BILL 22

An Act to Amend the Safer Communities and Neighbourhoods Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Subsection 1(1) of the Safer Communities and Neighbourhoods Act, chapter S-0.5 of the Acts of New Brunswick, 2009, is amended

(a)  in paragraph (c) of the English version of the definition “owner” by striking out “his or her” and substituting “their”;

(b)  in the definition “specified use”

( i) in paragraph (a) by striking out “Act and the regulations” and substituting “Act or the regulations”;

( ii) by adding after paragraph (c.1) the following:

(c.2)  the possession or sale of tobacco as defined in the Tobacco Tax Act, in contravention of that Act or the regulations under that Act;

2 Section 3 of the English version of the Act is amended

(a)  in subsection (1) by striking out “his or her” and substituting “the Director’s”;

(b)  in subsection (3) by striking out “he or she” and substituting “the Director”.

3 Paragraph 7(1)(a) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

4 Subsection 8(4) of the English version of the Act is amended by striking out “he or she” and substituting “the Director”.

5 Section 13 of the English version of the Act is amended by striking out “his or her” and substituting “the Director’s”.

6 Section 15 of the Act is amended

(a)  in paragraph (3)(c) by striking out “for up to 90 days” and substituting “for the period specified in subsection (4)”;

(b)  by adding after subsection (3) the following:

15( 4) For the purposes of paragraph (3)(c), the property shall be closed

(a)  for 90 days if the property has never been subject to closure under a community safety order,

(b)  for 90 days if the property had previously been subject to closure under a community safety order and the order or the provision requiring the property to be closed was set aside, or

(c)  for at least 90 days but not more than 120 days if the property had previously been subject to closure under a community safety order and the order or the provision requiring the property to be closed was not set aside.

7 Section 17 of the Act is amended

(a)  in paragraph (1)(a) by striking out “for up to 90 days” and substituting “for the period specified in subsection (1.1)”;

(b)  by adding after subsection (1) the following:

17( 1.1) For the purposes of paragraph (1)(a), the property shall be closed

(a)  for 90 days if the property has never been subject to closure under a community safety order,

(b)  for 90 days if the property had previously been subject to closure under a community safety order and the order or the provision requiring the property to be closed was set aside, or

(c)  for at least 90 days but not more than 120 days if the property had previously been subject to closure under a community safety order and the order or the provision requiring the property to be closed was not set aside.

8 Section 18 of the Act is amended in the portion preceding paragraph (a) by striking out “period of closure” and substituting “period of closure under paragraph 15(4)(c) or 17(1.1)(c)”.

9 The heading “Respondent may apply to set aside portion of order” preceding section 19 of the Act is amended by striking out “portion” and substituting “provision”.

10 Section 19 of the Act is amended

(a)  in subsection (1) by striking out “portion” and substituting “provision”;

(b)  in subsection (2)

( i) in paragraph (a) by striking out “portion” and substituting “provision”;

( ii) in paragraph (c) by striking out “portion” and substituting “provision”.

11 Subsection 22(1) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “he or she” and substituting “the complainant”.

12 Subsection 24(1) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

13 Paragraph 25(a) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

14 Section 28 of the English version of the Act is amended by striking out “his or her residence, or had a right to occupy the property as his or her residence, when he or she was required” and substituting “their residence, or had a right to occupy the property as their residence, when they were required”.

15 Section 29 of the English version of the Act is amended

(a)  paragraph (1)(a) by striking out “his or her” and substituting “their”;

(b)  in subsection (2) by striking out “he or she is” and substituting “they are”.

16 Section 30 of the English version of the Act is amended

(a)  in subsection (1)

( i) in paragraph (b) by striking out “he or she” and substituting “they”;

( ii) in paragraph (c) by striking out “his or her household for whom he or she is seeking” and substituting “their household for whom they are seeking”;

( iii) in paragraph (e) by striking out “his or her household for whom he or she is seeking” and substituting “their household for whom they are seeking”;

( iv) in paragraph (f) by striking out “his or her household for whom he or she is seeking” and substituting “their household for whom they are seeking”;

(b)  in subsection (2)

( i) in subparagraph (a)(i) by striking out “his or her” and substituting “their”;

( ii) in paragraph (d) by striking out “his or her” and substituting “their”.

17 Paragraph 33(a) of the English version of the Act is amended by striking out “he or she” and substituting “the person”.

18 Section 39 of the English version of the Act is amended

(a)  in subsection (2) by striking out “he or she” and substituting “the Director”;

(b)  in subsection (3) in the portion preceding paragraph (a) by striking out “he or she” and substituting “the Director”.

19 Subsection 48(1) of the English version of the Act is amended by striking out “he or she” and substituting “the Director”.

20 Section 54 of the English version of the Act is amended by striking out “his or her” and substituting “the Director’s”.

21 Section 62 of the English version of the Act is amended

(a)  in subsection (2) in the portion preceding paragraph (a) by striking out “he or she” and substituting “the Director”;

(b)  in subsection (3) in the portion preceding paragraph (a) by striking out “he or she” and substituting “the Director”.

22 Section 68 of the English version of the Act is amended by striking out “his or her” and substituting “the Director’s”.