NCJ Number
52307
Date Published
1978
Length
28 pages
Annotation
PROBLEMS IN THE MUNICIPAL BYLAW SYSTEM IDENTIFIED BY THE KIRBY STUDY AND THE RECOMMENDATIONS PROPOSED ARE ASSESSED, AND SUGGESTIONS ARE OFFERED ABOUT THE IMPLEMENTATION OF THE MODIFIED RECOMMENDATIONS.
Abstract
MUNICIPAL BYLAWS IN CANADA CONSTITUTE REGULATORY CONTROLS OVER BUSINESSES, LANDLORDS, AND HOMEOWNERS WITHIN MUNICIPAL JURISDICTIONS. THE KIRBY MUNICIPAL BY-LAW RECOMMENDATIONS STUDY WAS ESTABLISHED TO FURTHER DEFINE THE PROBLEMS INDICATED IN THE KIRBY REPORT, ASSESS THE POTENTIAL IMPACT OF THE RECOMMENDATIONS ON THE DEFINED PROBLEMS AND VARIOUS AGENCIES, AND DEVELOP A PLAN OF ACTION FOR PROCEEDING WITH THE OBJECTIVE OF IMPLEMENTING THE MODIFIED RECOMMENDATIONS DERIVED FROM THE STUDY. AN ASSESSMENT OF THE BYLAW PROCESS PROBLEMS AND THE KIRBY RECOMMENDATIONS WAS CONDUCTED THROUGH THE FOLLOWING PROCEDURES: IN-DEPTH INTERVIEWS WITH INVOLVED PERSONNEL; DISTRIBUTION OF QUESTIONNAIRES TO A WIDE SPECTRUM OF MUNICIPALITIES, COURT CLERKS, JUDGES, AND PROSECUTORS; AND BY ANALYZING THE RELEVANT COURT LOADING AND BYLAW STATISTICAL INFORMATION. IT WAS DETERMINED THAT THE PROBLEMS WITH THE MUNICIPAL BYLAW PROCESS EXTEND BEYOND THE COURT SYSTEM INTO THE ACTUAL DRAFTING, ENACTMENT, CONSOLIDATION, AND ENFORCEMENT ACTIVITIES THAT OCCUR WITHIN THE MUNICIPALITIES' CONTROL. IT IS ADVISED THAT EFFECTIVE IMPLEMENTATION OF ANY CHANGES IN THE MUNICIPAL BYLAW PROCESS WILL REQUIRE THE ATTORNEY GENERAL'S DEPARTMENT AND THE DEPARTMENT OF MUNICIPAL AFFAIRS TO ESTABLISH A SHARED RESPONSIBILITY FOR EXECUTING THE SUGGESTED IMPLEMENTATION ACTIVITIES. IT IS FURTHER SUGGESTED THAT THE MUNICIPALITIES OF CALGARY AND EDMONTON, TOGETHER WITH THE TWO MAJOR MUNICIPALITY ASSOCIATIONS IN ALBERTA, SHOULD SERVE IN AN ADVISORY CAPACITY THROUGHOUT THE IMPLEMENTATION OF CHANGES TO THE BYLAW PROCESS. A REVISED SET OF RECOMMENDATIONS ARE OFFERED AND PLACED INTO AN IMPLEMENTATION PLAN FRAMEWORK. (RCB)