Fourth Session,

45th General Assembly

56 Elizabeth II,

BILL 9

AN ACT RESPECTING SAFER

COMMUNITIES AND NEIGHBOURHOODS

Received and Read the First Time .............................................................................. May

8, 2007

Second Reading ............................................................................................................ June 7, 2007

Committee ..............................................................................................

Amendment June 11, 2007

Third Reading .............................................................................................................. June

11, 2007

Royal Assent ......................................................................................................................................

HONOURABLE TOM

OSBORNE

Minister of Justice

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Act is set out in

the

long title.

A BILL

AN ACT RESPECTING SAFER COMMUNITIES AND NEIGHBOURHOODS

Analysis

Short title

Interpretation

Appointment of director

Adverse effect

Complaint to director

Director's actions after receiving

complaint

Application for community safety order

When court may make community safety

order

Director may apply to vary order

Court may set aside or vary order

Meaning of "resident"

Application for variation by resident

When court may vary community safety

order

Application by complainant for order

When court may make community safety

order

Service on the director

Discontinuance of application by

complainant

Director may appear in application

Costs on frivolous or vexatious

applications

Court shall consider merits

Variation applications

Service

Registration of an interest based on a

community safety order

Appeal

Limitation on other actions and

proceedings

Director may enter property

Occupants required to leave property

Respondent shall pay cost of closing

property

Recovery of director's costs - filing of

certificate

Appeal to court re certificate

Director's authority

Complaint confidential

Non-compellability

Director to provide assistance

Director to collaborate

Notice re: child

Effect of transfer of property

Offences and penalties

Act prevails

Crown bound

Assistance of peace officer

Limitation on prosecution

Other remedies preserved

Immunity

Regulations

SNL2000 cR-14.1 Amdt.

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

(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,

(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

(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

(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

(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;

(

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 reoccurring, 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 reoccupying 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.

(3.1) 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).

(4) 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.

(5) 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.

(6) 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

(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;

(

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

(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 their residence and prohibits them from re-entering

or reoccupying 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

(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,

(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 reoccupy it, and, where applicable,

require the respondent to allow them to re-enter and reoccupy 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 reoccupy 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

(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

(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

(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

(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

(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

(

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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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,

(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

(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 come 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 in good faith done, 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