TAMRMS#: B06
7.1
REQUEST FOR DECISION
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Bylaw 1/2025 Policing Committee Bylaw
Presented by: Marta Caufield, Director, Legal, Legislative & Records Services
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RECOMMENDED MOTION(S)
recommendation
1. That Bylaw 1/2025, being a bylaw to establish a Policing Committee, be read a first time.
2. That Bylaw 1/2025 be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 1/2025.
4. That Bylaw 1/2025 be read a third time.
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SUMMARY
• Amendments made by the province to the Police Act and associated regulations, which are scheduled to take effect on March 1, 2025, necessitate changes to the City’s current Policing Committee Bylaw.
• A draft of Bylaw 1/2025 was presented to the Policing Committee on January 14, 2025. The Policing Committee is supportive of the changes proposed in Bylaw 1/2025.
• Bylaw 1/2025 is presented for Council’s consideration and approval.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
Effective March 1, 2025, section 28.03 of the Police Act states the following:
28.03(1) A municipality
(a) with a population that is greater than 15 000, and
(b) that has entered into an agreement with the Government of Canada for the employment of the Royal Canadian Mounted Police for the provision of policing services to the municipality
shall establish a municipal policing committee in accordance with the regulations.
BACKGROUND AND DISCUSSION
Bill 6 (the Police Amendment Act, 2022) made various amendments to the Police Act. The remaining changes made by Bill 6, as well as the requirements necessitated by the Police Governance (Ministerial) Regulation, are expected to take effect on March 1, 2025.
The following are the main changes being made by the province with respect to policing committees:
• Policing committees will be mandatory effective March 1, 2025 (previously, municipalities were not required to have Policing Committees, although St. Albert has had a voluntary Policing Committee since 2017).
• Municipalities are permitted to appoint between 3-7 members to the Policing Committee. The province is also permitted to appoint members, with the number of provincial appointees depending on the number of municipal members on the committee.
• All members appointed to a policing committee must pass an “enhanced security check”, which term is not defined in the provincial legislation.
• If a mayor is a member of a Policing Committee, they are not permitted to be appointed Chair of the Committee.
• The duties of Policing Committees will include, among other things, the development of a community safety plan, and providing the plan to the Minister on request.
• The role of the Public Complaint Director will be removed effective March 1, 2025.
St. Albert’s current Policing Committee is established in accordance with the current Policing Committee Bylaw 13/2019. The following updates are being recommended to be made to the bylaw in order to align with the new provincial requirements:
• A definition of “enhanced security check” is added to the bylaw.
• The definition of “oversight standard” is removed as it is no longer required.
• The duties, functions, and responsibilities of the policing committee are clearly outlined in the bylaw, as outlined in the provincial legislation.
• The number of members appointed by Council is changed from a maximum of 9 to 7 members, in order to align with the provincial legislation and to provide reliability and consistency with respect to the number of provincial members that may be appointed.
• Provision has been made for the appointment of a maximum of 3 provincial members, in addition to municipal members which are appointed by Council.
• The mayor is removed as an ex officio member of the Policing Committee. Historically, St. Albert’s mayor was an ex officio member of the Policing Committee, and another member of council was appointed to the Committee as well. In accordance with the new legislation, the number of committee members will now be 7. There will be 6 resident members and 1 member of council (instead of a range of members, up to a maximum of 9). The member of council appointed to the committee may be the mayor, or any other councillor.
• The eligibility criteria for all members of the policing committee are maintained, and have been worded to also apply to members appointed by the province. Of note is the fact that members of the Policing Committee are required to be residents of the City of St. Albert, which requirement applies to provincial appointees.
• The provision outlining reasons why a member of the Policing Committee may be removed for cause has been extended to also apply to those members appointed by the province.
• Given the requirements pertaining to policing committee members, a new section has been created to allow for the attendance of non-committee members at Policing Committee meetings.
Given the extent of the changes to the bylaw, administration is recommending that the current Policing Committee Bylaw be repealed and replaced with Bylaw 1/2025. A repealing provision has been added to Bylaw 1/2025 in order to achieve this.
A clean version of Bylaw 1/2025 has been provided for Council’s information, as well as a redlined version which shows what changes are being recommended as it compares to the current Policing Committee Bylaw.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Administration presented Bylaw 1/2025 to the Policing Committee on January 14, 2025. The Policing Committee members expressed that it was appropriate for the eligibility requirements, including the requirement to be a resident of St. Albert, to apply to all members, including those appointed by the province. The members of the Policing Committee also thought it was appropriate for the “for cause” removal conditions to apply to all members equally.
The Policing Committee carried the following motion unanimously at their January 14, 2025 meeting:
That the Policing Committee recommend to Council that Bylaw 01/2025, as presented by Administration at the January 14, 2025 meeting of the Committee, be approved.
IMPACTS OF RECOMMENDATION(S)
Financial:
None at this time.
There is a new added responsibility for the committee to create a “community safety plan”. Given this, as well as the increased expectations and formalization of policing committees in general in the province, there may be incremental cost increases in the future as policing committee oversight standards get built and are put into action.
Compliance & Legal:
Proposed Bylaw 1/2025 complies with the new requirements of the Police Act, as well as the Police Governance (Ministerial) Regulation.
The Police Act grants the Minister the authority to request that a municipal council take action the Minister considers necessary to correct the situation when, in the opinion of the Minister, a municipality is not providing or maintaining effective policing services or complying with the Police Act or associated regulations (Police Act, s. 30). Accordingly, if the Minister considered any provisions of Bylaw 1/2025 to not be in compliance with the Police Act or regulations, the Minister could require St. Albert’s City Council to make amendments to it.
The new oversight standards are still in development. Once developed, there may be more “rules” that are applicable to policing committees in the future.
Program or Service:
The new requirements found in the regulations require all members of policing committees to pass an enhanced security check. The timing of these enhanced security checks will be sorted out as the new legislation is implemented. If a policing committee member is appointed and subsequently does not pass an enhanced security check, it may require Council to decide whether to remove that member and appoint a replacement member.
With the added responsibilities related to community safety plans, and potentially increased expectations of policing committees by the province, there may be a need to look at increasing staff support to the Policing Committee in the future in order to help coordinate this committee’s activities and obligations.
Organizational:
None at this time.
Risks
Bylaw 1/2025 requires all members to be St. Albert residents in order to be eligible, which includes any potential provincial appointees, and also gives the ability to Council to remove any member, including any provincial appointee, if they are in contravention of the “for cause” provision outlined in the bylaw.
The Police Act grants the Minister the authority to request that a municipal council take action the Minister considers necessary to correct the situation when, in the opinion of the Minister, a municipality is not providing or maintaining effective policing services or complying with the Police Act or associated regulations (Police Act, s. 30). Accordingly, if the Minister considered any provisions of Bylaw 1/2025 to not be in compliance with the Police Act or regulations, there is a risk that the Minister could require St. Albert’s City Council to make amendments to Bylaw 1/2025.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Initiative aligned with Strategic Plan:
Not Applicable
ALIGNMENT TO SERVICE DELIVERY
I.3.2 Council Committees. Provision of advice regarding legislative and procedural processes for Council committees. This includes support for Standing Committees and various Council Committees.
IMPACTS OF ALTERNATIVES CONSIDERED
ALTERNATIVE 1: Council could direct administration to make changes to Bylaw 1/2025 after first reading and prior to third reading.
Financial:
None at this time.
Compliance & Legal:
Depends on the type of changes that Council may direct.
Program or Service:
Depends on the type of changes that Council may direct.
Organizational:
Depends on the type of changes that Council may direct.
Risks
Depends on the type of changes that Council may direct.
ALTERNATIVE 2: Do nothing. If Council does not pass Bylaw 1/2025, current Bylaw 13/2019 would remain in effect.
Financial:
None at this time.
Compliance & Legal:
This is not recommended, as the current Policing Committee Bylaw does not align entirely with the new provisions of the Police Act and its associated regulations.
Program or Service:
This may cause confusion for the members of the Policing Committee, and impose greater requirements for assistance on the staff liaison and other administrative members which assist the Policing Committee.
Organizational:
None at this time.
Risks
There is a risk of the current Policing Committee Bylaw not being compliant with the new requirements of the Police Act and its associated regulations. This is a legal and compliance risk, as well as a reputational risk.
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Report Date: March 4, 2025
Author(s): Marta Caufield
Department: Legal, Legislative & Records Services
Department Director: Marta Caufield
Chief Administrative Officer: Bill Fletcher