Bylaw Number 06-12

A BYLAW TO ESTABLISH AN ANTI-BULLYING AND PUBLIC FIGHTING BYLAW

 

The Council of the Town of Canora, in the Province of Saskatchewan, enacts as follows:

 

  1. PURPOSE

 

The purpose of this Bylaw is to promote the safety, health and welfare of people by proscribing certain anti-social behaviour not otherwise covered by The Occupational Health and Safety Act, 1993 or the Criminal Code of Canada.

 

  1. STATUTORY AUTHORITY

 

The authority for this bylaw is in Section 8 of The Municipalities Act.

 

  1. DEFINITIONS

In this Bylaw:

a)     Bully” means:

i)       any objectionable or inappropriate comment, conduct or display by a person;

ii)     directed at an individual, not of the same household;

iii)    intended to intimidate, humiliate, ridicule, or isolate, and

iv)    which causes or is likely to cause physical or emotional distress.

 

b)     Fight” means any confrontation involving violent physical contact between two or more willing participants occurring in any public place.

 

c)      Police officer” means a member of the Royal Canadian Mounted Police, or any person appointed as a special constable or peace officer pursuant to The Police Act, 1990.

 

d)     Public place” means:

i)       any building to which the public is ordinarily permitted access;

ii)     any vehicle used for public transportation or a commercial vehicle for hire that is used to transport members of the public;

iii)   any street, highway, sidewalk, lane, alley, bridge, causeway or other place, whether publicly or privately owned, that is used or intended for the passage of pedestrians or vehicles;

iv)    any parking lot or other place, whether publicly or privately owned, that is used for parking a vehicle;

v)      any park or open space to which the public is ordinarily permitted access, whether upon payment or otherwise; and

vi)    any school, as defined in The Education Act, including school grounds.

 

e)     Young person” means a young person as defined in The Summary Offences Procedures Act, 1990.

 

  1. ADMINISTRATION AND ENFORCEMENT

 

The Town Administrator is authorized to:

 

a) Administer and enforce the provisions of this Bylaw and serve as a designated officer for the purposes of Part XII, Division 4 of The Municipalities Act.

b)     Delegate to any police officer any power, duty or function assigned to the designated officer by this Bylaw.

 

  1. FIGHTING

 

1) No person shall:

 

a)   Participate in a fight;

b)     Encourage in any way a person involved in a fight; or

c)     Record, photograph or distribute any videotape, recording or photograph of any person involved in a fight.

 

2) Any fight that occurs as part of an organized sporting event is exempted from the application of this section.

 

  1. BULLYING

 

1) No person shall:

 

a)     Bully another person in any public place.

b)     Bully another person through written or electronic communication.

c)     Encourage in any way a person involved in bullying.

 

  1. OFFENCE BY YOUNG PERSON

 

The provisions of The Summary Offences Procedures Act, 1990 apply to any offence committed or alleged to have been committed by a young person under this Bylaw.

 

  1. PENALTIES

 

 1) Any person who contravenes any provision of this Bylaw is guilty of an offence punishable on summary conviction and liable:

 

a)     To a fine of not more than $1,000;

b)     In addition, or as an alternative to a fine imposed pursuant to Clause 8(1)(a), the court may order the person, or young person and their legal guardian, to attend an anti-bullying course recommended by the prosecutor, or both.

     2) When a police officer issues a summary ticket for a violation of this Bylaw, that police officer may enter on the ticket the amount of $100, which, if paid within the time prescribed, will be accepted as a guilty plea to the offence.

    3) Any person who is in default of payment of a fine imposed pursuant to this section may be liable to a term of imprisonment not exceeding 90 days. 

  1. SEVERABILITY

 

If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and the holding of the court shall not affect the validity of the remaining portions of the Bylaw.

 

  1. COMING INTO FORCE

 

This bylaw shall come into force upon the date of its final passing thereof.