This is an official version. Copyright © 2007: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2007 AN ACT RESPECTING SAFER COMMUNITIES (Assented to Analysis 1. Short title 2. Interpretation 3. Appointment of director 4. Adverse effect 5. Complaint to director 6. Director's actions after receiving complaint 7. Application for community safety order 8. When court may make community safety order 9. Director may apply to vary order 10. Court may set aside or vary order 11. Meaning of "resident" 12. Application for variation by resident 13. When court may vary community safety order 14. Application by complainant for order 15. When court may make community safety order 16. Service on the director 17. Discontinuance of application by complainant 18. Director may appear in application 19. Costs on frivolous or vexatious applications 20. Court shall consider merits 21. Variation applications 22. Service 23. Registration of an interest based on a community safety order 24. Appeal 25. Limitation on other actions and proceedings 26. Director may enter property 27. Occupants required to leave property 28. Respondent shall pay cost of closing property 29. Recovery of director's costs - filing of certificate 30. Appeal to court re certificate 31. Director's authority 32. Complaint confidential 33. Non-compellability 34. Director to provide assistance 35. Director to collaborate 36. Notice re: child 37. Effect of transfer of property 38. Offences and penalties 39. Act prevails 40. Crown bound 41. Assistance of peace officer 42. Limitation on prosecution 43. Other remedies preserved 44. Immunity 45. Regulations 46. SNL2000 cR-14.1 Amdt. 47. Commencement Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Safer Communities
and Neighbourhoods Act. Interpretation 2. (1) In
this Act (a) "building"
means a structure of any kind, or part of a structure, including (i) apartments, (ii) co-operative housing units, (iii) condominium units, or (iv) mobile homes; (b) "complainant"
means a person who has made a complaint to the director under section 5; (c) "court"
means the Trial Division; (d) "director"
means the director of safer communities and neighbourhoods appointed under
section 3; (e) "intoxicating
substance" means (i) glues, adhesives, cements, cleaning solvents, thinning agents and
dyes containing toluene or acetone, (ii) petroleum distillates or products containing petroleum distillates,
including naphtha, mineral spirits, Stoddard solvent, kerosene, gasoline,
mineral seal oil and other related distillates of petroleum, (iii) fingernail or other polish removers containing acetone, aliphatic
acetates or methyl ethyl ketone, (iv) a substance that is required under the Hazardous Products Act ( (v) aerosol disinfectants and other aerosol products containing ethyl alcohol,
or (vi) another product or substance that is prescribed in the regulations
as an intoxicating substance; (f) "minister"
means the minister appointed under the Executive Council Act to administer this Act; (g) "owner" means owner as defined in the regulations; (h) "peace officer" means a peace office
as defined in the Criminal Code; (i) "person"
includes a partnership, limited partnership, unincorporated organization
of persons or a co-operative; (j) "property"
means (i) a building and the land on which it is located, and (ii) land on which no building is located; (k) "rental
agreement" means a rental agreement as defined in the
Residential Tenancies Act, 2000; (l) "respondent"
means the owner named as a respondent in an application made under
section 7 or 14;
and (m) "specified
use" means, in relation to property, the use of property for (i) the use, consumption, sale, transfer or exchange of a substance
mentioned in section 67 of the Liquor Control
Act, in contravention of that Act and the regulations made under that Act, (ii) the use, consumption, sale, transfer or exchange of alcohol,
alcoholic liquor, liquor or beer, as defined in the Liquor Control Act, in contravention of that Act and the
regulations made under that Act, (iii) the use or consumption as an intoxicant by a person of an
intoxicating substance, or the sale, transfer or exchange of an intoxicating
substance where there is a reasonable basis to believe that the recipient may
use or consume the substance as an intoxicant, or cause or permit the substance
to be used or consumed as an intoxicant, (iv) the possession, production, growth, use, consumption, sale,
transfer or exchange of a controlled substance, as defined in the Controlled
Drugs and Substances Act (Canada), in contravention of that Act, (v) prostitution or activities related to prostitution, and (vi) another use prescribed in the regulations. (2) For the purpose of the Access to Information and Protection of Privacy Act (a) the director and all persons acting on the
director's behalf or under the director's instruction or supervision in the
administration or enforcement of this Act are a law enforcement agency; and (b) investigations and acts and proceedings under
this Act are law enforcement. (3) Information or wording appearing (a) on the labels attached to the bottles,
packages, tins, tubes, or other containers in which an intoxicating substance
is sold, displayed, or delivered; (b) in any printed or written descriptive material
displayed with or accompanying an intoxicating substance when sold or offered
for sale; or (c) in advertising material respecting an
intoxicating substance published or distributed by the maker or a seller of the
intoxicating substance is, in the absence of evidence to the
contrary, proof of the nature of the substance. (4) In a proceeding under this Act, a certificate
of analysis furnished by an analyst authorized by the minister for the purpose
is, in the absence of evidence to the contrary, proof of the facts stated in
the certificate and of the authority of the person giving it, without further
proof of the person's appointment or signature. Appointment of
director 3. For the purpose of
this Act, the minister may appoint a director of
safer communities and neighbourhoods. Adverse effect 4. For
the purpose of this Act, a community or neighbourhood is adversely affected by
activities where the activities (a) negatively
affect the health, safety or security of one or more persons in the community
or neighbourhood; or (b) interfere with
the peaceful enjoyment of one or more properties in the community or
neighbourhood, whether the property is privately or publicly owned. Complaint to director 5. A person may make a
complaint to the director that (a) states that
the person believes (i) that the person's community or neighbourhood is being adversely affected
by activities on or near a property in the community or neighbourhood, and (ii) that the activities indicate that the property is being habitually used
for a specified use; (b) is in a form
and manner acceptable to the director; and (c) contains other
information that the director may require. Director's
actions after receiving complaint 6. (1) After
receiving a complaint, the director may (a) investigate
the complaint; (b) require the
complainant to provide further information; (c) send a warning
letter to the owner of the property or its occupant, or to anyone else the
director considers appropriate; (d) attempt to
resolve the complaint by agreement or informal action; (e) apply to the
court for a community safety order; (f) decide not to
act on the complaint; and (g) take other
action that the director considers appropriate. (2) The
director shall notify the complainant in writing where the director decides not
to act on a complaint or not to continue acting on a complaint. (3) The
director is not required to give reasons for a decision made under this
section. Application for
community safety order 7. (1) Where the
director applies to the court for a community safety order, the application shall name the owner of the property as the respondent. (2) The court shall hear the application on an
urgent basis. (3) The
factual allegations in the application may be different from those in the complaint. (4) The director shall give notice of an
application under subsection (1) to a resident of the property as defined by
section 11 and the resident has a right to appear and be heard by the court
with respect to the application. When court may
make community safety order 8. (1) The court
may make a community safety order where (a) it is
satisfied that (i) activities have been occurring on or near the property named in the
application that give rise to a reasonable inference that it is being habitually
used for a specified use, and (ii) the community or neighbourhood is adversely affected by the activities;
or (b) it is
satisfied that the activities about which an application is made are a serious
and immediate threat to the health, safety and security of one or more occupants
of the property or persons in the community or neighbourhood. (2) A
community safety order shall (a) describe the
property and the activities with respect to which the order is made; (b) prohibit all
persons from causing, contributing to, permitting or acquiescing in the
activities; (c) require the
respondent to do everything reasonably possible to prevent the activities from
continuing or re-occurring, including anything specifically ordered by the
court under paragraph (3)(e); (d) fix the date
on which the order ceases to be in effect; and (e) contain a
statement of the right to appeal the order. (3) A
community safety order may (a) require
persons to vacate the property on or before a date specified by the court, and prohibit
them from re-entering or re-occupying it; (b) terminate the rental
agreement or lease of a tenant of the property on the date specified under paragraph
(a); (c) require the
director to close the property from use and occupation on a specified date and
keep it closed for up to 90 days; (d) limit the
order to part of the property about which the application was made, or to
particular persons; and (e) make another
provision that the court considers necessary for the effectiveness of the
community safety order, including an order of possession in favour of the respondent. (4) In deciding whether to make a community safety order the court shall consider whether alternative accommodation is available to persons referred to in subsection 34(1). (5) The
court shall consider the following when deciding the length of a period of closure
under paragraph (3)(c): (a) the extent to
which the respondent's failure, if any, to exercise due diligence in
supervising and controlling the use and occupation of the property contributed
to the activities; and (b) the impact of
the activities on the community or neighbourhood. (6) Before
the date specified for closure under paragraph (3)(c), the respondent may apply
to the court to set aside the portion of the community safety order requiring
the property to be closed. (7) In
the case of a lease other than a rental agreement, before the date specified for
termination of the lease of a tenant under paragraph (3)(b), a tenant may apply
to the court to set aside the portion of the community safety order terminating
the lease. Director may
apply to vary order 9. (1) The
director may apply to the court to vary a community safety order made under section 8 where the order is still in effect and (a) one of the
following circumstances applies: (i) the order did not contain a provision requiring the property to be closed, (ii) the provision requiring the property to be closed was set aside or varied
under section 10, or (iii) the closure period for the property has expired; or (b) the director
considers it appropriate. (2) The
director may apply to vary a community safety order under this section more
than once. Court may set
aside or vary order 10. On the application
of a respondent under subsection 8(5), a tenant
under subsection 8(6) or the director under
section 9, the court may do one or more of the
following: (a) set aside the
order, where the court is satisfied that the activities about which an order
was made have ceased and are not likely to resume; (b) set aside or
vary the order made under subsection 8(3), where the
court is satisfied that it is necessary to allow the property to be used again;
or (c) vary the order
to include things mentioned in subsection 8(3). Meaning of
"resident" 11. In sections 12 and 13, "resident" means an
individual who has a right to occupy residential property as his or her residence,
or had a right to occupy it as his or her residence, when he or she is required
by a community safety order to vacate it, but who does not own the property. Application for
variation by resident 12. (1) A resident
may apply to the court for an order varying a provision in a community safety order that (a) requires the
resident and, where applicable, members of the resident's household to vacate
residential property that is his or her residence and prohibits him or her from
re-entering or re-occupying it; (b) terminates the
resident's rental agreement for the residential property; or (c) requires the
director to close the residential property. (2) The
resident shall apply within 14 days after he or she is served with a community
safety order to vary it. (3) The
resident shall serve the director with a copy of the application to vary a community
safety order. (4) The
director is a party to the application to vary and is entitled to be heard, by counsel
or otherwise, on the application. (5) The
court may extend the time for applying where the court is satisfied that the extension
is in the interests of justice. When court may
vary community safety order 13. (1) The court may make an order varying a
community safety order where it is satisfied (a) that the
applicant is a resident; (b) that neither
the resident nor a member of the resident's household for whom the resident is
seeking a variation caused or contributed to any of the activities with respect
to which the order was made; (c) that a person
who caused or contributed to any of the activities is not still present at or
occupying the property; (d) that the
resident or a member of the resident's household for whom the resident is
seeking a variation shall suffer undue hardship where the order is not varied;
and (e) if the order
was varied under section 10, that neither the resident nor a member of the
resident's household for whom the resident is seeking a variation was an
occupant of the property when the order was varied. (2) In
a variation order, the court may (a) fix a later
date for (i) the resident's rental agreement to be terminated, (ii) the resident and members of the resident's household to vacate the property,
or (iii) the director to close the property; (b) set aside the
termination of the resident's rental agreement, or reinstate the rental
agreement where the date of termination has already passed; (c) set aside the
requirement to vacate or close the property; (d) if the
resident and members of the resident's household have already vacated the
property, authorize them to re-enter and re-occupy it, and, where applicable,
require the respondent to allow them to re-enter and re-occupy it; (e) where the
property has already been closed, require the respondent to open it for the
purpose of paragraph (d) and make it ready for occupation; and (f) make another
provision that the court considers appropriate. (3) The
court may consider the following factors respecting an application for an order
to vary: (a) whether the
respondent shall suffer undue hardship where the requested order is made; (b) whether there
is a rental agreement between the resident and the respondent, or whether there
was a rental agreement when the resident was required to vacate the property; (c) if the order
would authorize a resident who does not or did not have a rental agreement to
re-enter and re-occupy the property, whether the respondent is opposed to the
requested order; and (d) other factors
that the court considers relevant. Application by
complainant for order 14. (1) A
complainant may apply to the court for a community safety order where (a) the
complainant has made a complaint to the director under section 5; and (b) the director (i) has decided not to act or continue to act on the complaint, or (ii) has discontinued an application to the court. (2) The
complainant shall file with the court the director's written notice provided under
subsection 6(2). (3) A complainant shall make his or her
application within 2 months of the date of the director's notice under
subsection 6(2). When court may
make community safety order 15. (1) Sections 7, 8, 9 to 14, 20, 22 and 23 apply, with the necessary changes, to an
application by a complainant. (2) Notwithstanding
subsection (1), where a community safety order contains a provision requiring
the property to be closed, the court shall order the director to close the
property. (3) In
an application by a complainant, the court shall not draw an adverse inference
from the fact that (a) the director
did, or did not do, the things set out in subsection 6(1); or (b) the director
discontinued the application. Service on the
director 16. A complainant shall
(a) serve the
director with an application for a community safety order; (b) serve the
director with an application to vary a community safety order; (c) as soon as
possible after a community safety order is made or varied, serve a copy of the
order on the director; and (d) as soon as
possible after an application is dismissed, serve a notice on the director
stating that the application has been dismissed. Discontinuance of
application by complainant 17. (1) A
complainant shall serve notice on the director at least 10 days before filing a notice with the court discontinuing an
application. (2) An
application shall not be discontinued by a complainant unless the complainant
files with the court the director's written confirmation that the director does
not intend to apply to continue the application under subsection (3). (3) Where
the director is served with a complainant's notice of discontinuance and the director
applies to the court to have the application continued in the director's name,
the court may order a complainant's application be continued in the director's
name. Director may
appear in application 18. The director is
entitled as of right to appear and be heard, either in person or through
counsel, in a complainant's application for a community safety order or application
for variation to request that it be dismissed where the director believes that the
application (a) is frivolous
or vexatious; or (b) is not in the
public interest. Costs on
frivolous or vexatious applications 19. Where the court
finds that a complainant's application is frivolous or vexatious, the court may
order the complainant to pay costs to the director in addition to another order
for costs. Court shall
consider merits 20. Notwithstanding the
fact that the respondent consents to an order or does not oppose an
application, the court shall not grant a community safety order, or variation
to that order, unless the court is satisfied that the order should be made. Variation applications 21. An application to
vary a community safety order does not stay the operation of the order. Service 22. (1) The
director shall, as soon as possible after a community safety order is made, (a) serve a copy
of the order on the respondent; and (b) post a copy of
the order in a conspicuous place on the property with respect to which the
order is made. (2) The
director, or a person acting on behalf of the director, may enter the property
to post a copy of the order in accordance with paragraph (1)(b), where he or
she is accompanied by a peace officer. (3) A notice or document that is required to be
served under this Act shall be served by personal service or by registered mail addressed to the person to be served. (4) A
notice or document sent by registered mail is considered to have been served on
the date the notice or document was delivered to the person as shown in the
confirmation of delivery obtained from Canada Post Corporation. (5) A
community safety order is effective on the date it is served on the respondent. (6) After
the respondent is served with a community safety order, the respondent shall,
as soon as possible, serve a copy of the order on every other person who is lawfully
occupying the property or who has a right to occupy it. Registration of
an interest based on a community safety order 23. (1) The
director shall register in the Registry of Deeds a
copy of the community safety order against the
affected title. (2) Where a community safety order is no longer in
effect, the director shall file in the Registry of Deeds a discharge of the
order referred to in subsection (1). (3) The
registration of an interest may be discharged under subsection (2) with respect
to (a) all of the
parcels of land described in the community safety order; or (b) a portion of
the parcels of land described in the community safety order. (4) An
action does not lie or shall not be commenced against the director for loss or
damage suffered by a person by reason of (a) the
registration of an interest under this section; (b) the amendment
of an interest under this section; or (c) the failure of
the director to (i) register an interest under this section, or (ii) discharge an interest under this section. Appeal 24. (1) An order
of the court made under this Act may be appealed to the Court of Appeal (a) on a question
of law; and (b) with leave of
the Court of Appeal. (2) An
application for leave to appeal shall be made within 10 days after the day the
order of the court is pronounced or within a further time that the Court of
Appeal may allow. Limitation on
other actions and proceedings 25. (1) An action
or proceeding shall not be commenced or maintained (a) to prevent the
making of a community safety order; (b) to prevent a
community safety order from being carried out; (c) to set aside
or vary a community safety order made under section 10; (d) for judicial
review of a community safety order; or (e) to obtain
relief from forfeiture with respect to a rental agreement or lease that is
ordered to be terminated. (2) Subsection
(1) does not apply to (a) an application
under subsection 8(5), subsection 8(6) or section 12; or (b) an appeal under
section 24. Director may
enter property 26. (1) Where a
community safety order that includes a provision to close a property is in
effect, the director may enter the property without the consent of the owner or
occupant to close it and keep it closed. (2) The
director may employ tradespersons and workers that the director considers
necessary to safely and effectively close the property and keep it closed. (3) The
director may take the measures that the director considers necessary to safely
and effectively close the property and keep it closed, including (a) ordering
occupants still occupying the property and other persons at the property to
leave it immediately; (b) attaching
locks, hoarding or other security devices; (c) erecting
fences; (d) changing or
terminating utility services; and (e) making
interior or exterior alterations to the property so that it is not a hazard
while it is closed. (4) The
director may, for a purpose that the director considers appropriate, allow
others access to property that is closed under a community safety order. (5) The
director is not responsible, whether at the end of the period of closure or otherwise,
for the removal or cost of removal of anything attached to or erected at the
property, or the reversal or cost of reversal of anything done to or at the property,
to close it or keep it closed. Occupants
required to leave property 27. (1) Where a
community safety order issued by the court under section 8 requires the
director to close a property, the director, after fulfilling the requirements
of subsection 34(1), shall inform the occupants of the property of the court's
order and all occupants of the property and other persons at the property shall
leave it immediately, even where they have not been previously served with the
order that requires the director to close the property. (2) Where
an occupant of the property and other persons at the property do not comply
with a request to leave, the director may obtain the assistance of a peace officer
to remove them from the property. (3) Unless
permitted by an order made under section 13, after leaving
the property, and while the property is closed, an occupant or other person
shall not enter or occupy the property without the director's consent. Respondent shall
pay cost of closing property 28. (1) The
respondent shall, on demand from the director, pay to the Crown in right of the
province the cost of closing, securing and keeping the property closed, in the
amount certified by the director under section 29.
(2) An
amount payable under subsection (1) is a debt due and owing to the Crown in
right of the province. Recovery of director's
costs - filing of certificate 29. (1) Where the
director undertakes work for the purpose of this Act and incurs costs and expenses
as a result, the director may file in the registry of the court a certificate
that is signed by the director and that sets out (a) the amount of
the costs and expenses incurred under this Act; (b) the respondent
from whom the costs and expenses are recoverable; and (c) the director's
address for service. (2) Where
the director files a certificate under subsection (1), the director shall serve
a copy of the certificate on the respondent. (3) The
certificate filed under subsection (1) is conclusive evidence of the amount of
the debt due to the Crown in right of the province by the respondent. (4) A
certificate filed under this section has the same effect as if it were a judgment
obtained in the court for the recovery of a debt in the amount specified in the
certificate, together with reasonable costs and charges with respect to its filing. (5) A
respondent who has been served with a copy of a certificate under subsection
(2) may, within 30 days after receiving the copy, make written representations
to the director requesting the director to reconsider the amount of the costs
and expenses. (6) On
receipt of written representations under subsection (5), the director may (a) withdraw the
certificate; (b) vary the
amount of the costs and expenses and, for that purpose, withdraw the
certificate and file a new certificate with the new costs and expenses; or (c) confirm the
certificate. (7) The
director shall notify the respondent of the director's decision as soon as is reasonably
practicable after making the decision. Appeal to court
re certificate 30. (1) A
respondent may appeal to the court against the amount of the costs and expenses
set out in the certificate filed in the registry of
the court (a) within 30 days
after the date of the filing of the certificate; or (b) if the
respondent has made representations to the director under section 29, within 30 days after the director has notified the respondent
of the decision. (2) On
hearing an appeal under this section, the court may issue an order (a) confirming the
amount of costs and expenses set out in the certificate; (b) amending or
varying the amount of costs and expenses set out in the certificate; (c) quashing the
certificate; or (d) respecting another
matter that the court considers appropriate. (3) In
an order issued under subsection (2), the court may specify the period within
which the order shall be complied with. Director's
authority 31. (1) For the purpose
of carrying out a responsibility or exercising a power under
this Act, the director is authorized (a) to collect
information from a public body, as defined in the Access to Information and
Protection of Privacy Act, about a person who owns or occupies
property with respect to which an application under this Act may be made, including
(i) the person's name and address, (ii) the whereabouts of the person, and (iii) the person's place of employment; (b) to collect
information from a source about the ownership of property with respect to which
an application under this Act may be made; (c) to collect
information from a source about the occurrence of activities with respect to
which an application under this Act may be made; (d) to make and
maintain written, recorded, electronic or videotaped records of information
received under paragraph (a), (b) or (c) or of the occurrence of activities
with respect to which an application under this Act may be made; and (e) to disclose
information obtained under paragraph (a), (b) or (c) and records made under paragraph
(d), to a person, court, government department or agency, municipality or law enforcement
agency. (2) Where
the director requests information under paragraph (1)(a), (b) or (c), the person,
public body or law enforcement agency shall provide the information that is
within his, her or its knowledge or is in a record in his, her or its possession
or control, and give the director a copy of the record in which the information
is contained, where applicable. (3) The
director may disclose information obtained under paragraph (1)(a), (b) or (c),
or records made under paragraph (1)(d), (a) to a person to assist that person in serving
or posting a community safety order; or (b) to a peace
officer to enable that peace officer to carry out a community safety order. (4) The
director may contract with or authorize a person to investigate a complaint. Complaint confidential 32. (1) A person,
including the director, shall not, without the prior written consent of the complainant, (a) disclose the
identity of the complainant, or information by which the complainant may be
identified, to another person or to a court, public body as defined in the Access to Information and Protection of
Privacy Act or law enforcement agency; or (b) disclose,
provide access to or produce the complaint, or another document or thing by
which the complainant may be identified, to another person or to a court, public
body as defined in the Access to
Information and Protection of Privacy Act or law enforcement agency without
severing information by which the complainant may be identified. (2) Subsection
(1) applies notwithstanding the Access to
Information and Protection of Privacy
Act. Non-compellability 33. (1) The
director, and a person acting for or under the direction of the director, is not compellable in a court or in another
proceeding (a) to identify
the complainant or give evidence about information or produce a document or
thing by which the complainant may be identified; (b) to give
evidence about other information obtained by or on behalf of the director for
the purpose of this Act; or (c) to produce another
document or thing obtained by or on behalf of the director for the purpose of
this Act. (2) Paragraphs
(1)(b) and (c) do not apply to an application by the director or to an application
continued in the director's name or in which the director intervenes. Director to
provide assistance 34. (1) The director shall provide occupants of residential property who are required to leave the property whatever assistance in finding alternative accommodations that the director considers reasonable, including contacting community resources and housing agencies on their behalf. (2) Subsection (1) does not apply to an occupant
who the director reasonably believes caused or contributed to any of the
activities in respect of which the order that requires the occupant to leave
was made. Director to
collaborate 35. The
director shall consult with and work in cooperation with social service systems
and other agencies and neighbourhood organizations or groups to promote and
encourage the development of safe and peaceful communities and neighbourhoods. Notice re: child 36. Where
the director has reason to believe that there are children residing in a
building in respect of which an application under this Act has been made, he or
she shall notify the appropriate director under the Child, Youth and Family Services Act without delay. Effect of
transfer of property 37. (1) A person
who transfers a legal or beneficial interest in property to another person, or
gives a right of occupancy of property to another person, after being served
with an application or becoming aware of an application under this Act with
respect to the property shall fully inform the other
person about the application before completing the transfer or giving the right
of occupancy. (2) A
person who transfers a legal or beneficial interest in property to another person,
or gives a right of occupancy of property to another person, while a community
safety order with respect to the property is in effect shall fully inform the
other person about the order before completing the transfer or giving the right
of occupancy. (3) A
person who receives an interest in property that is the subject of an application
is considered to be a respondent to the application when the transfer of the interest
is complete, and an order made by the court is binding on that person. Offences and penalties 38. (1) A person
shall not (a) without the
director's consent, remove, deface or interfere with a copy of a community
safety order or another order posted in accordance with this Act; (b) without the director's consent (i) fail to vacate a property that is closed under a community safety order,
or (ii) enter or re-enter a property that is closed under a community
safety order; or (c) fail to comply
with a community safety order. (2) Every
person who contravenes subsection (1), section 27, subsection 31(2), section 32, subsection 37(1) or (2), or an order of the director is guilty of an
offence. (3) Every
person who is guilty of an offence is liable on summary conviction (a) for a first
offence (i) in the case of an individual, to a fine of not less than $500 and
not more than $10,000, to imprisonment for a term of not more than one year or
to both, and (ii) in the case of a corporation, to a fine of not less than $1,500 and not more than $25,000; and (b) for a second or subsequent offence (i) in the case of an individual, to a fine of not less than $1,500 and
not more than $25,000, to imprisonment for a term of not more than one year or
to both, and (ii) in the case of a corporation, to a fine of not less than $10,000
and not more than $100,000. (4) Where
a corporation commits an offence under this Act, an officer or director of the
corporation who directed, authorized, assented to, acquiesced in or participated
in the commission of the offence is guilty of the offence and liable on summary
conviction to the penalties mentioned in this section whether or not the corporation
has been prosecuted or convicted. Act prevails 39. Unless another Act
expressly states otherwise, where a provision of this Act, the regulations made
for the purpose of this Act or an order made under this Act conflicts with the
Residential Tenancies Act, 2000, the
provision of this Act, the regulations made for the purpose of this Act or the
order prevails. Crown bound 40. The Crown is bound by this Act. Assistance of
peace officer 41. (1) Where requested to do so, a peace officer shall provide assistance required by the director or a person acting on behalf of the director in the performance of the director's or other person's duties under this Act. (2) The director shall develop practice standards
and training for persons acting on behalf of the director. Limitation on
prosecution 42. A prosecution for a contravention of this Act shall not be commenced
more than 2 years from the date the facts on which the alleged contravention is
based first came to the knowledge of the director. Other remedies
preserved 43. The right to
commence an action or proceeding under this Act is in addition to, and does not
derogate from, the right to commence another action or proceeding that exists
at common law or under another Act. Immunity 44. An action or
proceeding does not lie or shall not be commenced against the Crown, the minister,
the director or another person where that person is acting under the authority
of this Act or the regulations, for anything done in good faith, caused or
permitted or authorized to be done, attempted to be done or omitted to be done
by that person or by any of those persons under or in the exercise or supposed
exercise of a power conferred by this Act or the regulations or in the carrying
out or supposed carrying out of an order made under this Act or a duty imposed
by this Act or the regulations. Regulations 45. The Lieutenant
Governor in Council may make regulations (a) defining,
enlarging or restricting the meaning of a word or expression used in this Act
but not defined in this Act; (b) prescribing a matter or thing required or
authorized by this Act to be prescribed in the regulations; (c) defining owner, in relation to property for
the purpose of paragraph 2(1)(g); (d) for the purpose
of subparagraph 2(1)(m)(vi), prescribing other uses as specified
uses; and (e) generally to give effect to the purpose of
this Act. SNL2000 cR-14.1 Amdt.
46. The Residential
Tenancies Act, 2000 is amended by adding immediately after section 27 the
following: Order under Safer
Communities and Neighbourhoods Act 27.1 Notwithstanding
section 27, where an order is made under the Safer Communities and Neighbourhoods Act
that terminates a tenancy or entitles a landlord to possession of residential
premises, the tenancy shall terminate and the landlord shall have possession in
accordance with the order. Commencement 47. This Act comes into force on a day to be
proclaimed by the Lieutenant-Governor in Council. ©Earl G. Tucker, Queen's Printer |