BILL No. 3

An Act to amend The Safer Communities and Neighbourhoods Act (Assented to ) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 T his Act may be cited as The Safer Communities and Neighbourhoods Amendment Act, 2024. SS 2004, c S-0.1 amended 2 T he Safer Communities and Neighbourhoods Act is amended in the manner set forth in this Act.

Section 4 amended 3 C lause 4(1)(

f) is amended: (

a) b y striking out “or” after subclause (vi.2); and (

b) b y adding the following after subclause (vi.2): “(vi.3) ongoing i ncidents o f g raffiti t hat t he o wner d oes n ot t ake re asonable steps to remove or otherwise address; “(vi.4) t he storage, sale or exchange of stolen goods; or”.

Section 8 amended 4 T he following subsection is added after subsection 8(1): “

(1.1) For t he p urposes o f c lause ( 1)(a), i f t he c ourt is s atisfied t hat t he p roperty n amed i n t he a pplication is b eing h abitually u sed f or a s pecified u se, t here is a re buttable presumption that the community or neighbourhood is adversely affected by the activities”.

Section 14 amended 5 S ubsection 14(2) is repealed.

Section 22 amended 6(1) T he following subsection is added after subsection 22(1): “

(1.1) A c ommunity safety order is valid notwithstanding any failure of the director to comply with subsection (1)”.

(2) S ubsection 22(5) is repealed.

Section 28 amended 7 S ubsection 28(1) is amended by striking out “, securing”.

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Section 43 amended 8(1) Subsection 43(1) is amended in the portion preceding clause (

a) by adding “or there are reasonable grounds to believe that entry will not be provided” after “investigation”. (2) Subsection 43(2) is amended in the portion preceding clause (

a) by striking out “on oath” and substituting “by information on oath or affirmation”.

Section 45 amended 9 Clause 45(2)(

a) is amended by striking out “will” and substituting “may”. New

Part III.1 10 The following

Part is added after

section 59: “PART III.1 Nuisance Properties “DIVISION 1

Interpretation “Definitions for

Part 59.1 In this Part: (a) ‘investigator’ means a person designated as an investigator pursuant to

section 59.62; (b) ‘land titles registry’ means the land titles registry as defined in The Land Titles Act, 2000; (c) ‘nuisance property’ means real property that: (

i) is unfit for human habitation, occupation or use; and (ii) negatively affects the health, safety, economic well-being or security of one or more persons within the community or neighbourhood in which the property is located; (d) ‘owner’ means, in relation to nuisance property, any of the following: (

i) a person who is the registered owner of title to the property pursuant to The Land Titles Act, 2000, and if there is more than one registered owner of title to the property, any of them; (ii) a person who is entitled to be the registered owner of title to the property pursuant to The Land Titles Act, 2000; (iii) a person shown as the owner of the property in the municipal assessment or tax roll records for the property; (iv) any of the following persons in whom the property or any estate or interest in the property is vested or with whom decision-making responsibility legally resides: (

A) a guardian; (

B) a property decision-maker or personal decision-maker as defined in The Adult Guardianship and Co-decision-making Act;

SAFER COMMUNITIES AND NEIGHBOURHOODS AMENDMENT, 2024 3 (

C) an executor, administrator or trustee; (

D) an attorney under a power of attorney; (

v) any other prescribed person; (e) ‘prior registered interest’ means an interest that was registered against property in accordance with The Land Titles Act, 2000 or any former Land Titles Act before an interest based on an application for a forfeiture order is registered pursuant to

section 59.41; (f) ‘Registrar of Titles’ means the Registrar of Titles appointed pursuant to

section 6 of The Land Titles Act, 2000; (g) ‘respondent’ means a person named as a respondent in an application made pursuant to Division 3 or 4 of this Part. “DIVISION 2 Application by Director “Application re nuisance property 59.11 If the director has reason to believe that a property is a nuisance property, the director may apply to the court for either of the following respecting the nuisance property: (

a) a rehabilitation order pursuant to Division 3 of this Part; (

b) a forfeiture order pursuant to Division 4 of this Part. “Preliminary action by director 59.12(1) The director may do any of the following before making an application to the court pursuant to this Part: (

a) send a warning letter to the owner demanding that the owner restore the property to a state that is not a nuisance property; (

b) make arrangements with the owner to restore the property to a state that is not a nuisance property, either by agreement or informal action; (

c) take any other action that the director considers appropriate to assist the owner to restore the property to a state that is not a nuisance property.

(2) The director is not required to take any action pursuant to subsection (1) before making an application to the court pursuant to this Part. “Factors for consideration by court 59.13 In determining whether a property is a nuisance property for the purposes of an application pursuant to Division 3 or 4 of this Part, the court may take into account all or any of the following: (

a) whether the property remains open to unauthorized entry despite being vacant; (

b) whether the property is subject to vandalism, loitering or criminal conduct;

SAFER COMMUNITIES AND NEIGHBOURHOODS AMENDMENT, 2024 4 (

c) any physical destruction or deterioration of the property; (

d) whether the deteriorating condition of the property increases the risk of fire to the property or adjacent properties; (

e) whether gas, power, water or other utility services to the property have been terminated; (

f) any of the following at the property that create potential health or safety hazards: (

i) the presence of vermin; (ii) the accumulation of trash or debris; (iii) uncut vegetation; (iv) physical deterioration of any structure or the grounds; (

g) whether any windows or entrances to the property are: (

i) boarded up or closed off; (ii) smashed or broken; or (iii) unhinged or continuously unlocked; (

h) the presence of hazardous, noxious or unhealthy substances or materials on the property; (

i) any incomplete construction on the property that leaves the property unsuitable for human habitation, occupation or use; (

j) whether the appearance or condition of the property materially affects the welfare, including the economic welfare, of the residents of the area near the property; (

k) the presence of unauthorized persons who reside or otherwise occupy the property in a temporary or permanent manner; (

l) frequent attendance to the property by police or other emergency service providers; (

m) any other factor the court considers appropriate; (

n) any other prescribed factor. “DIVISION 3 Rehabilitation Order “Application for rehabilitation order 59.2 An application for a rehabilitation order must: (

a) be made by way of notice of application; (

b) contain the legal description of the property for which the order is sought; (

c) describe the condition of the property for which the order is sought; and (

d) name the owner as the respondent.

SAFER COMMUNITIES AND NEIGHBOURHOODS AMENDMENT, 2024 5 “Registration of interest based on application for rehabilitation order 59.21(1) The director shall, after filing an application for a rehabilitation order, apply to the Registrar of Titles to register an interest based on the application for rehabilitation against the affected title or interest in the land titles registry.

(2) An application pursuant to subsection (1) must be accompanied by a copy of the application for a rehabilitation order containing the legal description of the property affected by the order.

(3) After an interest based on an application for a rehabilitation order is registered, the director: (

a) may, at any time, apply to the Registrar of Titles to discharge the registration of the interest; and (

b) shall apply to the Registrar of Titles to discharge the registration of the interest if the application is dismissed or discontinued.

(4) The registration of an interest may be discharged pursuant to subsection (3) with respect to: (

a) all the titles or interests described in the application for a rehabilitation order; or (

b) any portion of the titles or interests described in the application for a rehabilitation order.

(5) Without limiting the generality of

section 63, no action lies or shall be commenced against the director for any loss or damage suffered by any person by reason of: (

a) the registration of an interest pursuant to this section; (

b) the amendment of an interest pursuant to this section; or (

c) the failure of the director: (

i) to register an interest pursuant to this section; or (ii) to discharge an interest pursuant to this section.

(6) An application for a rehabilitation order filed by the director is valid notwithstanding any failure to comply with this section. “Interim order for restoration 59.22(1) If the court finds that the property that is the subject of the application for a rehabilitation order is a nuisance property, the court may make an interim order granting the respondent a period, not exceeding 6 months after the date of that order, to restore the property that is the subject of the application to a state that is not a nuisance property.

(2) The onus rests on the respondent to demonstrate to the court that the respondent has complied with an order mentioned in subsection (1).

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(3) If the respondent complies with an order mentioned in subsection (1), the court shall dismiss the application for a rehabilitation order.

(4) If the respondent does not comply with an order mentioned in subsection (1),

section 59.23 applies. “When court shall make a rehabilitation order 59.23(1) Subject to

section 59.22, if the court finds that the property that is the subject of the application for a rehabilitation order is a nuisance property, the court shall make a rehabilitation order unless it clearly is not in the interests of justice to do so.

(2) A rehabilitation order must: (

a) provide a legal description of the nuisance property with respect to which the order is made; (

b) subject to subsections (3) and (4), grant the director authority to: (

i) demolish any structure on the nuisance property; (ii) take any action the director considers necessary to prepare for the demolition of any structure on the nuisance property, including: (

A) ordering any occupants still occupying the property and any 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; (iii) take any action the director considers necessary to restore the site of the nuisance property to a state that is not a nuisance property; and (iv) enter properties, other than dwelling places, that are adjacent to the nuisance property where it is reasonably necessary for the purposes of carrying out the actions mentioned in subclauses (

i) to (iii); (

c) require the respondent to do everything reasonably necessary to allow the director to carry out a demolition on the nuisance property and take any other action mentioned in clause (b); (

d) fix a date, that is at least one year after the date on which the order is made, by which the director shall complete the demolition of the nuisance property;

SAFER COMMUNITIES AND NEIGHBOURHOODS AMENDMENT, 2024 7 (

e) contain a statement of the right to appeal the order pursuant to Division 5 of this Part; and (

f) contain any other prescribed terms.

(3) A rehabilitation