
Homeless encampment near downtown Kelowna/via Jacqueline Gelineau, Kelowna Capital News
The Union of BC Municipalities is lauding an apparent decision by the BC government to back down on plans to make it harder for communities to take down homeless encampments.
Under provisions in Bill 45, passed in the fall of 2023, the province would require municipalities to prove they have enough available shelter spaces — built to a certain standard — before they could apply to the courts for a decampment order.
UBCM President Trish Mandewo says they’ve since received a letter from the province stating it doesn’t intend to enact Bill 45, which she describes as good news for municipalities.
“No one really has that type of shelter. Also, they don’t have enough, or the quality, that specified in that legislation,” Mandewo told Radio NL in an interview. “Now, they can work back and see if they’re ever going to bring it back, they’ll be bringing it back in the right form. Also, we hope that they actually pay attention more to providing the shelter spaces.”
According to the original legislation:
For the purposes of enforcing, under section 274/section 334, a bylaw against a person who is sheltering at an encampment while homeless, alternative shelter is reasonably available to the person and meets the basic needs of the person for shelter if
(a) the person may stay overnight at the shelter,
(b) the person has access to a bathroom and shower at or near the shelter,
(c) the person is offered without charge one meal a day at or near the shelter, and
(d) the shelter is staffed when persons are sheltering at the shelter.
She says it’s not clear if the province has plans in the future to implement Bill 45.
“The province left that wiggle room again. They’re saying they’ll not enact at the present time. They’re leaving the room that they might come back. But if they were to do so, I can see it creating problems,” said Mandewo.
Mandewo says the UBCM hasn’t been provided any rationale for the government’s apparent decision to backtrack.
While Kamloops has seen small-scale homeless encampments established in areas such as Strathcona Park, as well as along the riverbanks, the City has not been forced to contend with large scale encampments that other communities in British Columbia have been dealing with, including Kelowna, Prince George, Abbotsford, Victoria and in various communities on the Lower Mainland.