Safer Communities and Neighbourhoods Act, 2010 Naqvi, Yasir — Bill 106 (39th Parliament, 2nd Session)

Bill 106, 39-2

Ontario — Bills

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Bill 106, Safer Communities and Neighbourhoods Act, 2010

Naqvi, Yasir

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Status

Debates

Original

As Amended by Standing Committee

[39] Bill 106 As Amended by Standing Committee (PDF)

Bill 106 2010

An Act to provide

for safer communities and neighbourhoods

CONTENTS

PART I

INTERPRETATION

Definitions

PART II

ROLE OF MUNICIPALITY

Municipal

opting in, appointment of Director

PART III

COMPLAINTS TO DIRECTOR

Complaint

to Director

Actions

of Director after receiving complaint

Investigation

of complaint

Resolution

of complaint

Letter

to owner

Frivolous

or vexatious complaint

PART IV

APPLICATION BY DIRECTOR FOR COMMUNITY SAFETY ORDER

Application

by Director for order

When

court may make order

Length

of closure period

Order may be made for part of

property, particular person

Service

of order by Director

Registration

of interest

PART V

MOTION FOR VARIATION ORDER BY RESIDENT

Motion

for variation order by resident

PART VI

APPLICATION BY COMPLAINANT FOR COMMUNITY SAFETY ORDER

Application

by complainant for order

Notice

to Director of discontinuation

PART VII

CLOSURE OF PROPERTY BY THE DIRECTOR

Director

may enter property

Residents

required to leave property

Director

to help with alternative accommodation

Director

not responsible for costs

PART VIII

ROLE OF THE DIRECTOR

Director's authority to obtain and

disclose information

Director

may delegate

Director to work with agencies and

neighbourhood groups

Director

to notify society

PART IX

CONFIDENTIALITY OF COMPLAINT

Complaint

confidential

Not

compellable as witness

PART X

OFFENCES AND PENALTIES

Prohibition

on removing posted order or notice

Prohibition

on entry into closed property

Prohibition

on respondent ignoring order

Failure to inform third party

about application or order

Directors

and officers of corporations

PART XI

APPEALS

Appeal

only by leave

PART XII

GENERAL PROVISIONS AND REGULATIONS

Court

must consider merits

Effect

of transfer of property during application

Remedies

not exclusive

personal liability

Priority

over other Acts

Act

binds the Crown

Peace

officer to assist in posting or serving

Regulations

PART XIII

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

______________

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part

Interpretation

Definitions

(1) In

this Act,

"board

area" means the geographical area within which a local services board may

exercise its jurisdiction; ("territoire de la régie")

"building" means a structure consisting of a wall, roof and floor or any

of them or a structural system serving the function thereof or a part of the

structure, including an apartment, co-operative housing unit, condominium unit,

or mobile home; ("bâtiment")

"complainant"

means a person who has made a complaint to the Director under

section 3;

("plaignant")

"court" means the Superior Court of Justice; ("tribunal")

"Director" means a person described in

section 2; ("directeur")

"intoxicating substance" means,

(

a) glues,

adhesives, cements, cleaning solvents, thinning agents and dyes containing

toluene or acetone,

(

b) petroleum

distillates or products containing petroleum distillates, including naphtha,

mineral spirits, Stoddard solvent, kerosene, gasoline, mineral seal oil and

other related distillates of petroleum,

(

c) fingernail

or other polish removers containing acetone, aliphatic acetates or methyl ethyl

ketone,

(

d) any

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",

(

e) aerosol

disinfectants and other aerosol products containing ethyl alcohol, or

(

f) any

other product or substance that is prescribed in the regulations as an

intoxicating substance; ("substance intoxicante")

"local services board" means a Local Services Board within the meaning

of the Northern Services Boards Act; ("régie locale des services publics")

"Minister" means the member of the Executive Council to whom

responsibility for the administration of this Act is assigned or transferred

under the Executive Council Act; ("ministre")

"owner" means, in relation to property,

(

a) a

person who is the registered owner of title to the property under the Land

Titles Act,

(

b) a

person who is entitled to be the registered owner of title to the property

pursuant to the Land Titles Act,

(

c) a

person shown as the owner of the property in the municipal assessment or tax

roll records for the property,

(

d) a

person who manages or receives rents from the property, whether on his or her

behalf or as agent or trustee for another person, or

(

e) 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:

(

i) a guardian,

(ii) an executor, administrator or trustee, or

(iii) an attorney under a power of attorney; ("propriétaire")

"person" includes an individual, corporation, co-operative, partnership,

limited partnership or unincorporated organization of persons; ("personne")

"prescribed" means prescribed by the regulations; ("prescrit")

"property" means,

(

a) a

building and the land on which it is located, or

(

b) land

on which no building is located; ("bien")

"regulations" means the regulations made under this Act; (" règlements ")

"resident" means, in relation to property, an owner, a tenant or any

other individual who,

(

a) is

occupying property as his or her residence, or

(

b) had

a right to occupy property as his or her residence when he or she was required

by an order under this Act to vacate it, but who does not own the property; (" résident ")

"specified purpose" means use of a property,

(

a) for

the use, consumption, sale, transfer or exchange of an intoxicating substance,

(

b) for

the manufacturing, import, purchase, sale, transport, giving, possession,

storage, consumption or use of liquor, as defined in the Liquor Licence Act, in

contravention of that Act,

(

c) for

the use or consumption as an intoxicant by any 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 will use or consume

the substance as an intoxicant, or cause or permit the substance to be used or

consumed as an intoxicant,

(

d) for

the growth, production, possession, 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,

(

e) for

prostitution or related activities,

(

e) for a common

bawdy-house, as defined in

Part VII of the Criminal Code (Canada),

(

f) for

the sexual abuse or sexual exploitation of a child or for related activities,

(

g) for

the possession or storage of,

(

i) a prohibited firearm, prohibited weapon, restricted firearm

or restricted weapon, as those terms are defined in

section 84 of the Criminal

Code (Canada), unless the possession or storage is authorized by law,

(ii) a firearm, prohibited weapon or restricted weapon that

has been imported into Canada in contravention of the Firearms Act (Canada) or

any other federal act or regulation,

(iii) a stolen firearm, or

(iv) an explosive, as defined in the Explosives Act (Canada),

in contravention of that Act or any regulation made under that Act, or

(

h) any other use

prescribed by the regulations; (" fin déterminée ")

(

h) for any purpose that

contravenes

an Act or a requirement under federal law, if that purpose is

prescribed; (" fin déterminée ")

"tenancy agreement" has the same meaning as in the Residential Tenancies

Act, 2006. ("convention de location")

Meaning of

adversely affected

(2) For the purposes

of this Act, a community or neighbourhood is adversely affected by activities

if 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 reasonable enjoyment of one

or more properties in the community or neighbourhood.

Part II

ROLE OF MUNICIPALITY

Municipal opting

in, appointment of Director

(1) This

Act applies in a single-tier or upper-tier municipality if the council passes a

by-law appointing a Director of Safer Communities and Neighbourhoods for the

municipality.

Same, local

services board

(2) Subsection (1)

also applies, with necessary modifications, with respect to a local services

board and its board area.

PART III

complaints to Director

Complaint to

Director

(1) A

person may make a complaint to the Director stating that the person believes

that,

(

a) activities are taking place on or near a property

in the municipality or board area for which the Director was appointed;

(

b) the

activities indicate that the property is being habitually used for a specified

purpose; and

(

c) the

person's community or neighbourhood is being adversely affected by the

activities.

Form of complaint

(2) A complaint under subsection (1) shall be made in a

form and manner acceptable to the Director and shall include the information

that the Director requires.

Actions of Director after receiving complaint

(1) Subject

to sections 5, 6 and 7, after receiving a complaint, the Director shall do one

or more of the following:

1. Investigate

the complaint under

section 5.

2. Require

the complainant to provide further information.

3. Attempt

to resolve the complaint by agreement or informal action under

section 6.

4. Send

a letter of notice under

section 7 to the owner of the property or to anyone

else the Director considers appropriate.

5. Apply

for a community safety order under

Part IV.

6. Decide

not to act on the complaint.

7. Take

any other action that the Director considers appropriate.

If Director decides not to act

(2) The Director shall notify the complainant in writing if he or

she decides not to act on a complaint if he or she decides not to

act or to discontinue acting on a complaint .

Reasons not required

(3) The

Director is not required to give reasons for any decision made under this

section.

Reasons required

(3) The

Director shall give reasons for any decision made under this section.

Investigation of complaint

5. As

soon as possible after receiving a complaint, the Director shall investigate

the complaint.

Resolution of complaint

(1) During

or after an investigation under

section 5, and before taking any other action

under this Act, the Director shall make a reasonable effort to resolve a complaint

by agreement or informal action.

Same

(2) At any time after receiving a complaint, if the

Director is of the opinion that it may be resolved by agreement or informal

action, the Director shall make a reasonable effort to do so.

Letter to owner

7. If

the Director sends a letter of notice under this Part to the owner of the

property or to anyone else the Director considers appropriate, the letter shall

set out the following information:

1. A

statement that the Director is of the opinion that,

i. activities

on or near the property indicate that the property is being habitually used for

a specified purpose, and

ii. the

community or neighbourhood is adversely affected by the activities.

2. A

description of the activities and the specified purpose referred to in

paragraph 1.

3. A

notice that, if the activities do not cease by a date specified by the

Director, he or she intends to apply to the court for a community safe

Document details

Collection	Ontario — Bills
Citation	Bill 106, 39-2
Type	bill
Volume / chapter	p39 s2 bill 106 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b9b23b4643e36fac740888d4b5520596e7ae8169

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