BILL 73
An Act to Amend the Safer Communities and Neighbourhoods Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 8 of the Safer Communities and Neighbourhoods Act, chapter S-0.5 of the Acts of New Brunswick, 2009, is amended by adding the following after subsection (2):
8( 2.1) As soon as the circumstances permit after filing a notice of application for a community safety order, the Director shall serve a copy of the notice of application on the respondent in accordance with the regulations.
2 Section 15 of the Act is amended by adding the following after subsection (1):
15( 1.1) For the purposes of subsection (1), if the court is satisfied that a property is being habitually used for a specified use, there is a rebuttable presumption that the community or neighbourhood is adversely affected by the activities.
3 Section 16 of the Act is amended by adding the following after subsection (1):
16( 1.1) As soon as the circumstances permit after filing a notice of application to vary a community safety order, the Director shall serve a copy of the notice of application on the respondent in accordance with the regulations.
4 Paragraph 23(1)(a) of the English version of the Act is amended by striking out “serve a copy of the application” and substituting “serve a copy of the notice of application”.
5 The Act is amended by adding the following after section 32:
Affidavits based on information and belief
32.1 An affidavit of the Director in support of an application for a community safety order or an application to vary a community safety order may contain information relevant to the application that is provided to the Director by a person under section 9 or a complainant, without specifying the source of the information or the reasons for the Director’s belief in that information.
6 Section 74 of the Act is amended by adding after paragraph (c) the following:
c.1respecting the service of notices of application under subsections 8(2.1) and 16(1.1);
CONSEQUENTIAL AMENDMENT
Regulation under the Safer Communities and Neighbourhoods Act
7 New Brunswick Regulation 2010-66 under the Safer Communities and Neighbourhoods Act is amended by adding after section 3 the following:
Service of notice of application on respondent
3.1( 1) A notice of application for a community safety order or a notice of application to vary a community safety order that is to be served on a respondent shall be sufficiently served
aif it is served in the manner in which personal service may be made under the Rules of Court, or
bif it is mailed by registered mail to the last known address of the respondent and it is posted in a conspicuous place on the property in respect of which the application is made.
3.1( 2) A notice of application sent by registered mail shall be deemed to have been received by the respondent 7 days after the day of mailing.