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Statutes of Newfoundland and Labrador 2007


CHAPTER S-5.1

AN ACT RESPECTING SAFER COMMUNITIES AND NEIGHBOURHOODS

(Assented to June 14, 2007)

Analysis


††††††† 1. Short title

††††††† 2. Interpretation

††††††† 3. Appointment of director

††††††† 4. Adverse effect

††††††† 5. Complaint to director

††††††† 6. Directorís 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 directorís costs - filing of certificate

††††† 30. Appeal to court re certificate

††††† 31. Directorís 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 (Canada) or the regulations under that Act to bear the label "Vapour Harmful", "Vapour Very Harmful" or "Vapour Extremely Harmful",

†††††††††††††††††††† (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 personís 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.

Directorís 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 respondentís 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 residentís 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 residentís 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 residentís 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 residentís 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 residentís 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 residentís rental agreement to be terminated,

†††††††††††††††††††† (ii)the resident and members of the residentís household to vacate the property, or

††††††††††††††††††† (iii)the director to close the property;

†††††††††††† (b)set aside the termination of the residentís 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 residentís 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 directorís 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 directorís 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 complainantís notice of discontinuance and the director applies to the court to have the application continued in the directorís name, the court may order a complainantís application be continued in the directorís 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 complainantís 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 complainantís 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 courtís 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 directorís 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 directorís 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 directorís 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 directorís 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.

Directorís 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 personís name and address,

†††††††††††††††††††† (ii)the whereabouts of the person, and

††††††††††††††††††† (iii)the personís 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 directorís 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 directorís 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 directorís 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 directorís 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.