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Box 113, 210-2nd Ave South, Marwayne, Alberta  T0B 2X0

Bylaw Enforcement & Complaints
For complaints please use the Bylaw Complaint Form
For animal control complaints, please view the Animal Control page for more detail on regulations.
For excessive barking dog issues, for fines to be levied, the Record of Disturbance Form must be completed also.
View the Village's Service Standards Policy regarding Requests, Inquiries, Questions, Complaints
 
Bylaw Enforcement
The Village of Marwayne does not have the resources to formally review properties on a regular basis to determine whether or not its various bylaws are being complied with at all times. Therefore, except for emergencies, it is the policy of the Village to rely on citizen complaints as a means of enforcing these bylaws. In order to encourage only valid complaints and to reduce the opportunity for intimidation and neighborhood conflict, the Village adopts the following to provide accountability and confidentiality.
 
Further, the Village does not implement pro-active enforcement of its bylaws.
 
It is the Village policy that complaints be received in writing and that the investigation be limited to the specific issue of concern expressed in the complaint. Most bylaws are administered using a progressive enforcement practice. The objective of progressive enforcement is to achieve compliance without laying a charge. Progressive enforcement typically starts with giving fair notice of the problem and a reasonable opportunity for corrective action to be taken. If there is no compliance at the point, another warning is given. If this does not produce results then legal action is commenced and the matter is placed before the courts.
 
1. A bylaw enforcement complaint shall be in writing and shall describe the nature and location of the alleged infraction. The following should be included:
a. Your name, address and contact information
b. Address of the property/animal involved
c. Date and time when the violation was first observed and if known, the duration of the alleged contravention.
d. Detailed description of the violation, all the facts you know
e. If applicable, motor vehicle violations require a description of the motor vehicle and license plate if possible
f. The desired resolution
g. Complainant signature
 
 
This policy does not preclude the Village staff identifying and conducting investigations on their own initiative.
 
Bylaw Complaint Form
2. Complaints must be in writing. No action will be taken on
a. verbal complaints; or
b. anonymous complaints
 
3. It is not necessary for complainants to request confidentiality because the identity of the complainant and the written complaint itself shall not be disclosed to the alleged violator or any member of the public. Likewise, the response of the alleged violator shall not be disclosed to the complainant, whether it is in writing or orally. This policy is in recognition of the fact that many complaints take place in the context of other disputes between neighbors and the motivation for the complaint itself may be retribution. Disclosure could serve to exacerbate the dispute and may even put persons at risk of harm.
 
4. Upon receipt of a valid complaint,
a. The Village will determine if the Village has jurisdiction to deal with the complaint. This will involve checking the specific requirements of the municipal bylaw; then
b. the Village will initiate an investigation, or
c. pass the matter onto the local RCMP detachment Should an infraction be suspected, the CAO will consider the matter, the scale, number and duration of the infraction(s); the current short and long term impacts caused by the infraction; the potential for precedents; and the resources available to resolve the matter. It will not be the policy of the Village to necessarily seek a legal remedy for all alleged infractions.
 
Confidentiality Issues
1. The anonymity and confidentiality given to complainants and the alleged violators under this policy cannot be assured if an investigation results in court proceedings.
2. When a complaint is made, personal information will be collected under the authority of Section 32 and 33(1)(c) of the Freedom of Information and Protection of Privacy Act, section 642 of the Municipal Government Act and/or Section 59 of the Safety Codes Act. If a person requests that the Village disclose personal information about them in complaints and responses to the complaints under the Freedom of Information and Protection of Privacy Act, the Village policy is to refuse disclosure under Section 17 and Section 20(1)(d) of the Act, unless consent is obtained from the person who supplied the information. The Village, however, is subject to orders issued by the Information and Privacy commissioner under the Act and will not necessarily appeal an order for disclosure.
 
Appeal of the Handling of a Formal Complaint
1. If a complainant is not satisfied with the results obtained through the Village Office, they may ask for a review by Council at the next regularly scheduled Council Meeting.
2. There are formal procedures for appeal set out in the Municipal Government Act for appealing to Council regarding dangerous and unsightly compliance orders.
 
View the Village's Service Standards Policy regarding Requests, Inquiries, Questions, Complaints
For animal control complaints, please view the Animal Control page for more detail on regulations.
For complaints please use the Bylaw Complaint Form
For excessive barking dog issues, for fines to be levied, the Record of Disturbance Form must be completed also.