JASON SETNYK
City Council has officially revised its Encampment By-law following an extensive discussion at its July 14 meeting. The updated by-law introduces clearer definitions, revised setback rules, and aligns municipal regulation of temporary shelters with recent Ontario legislation and case law.
“This amendment sets the municipality up so it’s exactly on the cutting edge of where the law is,” said Wayne Meagher, Director of Legal Services. “It takes account of the City of Hamilton case, current legislation, and balances the constitutional right to shelter with the City’s right to regulate land for public use.”
The by-law defines new standards for temporary shelters, limiting the number in any encampment to five and restricting the total occupied area. It also includes specific setback distances from parks, pathways, bodies of water, monuments, and other public infrastructure. According to Meagher, these limitations are modeled after language upheld in court and help ensure municipal lands remain available for public purposes.
Councillor Denis Sabourin expressed concern over the impact on the Rotary Eco Gardens, a popular walking path and nature space along the waterfront. “There’s an awful lot of sensitivity with regards to encampments that have come up in the middle of the Rotary Eco Gardens,” said Sabourin. He pushed for the area to be explicitly designated as an environmentally sensitive zone in the by-law.
Meagher responded that the new definition of “water body” in the by-law addresses such concerns more broadly. “It eliminates a lot of problems just by using ‘water body’ because it applies to more than one specific area,” he said. Interim GM of Human Services and LongTerm Care Lisa Smith added that the Rotary Eco Gardens has not been formally designated as ecologically sensitive, and a full designation process through the Raisin Region Conservation Authority could take longer than the by-law’s timeline.
Councillor Fred Ngoundjo raised the issue of public safety, asking whether the by-law would allow residents to feel safer in city parks. Meagher confirmed it would. “The by-law confirms that shelters are not automatically permitted in public spaces. However, it respects the constitutional protections that apply, which helps ensure public land is preserved for its intended use,” he explained. Smith emphasized that enforcement remains compliance-based, with Cornwall Police and By-law working collaboratively through an interdepartmental response team.
Councillor Claude McIntosh questioned the effectiveness of enforcement, especially if residents refuse to move. Meagher replied, “To date, compliance-based enforcement has worked for Cornwall. If the community ever wants stronger enforcement, that’s a policy decision Council can explore-with resources.”
Councillor Sarah Good inquired about the number of people affected by the updated 5-metre setback from bodies of water. Smith confirmed that six tents currently in the Eco Gardens would need to relocate. “We’ll speak with them directly. We’ve typically had cooperation,” she said.
Responding to questions about designated encampment zones, Smith said other municipalities that tried this saw rapid expansion and increased costs for services like lighting, washrooms, and security. “Our model-keeping encampments small and scattered-is more sustainable within existing resources,” she said.
Good also asked whether local shelters like Parisien Manor had space and whether facilities like Massey Commons would be ready before winter. Smith said Parisien Manor is currently full, and Massey Commons is expected to open by early 2026.
The City’s by-law, initially introduced as a temporary measure in 2023, is now more comprehensive and permanent. “This version reflects everything we’ve learned and the legal landscape that’s evolved,” Meagher said.
Council voted unanimously to approve the by-law renewal.
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