Madam Speaker, I have a return to Written Question 14-12(6) asked by Mr. Ng to the Minister of Justice concerning policies, statutes and regulations as they may apply to by-law officers.
1. What NWT statutes, regulations or policies are by-law officers authorized to enforce?
By-law officers are authorized to enforce the by-laws of the municipal governments which appoint them.
By-law officers are also an "officer" as defined in the Motor Vehicles Act and the All-terrain Vehicles Act and as such, have the power to enforce the relevant sections or regulations under those acts.
By-law officers may also enforce the Curfew Act, and may be called upon to assist election officials under the Local Authorities Elections Act.
Policies, by definition, are not enforceable as laws, and by-law officers have no authority with respect to policies.
2. What legal protection over and above that of an ordinary citizen is afforded by-law officers in NWT municipalities under:
(a) the Criminal Code; and,
(b) any NWT statutes, regulations or policies?
By-law officers have no legal protection over and above that of an ordinary citizen under the Criminal Code. By-law officers are not "peace officers" for the purposes of the Criminal Code.
By-law officers have certain powers under municipal by-laws and the above-referenced legislation which are not given to ordinary citizens, and as such are legally protected from civil or criminal action respecting the lawful execution of those powers. Section 321 of the Motor Vehicles Act expressly provides that "officers" are not liable for any loss or damage caused by anything done or not done by them in good faith in the performance of their duties or in the exercise of their powers.
By-law officers are insured against liability in the conduct of municipal duties under the insurance that the NWT Association of Municipalities maintains for its municipal corporation members. The Member can contact this association for specifics of the insurance coverage.