Regional Municipality of Waterloo
Community and Health Services Committee
Agenda

Meeting #:
Date:
Regular Session:
-
Location:
Council Chambers/Electronic

Should you require an alternative format please contact the Regional Clerk at Tel.: 519-575-4400, TTY: 519-575-4605, or regionalclerk@regionofwaterloo.ca


1.
This item has Video

 

2.
This item has Video

 

4.
This item has Video

 

5.
This item has Video

 

6.
This item has Video

 

Items on the Consent Agenda can be approved in one motion of Committee to save time. Prior to the motion being voted on, any member of Committee may request that one or more of the items be removed from the Consent Agenda and voted on separately.

  • Recommended Motion:

    That the Consent Agenda items be received for information and approved.

  • Recommended Motion:

    That the Regional Municipality of Waterloo amend the Fees and Charges Bylaw (#21-072) as of January 1, 2023 to reflect a 52.75% reduction in parent fee rates for children under the age of six for the Region of Waterloo’s Licensed Home Child Care program, as mandated by the new Canada Wide Early Learning and Childcare plan as set out in report CSD-CHS-22-004 dated December 6, 2022.

7.
This item has Video

 
  • Recommended Motion:

    That the Regional Municipality of Waterloo take the following actions regarding P2022-19 Affordable Housing as outlined in CSD-HOU-22-022 dated December 6, 2022:

    1. Approve the recommended Priority Projects under P2022-19 Affordable Housing, as detailed in Appendix A;
    2. Approve Regional Development Charge grants for the recommended Priority Projects in accordance with existing Regional policy;
    3. Authorize the Commissioner, Community Services to execute such agreements and documentation in a form satisfactory to the Regional Solicitor as may be required to process the advance of funding to proponents of the recommended Priority Projects; and
    4. Authorize the Director, Housing Services to execute and deliver all documentation required by the Province of Ontario and the Region of Waterloo for funding the recommended Priority Projects, and to finalize the funding and conditions with the proponents.

9.
This item has Video

 
  • Recommended Motion:

    Whereas the Region of Waterloo enacted Regional Bylaw number 13-050 with is entitled A By-law Respecting the Conduct of Persons Entering Upon Buildings, Grounds and Public Transportation Vehicles Owned or Occupied by The Regional Municipality of Waterloo dated December 11, 2013 (Bylaw 13-050);

    And whereas the intent and purpose of Regional Bylaw 13-050 was to create a code of use with respect to the use of Regional property;

    And whereas Regional Bylaw 13-050 provides the Region of Waterloo with steps and actions to be taken by the Region of Waterloo where a party, including individuals on Regional lands, is acting in violation of the said Bylaw;

    And whereas Regional Bylaw 13-050 specifically provides the Region with the power to exercise any other rights or powers pursuant to the Trespass to Property Act that are reasonable in the circumstances; 

    And whereas Regional Bylaw 13-050 specifically provides that the Region of Waterloo may contact the Waterloo Regional Police Service (referred to as the “WRPS”), or any other police service having lawful jurisdiction, at any time to request assistance or to initiate any other action as the police service may deem necessary in the circumstances.

    And whereas Regional Bylaw 13-050 provides that the Director of Facilities Management and Fleet Services, or successor, shall have all necessary authority to administer the Bylaw;
    And whereas Regional Bylaw 13-050 specifically provides that Designated Personnel, being certain identified Regional personnel or a Regionally appointed individual “may contact the Waterloo Regional Police Service, or any other police service having lawful jurisdiction, at any time to request assistance or to initiate any other action as the police service may deem necessary in the circumstances.”;

    And whereas the Regional of Waterloo is also provided with powers under the Trespass to Property Act R.S.O. 1990 which provides for specific actions and powers that can be taken by the Region of Waterloo against any party that is residing on Regional property without permission of the occupier/owner of the property;

    And whereas, following the eviction of the encampment at Stirling Street, Kitchener, in November 2021, the Region of Waterloo adopted a policy in December 2021 (hereinafter referred to as the “Encampment Policy”) which policy is intended to supplement, not replace, Regional Bylaw 13-050;

    And whereas the Encampment Policy is intended to guide the Region in dealing with individuals in providing outreach services to individuals living rough on lands owned or occupied by the Region of Waterloo. The Encampment Policy stresses the importance of outreach and service delivery as the first point of engagement and the need to balance the need for providing supports to vulnerable individuals with the civic responsibility of maintaining the use of lands for the public and/or operational needs of the municipality.

    And whereas the Encampment Policy provides that The Commissioner of the Regional department having operational responsibility for the Region-owned or occupied public lands shall be responsible for making a determination to provide notice to individuals that camping is to be discontinued and that personal goods, debris and structures are to be cleared by the individuals from a public space or right of way. The Encampment Policy further provides that the Commissioner shall consult with the Regional Solicitor and Chief Administrative Officer in making this determination and that Regional Council will be notified of a decision to issue notices to vacate.

    And whereas the Encampment Policy further provides that the primary objective of any enforcement activity will be to ensure the safety of all concerned and respect for the individuals experiencing homeless and their possessions. 
    And whereas the Encampment Policy further provides that these activities may be co-ordinated with the Waterloo Region Police Service and other Regional departments to maintain the safety of staff. In circumstances where a site is not vacant, by-law enforcement officers will consult with the Regional Solicitor prior to initiating on-site enforcement. The Regional Solicitor shall be responsible for providing advice to Regional Council on any proposed enforcement activity on a site where individuals refuse to accept supports and have not vacated a particular property.

    And whereas an encampment, beginning early in 2022, developed at the intersection of Victoria Street and Weber Street in Kitchener on Regionally owned land (referred to as the “Encampment”);

    And whereas the Region of Waterloo commenced an eviction action on June 6, 2022, by posting a sign at the Encampment advising individuals to vacate the land by June 30, 2022;
    And whereas no action was taken by the Region of Waterloo on or after June 30, 2022, to remove or evict individuals from the Encampment; 
    And whereas the Region completed a risk assessment report dated June 30, 2022, using a risk assessment tool for the Encampment, and the assessment predominantly identifies low and medium risk levels for most items save for the number of individuals, which provides for a high risk assessment. 

    And whereas the Region of Waterloo has no immediate plans for the use of the lands upon which the Encampment is located;

    And whereas on July 5, 2022, the Region of Waterloo brought an application to the Superior Court of Justice (referred to as the “Application”), the primary purpose of the Application was to ask the court for direction with the Encampment, and in particular to obtain the courts guidance to engage the WRPS in the eviction of individuals from the Encampment and to provide operational guidance with respect to any such eviction;

    And whereas the Region of Waterloo in its Application makes application to the court to grant specific powers, which includes the following:

    b) A Declaration that the Respondents are in breach of By-law Number 13-050 of The Regional Municipality of Waterloo, A By-law Respecting the Conduct of Persons Entering Upon Buildings, Grounds and Public Transportation Vehicles Owned or Occupied by The Regional Municipality of Waterloo (the “Code of Use By-law”);

    d) An Order that any police officer with the Waterloo Regional Police Service, and any other police authority (the “Police”), shall have authorization to arrest and remove any person who has knowledge of the Order and who the Police have reasonable and probable grounds to believe is contravening or has contravened any provision of the Order;

    e) An Order that the Police or designated agents shall have authorization to remove any vehicles, personal property, equipment, structures, or other objects that are located on the Property;
    f) An Order that the Police shall retain discretion: i) as to the timing and manner of enforcement of the Order, and specifically retain discretion as to the timing and manner of arrest and removal of any person pursuant to the Order; ii) to detain and release any person without arrest who the Police have reasonable and probable grounds to believe is contravening, or has contravened, any provisions of the Order, upon that person agreeing to abide by the Order; and iii) to lay any charges or take any other lawful action;

    g) An Order that any peace officer and any member of the Police who arrests or arrests and removes any person pursuant to the Order shall have authorization to release that person from arrest upon that person agreeing in writing to obey the Order;

    k) An Order that the terms of the Order shall remain in force until varied or discharged by a further Order of the Court;

    o) Such other relief as counsel may request and this Court may grant
    And whereas arguments with respect to the Application have been completed and a decision by the court has yet to be provided;

    And whereas, prior to the Application, the Region of Waterloo Council approved a motion on June 22, 2022, directing staff to develop a plan to establish interim housing solutions for Regional residents experiencing homelessness including those currently residing in encampments;

    And whereas, following the filing of the Application, the Region of Waterloo, in August 2022, received and approved a report from Waterloo Region staff entitled “Interim Housing Solutions: Recommendations to Community Services Committee” outlining an interim housing strategy approach for the Region of Waterloo (referred to as Interim Housing Strategy Report”);

    And whereas the Interim Housing Strategy Report includes a Managed Hybrid Shelter/outdoor model, which is identified as any facility or property, the primary purpose of which is to provide a temporary shelter for those experiencing homelessness and which does not require occupants to sign leases or occupancy agreement and includes managed spaces for outdoor tenting options.

    And whereas the next steps listed in the Interim Housing Strategy Report included, among other items, direction to Regional staff to immediately work on adding spaces to the System and develop a Homelessness Master Plan for Council’s consideration in 2023;
    And whereas the Region of Waterloo continues to work on implementing the approved Housing Strategy Report including, but has not yet established, a site for a managed encampment or operator for the managed encampment;

    And whereas the Region of Waterloo Anti-Racism Advisory Working Group, in their October 2022 report, recommended under the section entitled “Achieving a Municipality Steeped in Reconciliation and Anti-Racist Practice”, that the Region of Waterloo:
    Stop evicting people from encampments before allocating Regional land or permanent accommodation,

    Ensure that any response to encampment issues, including security be a civilian led response which includes trained mental health and addiction workers,
    Provide additional funding to grassroots organizations and outreach groups working with encampments to ensure basic human needs are met,

    And whereas the Region of Waterloo has the expertise, experience, necessary authority, and powers required to manage the existing Encampment, including the ability to evict encampment residents;

    Therefore, 

    Be it resolved that the Region of Waterloo, including any employees, representatives and assigns, will not take any steps to enforce eviction of the individuals located at the Encampment, unless and until the issue of eviction has been brought before Regional Council and Regional Council, after a comprehensive review, passes a motion that permits the Region of Waterloo staff, its representatives and assigns, to carry out any eviction of the Encampment pursuant to Regional By-law 13-050, the Encampment Policy, the Trespass Act, any guidance obtained through the Application and any other relevant statute, bylaw or authority. 

    Be it further resolved that the Region of Waterloo will not take any steps to enforce the eviction of individuals on Regional lands located at 150 Main Street, Cambridge, Ontario unless and until the issue of eviction has been brought before Regional Council and Regional Council, after a comprehensive review, passes a motion that permits the Region of Waterloo staff, its representatives and assigns, to carry out any eviction of the encampment pursuant to Regional By-law 13-050, the Encampment Policy, the Trespass Act, any guidance obtained through the Application and any other relevant statute, bylaw or authority.

10.
This item has Video

 

11.
This item has Video

 
  • Recommended Motion:

    That the meeting adjourn at x:xx x.m.