Sheltering in Public Spaces Bylaw

Consider the following model by-law regarding sheltering in public spaces:¹

1. Definitions

“Unhoused Person” means a person who has neither a fixed address nor a predictable residence to return to on a daily basis.

“City Property” means any land located within the Municipality to which the Municipality holds title or to which the Municipality is otherwise in possession.

“Temporary Shelter” means a tent, lean to or other form of shelter that is temporary and portable in nature that is constructed from nylon, plastic, cardboard or other similar non-rigid material, and that covers an area of less than ten (10) square meters.

2. General Prohibition

No person may, on any City Property:

a. obstruct the free use and enjoyment of any Park by any other person;

b. violate any bylaw, rule, regulation, posted notice, or command of the Council or a person in control of, or maintaining or supervising, any Park; or

c. urinate or defecate in or on a Park except in a provided public or private toilet facility; and

d. in addition to any other penalty under this Bylaw, any person who violates this Section may be removed from the Park.

3. Erecting Structures

a. Subject to Section 3(b), no person may erect, construct, or build, or cause to be erected, constructed, or built, in or on any City Property any tent, building, shelter, pavilion, or other construction whatsoever without the prior written permission of the Council. In determining whether to grant permission, Council may consider the matters set out in Section 8.

b. Notwithstanding Section 3(a), where there is no accessible shelter accommodation available in the City, a Homeless Person may, without the prior written permission of the Council, as set out in Section 3(a), erect and occupy a Temporary Shelter on a City Property listed in Schedule “A” to this Bylaw, between the hours of 7:00 p.m. on one day and 9:00 a.m. of the following day, provided that the Homeless Person:

(i) not erect the Temporary Shelter until after 7:00 pm on one day;

(ii) take down and remove the Temporary Shelter from the Park prior to 9:00 am of the following day;

(iii) comply with all other provisions of this Bylaw;

c. The Council, or any officer, employee, or agent of the City may, in addition to any other authority granted under this Bylaw, remove or cause to be removed from any City Property any Temporary Shelter that is not in compliance with this Bylaw.

4 Curfew/Camping

Subject to Section 6(c), no person may:

a. enter, occupy or be present on any City Property at any time between one hour after sunset on one day and one hour before sunrise the following day, with the exception of any of the outdoor City Property facilities with lights, as set out in Schedule “B”, while such facility is open for use and the lights operating; or

b. take up temporary abode or camp overnight in or on any parts of a City Property without the prior permission of the Designated municipal official. In determining whether to grant permission, the Designated municipal official may consider the matters set out in Section 8.

c. Notwithstanding Section 6 (a) and 6(b), where there is no shelter accommodation available in the City, an Unhoused Person may, without the prior written permission of the Designated municipal official, as set out in Section 6(b), take up temporary abode or camp on City Property listed in Schedule “A” to this Bylaw, between the hours of 7:00 pm on one day and 9:00 am of the following day, provided that the Unhoused Person:

(i) not commence taking up temporary abode or camping until after 7:00 pm on one day;

(ii) cease taking up temporary abode in the Park and camping in the Park prior to 9:00 am of the following day;

(iii) comply with all other provisions of this Bylaw;

In your view, based on the course materials this week, would the above model bylaw be in accordance with section 7 of the Charter? Why or why not? Whether or not you think the model bylaw violates the Charter, what provisions, if any, would you recommend amending and why?