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POLICY
Intent
The Town of Shelburne (The Town) may from time to time have surveillance cameras in place to capture
images of violations of Town By -Laws or the MUNICIPAL GOVERNMENT ACT (MGA) in various locations
throughout the Town as required. Recordings from the cameras will be the property of the Town and
will only be viewed by the appropriate personnel in the event a violation of a Town By-Law or MGA has
occurred. The period in which surveillance recordings are stored will be limited to provide a sufficient
period for review in the event of a violation.
Guidelines
1.
Surveillance cameras may be located in various locations throughout the Town at
various dates and times and during various events at the discretion of Management. The
cameras shall be located on or near Town property or other Public Property. The
cameras shall not be located upon or directed toward private property unless prior
permission has been obtained from the owner.
2.
If a violation of Town By-Laws or the MGA has occurred or is suspected to have
occurred upon reasonable grounds, then the recordings may be viewed by the Chief
Administrative Officer (CAO) or designate to determine if in fact there has been a
violation and the identity of the person or persons can be determined.
3.
If a violation has occurred, and the CAO or designate are unable to determine the
identity of the person or persons violating the Town By-Law or MGA, then the
recordings may be viewed by such other persons approved by Council in order to
attempt to determine their identity.
4.
The recordings and information on the person or persons alleged to have committed
the offence, will be retained in order to provide evidence for any prosecution or
otherwise for the enforcement of the By-Law or MGA as provided for in the By-Law or
the MGA.
5.
In the event that no violations of Town By-Laws or MGA has occurred or are suspected
to have occurred, then the recordings will automatically be erased after five (5) business
days subject to the provisions of paragraph 6 of this Policy.
6.
If upon reviewing the recordings it is believed that an offence may have occurred under
Federal or Provincial Statute, then the Town Solicitor shall be consulted for an opinion
TOWN OF SHELBURNE
SURVEILLANCE POLICY
POLICY
and the recordings may then be provided to the appropriate authority (RCMP) for use in
an investigation or prosecution. In other cases, the recordings shall be provided to the
RCMP upon receipt from them of an appropriate subpoena or other Court Order
requiring the production of the recordings. The recordings may also be provided to the
RCMP upon a formal written request with an appropriate explanation but such request
shall first be referred to Council for its consideration.
7.
Any information and /or images recorded by the surveillance cameras are to be treated
as confidential and private information unless required for use in prosecution or other
enforcement of the By-Law, as provided for in the By-Law or the MGA and shall not be
made available for viewing by the Public or other employees of the Town unless there is
specific authorization by Council or the provisions of the Freedom of Information and
Protection of Privacy Act have been complied with.
8.
A record shall be kept by the CAO of all use or viewings of the recordings as provided for
herein.
Passed by Motion of Council on November 16th, 2016.
___________________________
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Karen Mattatall, Mayor
Julie Ferguson, Town Clerk