On August 12, 2024 City Council approved an Encampment Response Protocol as a step to mitigate the impacts of encampments on public lands in the community.
Homelessness remains a national issue, with communities across Canada working to address the local impacts of a national crisis while protecting the Charter rights of residents. On Monday, August 12, 2024, Sarnia City Council approved an Encampment Response Protocol, providing the City with clear guidelines on where encampments are expressly prohibited on municipally-owned property, and measures to mitigate health and safety concerns.
Prohibited areas for encampments
Based on recent third-party legal input and case law, a community-wide ban on encampments in public spaces would likely be overturned on Charter grounds. The new protocol prohibits encampments on municipally-owned lands that are adjacent to sensitive uses such as children / youth facilities, athletic amenities and private residences.
New encampments are prohibited:
- Within 100 metres of playgrounds, pools, schools, or childcare centres
- Within 100 metres of residential properties, and within 10 metres of all other private property
- Within cemeteries, off-leash dog areas, community gardens, sidewalks/roadways, paths, under bridges, blocking fire hydrants, blocking accessibility entrances/ramps, and entrances/exits/doorways
- Within 50 metres of sports fields, multi use courts, bleachers, lakes, beaches, ponds, watercourses, docks
- On the following specific municipally-owned properties: Canatara Park; Centennial Park; Germain Park; waterfront and beaches; Howard Watson Nature Trail; and Mike Weir Park
In areas where new encampments are found in prohibited spaces, Sarnia By-Law Enforcement will provide a 48-hour notice of trespass, ordering individuals to vacate within that timeframe, and work with police if necessary to ensure individuals comply.
The protocol does not apply to private property.
Encampment safety
The protocol outlines specific health and safety requirements for any encampments in non-prohibited areas of City property, in tandem with existing City By-Laws.
Safety provision include:
- No individuals 16 or under shall live in an encampment
- Human trafficking or any illegal activity will not be tolerated
- Intimidation, physical violence, or threats of physical violence towards neighbouring shelters, community residents, or staff providing services will not be tolerated
- Brandishing weapons or firearms towards other neighbouring shelters, community residents, or staff providing services will not be tolerated
- All pets must be leashed when outside a shelter; a muzzle is required if the pet is known to be violent
- No open fires or combustibles are permitted in encampments
- No used, uncapped needles in or around the site; sharps must be properly disposed of
- No large amounts of garbage
Rainbow Park
While the protocol applies to Rainbow Park, legal challenges remain for any dissolution of the established encampment in the absence of a court order. A court order is ultimately required to enforce relocation of individuals living at the park’s established encampment. External legal opinion has noted the City would likely be unsuccessful in obtaining such a court order. The City continues to review potential solutions to mitigate the impacts of the existing encampment, and possible avenues for relocation. The City is continuing every effort to work with community partners, including the County of Lambton Social Services, Lambton Public Health, and the Sarnia Police Service to address safety concerns at the park and homelessness in our community, with the ultimate goal of connecting those experiencing homelessness with supports and transition to stable housing options.
Accessing Help
How to get help:
- Call 911 if there’s a medical emergency or to report someone in distress.
- For information on the County of Lambton’s response to homelessness, call 519-344-2062
- To report an Encampment, call the City’s By-law team at 519-332-0330 ext. 3301
- Lambton Public Health 519-383-8331