The decision ended weeks of confusion and panic, after comments from a councillor sparked concern the new rules would trample civil rights.
"I'm completely surprised that such a routine housekeeping initiative resulted in all this," City solicitor David Potts said.
On March 31, councillors received a report on a new bylaw that details how municipal officers can carry out inspections on private property.
The City has always had inspection bylaws but recent changes to the Municipal Act require council to pass a new bylaw that brings all the rules under the same umbrella.
Mr. Potts said the bylaw is strictly housekeeping with the exception of a few minor wording changes that add clarity.
Under new and old rules alike, bylaw officers can only enter people's homes lawfully -- that means with the permission of the homeowner or with a search warrant.
Once lawful entry is obtained, the bylaw says officers have the right to ask for documents or information related to the inspection, remove documents or items to make copies or extracts and take tests, samples or photos necessary for the inspection.
A citizen can only be charged if they refuse to co-operate with an officer who has already entered lawfully.
Councillor Robert Lutczyk raised the initial alarm and said his major concern isn't with entry into a home, but with entry on to a property.
"Fundamental rights and freedoms are being eroded right in front of our very own eyes," Coun. Lutczyk said. "Yesterday (bylaw officers) had to leave your property if asked and they didn't have a warrant. Today they don't need a warrant."
But Mr. Potts said bylaw officers in Oshawa have always had the power to enter private land. The new bylaw doesn't change that, it simply brings previously existing laws under one heading.
He stressed this does not give bylaw officers the arbitrary power to wander on to people's property.
"We have a complaints-based system of inspections," he said. "The only reason someone would appear on your property, is because of a complaint. They make it known that they're there and they consult with the occupant. And if there is any concern or doubt that they should be there, they take a very conservative approach."
Councillors who supported the bylaw said it provides a balance between the rights of citizens and the ability to perform inspections that may relate to public health and safety -- such as pool enclosures and housing standards.
Now that the new bylaw has been passed, council has asked City staff to post a copy written in layman's terms at www.oshawa.ca


