HomeMy Public PortalAbout2005-07-25_Surveillance Policy_P-50MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY P -50
SURVEILLANCE POLICY
WHEREAS the Municipality of the District of Chester (The Municipality) may from
tune to time have surveillance cameras in place to capture images of breaches of Municipal By -Laws or
the MUNICIPAL GOVERNMENT ACT (MGA) in various locations throughout the Municipality;
AND WHEREAS the recordings from the cameras will be the property of the
Municipality;
AND WHEREAS the recordings will only be viewed by the appropriate personnel in
the event a breach of a Municipal By -Law or MGA has occurred;
IT IS THERE THE POLICY of the Municipality as follows:
1. Surveillance cameras may be located in various locations throughout the Municipality at various
dates and times and during various events at the discretion of the Public Works Department.
The location shall generally be where there has been breaches of Municipal By -Laws or the
MGA or it is suspected that there may be. The cameras shall be located on or near Municipal
property or other Public Property. The cameras shall not be located upon or directed toward
private property unless prior permission has been obtained from the owner.
2. If a breach of Municipal By -Laws or the MGA has occurred or is suspected to have occurred
upon reasonable grounds, then the recordings may be viewed by the Public Works Director or
designate, the Administrator of the Freedom of Information and Protection of Privacy Act (the
CAO or designate) to determine if in fact there has been a breach and the identity of the person
or persons can be determined.
3. If a breach has occurred, then the Public Works Director or designate and the CAO or
designate are unable to determine the identity of the person or persons breaching the Municipal
By -Law or MGA, then the recordings may be viewed by such other persons approved by
Council in order to attempt to determine their identity.
4. The recordings and information on the person or persons alleged to have committed the
offence, will be retained in order to provide evidence for any prosecution or otherwise for the
enforcement of the By -Law or MGA as provided for in the By -Law or the MGA
5. In the event that no breaches of Municipal By -Laws or MGA has occurred or are suspected to
have occurred, then the recordings will automatically be erased after ninety -six (96) hours
subject to the provisions of paragraph 6 of this Policy.
6. If upon reviewing the recordings it is believed that an offence may have occurred under Federal
or Provincial Statute, then the Municipal Solicitor shall be consulted for an opinion and the
recordings may then be provided to the appropriate authority (RCMP) for use in an
Recommendation - By -Law Committee - June P, 2005
1" Notice - Council - June 27, 2005 (2005 -366)
2' Notice - Council - Judy 25, 2005 (2005 -386) 72
Sumeillance Policy (continued)
investigation or prosecution. In other cases, the recordings shall be provided to the RCMP
upon receipt from them of an appropriate subpoena or other Court Order requiring the
production of the recordings. The recordings may also be provided to the RCMP upon a
formal written request with an appropriate explanation but such request shall first be referred
to Council or a Committee thereof for its consideration.
Any information and /or images recorded by the surveillance cameras are to be treated as
confidential and private information unless required for use in prosecution or other
enforcement of the By -Law, as provided for in the By -Law or the MGA and shall not be made
available for viewing by the Public or other employees of the Municipality unless there is
specific authorization by Council or the provisions of the Freedom of Information and
Protection of Privacy Act have been complied with.
8. A record shall be kept by the CAO of all use or viewings of the recordings as provided for
herein.
Recommendation - By -Law Committee - June 9, 2005
1" Notice - Council - June 27, 2005 (2005 -366)
2n° Notice - Council - jay 25, 2005 (2005 -386) 73