Encampment Response Protocol

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.

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.

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;
• 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.  

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 litter, encroachment onto municipal structures, safety risks, and other potential by-law issues (for example, off-lease dogs). If required, Town staff may direct that identified issues must be addressed for the tent to be permitted to stay.
• 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.

The Town is currently seeking community input on a draft Parks & Public Spaces By-law and Encampment Response Protocol which will define areas where encampments are not permitted, as well as the Town’s approach to responding to encampments on public property.

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 is currently seeking public feedback on a Parks & Public Spaces By-law that would define certain areas where encampments will not be permitted due to incompatibility with existing uses such as playgrounds.

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.

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.

The Town is specifically looking for community feedback in response to the following questions:

• Which public spaces are most important to keep separate from encampments, recognizing that the Town cannot legally impose a blanket ban on all locations?
• What other operational changes would you want to see the Town implement within its departments (i.e. park maintenance, waste disposal)?
• What comments, concerns, and suggestions do you have regarding the Town’s proposed encampment response protocol?

The Town is also welcoming feedback regarding any other sections of the proposed Parks & Public Spaces By-law.

You can visit our engagement page at letstalkgreaternapanee.com to review the proposed documents, participate in our survey on the encampment response protocol, and provide comments.

You can also attend the Community Forum that will be hosted at the Arena Banquet Hall on Tuesday, October 1 at 6:00 p.m. We have invited leaders from all community institutions who are working on encampment response to participate in a panel and address questions from residents.

Staff will be compiling all feedback we receive throughout the consultation process and reporting back to Council in the second half of October. Resident responses will inform recommended changes to the draft by-law that was presented to Council at the August 27 meeting.

Staff’s final recommendation to Council will incorporate resident feedback, legal advice, experiences of other municipalities, and the Town’s fiscal and operational capacities. The decision of which by-laws, policies and budgets to enact will be up to the determination of Council.

Comments and questions can also be emailed to encampments@greaternapanee.com.