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Preamble:
WHEREAS rural municipalities are responsible for enforcing a wide range of municipal bylaws, including those related to property maintenance, snow removal, grass cutting, and animal control, to ensure community standards, safety, and well-being; and
WHEREAS the Provincial Offences Procedure Act (POPA) currently requires personal service of offence notices for municipal bylaw contraventions, except in specific instances such as parking violations or offences designated by the Minister under section 31(5)(c); and
WHEREAS personal service of offence notices pose challenges in rural municipalities due to the frequent unavailability of property owners or animal owners, absentee landlords, non-local individuals, or transient pet owners, resulting in inefficiencies and delays in enforcement; and
WHEREAS this personal service requirement creates unnecessary administrative burdens and costs for municipalities, constituting a form of red tape that reduces the effectiveness of bylaw enforcement and impedes timely resolution of community concerns; and
WHEREAS the Government of Alberta has committed to cutting red tape to improve services, reduce burdens, and save time and resources for municipalities and citizens.
Operative Clause:
THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) advocate to the Government of Alberta to amend the Provincial Offences Procedure Act (POPA) to:
Member Background:
Rural municipalities face unique challenges in enforcing bylaws across large geographic areas with sparse populations. The current requirement for personal service of offence notices under POPA results in unnecessary administrative delays, increased enforcement costs, and reduced compliance, particularly when dealing with:
These barriers constitute red tape, creating inefficiencies and preventing municipalities from focusing their resources on improving community standards and public safety.
Amending POPA to allow for service of offence notices via ordinary mail rather than in person for designated bylaw offences aligns with Alberta’s Red Tape Reduction Strategy by:
This resolution supports Alberta’s commitment to cutting red tape, empowering municipalities, and improving enforcement of bylaws related to property maintenance, snow removal, grass cutting, and animal control.
RMA Background:
RMA has no active resolutions directly related to this issue.
Alberta Court and Justice Services
Section 31(5)(c) was added to the Provincial Offences Procedure Act on December 9, 2020. It authorizes the Minister of Justice to designate offences as ones where the defendant – a person charged with an offence – can be served with a violation ticket by ordinary mail. It was enacted to provide a streamlined mechanism to allow, where appropriate, more tickets to be served by mail, creating efficiencies for law enforcement by reducing the number of times officers are required to locate and personally serve a ticket on a defendant.
Section 31(5)(c) requires that the Registrar of Motor Vehicle Services (Registrar) have a record of a subsisting operator’s licence or identity card for the defendant and that the ticket be mailed to the defendant’s address as shown on the Registrar’s records. Mailing tickets to a defendant’s address as shown on the Registrar’s records has been used for many years in cases where a defendant is charged with a parking offence or as the owner of a vehicle. It has proven to be a reliable method of service as everyone holding a subsisting Alberta operator’s license or identity card is required to provide their address information to the Registrar and keep it current.
As noted in resolution 12-25S, rural municipalities face unique challenges with law enforcement in having to contend with large geographic areas and sparse populations. Section 31(5)(c) is a valuable tool that can, in appropriate circumstances, be used to overcome these challenges and increase the efficiency and effectiveness of law enforcement in rural municipalities. As such, Alberta Justice would be pleased to work with the RMA and rural law enforcement agencies to explore further how section 31(5)(c) might be used to create efficiencies for law enforcement when dealing with certain offences.
Development:
Under the violation ticketing scheme outlined by POPA, violation tickets may be delivered to defendants who have been charged with an offence through ordinary mail where the Minister has approved this operation and the individual has a registered address with the Registrar of Motor Vehicle Services.
The Minister, by order, may also approve digital or electronic platforms, systems, processes, or other means of communication – including email – used for the purpose of providing notices, summons, and violation tickets to interested parties. POPA already allows for notices and other documents to be served on defendants through email for limited offences where indicated in the Act and Regulation.
RMA is pleased to hear that the Minister has recognized possible efficient methods may be available to municipalities in the delivery of documents to parties – including violation tickets to defendants. The Minister also acknowledges the potentially problematic issues by relying on the delivery of documents to the last-known registered address of an individual. Without legislative development, serving a violation ticket through personal service will remain difficult as an officer must physically hand the violation ticket to the defendant and record the defendant’s identity, with proof, during the exchange.
RMA is excited to see that the Ministry has committed to working with RMA in developing a strategy to develop and implement changes improving the service scheme established by POPA in an effort to address the needs of rural municipalities and rural law enforcement agencies. RMA is eager to begin working with the Ministry of Alberta Justice and Court and Justice Services in fulfilling this resolution. This resolution is assigned a status of Accepted in Principle.
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