As Yorkton Mayor Bob Maloney would comment “even bylaws outlive their usefulness.”
As a result, Yorkton Council unanimously passed a bylaw to repeal bylaws at their regular meeting Monday.
“A bylaw that is in effect can only cancelled by repealing the bylaw,” explained Terrence Schneider Director of Legislation and Procedures (City Clerk) in introducing the bylaw.
Repealing a bylaw should occur when a bylaw has no further need, action or consequence, he added.
One of the key bylaws needing repeal revolved around dealing with complaints made to the City.
Bylaw No 37/2003 highlights that the City of Yorkton (City) is required to establish an Administrative Review Body and that the City is to appoint a Complaints Investigator.
In fact, Section 362 of the Cities Act identifies that the City is not required to establish an Administrative Review body. Rather the City may establish an Administrative Review Board.
“Since the inception of Bylaw 37/2003, there has been no record of a Complaints Investigator being appointed by Council,” detailed Schneider.
“Further, provincial legislation in the form of The Ombudsman Act, 2012 was established to
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promote and protect fairness and the integrity of the delivery of government services. The Ombudsman office is a neutral party that takes complaints about organizations and may investigate, mediate or provide services to resolve complaints.
“Should the City update the Complaint Handling Procedure 10.70 to identify the Provincial Ombudsman as a source for complainants to consider using there would be no need for the appointment of a local Complaints Investigator.”
Under the Complaint Handling Procedure Policy it is now noted where no resolution is arrived at between the complainant and City Officials, the complainant may contact the Provincial Ombudsman to review the matter.
Schneider also explained all written complaints, that include call back or mailing address contact information, must receive a response. Verbal complaints may be responded to either verbally or in writing, and at the discretion of the immediate Supervisor, documentation may be placed on file regarding the verbal complaint and that action taken.
Councillor Aaron Kienle said he likes the new policy.
“The complaint procedure is really good,” he offered.
Coun. Mitch Hippsley was in agreement. He said it works because it offers “complete transparency …
“This is an excellent tool … (the public), is they document everything, they will get a response.”
In addition, Schneider noted he had “received a call from a Senior Legislative Analyst from the Department of Government Relations, who indicated that the Provincial Closing Out Sales Act is being repealed by the Province.”
Also the Senior Legislative Analyst also indicated that the City of Yorkton had a Bylaw that was currently active which adopted the terms of the Closing Out Sales Act. The Analyst recommended that the City of Yorkton repeal this Bylaw. Bylaw No 1783 passed on March 22, 1971 by Council of the City of Yorkton. The City has not actively appointed an Inspector to pursue businesses that are closing out to pay a license fee prior to conducting their closing out sale.
