Trail’s enforcement ability against encampments limited, report finds

The provincial government says the City of Trail is on its own when it comes to enforcing bylaws against encampments on Crown land along the Columbia River.

A staff report presented to city council last week included a letter from Randene Neil, the minister of water, land, and resource stewardship, following up on conversations the city had with her ministry last year.

Neil said local bylaws govern land use within municipal boundaries, even on Crown land, and enforcement is up to the city. If a conservation officer receives a complaint, they will refer it to city staff. She said the province only assumes responsibility for compliance and enforcement outside of city limits.

David Moorhead, the city’s acting director of parks and recreation, said they also received correspondence from the Ministry of Forests. “Based on responses from both of them, it doesn’t appear there will be any collaboration regarding encampments,” he said.

The province will take no action on complaints reported to its RAPP line if a matter is deemed a city responsibility, he added.

However, the city will continue to collaborate with many agencies on the issue of homelessness, Moorhead wrote, including BC Housing, Interior Health, the Trail Association for Community Living, the Trail Community Action Team, and ANKORS.

Moorhead said there are limits on the city’s enforcement abilities because housing is a human right. If no adequate alternative housing exists for someone to be moved to, the city can’t remove someone’s camp while it’s occupied. However, bylaw staff or contractors can remove abandoned camps. They can also remove garbage and connect people with services that might get them into housing.

Encampments have popped up between the Gyro Park boat launch and the Victoria Street bridge as well as on the riverbank below the shelter on Riverside Avenue. Moorhead’s report said bylaw officers monitor both areas regularly, and camp occupants have “consistently cooperated with requests to clean and maintain the sites.” Because the camps are not in places heavily used by the public, the city hasn’t pressed for their removal.

However, councillor Terry Martin said one encampment may complicate the fireworks display at Silver City Days this year, because it’s just down river of the boat launch, which is normally used as the fireworks staging area. He said the fire department is concerned it could be a safety hazard, but he added there is still time to figure something out.

Council received the report for information, without taking further action. Councillor Nick Cashol, who requested the report, said it answered all of his questions. He added that he prefers to have third-party contractors look after clean-ups rather than leaving the work to bylaw officers.

Greg Nesteroff
Greg Nesteroff
Greg has been working in West Kootenay news media off and on since 1998. When he's not on the air, he's busy writing about local history. He has recently published a book about the man who founded the ghost town of Sandon.

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