Purpose / Issue:

The purpose of this report is to provide an overview of the existing process for responding to an unauthorized occupation of Region-owned public lands by individuals experiencing homelessness and recommend possible modifications to this process. This report includes a recommended policy that would guide Region of Waterloo staff going forward in providing outreach services to persons living rough on lands owned by the Region of Waterloo. The policy stresses the importance of outreach and service delivery as the first point of engagement and the need to balance the need for providing supports to vulnerable individuals with the civic responsibility of maintaining the use of lands for the public and/or operational needs of the municipality.

3. Strategic Plan:

The information provided in this report supports the Healthy, Safe and Inclusive Communities and Responsive and Engaging Public Service Strategic Plan focus area, specifically objective 4.3, namely activity to “promote and enhance equity in policies, planning, services and decision-making in order to positively affect community well being.

4. Key Considerations:

1) Regional By-law 13-050 – A By-law respecting the Conduct of Persons Entering upon Buildings or Grounds owned or occupied by the Regional Municipality of Waterloo – delegates authority to “Designated Personnel” to issue notices of trespass and take action to prohibit certain activities on regionowned or occupied lands. The persons delegated with decision-making authority include Director/Manager level staff having operational responsibility for the lands. By-law enforcement officers also have delegated authority.

2) “Prohibited Activities” under the bylaw include, broadly, any activities that hinder or obstruct the use or enjoyment of the property by the public or for the operational requirements of the Region of Waterloo. The list of specific prohibited activities expressly references “erecting a structure, tent or temporary shelter on public property without authorization”.

3) This bylaw provides general direction for the form and delivery of notice to persons engaged in a Prohibited Activity. It also provides that staff may engage the Waterloo Regional Police Service to request assistance or initiate any other action the police service may determine necessary in the circumstances.

4) Enforcement of the Region’s bylaw has historically been complaint driven. In the instance of enforcement which took place on November 26th, complaints about the encampment at 34 Stirling Street the Region were received from members of the public including passengers on GRT expressing concern about safety given the close proximity of tents to the nearby transit shelter/stop.

5) The Region’s bylaw has broad application to a wide range of prohibited activities. As a result, specific direction as to the timing and manner of enforcement is not set out in the bylaw. In the instance of enforcement that took place at the property at 34 Stirling Street, the Licensing and Enforcement Division made the operational decision to include a road maintenance crew with heavy equipment due to the presence of large items and that the site posed broader health and safety concerns. These concerns stemmed from the presence of generally unsanitary conditions, broken glass from the nearby bus shelter, large items (ie. couch and mattresses) and drug paraphernalia, including sharps (some of which were removed by by-law enforcement officers).

6) The Region’s bylaw is similar to bylaws in other municipalities which largely adopt the provisions of provincial legislation, namely the Trespass to Property Act, a statute which provides legal authority for any owner or occupier of land – whether publicly or privately owned – to require individuals to vacate land on prior notice. The bylaw provides general direction and while staff actions undertaken in the context of the 34 Stirling Street site were consistent with the requirements of the bylaw, the manner in which these actions were carried out did not reflect the dignity of those living at the encampment.

7) As a result, Regional staff conducted a review of the existing process and have attached a sample policy to this Report. The policy would supplement the existing bylaw and is intended to:

a. prioritize the health and safety of all concerned and respect for the individuals experiencing homeless and their possessions;

​b. put greater emphasis on the importance of assisting individuals to access safer, sustainable, and healthier alternatives and clarify that enforcement will only occur after all reasonable support efforts have been attempted without success;

c. provide for a centralized process for receiving information about encampments and co-ordinating communications with members of Regional Council, delivery of outreach services and engagement with other Regional departments; and

d. elevate decision-making to senior management recognizing the complexity of balancing the need to provide appropriate supports to vulnerable individuals with the civic responsibility of maintaining public safety and public uses of land.

5. Background:

​On November 26th, 2021, Regional by-law enforcement staff attended at 34 Stirling Street in the City of Kitchener to enforce the provisions of a Region bylaw prohibiting unauthorized occupation of Region-owned public lands. While the decision to remove belongings with heavy equipment was made to protect the health and safety of staff and members of the community, the manner in which this was carried out did not reflect the dignity of those living at the encampment.

As a result, Region staff undertook to conduct a review and suggest modifications to the Region’s process to ensure individuals experiencing homelessness and their belongings are treated with respect and dignity.

6. Area Municipality Communication and Public/Stakeholder Engagement:

​As noted above, area municipalities have similar by-laws – specifically addressing prohibited activities in parks. By-law 13-050 and the attached policy, if approved, would apply only to Region-owned or occupied (ie. rented) land and would not apply to lands within the jurisdiction of area municipalities or private lands. 

7. Financial Implications:

None.

8. Conclusion / Next Steps:

This report recommends adopting a policy intended to provide enhanced clarity of decision-making and communications in situations where Regional staff may have to respond to an encampment on Region-owned property in the future. This policy would supplement existing By-law 13-050 described above.​
Region Bylaw 13-050 – Conduct of Persons Entering upon Buildings or Grounds owned or occupied by the Region of Waterloo ​
Below text has been sourced from ​​Page XXX-XXX) of the Region of Waterloo Council Meeting,
​Addendum Agenda, December 15, 2021

​
DRAFT POLICY – ENCAMPMENTS ON REGION-OWNED PUBLIC LANDS
​Text seen quoted below has been sourced from ​​Appendix B- Draft Policy – Encampments on Region-Owned Public Lands (page 108-109), Region of Waterloo Council Meeting, Addendum Agenda, December 15, 2021
This policy will guide Region of Waterloo staff in providing outreach services toindividuals living rough on lands owned or occupied by the Region of Waterloo. This policy seeks to balance the need to provide appropriate supports to vulnerable individuals with the civic responsibility of maintaining the use of these lands for the public and/or operational requirements of the municipality.
 
This policy is also intended to supplement, not replace, Regional By-law 13-050 – A By-law respecting the Conduct of Persons Entering upon Buildings or Grounds owned or occupied by the Regional Municipality of Waterloo.

Key Principles:

The following four principles will guide any action required to support individuals living rough and experiencing homelessness on lands owned or occupied by the Region of Waterloo:

  1. The Region’s priority is to assist individuals to access safer, sustainable, and healthier alternatives, not enforcement. Enforcement will only occur after all reasonable support efforts have been attempted without success and with reasonable advance notice of the requirement to vacate a public space. In exceptional circumstances, however, more immediate intervention may be required to address public safety concerns.
  2. Regional staff, supported by community social service agencies, will work with individuals living outside to respond to their individual needs on a case-by-case basis by providing access to services, supports and shelter. The Region will use a co-ordinated approach between Regional departments in responding to the needs and issues related to individuals living rough or experiencing homelessness.
  3. The Region will engage in ongoing proactive communication with individuals experiencing homelessness, service providers, Regional councillors, community agencies and other groups.
  4. The Region acknowledges that individuals living rough cannot be forced to accept services and supports. However, the refusal of an individual to accept services and supports is not sufficient reason to prevent the enforcement of Regional by-laws.


Step 1 - Outreach Services to Assist Individuals Experiencing Homelessness

The first point of engagement with individuals occupying Region owned or occupied lands will be through the Region’s Community Services department, directly, or indirectly via third party outreach agencies. The goal of the Region’s outreach initiatives will be to assist and encourage people currently living rough on publicly owned lands to access safer and healthier alternatives, including housing, support services, shelter and more permanent housing options.

The Director of Housing and their staff will receive all reports of encampments within the Region of Waterloo and will coordinate efforts to provide services for individuals living rough and experiencing homelessness through community agencies and other Region departments, including Public Health. The Housing Division will work closely with other Regional departments to ensure that the timing of any enforcement activities is co-ordinated with outreach efforts. In some circumstances, it is anticipated that given the appropriate outreach and supports over time, individuals will be assisted in securing better alternatives than living rough and will voluntarily vacate Region-owned or occupied lands, making enforcement unnecessary.

Step 2 – Notification, Communication and Enforcement

Enforcement will only occur after all reasonable outreach and support efforts have been provided without success and with reasonable advance notice of the requirement to vacate a public space. In exceptional circumstances, however, more immediate intervention may be required to address public safety concerns.

The Commissioner of the Regional department having operational responsibility for the Region-owned or occupied public lands shall be responsible for making a determination to provide notice to individuals that camping is to be discontinued and that personal goods, debris and structures are to be cleared by the individuals from a public space or right of way. The Commissioner shall consult with the Regional Solicitor and Chief Administrative Officer in making this determination. Regional Council will be notified of a decision to issue notices to vacate.

The primary objective of any enforcement activity will be to ensure the safety of all concerned and respect for the individuals experiencing homelessness and their possessions. In circumstances where a site has been vacated due to prior outreach activities, by-law enforcement officers will attend at the site to undertake any required clean-up having regard to the foregoing primary objective. These activities may be coordinated with the Waterloo Region Police Service and other Regional departments to maintain the safety of staff. In circumstances where a site is not vacant, by-law enforcement officers will consult with the Regional Solicitor prior to initiating on-site enforcement. The Regional Solicitor shall be responsible for providing advice to Regional Council on any proposed enforcement activity on a site where individuals refuse to accept supports and have not vacated a particular property.