Council approves amendments to Region of Waterloo’s encampment bylaw

An encampment in Kitchener may be dismantled by April 1, but as CTV’s Spencer Turcotte explains, a major hurdle needs to be cleared first.

Councillors for the Region of Waterloo approved changes to a site-specific bylaw for a controversial Kitchener encampment at a special council meeting on Friday morning.

It means residents may have to move from 100 Victoria Street North by April 1.

The first version of the bylaw was designed to force encampment residents off the land by the end of 2025.

The region said it wants to use the property as a staging area for construction vehicles and equipment as work begins on the Kitchener Central Transit Hub, which will be built at the nearby intersection of King and Victoria Streets.

But, not long after the original bylaw was approved, a legal challenge questioned whether the bylaw breached Charter rights.

“Regardless of what we approve or don’t approve, nothing is going to be the right thing to do,” said Regional Councillor Colleen James at Friday’s meeting. “Because this is not just a local issue, it’s a national issue and it’s a global issue.”

The Superior Court of Justice will address the case next month.

Regardless of that outcome, these were the changes approved by regional council:

• Defer the possession date to April 1, 2026, to recognize the added time needed to resolve the proceedings before the Superior Court of Justice.
• Remove the offence provision for the bylaw, recognizing that it is the region’s objective to obtain vacant possession and not to penalize the marginalised persons on the property.
• Codify a transition process to provide greater assurance that the region will work to provide alternative accommodation.

One part of the bylaw that was scrapped was the $5,000 fine for those who fail to leave the property by April 1.

Depending on how the legal challenge plays out in court, however, the approved amendments may not even matter.

Ashley Schuitema, the executive director of Waterloo Region Community Legal Services, is representing some of the encampment residents in the case.

“I think it’s interesting that this is the approach they’ve taken to just decide what amendments they need to make, even though they’re before the court asking for guidance on those very issues,” she said.

At Friday’s meeting, Councillor Pam Wolf wanted regional staff to explore how other municipalities have handled safe tenting protocols, which are procedures that allow people to put up tents in designated areas deemed suitable by a governing body.

“It is a human right to be able to exist,” she said. “I think that for us, as a council, it’s very important that we explore all avenues.”

Some councillors were concerned that now was not the time to explore other options as staff were busy with the ongoing legal challenge.

Others supported the idea, arguing the information could help determine if it was a feasible option for the region.

The motion to explore the safe tenting protocol was ultimately defeated by a final vote of 8-8. That does not preclude the option of revisiting the idea again in the future.

Schuitema said the bylaw fails to acknowledge that some people, for whatever reason, aren’t the right fit for the shelter system. She was in favour of the safe tenting protocol and shared the message she hoped to hear from council.

“We recognize for a variety of reasons that maybe a shelter doesn’t work for you and here are all the places where you can go to tent if you need to,” Schuitema said.

Community advocates who spoke to CTV News after the vote have started a petition in support of a safe tenting protocol.

“Safe tenting helps stabilize people until we are able to build the housing that we need,” said David Alton from Social Development Centre Waterloo Region. “We will be out in the community for the next two months, gathering signatures. We’re planning on bringing this to council on Feb. 10 to keep the conversation going.”

One issue they want addressed is the potential impact the bylaw may have on encampment residents.

“They are not going to be going away with the eviction of 100 Victoria,” said community advocate Meagan Snyder. “They are simply going to lose their community of support, and they are going to lose how central they are within the region, meaning that they are currently surrounded by social services.”

All parties will now have to work together to find workable solutions.

According to regional staff, there are currently 24 known encampments across Waterloo Region, with 59 people living at those sites.