Neighbourhoods Regulations
N.S. Reg. 237/2006
Nova Scotia — Regulations
This consolidation is unofficial and is for reference only.
For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette
Part II .
Regulations are amended frequently.
Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
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Safer Communities and Neighbourhoods Regulations
made under
Section 67 of the
Safer Communities and Neighbourhoods Act
S.N.S. 2006, c. 6
O.I.C. 2006-580 (Dec. 21, 2006, effective Jan. 7, 2007), N.S. Reg. 237/2006
as amended to O.I.C. 2013-344 (September 25, 2013), N.S. Reg. 314/2013
Citation
1 These regulations may be cited as the Safer Communities and Neighbourhoods
Regulations .
Definitions
(1) In these regulations,
“Act” means the Safer Communities and Neighbourhoods Act ;
“community safety order” means an order made by the Supreme Court of Nova
Scotia under subsection 7(1) of the Act;
“cyberbullying prevention order” means an order made by the Supreme Court of
Nova Scotia under
Section 26F of the Act;
Definition added: O.I.C. 2013-344, N.S. Reg. 314/2013.
“government enforcement agent” means a person employed by the Investigation
Section, Public Safety and Security Division, Department of Justice, for the purpose
of investigating complaints made under the Act;
Definition added: O.I.C. 2007-369, N.S. Reg. 323/2007; amended: O.I.C. 2013-344, N.S. Reg. 314/2013.
“notice of objection” means a notice of objection served by a respondent on the
Director under subsection 26I(1) of the Act;
Definition added: O.I.C. 2013-344, N.S. Reg. 314/2013.
“order to close a property” means an order made by the Supreme Court of Nova
Scotia under
Section 9 of the Act.
Definition replaced: O.I.C. 2013-344, N.S. Reg. 314/2013.
Subsection 2(1) clause letters removed: O.I.C. 2013-344, N.S. Reg. 314/2013.
(2) In the Act and these regulations, “owner”, in relation to property, means any of the
following:
(
a) any person who is shown in the records of a registry of deeds as a registered
owner, or as a person who is entitled to be an owner or registered owner, of the
property;
(
b) a person shown as the owner of the property in the municipal assessment or tax
roll records for it;
(
c) a person who manages or receives rents from the property, whether on their
own behalf or as agent or trustee for another person;
(
d) a guardian under the Incompetent Persons Act , executor, administrator or
trustee in whom the property or any estate or interest in the property vests.
Designation of Director
3 The Director of Public Safety, Investigation Section, Public Safety and Security Division,
Department of Justice is designated for the purposes of clause 2(1)(
d) of the Act as the
Director for all of the Province.
Section 3 amended: O.I.C. 2013-344, N.S. Reg. 314/2013.
Government enforcement agent
3A A government enforcement agent must comply with requirements established by the
Director respecting clothing, uniforms, badges, equipment and firearms.
Section 3A added: O.I.C. 2007-369, N.S. Reg. 323/2007.
Serving and posting notice
(1) A person who is required to serve another person with a community safety order or
an order to close a property must also serve that person with a notice in the form set
out in
Schedule A.
Subsection 4(1) amended: O.I.C. 2013-344, N.S. Reg. 314/2013.
(2) A notice that is served under subsection (1) must be served in the same manner as
the order with which it is served.
(3) A person who is required to post a community safety order or an order to close a
property must also post a notice in the form set out in
Schedule A.
Subsection 4(3) amended: O.I.C. 2013-344, N.S. Reg. 314/2013.
(4) A notice that must be posted under subsection (3) may be reproduced for posting on
any material and in any size that the Director accepts, and may be posted in any
manner that the Director accepts.
Serving order on respondent
(1) A community safety order or an order to close a property to be served by the Director
on a respondent under clause 12(1)(
a) of the Act must be served by 1 of the
following methods:
(
a) personal service made
(
i) in the case of an individual, on the individual,
(ii) in the case of a partnership, on any partner, or
(iii) in the case of a corporation, on any officer or director of the corporation;
(
b) registered mail addressed to the person to be served;
(
c) substituted service in accordance with subsection (2).
Clause 5(1)(
c) replaced: O.I.C. 2013-344, N.S. Reg. 314/2013.
Subsection 5(1) amended: O.I.C. 2013-344, N.S. Reg. 314/2013.
(2) If it is impracticable for any reason for the Director to serve an order by 1 of the
methods described in clauses (1)(
a) and (b), the Director may serve the order by
substituted service by publishing a copy of the order in 2 issues of a newspaper that
has general circulation in the area where the property that is the subject of the order
is located.
Subsection 5(2) added: O.I.C. 2013-344, N.S. Reg. 314/2013.
(3) A community safety order or an order to close a property that is served by registered
mail is deemed to have been served on the 7th day after the date of its mailing,
unless the person to whom it was mailed establishes that, through no fault of the
person, the person did not receive the order or received it at a later date.
Subsection 5(2) renumbered 5(3) and amended: O.I.C. 2013-344, N.S. Reg. 314/2013.
(4) An order that is served by substituted service in accordance with subsection (2) is
deemed to have been served on the date it is published in the newspaper for the 2nd
time or on the 3rd day after the date it is posted on the property as required by clause
12(1)(
b) of the Act, whichever is later.
Subsection 5(3) renumbered 5(4) and amended: O.I.C. 2013-344, N.S. Reg. 314/2013.
Serving order on lawful occupant
(1) Except as provided in subsection (2), a copy of a community safety order or an order
to close a property to be served under subsection 12(3) of the Act by the respondent
on a person who is lawfully occupying or who has a right to occupy the property
must be served by
(
a) personal service on the person; or
(
b) personal service on a person at the property who appears to be an adult.
(2) If it is impracticable to serve a copy of an order by 1 of the methods described in
subsection (1) because of unreasonable expense, undue delay or risk of harm to the
respondent who is attempting to serve the copy of the order, the respondent must
notify the Director, who may, in accordance with subsection 12(4) of the Act, serve a
copy of the order by
(a) 1 of the methods described in subsection (1); or
(
b) substituted service in accordance with subsection (3).
(3) If it is impracticable for any reason for the Director to serve a copy of order by 1 of
the methods described in subsection (1), the Director may serve the order by
substituted service by publishing a copy of the order in 2 issues of a newspaper that
has general circulation in the area where the property that is the subject of the order
is located.
Section 6 replaced: O.I.C. 2013-344, N.S. Reg. 314/2013.
Serving document on Director
7 A document that must be served or a notice that must be given to the Director under
Section 15 of the Act may be served or given by
(
a) personal service on the Director or a person authorized by the Director to
receive documents and notices on the Director’s behalf; or
(
b) any class of prepaid mail that provides the sender with an acknowledgment of
receipt.
Costs of closing property
8 The costs of closing a property that the Director may require a respondent to pay under
subsection 26(1) or 59(1) of the Act are any of the following expenses that are necessarily
incurred to safely and effectively close the property and keep it closed for the period set out
in the community safety order or the order to close a property under which the property is
closed:
(
a) the Director’s documented out-of-pocket closure expenses, including amounts
paid to tradespersons and workers whose services the Director considered
necessary;
(
b) the Director’s personnel expenses for time spent by members of the Director’s
staff on the closure, calculated at the hourly rates payable to them by the
Province at the relevant times;
(
c) mileage and other travel expenses paid to members of the Director’s staff by
the Province in connection with the closure;
(
d) legal fees and costs incurred by the Director in relation to all proceedings
resulting in the closure of the property, whether the fees and costs are payable
to government or non-government counsel.
Section 8 amended: O.I.C. 2013-344, N.S. Reg. 314/2013.
Serving cyberbullying prevention order
(1) A cyberbullying prevention order to be served on a respondent under subsection
26H(1) of the Act must be served by the Director by 1 of the following methods:
(
a) personal service in accordance with the Civil Procedure Rules made under the
Judicature Act ;
(
b) substituted service in accordance with subsection (2).
(2) If it is impracticable for any reason for the Director to personally serve a respondent
with a cyberbullying prevention order, the Director may serve the order by
substituted service by serving it on a person who appears to be an adult and who
(
a) resides with the respondent;
(
b) is a member of the respondent’s family; or
(
c) is able to bring the order to the respondent’s attention.
Section 9 added: O.I.C. 2013-344, N.S. Reg. 314/2013.
Notice of objection
(1) A notice of objection must be in the form set out in
Schedule B.
(2) Service of a notice of objection must be by
(
a) personal service on the Director or a person authorized by the Director to
receive documents and notices on the Director’s behalf; or
(
b) any class of prepaid mail that provides the sender with an acknowledgment of
receipt.
(3) The copy of the notice of objection and proof of service required to be filed with the
Court by subsection 26I(2) of the Act must be accompanied by the form set out in
Schedule C.
Section 10 added: O.I.C. 2013-344, N.S. Reg. 314/2013.
Storage and disposal of property
(1) Storage by the Director of confiscated property as required by subsection 26X(3) of
the Act must be in accordance with any applicable order of the Court, and the
Director must make reasonable security arrangements against theft and destruction of
the property.
(2) When a cyberbullying prevention order expires and there is no application for a new
cyberbullying prevention order with respect to the same matter, the Director must
make reasonable efforts to return any property confiscated under the order.
(3) Six months after a cyberbullying prevention order expires, the Director may destroy
any property confiscated under the order that the Director has been unable to return.
Section 11 added: O.I.C. 2013-344, N.S. Reg. 314/2013.
Schedule A
Notice Accompanying a Community Safety Order
This notice is intended for
(
a) the owner(
s) of the property described in the Community Safety Order that is
posted or served with this Notice,
(
b) any person who is occupying the property, whether as a tenant or otherwise,
and
(
c) any person whose activities on or near the property may be causing or
contributing to the activities described in the Community Safety Order.
1. The Supreme Court of Nova Scotia (“the Court”) has made a Community Safety Order
against this property under the Safer Communities and Neighbourhoods Act , S.N.S. 2006,
c. 6.
2. The Community Safety Order prohibits everyone from causing or contributing to any of
the activities described in the Community Safety Order on this property.
The Community Safety Order requires the owner(
s) of this property to do everything
reasonably possible to prevent the activities from continuing or reoccurring.
3. The Community Safety Order may also do the following:
(
a) The Community Safety Order may require you and everyone living with you to
vacate this property, either immediately or by a specific date, and not return.
( Safer Communities and Neighbourhoods Act , s. 7(2)(a))
If you have read the Order, and you aren’t sure if you have to vacate this
property, please contact the Public Safety Section, Policing and Victim
Services Division, Department of Justice, at (902) 424-2504.
(
b) If you are a tenant of this property, the Community Safety Order may have
terminated your lease or tenancy agreement, either immediately or on a specific
date.
( Safer Communities and Neighbourhoods Act , s. 7(2)(b))
If you have read the Order, and you aren’t sure if your lease or tenancy
agreement has been terminated, please contact the Public Safety Section,
Policing and Victim Services Division, Department of Justice, at
(902) 424-2504.
(
c) The Community Safety Order may have ordered the Director of Public Safety
to close this property, either immediately or on a specific date, and keep it
closed for up to 90 days.
( Safer Communities and Neighbourhoods Act , s. 7(2)(c))
If you have read the Order, and you aren’t sure if the Director was ordered to
close the property, please contact the Public Safety Section, Policing and
Victim Services Division, Department of Justice, at (902) 424-2504.
4. If you are an owner of this property, you must immediately serve a copy of the
Community Safety Order and this Notice on every other person who is lawfully
occupying the property or who has a right to occupy it.
You must serve the Order and this Notice by giving the Order and the Notice to the person
occupying the property or to another person who is present at the property and appears to
be an adult.
( Safer Communities and Neighbourhoods Act , s. 12(2); Safer Community and
Neighbourhoods Regulations , s. 4(1))
5. If you are an occupant of this property and the Community Safety Order
(
a) requires you to vacate the property, or
(
b) terminates your lease or tenancy agreement, or
(
c) orders the Director of Public Safety to close this property,
you can apply to the Court to change the Order.
You must act quickly. You must apply to the Court within 14 days of the day you were
served with the Order.
Even if you apply to the Court to change the Order, you must still obey the Order until the
Court changes it.
( Safer Communities and Neighbourhoods Act , s. 13.)
6. If you are an owner of this property and the Community Safety Order orders the Director
of Public Safety to close the property, you can apply to the Court to set aside the part of the
Order requiring the property to be closed.
You must act quickly. You must apply to the Court before the date the Director of Public
Safety must close the property.
If the Director does have to close the property, you will have to pay the Director’s costs of
closing the property.
( Safer Communities and Neighbourhoods Act , ss. 7(4) & 26(1))
7. Police officers are authorized to assist in serving and enforcing a Community Safety Order.
( Safer Communities and Neighbourhoods Act , s. 66)
8. If accompanied by a peace officer, the Director of Public Safety or a person acting on the
Director’s behalf may enter this property to post the Community Safety Order and this
Notice.
( Safer Communities and Neighbourhoods Act , s. 12(2))
9. Offences:
(
a) A person who removes a posted copy of a Community Safety Order, or a
Notice posted with the Order, while the Order is still in effect can be fined up
to $2500 or imprisoned for up to 3 months or both.
( Safer Communities and Neighbourhoods Act , s. 34)
(
b) A person who, without the Director’s consent, enters a property that is closed
can be fined up to $5000 or imprisoned for up to 6 months or both.
( Safer Communities and Neighbourhoods Act , s. 35)
(
c) An owner of a property who fails to comply with a Community Safety Order
can be fined up to $500 a day.
( Safer Communities and Neighbourhoods Act , ss. 36(1), (3) and (4))
(
d) A person other than an owner who causes, contributes to, permits or acquiesces
in activities described in the Order can be fined up to $500 a day.
( Safer Communities and Neighbourhoods Act , ss. 36(2), (3) and (4))
10. If you are an owner of the property or a person occupying the property, and you do not
comply with the Order after having been served with a copy of it, you could be charged
with contempt of court. If you are found guilty of contempt of court, you could be fined or
imprisoned.
11. If you are a person causing or contributing to any of the activities described in the
Community Safety Order on or near the property and you fail to comply with the Order
after having been served with a copy of it, you could be charged with contempt of court. If
you are found guilty of contempt of court, you could be fined or imprisoned.
12. If you are an owner of the property or a person lawfully occupying or with a right to
occupy the property, the Community Safety Order will be served on you with this Notice.
The Community Safety Order is also posted on the property.
If you have any questions about this Notice or the Community Safety Order, please
contact the Public Safety Section, Policing and Victim Services Division, Department of
Justice, at (902) 424-2504.
________________________________________________________________
Schedule B
Notice of Objection
(Section 26I of the Safer Communities and Neighbourhoods Act )
TO: Director, Public Safety Investigative Section, Public Safety and Security
Division, Department of Justice
RE: Notice of objection by respondent to cyberbullying prevention order dated
, 20
1. This is to notify you that I, the respondent, am objecting to the cyberbullying prevention
order made on , 20 .
A copy of the cyberbullying prevention order is attached.
2. The reason(
s) for my objection is/are: (state reasons concisely and use additional pages if
necessary)
(If a lawyer is representing you for the purpose of this objection, complete item 3.)
3. I have a lawyer for the purpose of this objection.
My lawyer’s name is
Contact information:
Signature of respondent
____________________________
Date
Print name
Schedule B added: O.I.C. 2013-344, N.S. Reg. 314/2013.
________________________________________________________________
Schedule C
Copy of Notice of Objection and Proof of Service
(Section 26I of the Safer Communities and Neighbourhoods Act )
20 No.
SUPREME COURT OF NOVA SCOTIA
BETWEEN:
Director, Public Safety Investigative Section,
Public Safety and Security Division,
Department of Justice
Applicant
- and -
(name of Respondent)
Respondent
Respondent objects
The respondent is objecting to the cyberbullying prevention order made on ,
20 .
A copy of the cyberbullying prevention order is attached.
A copy of the notice of objection served on the Director on , 20 and
proof of service on the Director are attached.
Signature
Signature of respondent
____________________________
Date
Print name
(or, if the respondent is represented by a lawyer for the purpose of the objection)
Signature of counsel
____________________________
Date
(name) as counsel for (name of respondent)
Prothonotary’s certificate
I certify that this form and the documents attached to it were filed with the court on
, 20 .
Prothonotary
(Attach copy of cyberbullying prevention order, notice of objection to the Director, and proof of
service on the Director.)