Kingston

History + The Encampment Eviction Process

The City of Kingston carries out encampment evictions under both its Parks Bylaw 2009-76, and the Trespass to Property Act. The former is used for encampments in municipally owned parks, the latter both to support the park bylaw proceedings, and for encampments on all other property, private and public. Section 11 of the City's Parks Bylaw prohibits "camping and the use of any camping equipment" in "all City Parks" with exception to the following:

• Signage group camping as authorized as part of an organized Special Event; or 

• camping in designated campsites at Lake Ontario Park by registered groups or individuals arriving by bicycle or other modes of active transportation. 

Section 31 of the Parks Bylaw allows bylaw officers to prohibit encampments, remove existing encampments, forcing a person who an officer "believed was involved" in contravention of the bylaw to leave the park.

The City does not carry out encampment evictions under its Streets bylaw.

Encampment evictions were subject to a moratorium for all parks in June and July 2020, and from January 10 - March 21, 2023 in Belle Park. Evictions were also suspended for four months from November 24, 2023 - April 2, 2024, following a ruling of the Ontario Superior Court in The Corporation of the City of Kingston v. Doe, 2023 ONSC 6662. Doe provided that the City's ban on sheltering in parks overnight was unconstitutional, but that there was insufficient evidence to determine whether the ban on sheltering during the day was also unconstitutional.

Although the Park Bylaw's language still prohibits encampments at all times in parks, following the Court's ruling in Doe the City, since April 2, 2024, has been enforcing the bylaw to prohibit sheltering only during "daytime" hours.

The Encampment Protocol

On April 20, 2021 Council approved the Encampment Protocol. The protocol is meant to guide staff and partners in providing outreach services to encamped individuals by providing alternative solutions prior to the enforcement of City bylaws, but does not stop encampment evictions from taking place.

In early November 2021 at the height of the Covid-19 Pandemic the Encampment Protocol was paused based on the advice of Public Health.

In May 2022, the City instructed Staff to report on the potential to to establish a pilot program for sanctioned encampment sites, for a period of six (6) months. Although the report recommended the establishment of sanctioned encampment locations, the City ultimately voted to deny that recommendation on June 29, 2022 and resume evictions using the Encampment Protocol.

On June 29, 2022, the City also revised its Encampment Protocol to reduce the number of hours notice given to encampment residents from 48 hours, to six hours. The protocol, as it reads currently, establishes the following processes.

For encampments on non-designated municipal land:

1. Initial identification and communication will occur with Street Outreach in collaboration with City By-Law. Street Outreach and By-Law staff:

   • visit the site,

   • determine the situation,

   • complete a high-level assessment of health and safety on site,

   • complete a high-level assessment of needs and provide information on services available,

   • Inform Housing & Social Services Department of the situation and individuals’ needs assessment.

2. By-Law staff will issue a 6-hour notice of trespass. Serious health, safety, or criminal activity circumstances may warrant lesser time or immediate removal. This 6-hour timeframe could also change based on the capacity and availability of other services. Street Outreach and Housing & Social Services staff continue to provide ongoing supports and work with individuals to provide alternative service options, including but not limited to: shelter, Integrated Care Hub, motel/hotel, apartment, medical services, storage and transportation. All interactions and assessments are documented.

3. By-Law follows up at site to enforce order of trespass once alternative service options have been provided to individuals. Street Outreach staff will be supporting and available to assist individuals with alternatives to camping where relocation is necessary through enforcement. Additional enforcement, such as police services, may be required depending on the situation.

4. Once public spaces have been vacated, By-Law and Public Works will determine the cleanup requirements in order to ensure that the space can be safely accessed and utilized by the public.

5. When Kingston Police receive an encampment complaint when By-Law officers are not available to respond, Kingston Police will contact Street Outreach and prioritize the encampment complaint, dispatch officers (Mobile Crisis Rapid Response Team where possible) to investigate, submit appropriate duty reports and share the information with City By-Law.

For encampments on private land:

1. Private landowners will contact Kingston Police who will assess the situation and offer the support of Street Outreach to approach individuals that are camping on private properties. This would allow Street Outreach to make the initial communication as well as offer alternative services and supports. Street Outreach would inform Housing & Social Services staff of situation. Street Outreach can only access a private property upon the landowner’s consent. If the owner refuses to provide Street Outreach with initial access, Kingston Police would then be required to attend to the property as a first point of contact to manage the relocation from the private property. Where possible, Kingston Police will dispatch the Mobile Crisis Rapid Response Team and invite Street Outreach to be present for support.

2. Should the efforts of Street Outreach and Housing & Social Services staff not be successful to have individuals relocate to alternative services, the landowner will be advised that Kingston Police will respond to address the issue of trespass on a private property.

3. Property clean-up will be the responsibility of the private landowner. The City may provide support to not-for-profit property owners.

This information was sourced in part from the City of Kingston's Homelessness Services webpage, and from communications with their office of Licensing and Enforcement.