New Regulations Aim to Balance Public Access with Legal Rights of Unsheltered Residents
Thunder Bay – NEWS – In seeking solutions to the homeless crisis in Thunder Bay, it almost appears that City Administration simply is stuck in the mindset that only they know best. That idea is enhanced by some on City Council who seem to prefer representing City Administration instead of the residents, taxpayers and voters who selected them.
Some of that approach was seen during the decision over the Miles Street Shed Encampment process.
One Councillor tells NetNewsLedger:
“If a councillor feels that the bureaucrats that operate the services always know what is best for a community and understand the political aspects of new policies, then there is no need to elect representatives. I believe that this council has given up much of its authority to our administration. While both bodies are required for good governance, it must always be clear that the elected council is in charge of decisions regarding governance and policies”.
There are some positive actions on dealing with the homeless crisis in our cities.
The City of Penticton is moving forward with an updated Parks Bylaw aimed at modernizing rules governing the city’s public spaces while aligning with legal precedents on overnight sheltering for people experiencing homelessness.
The new bylaw—up for consideration by City Council during a special meeting—seeks to replace a decades-old 1974 version that officials say no longer meets the needs of a changing community.
“These updates will ensure our parks amenities – including playgrounds, trails and sports fields – remain safe and accessible to all,” said Kristen Dixon, Penticton’s General Manager of Infrastructure.
Sheltering Rules Reflect Legal Obligations and Public Safety
A key feature of the revised bylaw is the introduction of clear guidelines on overnight sheltering in parks, following multiple B.C. court rulings that found municipalities cannot impose blanket bans on outdoor sheltering when indoor shelter is unavailable.
“An outright prohibition on overnight sheltering in parks is unconstitutional and unenforceable,” said Julie Czeck, General Manager of Public Safety & Partnerships. “These updates will bring Penticton’s bylaw in line with other cities across the province and remove any confusion.”
While recreational camping remains prohibited, the bylaw will allow for temporary overnight sheltering in public spaces under specific conditions—intended to both protect community safety and respect individual rights.
Areas Where Overnight Shelter Will Be Prohibited
The proposed bylaw outlines areas where overnight sheltering will not be allowed, including high-traffic waterfront parks and sensitive public spaces:
-
Okanagan Beach, SS Sicamous Park, and the Rose Garden
-
Rotary Park, Gyro Park, and Okanagan Lake Park
-
Japanese Garden, Marina Way Park, and Marina Way Beach
-
The northern section of Lakawanna Park (886 Lakeshore Dr. W)
-
Skaha Lake Beach, Sudbury Beach, and Skaha Lake Park
Regulations on When and How Shelter Can Be Used
The updated bylaw includes strict limits on when and where temporary shelters can be set up:
-
Permitted hours: 7:00 p.m. to 9:00 a.m. only
-
Prohibited zones:
-
Within 15 metres of playgrounds
-
Within 4 metres of trails, sports fields, or sensitive areas
-
Within 50 metres of school property
-
Within 15 metres of building entrances
-
Other regulations include:
-
Maximum shelter area: 9 square metres
-
Minimum distance between shelters: 4 metres
-
Shelter materials and belongings must be removed each day after 9:00 a.m.
Part of a Broader Strategy on Homelessness
The bylaw update is one piece of a larger strategy by the City of Penticton to address homelessness and housing insecurity. The city is collaborating with:
-
100 More Homes Penticton
-
Penticton Indian Band
-
BC Housing and provincial ministries
These partnerships are focused on expanding supportive housing, enhancing mental health and addiction services, and increasing shelter capacity.
Among ongoing initiatives:
-
Participation in B.C.’s Heart & Hearth program, which provides integrated housing and support for people who are unsheltered
-
Extension of the city’s temporary winter shelter
-
A forthcoming Social Housing and Infrastructure Plan
-
Major projects, including the Skaha Assembly Site (approx. 600 units), three city-owned properties for social housing, and a downtown Indigenous-focused affordable housing project
Penticton is taking action – and working to protect the city and its permanent residents.
It is something that the City of Thunder Bay could be learning from. The question is anyone at 500 Donald interested?
Bottom Line for Cities Like Thunder Bay & Penticton
Municipalities cannot legally enforce blanket bans on overnight sheltering in public spaces. However, they can regulate sheltering:
-
By limiting sheltering to certain hours
-
By excluding sensitive public areas
-
By requiring removal once housing or shelter is made available
Bylaws must always be backed by outreach, adequate shelter capacity, and respect for constitutional rights.
