BILL 91
Safer Communities
and Neighbourhoods Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
PART 1
INTERPRETATION
Definitions and Interpretation
1(1) The following definitions apply in this Act.
“building” means (bâtiment)
(a) a structure of any
kind or a part of a structure, including an apartment, cooperative
housing unit or condominium unit, and
(b) a mobile home.
“closure order” means
an order made under section 58.
(ordre de fermeture)
“court” means The Court of
Queen’s Bench of New Brunswick, and includes any judge of that
court. (cour)
“criminal organization” means
a criminal organization as defined in the Criminal Code. (organisation criminelle)
“criminal organization offence”
means a criminal organization offence as defined in the Criminal Code. (infraction d’organisation criminelle)
“Director” means the Director
of Safer Communities and Neighbourhoods appointed under section 2. (directeur)
“fortified building” means
a building protected by one or more of the following: (bâtiment fortifié)
(a) bulletproof material
or material designed to be resistant to explosives on exterior doors
or windows;
(b) protective metal plating on the interior or
exterior of the building that is not required for the structural integrity
of the building;
(c) armoured or specially
reinforced doors;
(d) metal bars on exterior
doors or windows;
(e) metal screens or mesh
on exterior doors or windows with a gauge that exceeds normal usage
for insect or pest control;
(f) razor wire, barbed
wire, nails or other sharp items in, on or around an exterior fence;
(g) structural impediments placed in doors or windows
that will negatively affect access to or exit from the property;
(h) trenches, pillars, barriers or other impediments designed
to impede motor vehicle access to the property; or
(i) any other
method or material prescribed by regulation.
“intoxicating substance” means (substance intoxicante)
(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) polish removers, including fingernail polish
removers, containing acetone, aliphatic acetates or methyl ethyl ketone,
(d) aerosol products, including aerosol disinfectants, containing
ethyl alcohol, and
(e) any other product
or substance prescribed by regulation.
“land registration office”
means the registry office for a county or the land titles office for
a land registration district. (bureau d’enregistrement des
biens-fonds)
“Minister” means the Minister
of Public Safety and includes any person designated by the Minister
to act on the Minister’s behalf. (ministre)
“owner”, in relation
to property, means (propriétaire)
(a) a person who
is shown as the owner of the property in the records of the appropriate
land registration office,
(b) a person who is shown
as the owner of the property in the assessment and tax roll prepared
by the Executive Director of Assessment under the Assessment Act,
(c) a person who
manages or receives rents from the property, whether on his or her
own behalf or as agent or trustee for another person, and
(d) a guardian, committee, executor, administrator or trustee
in whom the property or any estate or interest in the property is
vested.
“person” includes an individual,
corporation, cooperative, partnership, limited partnership or unincorporated
organization of persons. (personne)
“property” means (propriété)
(a) a building and the
land on which the building is located, and
(b) land on which
no building is located.
“public body” means a public
body as defined in the Protection
of Personal Information Act. (organisme public)
“record” means a document in
any form that may contain information relevant to the administration
and enforcement of this Act. (registre)
“removal order ” means an order
made under section 56. (ordre d’enlèvement)
“respondent” means the owner
named as the respondent in an application made under subsection 8(2) or section 16, 22 or 29. (intimé)
“specified use”, in relation
to property, means the use of the property for (fins déterminées)
(a) the sale or manufacture
of liquor as defined in the Liquor
Control Act, in contravention of that Act and the regulations
under that Act,
(b) the use or consumption
of an intoxicating substance as an intoxicant, or the sale, transfer
or exchange of an intoxicating substance where there are reasonable
grounds to believe that the recipient will use or consume the intoxicating
substance as an intoxicant, or cause or permit the intoxicating substance
to be used or consumed as an intoxicant,
(c) 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,
(d) prostitution or activities related to prostitution,
(e) any of the gaming or betting activities referred to
in sections 201 and 202 of the Criminal
Code (Canada),
(f) the sexual abuse or
sexual exploitation of a child or activities related to the sexual
abuse or sexual exploitation of a child,
(g) the commission
or promotion of a criminal organization offence,
(h) the accommodation,
aid, assistance or support of any nature of a criminal organization
or any of its activities or the facilitation of any of its activities,
(i) 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), the regulations
under that Act or any other Act or regulation of the Parliament of
Canada,
(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, and
(j) any other use prescribed by regulation.
1(2) Information or wording that appears on or in any of the following
labels or materials is, in the absence of evidence to the contrary,
proof of the nature of the intoxicating substance
(a) the labels attached to the bottles, packages, tins,
tubes, or other containers in which an intoxicating substance is sold,
displayed or delivered,
(b) any descriptive material displayed with or accompanying
an intoxicating substance when sold or offered for sale, or
(c) any advertising material respecting an intoxicating
substance published or distributed by the maker or seller of the intoxicating
substance.
Appointment of Director
2 The Minister shall appoint an employee of the Civil Service, as defined
in the Civil Service Act,
as Director of Safer Communities and Neighbourhoods.
Delegation
3(1) The Director may in writing delegate his or her duties and powers
under this Act and the regulations to any person who is employed in
the office of the Director.
3(2) Any person who is employed in the office of the Director is an
employee of the Civil Service, as defined in the Civil Service Act.
3(3) The Director may impose such terms and conditions as he or she
considers appropriate on a delegation.
3(4) Anything done by a person under a delegation shall have the same
effect as if it had been done by the Director.
3(5) The Director may revoke, in whole or in part, a delegation.
Act binds the Crown
4 This Act binds the Crown.
Conflict
5 If a conflict exists between this Act and the The Residential Tenancies Act, this
Act prevails.
PART 2
SAFER COMMUNITIES AND NEIGHBOURHOODS
Division A
Definitions and Interpretation
Definitions and Interpretation
6(1) The following definitions apply in this Part.
“complainant” means a person
who has made a complaint to the Director under subsection 7(1). (plaignant)
“tenancy agreement”
means a tenancy agreement as defined in the The Residential Tenancies Act. (convention de location)
6(2) For the purposes of this Part, 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 peaceful enjoyment of one or more
properties in the community or neighbourhood, whether the property
is privately or publicly owned.
Division B
Complaint to Director
Complaint to Director
7(1) A person who wishes a community safety order to be made under
this Part shall make a complaint to the Director stating that the
person believes
(a) that his or her community or neighbourhood is being
adversely affected by activities on or near a property in the community
or neighbourhood, and
(b) that the activities indicate that the property is being
habitually used for a specified use.
7(2) A complaint shall be made in a form and manner acceptable to
the Director and shall be accompanied by such information as may be
required by the Director.
Director’s actions after receiving
a complaint
8(1) At any time 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 or occupant
of the property, or to anyone else the Director considers appropriate,
(d) attempt to resolve the complaint by agreement
or informal action,
(e) decide not to act on the complaint, or
(f) take any other action that the Director considers appropriate.
8(2) In addition to any of the actions referred
to in subsection (1), the Director may apply to the court for a community
safety order.
8(3) The decision to take any of the actions referred to in subsections
(1) and (2) or to stop doing any of them at any time is within the
Director’s discretion.
8(4) The Director shall notify the complainant in writing if he or
she decides not to act or continue to act on a complaint.
8(5) The Director is not required to give reasons for any decision
made under this section.
Division C
Investigations
Director’s authority to obtain information
9(1) For the purposes of an investigation under this Part, the Director
may
(a) collect information from any person or public body about
the owner or occupant of a property in respect of which an application
for a community safety order may be made, including
(i) the name and address of the owner
or occupant,
(ii) the whereabouts of the owner or occupant,
and
(iii) the name and address of the employer
of the owner or occupant,
(b) collect information from any person or public body about
the ownership of a property in respect of which an application for
a community safety order may be made,
(c) collect information from any person or public body about
the occurrence of activities in respect of which an application for
a community safety order may be made, and
(d) make and maintain records of any information received
under paragraph (a), (b) or (c) or of the occurrence of activities in respect of which
an application for a community safety order may be made.
9(2) When the Director requests information under paragraph (1)(a), (b) or (c) from a public
body, the public body shall provide the information to the Director.
9(3) When the Director requests information under paragraph (1)(a), (b) or (c) from a person
carrying on a business and the information is contained in the business
records of that person, the person shall give the Director a copy
of the business record in which the information is contained.
Confidentiality
10(1) The information and records referred to in section 9 are confidential and shall not be disclosed
except
(a) for the purposes of administering and enforcing this
Act, or
(b) if the Director is of the opinion that it would be in
the public interest to disclose the information or records.
10(2) Despite paragraphs (1)(a) and (b),
(a) the identity of the complainant and any record by which
the complainant may be identified shall not be disclosed without the
prior written consent of the complainant, and
(b) the identity of any person who provides information
under section 9 and any record by
which the person may be identified shall not be disclosed without
the prior written consent of the person.
Non-compellability
11(1) Subject to subsection (2), the Director is not compellable to
give evidence concerning the information and records referred to in
section 9 in any action or proceeding
of a judicial or quasi-judicial nature.
11(2) The Director is compellable in the following circumstances to
give evidence concerning the information and records referred to in
section 9 other than the identity
of the complainant and the identity of any person who provides information
under section 9:
(a) if the Director applies for a community safety order;
(b) if the court orders that a complainant’s
application for a community safety order be continued in the Director’s
name; or
(c) if the Director intervenes in a complainant’s
application for a community safety order.
Privilege
12 The information and records referred to in section 9, the identity of the complainant and
the identity of any person who provides information under section 9 are absolutely privileged and shall
not be used as evidence by any person other than the Director in any
action or proceeding of a judicial or quasi-judicial nature.
False or misleading statement
13 No person shall knowingly make a false or misleading statement, either
orally or in writing, to the Director while the Director is engaged
in carrying out his or her duties and powers under this Part.
Director’s power to authorize investigation
14 The Director may contract with or authorize any person to investigate
a complaint.
Division D
Community Safety Order
When court may make order
15(1) The court may make a community safety order if the court is satisfied
that
(a) activities have been occurring on or near the property
that give rise to a reasonable inference that the property is being
habitually used for a specified use, and
(b) the community or neighbourhood is adversely affected
by the activities.
15(2) A community safety order shall contain
(a) a provision describing the property and the activities
in respect of which the order is made,
(b) a provision prohibiting all persons from causing, contributing
to, permitting or acquiescing in the activities,
(c) a provision requiring 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) a statement indicating the appeal process set out in
section 36, and
(e) a provision fixing the date on which the order ceases
to be in effect.
15(3) A community safety order may contain
(a) a provision requiring any or all persons to vacate the
property on or before a specified date and prohibiting any or all
of them from re-entering or re-occupying the property,
(b) a provision terminating the commercial lease or tenancy
agreement of any tenant of the property on the date specified under
paragraph (a),
(c) a provision requiring the Director to close the property
from use and occupation on a specified date and keep the property
closed for up to 90 days,
(d) a provision limiting the order to the part of the property
about which the application for the order was made or to a particular
person, and
(e) any other provision that the court considers necessary
to make the order effective, including an order of possession in favour
of the respondent.
Director may apply to vary order
16(1) The Director may apply to the court to vary a community safety
order if the order is still in effect but the property is not subject
to closure because
(a) the order did not contain a provision requiring the
property to be closed,
(b) the provision requiring the property to be closed was
set aside, or
(c) the closure period has expired.
16(2) The court may vary the community safety order to include any
of the provisions referred to in subsection 15(3).
16(3) The Director may apply more than once to vary a community safety
order under this section.
Emergency closure
17(1) If the court is satisfied that the activities about which an
application for a community safety order is made are a serious and
immediate threat to the safety or security of one or more occupants
of the property or persons in the community or neighbourhood, the
court may make a community safety order
(a) requiring the Director to close the property from use
and occupation immediately and keep the property closed for up to
90 days, and
(b) containing any other provision that the court considers
necessary to counter the threat or fairly give effect to an order
under paragraph (a), including
(i) a provision requiring any or
all persons to vacate the property on or before a specified date and
prohibiting any or all of them from re-entering or re-occupying the
property, and
(ii) a provision terminating the commercial
lease or tenancy agreement of any tenant of the property on the date
specified under subparagraph (i).
17(2) A community safety order made under subsection (1) shall contain
all of the provisions required by subsection 15(2).
Length of closure period
18 When deciding the length of a period of closure, the court shall
consider
(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.
Respondent may apply to set aside
portion of order
19(1) Before the closure date specified in a community safety order,
the respondent may apply to the court to set aside the portion of
the community safety order requiring the property to be closed.
19(2) The court may, on application by the respondent,
(a) set aside the portion of the community safety order
requiring the property to be closed,
(b) set aside the community safety order, if the court is
satisfied that the activities have ceased and are not likely to resume,
or
(c) set aside or vary the portion of the community safety
order prohibiting one or more persons from re-entering or re-occupying
the property, if the court is satisfied that to do so is necessary
to allow the property to be used again.
Service of order
20(1) As soon as possible after a community safety order is made, the
Director shall serve a copy of the order on the respondent in accordance
with the regulations.
20(2) As soon as possible after the respondent is served with the community
safety order, the respondent shall, in accordance with the regulations,
serve a copy of the order on every person who is lawfully occupying
the property or has a right to occupy the property.
20(3) If the respondent fails to serve the community safety order on
any person who is required to be served, the Director shall serve
a copy of the order on the person in accordance with the regulations.
Posting of order
21 As soon as possible after a community safety order is made, the Director
shall post a copy of the order in a conspicuous place on the property
in respect of which the order is made.
Division E
Application by Complainant for Community
Safety Order
Application for order
22(1) The complainant may apply to the court for a community safety
order if he or she has made a complaint to the Director about the
property and the Director
(a) has decided not to act or continue to act on the complaint,
or
(b) has abandoned an application for a community safety
order.
22(2) The complainant shall file with the
court the Director’s written notice provided under subsection 8(4).
22(3) The complainant’s application shall be made within 2 months
after the date of the Director’s written notice provided under
subsection 8(4).
22(4) Sections 15, 17 and 18 apply, with necessary modifications, to an application by a complainant.
22(5) In an application by a complainant, the court shall not draw
an adverse inference from the fact that the Director
(a) did, or did not take, any of the actions referred to
in subsection 8(1) or (2), or
(b) abandoned an application for a community safety
order.
Service on the Director
23(1) A complainant shall, as soon as possible
(a) after filing a notice of application for a community
safety order, serve a copy of the application on the Director, and
(b) after an application is dismissed, notify the
Director.
23(2) A document that is to be served on
or given to the Director under subsection (1) shall be served or given
in accordance with the regulations.
Abandonment of application
24(1) A complainant shall, at least 30 days before taking any step
to abandon an application for a community safety order, notify the
Director in writing of his or her intention to abandon the application.
24(2) A complainant who wishes to abandon an application for a community
safety order shall file with the court the Director’s written
confirmation that the Director does not intend to continue the application
under section 25.
Court may continue application in Director’s
name
25 The court may order a complainant’s
application for a community safety order be continued in the Director’s
name if
(a) the complainant notifies the Director under section 24 of his or her intention to abandon
the application, and
(b) the Director requests that the application be so continued.
Applications - frivolous, vexatious or
not in public interest
26 If the Director believes that a complainant’s application for
a community safety order is frivolous, vexatious or not in the public
interest, the Director may intervene in the application to request
that it be dismissed.
Costs on applications that are frivolous
or vexatious
27(1) The court may, in addition to any other order for costs, order
the complainant to pay to Her Majesty in right of the Province all
reasonable costs related to the investigation if
(a) the Director investigated the complaint, and
(b) the court finds that the complainant’s application
for a community safety order is frivolous or vexatious.
27(2) Costs ordered to be paid under subsection (1) shall be paid immediately
to the Minister of Finance.
Division F
Application for Variation of Community
Safety Order by Commercial Tenant or Resident
Definition of “resident”
28 In sections 29 and 30, “resident” means an individual
who has a right to occupy a property as his or her residence, or had
a right to occupy the property as his or her residence, when he or
she was required by a community safety order to vacate the property,
but who does not own the property.
Application for variation of order
29(1) A commercial tenant or resident may apply to the court to vary
a provision in a community safety order that
(a) requires the commercial tenant or resident and, if applicable,
members of his or her household to vacate the property and prevents
them from re-entering or re-occupying the property,
(b) terminates the commercial lease or tenancy agreement,
or
(c) requires the Director to close the property.
29(2) The commercial tenant or resident shall make the application
within 14 days after he or she is served with the community safety
order.
29(3) The Director is a party to the application
to vary and is entitled to be heard, by counsel or otherwise, on the
application.
29(4) The court may extend the time for making the application if the
court is satisfied that the extension is in the interests of justice.
29(5) An application under this section does not stay the operation
of the community safety order.
When court may vary order
30(1) The court may vary a community safety order if the court is satisfied
(a) that the person who applies for the variation is a commercial
tenant or resident,
(b) in the case of a commercial tenant, that he or she did
not cause, contribute to, permit or acquiesce in any of the activities
in respect of which the order was made,
(c) in the case of a resident, that neither the resident
nor any member of his or her household for whom he or she is seeking
a variation caused, contributed to, permitted or acquiesced in any
of the activities in respect of which the order was made,
(d) that no person who caused, contributed to, permitted
or acquiesced in any of the activities is still present at or occupying
the property,
(e) that the commercial tenant, resident or a member of
his or her household for whom he or she is seeking a variation will
suffer undue hardship if the order is not varied, and
(f) in the case of the community safety order that was varied
under section 16, that neither the
commercial tenant, the resident, nor any member of his or her household
for whom he or she is seeking a variation was an occupant of the property
when the community safety order was made.
30(2) The court may vary a community safety order to include
(a) a provision fixing a later date for
(i) the commercial tenant or the resident
and members of his or her household to vacate the property,
(ii) the commercial lease or tenancy
agreement to be terminated, or
(iii) the Director to close the property,
(b) a provision setting aside the requirement to
vacate or close the property,
(c) a provision setting aside the termination of the commercial
lease or tenancy agreement, or reinstating the commercial lease or
tenancy agreement if the date of termination has already passed,
(d) if the commercial tenant or the resident and
members of his or her household have already vacated the property,
a provision authorizing them to re-enter and re-occupy the property
and, if applicable, requiring the respondent to allow them to re-enter
and re-occupy the property,
(e) if the property has already been closed, a provision
requiring the respondent to open the property for the purpose of paragraph
(d) and make the property
ready for occupation, and
(f) any other provision that the court considers appropriate.
30(3) The court may consider the following factors:
(a) whether the respondent will suffer undue hardship if
the community safety order is varied;
(b) in the case of a commercial tenant, whether there is
a commercial lease between the commercial tenant and the respondent,
or whether there was a commercial lease when the commercial tenant
was required to vacate the property;
(c) in the case of a resident, whether there is a tenancy
agreement between the resident and the respondent, or whether there
was a tenancy agreement when the resident was required to vacate the
property;
(d) whether the respondent is opposed to the application
if the variation would authorize a commercial tenant or resident,
who does not or did not have a commercial lease or tenancy agreement,
to re-enter and re-occupy the property; and
(e) any other factor that the court considers relevant.
Division G
General
Court shall consider merits
31 Despite the fact that the respondent consents to a community safety
order or does not oppose an application, the court shall not grant
the order unless the court is satisfied on the merits that the order
should be made.
Requirements re applications
32(1) Except as otherwise provided in this Act or the regulations,
the Rules of Court apply to applications under this Part.
32(2) An application under this Part shall name the owner of the property
as the respondent.
32(3) The factual allegations in an application under this Part may
be different from those in the complaint.
Presumption re offence
33 In an application made under this Part,
(a) there is a rebuttable presumption that a person is a
member of a criminal organization if he or she has been found guilty
or convicted of a criminal organization offence,
(b) evidence that a person was found guilty, convicted or
found not criminally responsible on account of mental disorder with
respect to an offence under the Criminal Code (Canada) is admissible in evidence as proof
that the person committed the offence, and
(c) evidence that a person was charged with and acquitted
of an offence under the Criminal
Code (Canada), or that the charge was withdrawn or stayed,
is not relevant in making a finding of fact.
Registration of order
34(1) The Director shall, at the appropriate land registration office,
register a community safety order against the affected title.
34(2) Section 44 of the Registry Act and section 55 of the Land Titles
Act do not apply to the registration of a community safety
order.
34(3) After a community safety order is registered,
the Director
(a) may, at any time before the order ceases to be in effect,
file a discharge of the registration at the appropriate land registration
office, and
(b) shall file a discharge of the registration at the appropriate
land registration office when the order is no longer in effect.
34(4) The registration of a community safety order may be discharged
with respect to
(a) the property described in the order by filing a discharge
of the registration at the appropriate land registration office, or
(b) any portion of the property described in the
order by filing an amendment of the registration at the appropriate
land registration office.
Effect of transfer of property
35(1) A person who, after being served with a notice of application
or becoming aware of an application for a community safety order in
respect of a property, transfers a legal or beneficial interest in
the property to another person, or gives a right of occupancy of the
property to another person, shall inform the other person about the
application before completing the transfer or giving the right of
occupancy.
35(2) A person who transfers a legal or beneficial interest in the
property to another person, or gives a right of occupancy of the property
to another person, while a community safety order in respect of the
property is in effect shall inform the other person about the order
before completing the transfer or giving the right of occupancy.
35(3) A person who receives an interest in a property that is the subject
of an application for a community safety order is deemed to be a respondent
to the application when the transfer of the interest is complete,
and any order made by the court is binding on that person.
Appeal
36 A community safety order may be appealed to The Court of Appeal of
New Brunswick
(a) on a question of law, and
(b) with leave of a judge of The Court of Appeal of New
Brunswick.
Limitation on other actions and proceedings
37 No action or proceeding, other than an application under section 19 or 29 or an appeal under section 36,
shall 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,
(d) to have a community safety order judicially
reviewed, or
(e) to obtain relief from forfeiture in respect of a commercial
lease or tenancy agreement that is terminated under a community safety
order.
Director to notify Minister
of Social Development
38 If the Director has reason to believe that there are children residing
in a building in respect of which an application for a community safety
order has been made, the Director shall immediately inform the Minister
of Social Development of the situation.
Division H
Closure of Property by Director
Director may enter property
39(1) The Director may, without the consent of the owner or occupant,
enter a property in order to close the property under a community
safety order and keep the property closed.
39(2) The Director may employ any tradespersons and workers that he
or she considers necessary to safely and effectively close the property
and keep the property closed.
39(3) The Director may take any measures that he or she considers necessary
to safely and effectively close the property and keep the property
closed, including
(a) requesting any persons at the property to leave the
property immediately,
(b) attaching locks, boarding and other security devices,
(c) erecting fences,
(d) changing or terminating utility services,
(e) making interior or exterior alterations to the property
so that the property is not a hazard while it is closed, or
(f) any other measure prescribed by regulation.
39(4) The Director may allow others access to the property that is
closed under a community safety order for any purpose that the Director
considers appropriate.
39(5) The Director is not responsible for the removal of anything attached
to or erected at the property, or the reversal of anything done to
or at the property, to close the property or keep the property closed.
Requirement to leave property
40(1) When the Director is required to close a property, all the persons
at the property shall leave the property immediately on request by
the Director, even if they have not been previously served with the
community safety order that requires the Director to close the property.
40(2) If a person does not comply with a request to leave, the Director
may obtain the assistance of a peace officer to remove the person
from the property.
40(3) Subject to the variation of a community safety order under section 29, after leaving the property and while
the property is closed, no person shall re-enter or re-occupy the
property without the Director’s consent.
Director to help with alternative accommodations
41(1) The Director shall make a reasonable effort to determine whether
the occupants of a property who are required to leave have alternative
accommodations and, for those who do not, the Director shall provide
whatever assistance in finding alternative accommodations that the
Director considers reasonable, including
(a) giving them information about and referring them to
community resources and housing authorities, or
(b) arranging short-term accommodations for them if the
Director considers it necessary or advisable.
41(2) Subsection (1) does not apply to an occupant who the Director
reasonably believes caused, contributed to, permitted or acquiesced
in any of the activities in respect of which the community safety
order that requires the occupants to leave was made.
Debt due Her Majesty
42(1) The respondent shall, on demand from the Director, pay the following
costs to the Minister of Finance in the amount certified by the Director:
(a) the costs related to an investigation under this Part;
(b) the costs of closing the property and keeping
the property closed; and
(c) the costs of arranging short-term accommodations for
the occupants.
42(2) An amount required to be paid by the respondent is a debt due
to Her Majesty in right of the Province and may be recovered from
the respondent in accordance with section 43.
Recovery of Director’s costs - filing
of certificate
43(1) The Director may issue a certificate stating
(a) the amount of the costs and expenses incurred under
this Part, including interest, and
(b) the name and address of the respondent from whom the
costs and expenses are recoverable.
43(2) The certificate is evidence of the amount of the debt due to
Her Majesty in right of the Province by the respondent at the time
the certificate is issued.
43(3) The certificate may be filed in the court and shall be entered
and recorded in the court and, when so entered and recorded, becomes
a judgment of the court and may be enforced as a judgment obtained
in the court by Her Majesty in right of the Province against the respondent
for a debt of the amount specified in the certificate.
43(4) All reasonable costs and charges attendant on the filing, entering
and recording of the certificate shall be recovered as if the amount
had been included in the certificate.
43(5) From the date on which an amount owed to Her Majesty in right
of the Province under this Part is required to be paid, the amount
bears interest at the rate prescribed by regulation.
Division I
Offences and Penalties
Offences and penalties
44(1) No person shall
(a) without the Director’s consent,
(i) remove, deface or interfere with a
duly posted copy of a community safety order while the order is in
effect,
(ii) fail to vacate a property that is
closed under a community safety order, or
(iii) re-enter or re-occupy a property
that is closed under a community safety order, or
(b) violate or fail to comply with a community safety order.
44(2) A person who violates or fails to comply with subparagraph (1)(a)(i) commits an offence punishable
under Part II of the Provincial Offences
Procedure Act as a category F offence.
44(3) A person who violates or fails to comply with any of the following
provisions commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category I offence:
(a) subparagraph (1)(a)(ii);
(b) subparagraph (1)(a)(iii); and
(c) paragraph (1)(b).
44(4) A person who violates or fails to comply
with subsection 9(2) or (3) commits
an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
44(5) A person who violates or fails to comply with section 13 commits an offence punishable under
Part II of the Provincial Offences
Procedure Act as a category H offence.
44(6) A person who violates or fails to comply with subsection 35(1) or (2) commits an offence punishable
under Part II of the Provincial Offences
Procedure Act as a category I offence.
44(7) Despite section 56 of the Provincial
Offences Procedure Act, the minimum fine that may be imposed
under that Act in respect of an offence under this section shall be
$1,000.
Continuing offence
45 If an offence under paragraph 44(1)(b) continues for more
than one day,
(a) the minimum fine that may be imposed is $1,000 multiplied
by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the
maximum fine set by the Provincial
Offences Procedure Act for a category I offence multiplied
by the number of days during which the offence continues.
PART 3
FORTIFIED BUILDINGS
Division A
Application
Application of Part
46 This Part applies to all buildings in the Province whether the building
was fortified before or after the commencement of this Part.
Division B
Investigations
Director appointed as inspector
47 The Minister may, subject to any terms and conditions the Minister
considers necessary, appoint the Director as an inspector to exercise
duties and powers under this Part.
Investigations
48(1) The Director may conduct an investigation with respect to any
matter that he or she considers necessary concerning the administration
and enforcement of this Part.
48(2) For the purposes of an investigation under this Part, the Director
may
(a) subject to subsection (5), enter and inspect any building
that the Director has reasonable grounds to believe is a fortified
building,
(b) take measurements and photographs of, and conduct any
tests or make any type of visual recording in or on, a building or
the property on which the building is located that the Director considers
necessary to determine if the building is a fortified building that
is a threat to public safety,
(c) require records to be produced for inspection or for
the purposes of obtaining copies and extracts,
(d) be accompanied and assisted by a person who has special
or expert knowledge,
(e) collect information from any person or public body about
the owner or occupant of a building in respect of which a removal
order or closure order may be made, including
(i) the name and address of the owner
or occupant,
(ii) the whereabouts of the owner or occupant,
and
(iii) the name and address of the employer
of the owner or occupant,
(f) collect information from any person or public body about
the ownership of a building in respect of which a removal order or
closure order may be made, and
(g) make and maintain records of any information received
under paragraph (e) or (f).
48(3) When the Director requests information under paragraph (1)(e) or (f) from a public body, the public body shall provide the information
to the Director.
48(4) When the Director requests information under paragraph (1)(e) or (f) from a person carrying on a business and the information
is contained in the business records of that person, the person shall
give the Director a copy of the business record in which the information
is contained.
48(5) Except when conducting an inspection under subsection 56(4), the Director shall not enter a
private dwelling unless the Director has the consent of the owner
or occupant or has obtained an entry warrant under the Entry Warrants Act.
48(6) Before or after attempting to enter a building, the Director
may apply for an entry warrant under the Entry Warrants Act.
Confidentiality
49(1) The information and records referred to in section 48 are confidential and shall not be disclosed
except
(a) for the purposes of administering and enforcing this
Act, or
(b) if the Director is of the opinion that it would be in
the public interest to disclose the information or records.
49(2) Despite paragraphs (1)(a) and (b), the identity of
any person who provides information under section 48 and any record by which the person
may be identified shall not be disclosed without the prior written
consent of the person.
Non-compellability
50 The Director is not compellable to give evidence concerning the information
and records referred to in section 48 in any action or proceeding of a judicial or quasi-judicial nature.
Privilege
51 The information and records referred to in section 48 and the identity of any person who
provides information under section 48 are absolutely privileged and shall not be used as evidence by any
person other than the Director in any action or proceeding of a judicial
or quasi-judicial nature.
Removal of records
52(1) The Director may, for the purposes of an investigation under
this Part, remove records from buildings and may make a copy or extract
of them or any part of them and shall give a receipt to the owner
or occupant for the records so removed.
52(2) When records are removed from a building, they shall be returned
as soon as possible after the making of the copies or extracts.
52(3) A copy or extract of any record purporting to be certified by
the Director is admissible in evidence in any action, proceeding or
prosecution as proof, in the absence of evidence to the contrary,
of the original without proof of the appointment, authority or signature
of the Director.
Obstruction
53(1) No person shall obstruct or interfere with the Director who is
carrying out or attempting to carry out an investigation under this
Part or withhold, destroy, conceal, alter or refuse to furnish any
record required by the Director for the purposes of the investigation.
53(2) A refusal of consent to enter a private dwelling is not and shall
not be deemed to be obstructing or interfering within the meaning
of subsection (1), except where an entry warrant has been obtained.
False or misleading statement
54 No person shall knowingly make a false or misleading statement, either
orally or in writing, to the Director while the Director is engaged
in carrying out his or her duties and powers under this Part.
Division C
Designation and Orders respecting Fortified
Buildings
Designating fortified
building a threat to public safety
55(1) Subject to subsection (4), the Director may designate a fortified
building as a threat to public safety.
55(2) In determining whether a fortified building is a threat to public
safety, the Director may take into account
(a) the number and type of fortifications in or on the fortified
building or on the property on which the fortified building is located,
(b) whether the fortifications could significantly
impair the ability of emergency response personnel and law enforcement
officials to gain access to the fortified building,
(c) whether the fortifications could significantly impair
the ability of people inside the fortified building to escape in an
emergency,
(d) the nature of the neighbourhood or area in which the
fortified building is located,
(e) the proximity of the fortified building to schools,
playgrounds and other places where children are likely to be present,
(f) the proximity of the fortified building to
other buildings,
(g) the purpose for which the fortified building is being
used,
(h) whether the fortifications are reasonably necessary
given the purpose for which the fortified building is being used,
(i) the persons who own, occupy or visit the fortified building,
(j) whether any criminal activity or other disruptive
behaviour has previously taken place in or around the fortified building,
and
(k) any other factor that the Director considers reasonable.
55(3) The Director may make a designation
under subsection (1) without giving prior notice to the owner or occupant
of the fortified building and without holding a hearing.
55(4) The Director shall not designate a fortified building as a threat
to public safety if it has been fortified in a manner that does not
exceed reasonable security measures commonly taken for
(a) the type of business being operated in the fortified
building, or
(b) a private dwelling.
Removal order
56(1) If the Director designates a fortified building as a threat to
public safety, the Director shall issue a removal order.
56(2) A removal order shall
(a) specify the fortifications that shall be removed from
the fortified building or the property on which the fortified building
is located,
(b) require the owner or occupant of the fortified building,
or both, to remove the specified fortifications on or before the date
specified in the removal order,
(c) contain a provision stating that a closure order for
the fortified building will be issued if the specified fortifications
are not removed on or before the date specified in the removal order,
(d) include a statement indicating the right to make an
application for judicial review of the removal order under section 57, and
(e) include any other information the Director considers
appropriate.
56(3) The date specified in the removal order for the removal of the
specified fortifications shall be at least 21 days after the removal
order is served.
56(4) The Director may enter the building to determine if the specified
fortifications have been removed.
Judicial review of removal order
57(1) The owner or occupant of a fortified building that is the subject
of a removal order may, within 14 days after the removal order has
been served, make an application for judicial review of the removal
order.
57(2) An application for judicial review
stays the operation of the removal order.
Closure order
58(1) If the fortifications specified in a removal order are not removed
on or before the date specified in the removal order, the Director
shall issue an order closing the fortified building and keeping it
closed for a period of not more than 90 days to allow the Director
to remove the specified fortifications.
58(2) A closure order shall include
(a) a provision requiring all persons to vacate the fortified
building and not re-enter or re-occupy the fortified building until
the order ceases to be in effect, and
(b) any other information the Director considers appropriate.
58(3) The Director shall terminate a closure order as soon as all the
fortifications specified in the removal order have been removed.
58(4) When a closure order has been terminated, the Director shall
advise the owner of the building that the order is no longer in effect.
58(5) The Director’s decision to issue a closure order is final
and may not be questioned or reviewed in any court of competent jurisdiction.
Service of orders
59 The Director shall, in accordance with the regulations, serve the
removal order or closure order on the owner and any occupant of the
fortified building in respect of which the removal order or closure
order is made.
Posting of orders
60 The Director shall post a copy of the removal order or closure order
in a conspicuous place on the fortified building in respect of which
the removal order or closure order is made.
Registration of closure order
61(1) The Director shall, at the appropriate land registration office,
register a closure order against the affected title.
61(2) Section 44 of the Registry Act and section 55 of the Land Titles
Act do not apply to the registration of a closure order.
61(3) After a closure order is registered, the Director
(a) may, at any time before the end of the period of closure,
file a discharge of the registration at the appropriate land registration
office, and
(b) shall file a discharge of the registration at the appropriate
land registration office when the order is no longer in effect.
61(4) The registration of a closure order may be discharged with respect
to
(a) the property upon which the fortified building is located
by filing a discharge of the registration at the appropriate land
registration office, or
(b) any portion of the property upon which the fortified
building is located by filing an amendment of the registration at
the appropriate land registration office.
Division D
Closure of Fortified Building by Director
Director may enter fortified building
62(1) When a closure order is in effect, the Director may, without
the consent of the owner or occupant, enter the fortified building
in order to remove the fortifications specified in a removal order
and close the fortified building and keep it closed.
62(2) The Director may employ any tradespersons and workers that he
or she considers necessary
(a) to remove the fortifications specified in a removal
order, and
(b) to safely and effectively close the fortified building
and keep it closed.
62(3) The Director may take any measures that he or she considers necessary
to safely and effectively close the fortified building and keep it
closed, including
(a) requesting any persons in the fortified building to
leave the property immediately,
(b) attaching locks, boarding and other security devices,
(c) erecting fences,
(d) changing or terminating utility services,
(e) making interior or exterior alterations to the fortified
building so that it is not a hazard while it is closed, or
(f) any other measure prescribed by regulation.
62(4) The Director may allow others access to the fortified building
that is closed under a closure order for any purpose that the Director
considers appropriate.
62(5) The Director is not responsible for the removal of anything attached
to or erected on the fortified building, or the reversal of anything
done to the fortified building, to close the fortified building or
keep it closed.
Requirement to leave fortified building
63(1) As soon as a closure order is in effect, the Director shall secure
the closure of the fortified building, and all the persons in the
fortified building shall leave the property immediately on request
by the Director, even if they have not been previously served with
the closure order.
63(2) If a person does not comply with a request to leave, the Director
may obtain the assistance of a peace officer to remove the person
from the fortified building.
Debt due Her Majesty
64(1) The owner of a fortified building that is the subject of a closure
order shall, on demand from the Director, pay the following costs
to the Minister of Finance in the amount certified by the Director:
(a) the costs related to an investigation under this Part;
(b) the costs of removing the fortifications; and
(c) the costs of closing the fortified building
and keeping it closed.
64(2) An amount required to be paid by the owner is a debt due to Her
Majesty in right of the Province and may be recovered in accordance
with section 65.
Recovery of Director’s costs - filing
of certificate
65(1) The Director may issue a certificate stating
(a) the amount of the costs and expenses incurred under
this Part, including interest, and
(b) the name of the owner from whom the costs and expenses
are recoverable.
65(2) The certificate is evidence of the amount of the debt due to
the Her Majesty in right of the Province by the owner at the time
the certificate is issued.
65(3) The certificate may be filed in the court and shall be entered
and recorded in the court and, when so entered and recorded, becomes
a judgment of the court and may be enforced as a judgment obtained
in the court by Her Majesty in right of the Province against the owner
for a debt of the amount specified in the certificate.
65(4) All reasonable costs and charges attendant on the filing, entering
and recording of the certificate shall be recovered as if the amount
had been included in the certificate.
65(5) From the date on which an amount owed to Her Majesty in right
of the Province under this Part is required to be paid, the amount
bears interest at the rate prescribed by regulation.
Division E
Offences and Penalties
Offences and penalties
66(1) No person shall,
(a) without the Director’s consent,
(i) remove, deface or interfere with a
duly posted copy of a removal order while the removal order is in
effect,
(ii) remove, deface or interfere with
a duly posted copy of a closure order while the closure order is in
effect,
(iii) fail to vacate a fortified building
that is closed under a closure order, or
(iv) re-enter or re-occupy a fortified
building that is closed under a closure order, or
(b) violate or fail to comply with a removal order or closure
order.
66(2) A person who violates or fails to comply
with subparagraph (1)(a)(i)
or (1)(a)(ii) commits an offence
punishable under Part II of the Provincial
Offences Procedure Act as a category F offence.
66(3) A person who violates or fails to comply with any of the following
provisions commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category I offence:
(a) subparagraph (1)(a)(iii);
(b) subparagraph (1)(a)(iv); and
(c) paragraph (1)(b).
66(4) A person who violates or fails to comply
with subsection 48(3) or (4) commits
an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
66(5) A person who violates or fails to comply with section 53 or 54 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
66(6) Despite section 56 of the Provincial
Offences Procedure Act, the minimum fine that may be imposed
under that Act in respect of an offence under this section shall be
$1,000.
Continuing offence
67 If an offence under paragraph 66(1)(b) or subsection 66(4) continues for more than one day,
(a) the minimum fine that may be imposed is $1,000
multiplied by the number of days during which the offence continues,
and
(b) the maximum fine that may be imposed is the maximum
fine set by the Provincial Offences
Procedure Act for a category H or I offence, as the case may
be, multiplied by the number of days during which the offence continues.
PART 4
GENERAL
Director and employees authorized as peace
officers
68 The Director and any person to whom the
Director delegates his or her duties and powers under this Act and
the regulations, in carrying out the duties and powers of the Director,
are persons employed for the preservation and maintenance of the public
peace and have and may exercise all the powers, authorities and immunities
of a peace officer as defined in the Criminal Code (Canada).
Assistance of other peace officers
69 If requested to do so, a peace officer shall provide any assistance
required by the Director in the performance of the Director’s
duties and powers under this Act and the regulations.
Limitation on prosecution
70 No prosecution for a contravention of this Act is to 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
71 The right to commence any action or proceeding under this Act is
in addition to, and does not derogate from, the right to commence
any other action or proceeding that exists at common law or under
any other Act.
Immunity
72 No action lies for damages or otherwise against the Province, the
Minister, the Director or any person acting under the authority of
this Act or the instructions of the Director in relation to
(a) anything done or purported to be done in good
faith, or anything omitted to be done in good faith, under this Act
or the regulations,
(b) compensation for any loss or damage caused by or during,
or arising from the closing of property or it being kept closed, or
(c) compensation for any loss or damage caused by
or during, or arising from the removal of any fortification or the
closing of a fortified building or it being kept closed.
Administration
73 The Minister is responsible for the administration of this Act and
may designate one or more persons to act on the Minister’s behalf.
Regulations
74 The Lieutenant-Governor in Council may make regulations
(a) prescribing methods and materials of fortification
for the purposes of the definition “fortified building”;
(b) prescribing products and substances for the
purposes of the definition “intoxicating substance”;
(c) prescribing uses for the purposes of the definition “specified
use”;
(d) respecting the service of orders under this Act;
(e) respecting the service of documents on the Director
and the giving of notices to the Director under section 23;
(f) respecting the measures the Director may take to safely
and effectively close a property or fortified building and keep it
closed;
(g) prescribing the rate of interest for the purposes of
sections 43 and 65;
(h) respecting applications and the enforcement of orders;
(i) prescribing anything required by this Act to
be prescribed in the regulations;
(j) defining any word or expression used in but not defined
in this Act for the purposes of this Act, the regulations or both;
(k) respecting any matter that the Lieutenant-Governor
in Council considers necessary for the administration of this Act.
Consequential amendment to the The Residential Tenancies Act
75 The Residential Tenancies Act, chapter
R-10.2 of the Acts of New Brunswick, 1975, is amended by adding after
section 27.1 the following:
ORDERS UNDER THE SAFER COMMUNITIES AND NEIGHBOURHOODS ACT
Orders under the Safer Communities and Neighbourhoods Act
27.2 Despite any other
provision of this Act, if an order is made under the Safer Communities and Neighbourhoods Act that terminates a tenancy or entitles a landlord to possession of
a demised premises, the tenancy ends and the landlord is entitled
to possession in accordance with the order.
Commencement
76 This Act or any provision of it comes into
force on a day or days to be fixed by proclamation.