Power of Entry By-law 2026-004

1.1 In this By-law:

1. “Act” means the Municipal Act, S.O. 2001, c.25, as from time-to-time amended, or its predecessor;
   
   
2. "Council" means the Council of the Corporation of the Town of Bradford West Gwillimbury;
   
   
3. "Land" includes any private property, premises, grounds, yards or vacant lot and includes building, structures and dwellings;
   
   
4. “Occupier” means a person, firm or corporation having control over any portion of the building or property under consideration and includes the persons in a building or on property;
   
   
5. "Officer" means a Municipal Law Enforcement Officer or Police Officer, a Fire Department Official or designate, Chief Building Official or designate, Director of Growth Services or designate, Director of Infrastructure or designate, or any other individual designated to enforce the provision of any Town By-law, provincial or federal statute;
   
   
6. "Town" means the Corporation of the Town of Bradford West Gwillimbury.

2.1 In this By-law, a word interpreted in the singular number has a corresponding meaning when used in the plural.

3.1 This By-law shall apply to all By-laws of the Town passed under the Act, or its predecessor.

4.1 An Officer of the Town may, at any reasonable time, enter upon any land for the purpose of conducting an inspection to determine whether there is compliance with any of the following:

1. A By-law of the Town passed under the Act, or its predecessor;
2. A direction or order of the Town under the Act, or made under a By-law of the Town passed pursuant to the Act, or its predecessor;
3. A condition of a licence issued under a By-law of the Town passed under the Act, or its predecessor;
4. An order made under Section 431 of the Act.

5.1 For the purposes of an inspection under Section 4 of this By-law, an Officer may:

1. require the production of documents or things relevant to the inspection;
2. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
3. require information from any person concerning a matter related to the inspection;
4. alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

5.2 A sample taken under Section 5.1(d) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if:

1. the person so requests at the time the sample is taken and provides the necessary facilities; and
2. it is technically feasible to divide the sample.

5.3 If a sample is taken under Section 5.1(d) and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.

5.4 A receipt shall be provided for any document or thing removed under Section 5.1(b), and the document or thing shall be promptly returned after the copies or extracts are made.

5.5 Copies of or extracts from documents and things removed under Section 5 and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.

5.6 Every occupier shall permit an Officer to inspect any land for the purposes as set out in Section 4.1 of this By-law. An Officer may be accompanied by a person under his or her direction.

6.1 Notwithstanding any provision of this By-law, an Officer shall not enter or remain in any room or place actually being used as a dwelling unless:

1. the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 
   438 of the Act, a warrant issued under section 439 of the Act or a warrant under section 386.3 of the Act;
2. an order issued under section 438 of the Act is obtained;
3. a warrant issued under section 439 of the Act is obtained;
4. a warrant issued under section 386.3 of the Act is obtained;
5. the delay necessary to obtain an order under section 438 of the Act, to obtain a warrant under section 439 of the Act or to obtain the consent of the occupier would result in an immediate danger to the health and safety of any person; or
6. the municipality has given notice of its intention to enter to the occupier of the lands required under subsection 435 of the Act, and the entry is authorized under section 79, 80 or 446 of the Act.

7.1 No person shall hinder or obstruct or attempt to hinder or obstruct any Officer or other person, who is exercising a power or performing a duty under the Act or a By-law passed under the Act.

7.2 Without limiting Section 7.1, “Obstruct” includes:

1. to hinder or mislead;
2. to knowingly provide false information or make a false claim or statement;
3. to prevent, bar or delay or attempt to prevent, bar or delay any person, including an Officer, from carrying out his or her duties or exercising his or her powers, including but not limited to the removal 
   of documents or things relevant to the inspection, or the taking of any tests, samples or photographs necessary for the purposes of the inspection;
4. to prevent, bar or delay or attempt to prevent, bar or delay any person, including an Officer, from exercising his or her authority pursuant to an order.

7.3 Without limiting Section 7.1 or 7.2, any person alleged to have contravened any of the provisions of this By-law shall identify themselves to an Officer upon request. Failure to do so constitutes obstruction of the Officer in the execution of his or her duties, contrary to Section 7.1 of this By-law.

8.1 In addition to any other provision of this By-law, and subject to the Act, a provincial judge or justice of the peace may issue an order authorizing an Officer and any person under their direction to enter onto or into any premises, including a room or place actually being used as a dwelling, for the purpose of conducting an inspection to determine compliance with:

1. Any provision of this By-law;
2. Any direction or order issued by an Officer of the Town under this By-law or under the Act in relation to the subject matter of this By-law;
3. Any condition of a licence issued under this By-law;
4. Any order made under section 431 of the Act in relation to the subject matter of this By-law.

The order may also authorize the exercise of powers described in Section 4 of this By-law, where the provincial judge or justice is satisfied by evidence under oath that the inspection is reasonably necessary and the Officer has been, or is likely to be, prevented from exercising powers under Sections 
4.1, 5.1, or 6.1 of this By-law.

8.2 An Officer named in an order issued under Section 8.1, and any person under their direction named in the order, may in accordance with the order, enter onto or into land described in the order, including any room or place actually being used as a dwelling, and may exercise any power set out in the order for the purpose of conducting the inspection.

8.3 Where an Officer is satisfied that a contravention of this By-law has occurred, the Officer may issue an order requiring the person who contravened the By-law, causes or permits the contravention, or owns or 
occupies the land on which the contravention occurs, to discontinue the contravening activity.

8.4 An order under section 8.3 shall set out:

1. Reasonable particulars of the contravention adequate to identify the contravention and the municipal address on which the contravention occurred;
2. The day by which there must be compliance with the order; and
3. The date on which the order expires, if appropriate.

8.5 An order under section 8.3 may require work to be done even though the facts which constitute the contravention of the By-law were present before this By-law making them a contravention at the time this By-law came into force.

8.6 No person shall fail to comply, in whole or in part, with an order issued under subsection 8.3.

9.1 Any person who contravenes a provision of this By-law is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of $100,000.00.

9.2 In the case of a continuing offence, for each day or part of a day that the offence continues, the person is liable to a minimum fine of $250.00 and a maximum fine of $10,000.00 per day, with a limitation of $100,000 as set out in Section 9.1.

9.4 A director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation is guilty of an offence and subject to the penalty set out in this section.

9.3 Upon conviction, in addition to any other remedy or penalty imposed under this By-law, the court that enters the conviction and any court of competent jurisdiction, thereafter, may make an order prohibiting the continuation or repetition of the offence by the convicted person.

9.4 Where a person fails to do the matter or thing as directed or required by an Officer or other person pursuant to this By-law or the Act, the matter or thing may be done by the Municipality at the person’s expense which associated costs may be added to the tax roll of the person to be collected in the same manner as property taxes.

10.1 If any provision of this By-law or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this By-law, which can be given effect without the invalid provision or application, and to this end the provisions of this By-law are severable.

11.1 This By-law shall apply in addition to the provisions of any other Town By-law and the Act, provided that in the event of conflict between the provisions of any other Town By-law and the Act, the Act shall be paramount over this By-law, provided such provisions are not contrary to law.

11.2 Nothing in this By-law shall limit any other statutory or common law rights or powers of the Town or any Officer to enter on Land.

12.1 This By-law may be cited as the "Power of Entry By-law."

13.1 This By-law shall come into force and take effect on the date it is enacted.

Enacted February 3, 2026.

Original signed by Tara Reynolds, Clerk and James Leduc, Mayor.