Encampment Response Protocol

The primary goal of the by-law is to provide residents with predictability around where encampments in the community may be located and to understand how the Town will respond to concerns about encampments. Current case law states that given the lack of accessible alternatives, the Town cannot prohibit all camping on public lands by unhoused individuals but can set reasonable restrictions. Under this by-law, encampments will be prohibited in the immediate vicinity of playgrounds, schools, daycares, and other designated sensitive uses. They are also prohibited to be placed in a way that blocks safe entrance and exits to building. However, they will be allowed to continue to stay on publicly owned lands where sensitive use restrictions do not apply.  

The by-law went into effect on the day it was passed (November 12). However, as with all new by-laws, an education phase will be conducted ahead of enforcement to ensure residents are informed of the new by-law requirements. Our communications team is developing tools to share with our community partners who work directly with our local unhoused residents. We expect to begin active enforcement of the by-law in the new year.

Sensitive Use Areas were initially selected by looking at the encampment protocols of other communities to gather a baseline for a reasonable standard. We then sought public input, which prioritized locations that primarily serve young children and seniors care as the most incompatible with encampments.

Sensitive Use Areas are defined as any portion of a Municipal Property which is:

• On or within 85 meters (279 feet) of a Playground;
• Within 85 meters (279 feet) of a Daycare;
• Within 100 meters (328 feet) of a School;
• On or within 85 meters (279 feet) of a Long-Term Care residence building;
• Within 50 meters (164 feet) of a facility, or portion thereof, during times when programing for children is actively being held
• On or within 20 meters (66 feet) of a Sports Field;
• On, within, or blocking access to, a Facility rented by the Town for a fee;
• On any roads, lanes, or pathways used for travel within a cemetery, or on or within 30 meters (99 feet) of a grave site;
• On or within 5 meters (16 feet) of a community garden;
• On, within, or blocking access to, a building with a heritage designation;
• On or within 5 meters (16 feet) of a walking path, or trail, parking lot, or designated pedestrian access point to a park or facility;
• Within 10 meters (33 feet) of critical infrastructure related to the treatment of drinking water or wastewater, including water intake protection zone one;
• Within 10 meters (33 feet) of a private property line;On or within any designated fire route or the entrance to or exit from a designated fire route, or located so as the block any fire hydrant, standpipe, sprinkler, and hose connections on a building;
• Located so as to block access to an accessibility access, ramp, or entrance or exit required in the event of a fire or emergency; 
• On or within any area identified as a health and safety risk due to the susceptibility of flooding, erosion, slope instability, or other environmental hazards that presents a risk to health and safety;
• On or blocking access to public lands or infrastructure where essential work by the Town or its agents is actively being undertaken, or is scheduled to be undertaken within the next week;
• In addition, due to the presence of multiple overlapping uses and unique role as a community gathering space, the entirety of Conservation Park is deemed to be a Sensitive Use Area.

Sensitive Use Areas do not apply to private property because there is no constitutional right to shelter on private property, and the Trespass to Property Act may be enforced at the property owner’s request.

A map showing the approximate location of Sensitive Use Areas and public lands is available here. Please note that this map is a tool for interpretation only, and is not part of the Town’s by-law.

You can submit an Access E11 Request with details about the location of the encampment and any activities of concern, if applicable.

Town staff will attend the encampment site to assess whether it is compliant with the Encampment Response Protocol. If it is compliant, they will share information about the Town’s by-laws and local service agencies. If it is not compliant, they will notify the encampment resident(s) about the Protocol restrictions and provide them a reasonable timeline to relocate. If the resident does not relocate voluntarily, the Town may issue a notice of trespass which can be enforced by the OPP.

If you are contacting the Town to report criminal activity, Town staff will ask you to report your concerns directly to the OPP, as Town staff cannot submit a witness statement on your behalf.

Below are some common questions that are asked regarding encampments. Note that some of this information has been taken from reports issued by Prince Edward – Lennox and Addington Social Services (PELASS), who oversee the housing and homelessness plan for our area:

How many people in Greater Napanee are currently living without access to permanent housing?

According to the PELASS metrics dashboard, In July 2024 there were 69 individuals on the by-name list for Lennox & Addington County, which is a list of people experiencing homelessness at that point in time who are willing to be connected with other services. A May 2024 report to the PELASS Committee noted that during the 2023-2024 season, Morningstar Mission’s warming shelter served 116 unique individuals, of which 86 individuals (74%) were known to the Greater Napanee community.

Why do people stay unsheltered or in an encampment?

There can be many reasons why an individual may stay in an encampment. Commonly reported reasons people do not want to stay in shelters include: 

• Crowding;
• Fear for personal safety;
• Risk of losing belongings;
• Requirement to separate from pets;
• Requirement to separate from partners or family;
• Restrictive rules.

In addition, many of the people living unsheltered in Greater Napanee have local ties and support systems in the area, and prefer to remain local rather than relocate to an area with more robust shelter systems.

What is the Town of Greater Napanee doing to address safety concerns about encampments?

The Town is working in partnership with other local service agencies to ensure we take a consistent approach in responding to unhoused individuals. However, the Town can only control the response of its own departments and service areas. Town staff will:

• Assist with removal of discarded needles, where a specific location of concern has been reported;
• Assist in connecting encampment residents with social services;
• Assess any reported fires to ensure they are being managed safely and used only for heating and cooking purposes, to limit overall fire risk;
• Ensure encampments on public property are promptly cleaned up when they are known to have been abandoned;
• Notify encampment residents of the need to relocate when an encampment is located inside one of the sensitive use buffer zones;
• Communicate other applicable by-law requirements to encampment residents;
• Report any observed illegal activities to the OPP and request assistance with enforcement where there is an imminent risk to health or safety.  

What happens when a complaint is made about an encampment?

Currently, when a concern about an encampment is responded to the Town, the following steps are taken:

• Town staff will contact staff at partner service agencies so they can attempt to connect with the individuals in the encampment and offer services to them.
• Town staff will attend to visually inspect the site for compliance with the Encampment Response Protocol, including setback from sensitive uses like playgrounds, staying contained within the maximum encampment footprint size, litter, encroachment onto municipal structures, safety risks, and other potential by-law issues (for example, off-leash dogs). If required, Town staff may direct that identified issues must be addressed for the tent to be permitted to stay. If the encampment is inside a sensitive use area, the resident will be advised of the need to relocate, and will be given a reasonable timeline to do so.
• If required, Fire Department staff may attend to address any fire safety violations and provide education around fire safety.

Where there is evidence of criminal activity, the OPP may take enforcement action.

Where there is an imminent risk to health or safety due to things like threats or acts of violence, the Town can issue a notice of trespass and require the individual to vacate the park or public space.

Why are encampments allowed to stay up? Isn’t that against the rules?

Canadian case law has found that unhoused persons have a charter right to shelter themselves on public lands when there are no other shelter options accessible to them. As there is a shortage of emergency and transitional housing within Greater Napanee, the Town cannot impose a blanket ban on all camping on all public lands by unhoused individuals. The Town has adopted a Parks & Public Spaces By-law that defines certain sensitive use areas where encampments will not be permitted due to incompatibility with existing uses such as playgrounds.

What are my options for reporting concerns I have?

You can complete an E11 Service Request form through the Town’s website. Town staff will review the information provided and conduct an on-site review of the encampment as described above.

To report a concern about illegal activity where there is not an immediate safety risk, you can call the non-emergency OPP reporting line at 1-888-310-1122.

If there is an immediate safety risk, please call 911.

What happens if an encampment is on private property?

Private property owners can request police assistance in having the Trespass to Property Act enforced on their property. There is no charter-based right for unhoused individuals to shelter on private property without the consent of that property owner.

The Town does not perform encampment removal or clean up work on private property.

Private property owners are also required to adhere to the Fire Code, Building Code, and Town’s Zoning By-law and other by-laws that seek to protect health and safety and to mitigate off-site impacts of private property use on neighboring properties.