Bill 106, Safer Communities and Neighbourhoods Act, 2010

Naqvi, Yasir

Current Status: Ordered carried over from previous session

Viewing: As amended by Standing Committee (current version) pdf

Bill 106                                                        2010

An Act to provide for safer communities and neighbourhoods

 

CONTENTS

PART I
INTERPRETATION

1.

Definitions

PART II
ROLE OF MUNICIPALITY

2.

Municipal opting in, appointment of Director

PART III
COMPLAINTS TO DIRECTOR

3.

4.

5.

6.

7.

8.

Complaint to Director

Actions of Director after receiving complaint

Investigation of complaint

Resolution of complaint

Letter to owner

Frivolous or vexatious complaint

PART IV
APPLICATION BY DIRECTOR FOR COMMUNITY SAFETY ORDER

9.

10.

11.

12.

13.

14.

Application by Director for order

When court may make order

Length of closure period

Order may be made for part of property, particular person

Service of order by Director

Registration of interest

PART V
MOTION FOR VARIATION ORDER BY RESIDENT

15.

Motion for variation order by resident

PART VI
APPLICATION BY COMPLAINANT FOR COMMUNITY SAFETY ORDER

16.

17.

Application by complainant for order

Notice to Director of discontinuation

PART VII
CLOSURE OF PROPERTY BY THE DIRECTOR

18.

19.

20.

21.

Director may enter property

Residents required to leave property

Director to help with alternative accommodation

Director not responsible for costs

PART VIII
ROLE OF THE DIRECTOR

22.

23.

24.

25.

Director’s authority to obtain and disclose information

Director may delegate

Director to work with agencies and neighbourhood groups

Director to notify society

PART IX
CONFIDENTIALITY OF COMPLAINT

26.

27.

Complaint confidential

Not compellable as witness

PART X
OFFENCES AND PENALTIES

28.

29.

30.

31.

32.

Prohibition on removing posted order or notice

Prohibition on entry into closed property

Prohibition on respondent ignoring order

Failure to inform third party about application or order

Directors and officers of corporations

PART XI
APPEALS

33.

Appeal only by leave

PART XII
GENERAL PROVISIONS AND REGULATIONS

34.

35.

36.

37.

38.

39.

40.

41.

Court must consider merits

Effect of transfer of property during application

Remedies not exclusive

No personal liability

Priority over other Acts

Act binds the Crown

Peace officer to assist in posting or serving

Regulations

PART XIII
COMMENCEMENT AND SHORT TITLE

42.

43.

Commencement

Short title

______________

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part i
Interpretation

Definitions

   1.  (1)  In this Act,

“board area” means the geographical area within which a local services board may exercise its jurisdiction; (“territoire de la régie”)

“building” means a structure consisting of a wall, roof and floor or any of them or a structural system serving the function thereof or a part of the structure, including an apartment, co-operative housing unit, condominium unit, or mobile home; (“bâtiment”)

“complainant” means a person who has made a complaint to the Director under section 3; (“plaignant”)

“court” means the Superior Court of Justice; (“tribunal”)

“Director” means a person described in section 2; (“directeur”)

“intoxicating substance” means,

  (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)  fingernail or other polish removers containing acetone, aliphatic acetates or methyl ethyl ketone,

  (d)  any 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”,

  (e)  aerosol disinfectants and other aerosol products containing ethyl alcohol, or

    (f)  any other product or substance that is prescribed in the regulations as an intoxicating substance; (“substance intoxicante”)

“local services board” means a Local Services Board within the meaning of the Northern Services Boards Act; (“régie locale des services publics”)

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“owner” means, in relation to property,

  (a)  a person who is the registered owner of title to the property under the Land Titles Act, 

  (b)  a person who is entitled to be the registered owner of title to the property pursuant to the Land Titles Act,

   (c)  a person shown as the owner of the property in the municipal assessment or tax roll records for the property,

  (d)  a person who manages or receives rents from the property, whether on his or her behalf or as agent or trustee for another person, or

  (e)  any of the following persons in whom the property or any estate or interest in the property is vested or with whom decision‑making responsibility legally resides:

           (i)  a guardian,

          (ii)  an executor, administrator or trustee, or

         (iii)  an attorney under a power of attorney; (“propriétaire”)

“person” includes an individual, corporation, co-operative, partnership, limited partnership or unincorporated organization of persons; (“personne”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“property” means,

  (a)  a building and the land on which it is located, or

  (b)  land on which no building is located; (“bien”)

“regulations” means the regulations made under this Act; (“règlements”)

“resident” means, in relation to property, an owner, a tenant or any other individual who,

  (a)  is occupying property as his or her residence, or

  (b)  had a right to occupy property as his or her residence when he or she was required by an order under this Act to vacate it, but who does not own the property; (“résident”)

“specified purpose” means use of a property,

  (a)  for the use, consumption, sale, transfer or exchange of an intoxicating substance,

  (b)  for the manufacturing, import, purchase, sale, transport, giving, possession, storage, consumption or use of liquor, as defined in the Liquor Licence Act, in contravention of that Act,

   (c)  for the use or consumption as an intoxicant by any 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 will use or consume the substance as an intoxicant, or cause or permit the substance to be used or consumed as an intoxicant,

  (d)  for 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,

  (e)  for prostitution or related activities,

  (e)  for a common bawdy-house, as defined in Part VII of the Criminal Code (Canada),

    (f)  for the sexual abuse or sexual exploitation of a child or for related activities,

  (g)  for 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) or any other federal act or regulation,

         (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, or

   (h)  any other use prescribed by the regulations;(“fin déterminée”)

   (h)  for any purpose that contravenes an Act or a requirement under federal law, if that purpose is prescribed;(“fin déterminée”)

“tenancy agreement” has the same meaning as in the Residential Tenancies Act, 2006. (“convention de location”)

Meaning of adversely affected

   (2)  For the purposes of this Act, 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 reasonable enjoyment of one or more properties in the community or neighbourhood.

Part II
ROLE OF MUNICIPALITY

Municipal opting in, appointment of Director

   2.  (1)  This Act applies in a single-tier or upper-tier municipality if the council passes a by-law appointing a Director of Safer Communities and Neighbourhoods for the municipality.

Same, local services board

   (2)  Subsection (1) also applies, with necessary modifications, with respect to a local services board and its board area.

PART III
complaints to Director

Complaint to Director

   3.  (1)  A person may make a complaint to the Director stating that the person believes that,

  (a)  activities are taking place on or near a property in the municipality or board area for which the Director was appointed;

  (b)  the activities indicate that the property is being habitually used for a specified purpose; and

   (c)  the person’s community or neighbourhood is being adversely affected by the activities.

Form of complaint

   (2)  A complaint under subsection (1) shall be made in a form and manner acceptable to the Director and shall include the information that the Director requires.

Actions of Director after receiving complaint

   4.  (1)  Subject to sections 5, 6 and 7, after receiving a complaint, the Director shall do one or more of the following:

    1.  Investigate the complaint under section 5.

    2.  Require the complainant to provide further information.

    3.  Attempt to resolve the complaint by agreement or informal action under section 6.

    4.  Send a letter of notice under section 7 to the owner of the property or to anyone else the Director considers appropriate.

    5.  Apply for a community safety order under Part IV.

    6.  Decide not to act on the complaint.

    7.  Take any other action that the Director considers appropriate.

If Director decides not to act

   (2)  The Director shall notify the complainant in writingif he or she decides not to act on a complaintif he or she decides not to act or to discontinue acting on a complaint.

Reasons not required

   (3)  The Director is not required to give reasons for any decision made under this section.

Reasons required

   (3)  The Director shall give reasons for any decision made under this section.

Investigation of complaint

   5.  As soon as possible after receiving a complaint, the Director shall investigate the complaint.

Resolution of complaint

   6.  (1)  During or after an investigation under section 5, and before taking any other action under this Act, the Director shall make a reasonable effort to resolve a complaint by agreement or informal action.

Same

   (2)  At any time after receiving a complaint, if the Director is of the opinion that it may be resolved by agreement or informal action, the Director shall make a reasonable effort to do so.

Letter to owner

   7.  If the Director sends a letter of notice under this Part to the owner of the property or to anyone else the Director considers appropriate, the letter shall set out the following information:

    1.  A statement that the Director is of the opinion that,

            i.  activities on or near the property indicate that the property is being habitually used for a specified purpose, and

           ii.  the community or neighbourhood is adversely affected by the activities.

    2.  A description of the activities and the specified purpose referred to in paragraph 1.

    3.  A notice that, if the activities do not cease by a date specified by the Director, he or she intends to apply to the court for a community safety order.

Frivolous or vexatious complaint

   8.  (1)  Despite this Part, the Director is not required to take any action on a complaint if, in the Director’s opinion, the complaint is frivolous or vexatious.

Exception

   (2)  Despite subsection (1), the Director shall comply with subsection 4 (2).

Multiple frivolous or vexatious complaints

   (3)  If the Director has determined that three complaints from the same complainant in respect of the same activities on or near the same property have been frivolous or vexatious, the Director may give the complainant written notice that if the complainant makes a subsequent complaint in respect of the same activities on or near the same property, the complainant may be required to pay for costs associated with processing the complaint, not exceeding the amount prescribed by the regulations.

Costs

   (4)  If the Director has given a notice to a complainant under subsection (3), the Director may, upon receipt from the complainant of a subsequent complaint mentioned in that subsection, require the complainant to pay to the Director the costs associated with processing the complaint, not exceeding the amount prescribed by the regulations.

Part iV
Application by Director for community safety order

Application by Director for order

   9.  (1)  If the Director applies to the court for a community safety order, the application shall name the owner of the property as the respondent.

Factual allegations may differ from complaint

   (2)  The factual allegations in the application for a community safety order may be different from those in the complaint made under section 3.

Application to be heard on an urgent basis

   (3)  The court shall hear the application an application for a community safety order on an urgent basis.

Notice to residents

   (4)  The Director shall give notice of an application for a community safety order to residents in accordance with the regulations and the residents have a right to appear and be heard by the court with respect to the application.

When court may make order

   10.  (1)  The court may make a community safety order if it is satisfied, on a balance of probabilities, that,

  (a)  activities on or near the property indicate that the property is being habitually used for a specified purpose; and

  (b)  the community or neighbourhood is adversely affected by the activities.

Mandatory contents of order

   (2)  A community safety order shall set out the following:

    1.  A description of the property and of the activities in respect of which the order is made.

    2.  A prohibition against all persons causing, permitting, contributing to, participating or acquiescing in the activities.

    3.  A requirement that the respondent do everything reasonably possible to prevent the activities from continuing or reoccurring, including anything specifically ordered by the court under paragraph 4 of subsection (4).

    4.  The date on which the order ceases to be in effect.

    5.  The fact that the respondent is entitled to appeal the order.

Prohibition

   (3)  A prohibition described in paragraph 2 of subsection (2) comes into force on the day after the respondent is served with the order and continues until the order ceases to be in effect.

Remedies

   (4)  In a community safety order, the court may do one or more of the following:

    1.  Order any or all persons to vacate the property on or before a date specified by the court, and prohibit any or all of them from re-entering or reoccupying it.

    2.  Order the termination of the tenancy agreement of any resident of the property on the date specified under paragraph 1.

    3.  Order the Director to close the property and prohibit use and occupation of the property on a specified date and keep it closed for up to 90 days.

    4.  Make any other order that it considers necessary, including an order of possession in favour of the respondent.

Same, emergency

   (5)  In addition to the remedies described in subsection (4), if the court is satisfied that the activities referred to in clause (1) (a) are a serious and immediate threat to the health, safety or security of one or more residents of the property or persons in the community or neighbourhood, the court may,

  (a)  order the Director to close the property immediately and keep it closed for up to 90 days; and

  (b)  make any other order that it considers necessary to reduce the threat or give effect to its order under clause (a).

Resident’s motion re tenancy agreement

   (6)  Before the date specified for termination of a resident’s tenancy agreement under paragraph 2 of subsection (4), the resident may make a motion asking the court to set aside the portion of the order terminating the tenancy agreement.

Respondent’s motion re closure

   (7)  Before the date specified for closure under paragraph 3 of subsection (4), the respondent may make a motion asking the court to set aside the portion of the order requiring the property to be closed.

Director’s motion to vary

   (8)  The Director may make a motion asking the court to vary a community safety order to require closure of the property if the property is not subject to closure because,

  (a)  the order did not require the property to be closed;

  (b)  the requirement in the order for the property to be closed was set aside or varied; or

   (c)  the closure period in the order has expired.

Court may set aside or vary order

   (9)  On a motion under subsection (6), (7) or (8), the court may,

  (a)  set aside the portion of the order terminating the tenancy agreement;

  (b)  set aside the portion of the order requiring the property to be closed; or

   (c)  vary the order to include any of the remedies listed in subsection (4).

Multiple motions

   (10)  A motion under subsection (8) may be made more than once with respect to the same property.

Length of closure period

   11.  When deciding the length of a period of closure for the purpose of an order under this Part, 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 referred to in clause 10 (1) (a); and

  (b)  the impact of the activities on the community or neighbourhood.

Order may be made for part of property, particular person

   12.  The court may limit a community safety order to a part of the property about which the application was made, or to particular persons.

Service of order by Director

   13.  (1)  After an order is made under this Part, the Director shall without delay,

  (a)  serve a copy of the order on the respondent and residents in accordance with the regulations; and

  (b)  post a copy of the order in a prominent place on the property.

Effective date

   (2)  An order under this Part is effective on the date it is served on the respondent.

Registration of interest

   14.  (1)  The Director shall register a copy of the community safety order against the affected title at the appropriate land registry office and shall register a discharge of the order when the order is no longer in effect.

Discharge

   (2)  The registration of an interest may be discharged under subsection (1) with respect to,

  (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.

Limitation

   (3)  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.

Part V
Motion FOR VARIATION ORDER BY RESIDENT

Motion for variation order by resident

   15.  (1)  A resident of a property that is subject to a community safety order may make a motion asking the court for an order varying a portion of the order.

When motion may be made

   (2)  A motion under subsection (1) may be made with respect to a portion of an order that,

  (a)  requires the resident and, if applicable, members of his or her household to vacate residential property that is their residence and prohibits them from re-entering or reoccupying it;

  (b)  terminates the resident’s tenancy agreement for the residential property; or

   (c)  requires the Director to close the residential property.

Time for applying

   (3)  A motion under subsection (1) shall be made within 14 days after the resident is served with the order.

Court may extend time

   (4)  The court may extend the time for making the motion if it is satisfied that the extension is in the interest of justice.

Service on Director and respondent

   (5)  The resident shall serve the Director and the respondent with notice of a motion under this section in accordance with the regulations, and the Director and the respondent are entitled to be heard with respect to the motion.

Application does not stay order

   (6)  A motion under this section does not stay the operation of the order.

When court may make variation order

   (7)  The court may make a variation order under this Part if it is satisfied that the following conditions have been met:

    1.  The applicant is a resident of the property.

    2.  Neither the applicant nor any member of his or her household for whom he or she is seeking a variation caused or contributed to any of the activities in respect of which the order was made.

    3.  No person who caused or contributed to any of the activities is still present at or occupying the property.

    4.  The applicant 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.

    5.  If the order was made on a motion made under subsection 10 (8), neither the applicant nor any member of his or her household for whom he or she is seeking a variation was a resident of the property when the order was made.

Remedies, variation order

   (8)  Ina variation ordera variation order under this Part, the Court may,

  (a)  fix a later date for,

           (i)  the applicant’s tenancy agreement to be terminated,

          (ii)  the applicant and members of his or her household to vacate the property, or

         (iii)  the Director to close the property;

  (b)  set aside the termination of the applicant’s tenancy agreement, or reinstate the tenancy agreement if the date of termination has already passed;

   (c)  set aside the requirement to vacate or close the property;

  (d)  if the applicant and members of his or her household have already vacated the property, authorize them to re-enter and reoccupy it and, if applicable, require the respondent to allow them to do so;

  (e)  if the property has already been closed, require the respondent to open it for the purpose of clause (d) and make it ready for occupation; and

    (f)  make any other order that the Court considers appropriate.

Factors that may be considered

   (9)  The court may consider the following factors when determining whether to make a variation order under this Part:

    1.  Whether the respondent will suffer undue hardship, if the variation order is made.

    2.  Whether there is a tenancy agreement between the resident and the respondent, or whether there was one when the resident was required to vacate the property.

    3.  Whether the respondent is opposed to the variation order, if it would authorize a resident who does not or did not have a tenancy agreement to re-enter and reoccupy the property.

    4.  Any other factors that the Court considers relevant.

Order may be subject to conditions

   (10)  The court may make all or part of a variation order subject to conditions.

Part VI
APPLICATION BY COMPLAINANT FOR COMMUNITY SAFETY ORDER

Application by complainant for order

   16.  (1)  A complainant may apply to the court for a community safety order if the Director has decided not to act on the complaint or to discontinue acting on it or has discontinued any application already made to the court with respect to the complaint.

Director’s confirmation required

   (2)  An application under subsection (1) must be made within two months after the date of the Director’s written notice under subsection 4 (2) and shall include a copy of the notice.

Application of previous provisions

   (3)  Subject to subsection (4), sections 9 to 14 apply, with necessary modifications, to an application by a complainant under this Part.

No adverse inference from action or inaction of Director

   (4)  In an application by a complainant under this Part, the court shall not draw an adverse inference against the complainant from the fact that the Director,

  (a)  did, or did not do, any of the things set out in subsection 4 (1); or

  (b)  discontinued an application under Part IV.

Notice to Director of discontinuation

   17.  (1)  A complainant who applies to the court under this Part shall, in accordance with the regulations, notify the Director of the application and any intention to discontinue it. 

Court may continue application in Director’s name

   (2)  The court may order a complainant’s application to be continued in the Director’s name if the Director requests the continuation and the court is satisfied that,

  (a)  the complainant consents to the continuation; or

  (b)  the complainant is no longer actively pursuing the application.

Director may intervene in certain applications

   (3)  If the Director believes that a complainant’s application or motion is frivolous or vexatious, or is not in the public interest, the Director may intervene in the application to request that it be dismissed.

Costs on frivolous or vexatious applications

   (4)  If the court finds that a complainant’s application or motion is frivolous or vexatious,it may, in addition to any other order for costs, order the complainant to pay costs to the Directorit may order the complainant to pay costs to one or more of the Director, the respondent and the resident.

Part VII
CLOSURE OF PROPERTY BY THE DIRECTOR

Director may enter property

   18.  (1)  If an order to close a property made under this Act is in effect, the Director may enter the property without the consent of the owner or resident to close it under the order and keep it closed.

Director may employ persons

   (2)  The Director may employ any person that he or she considers necessary to safely and effectively close or secure the property.

Director may attach locks, etc.

   (3)  The Director may take any measures that he or she considers necessary to safely and effectively close or secure the property and keep it closed, including any of the following:

    1.  Order any residents still occupying the property and any other persons at the property to leave it immediately.

    2.  Attach locks, hoarding and other security devices.

    3.  Erect fences.

    4.  Change or terminate utility services.  

    5.  Make interior or exterior alterations to the property so that it is not a hazard while it is closed.

Director may allow access to property

   (4)  The Director may, for any purpose that he or she considers appropriate, allow another person access to property that is closed under an order.

Residents required to leave property

   19.  If the Director is required to close a property by an order made under this Act, all residents of the property and any other persons at the property shall leave it immediately on the Director’s order and no person shall enter or occupy the property without the Director’s consent.

Director to help with alternative accommodation

   20.  (1)  The Director shall make a reasonable effort to determine whether residents who are required to vacate the property have alternative accommodation.

Same

   (2)  If, in the Director’s opinion, a resident does not have alternative accommodation, the Director shall provide whatever assistance in finding alternative accommodation that the Director considers reasonable, including, but not limited to,

  (a)  providing the resident with information about community resources and housing authorities;

  (b)  referring the resident to community resources and housing authorities; or

   (c)  arranging short-term accommodation for the resident if the Director considers it necessary or advisable.

Non-application of section

   (3)  This section does not apply to a resident who the Director reasonably believes caused or contributed to any of the activities in respect of which the order that requires the residents to leave was made.

Director not responsible for costs

   21.  (1)  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 or erected at the property, or the reversal or cost of reversal of anything done to or at the property, to close or secure it or keep it closed.

Respondent must pay cost of closing property

   (2)  The respondent shall, on demand from the Director, pay the costs of closing and securing the property and keeping it closed.

Cost of closure a debt to the municipality

   (3)  An amount payable by the respondent under subsection (2) is a debt due to the municipality and may be recovered by the municipality in a court of competent jurisdiction in an action against the respondent.

Part VIII
ROLE OF THE DIRECTOR

Director’s authority to obtain and disclose information

   22.  (1)  For the purpose of carrying out a responsibility or exercising a power under this Act, the Director is authorized,

  (a)  to obtain information from an institution, as defined in the Freedom of Information and Protection of Privacy Act, about an owner or a resident of property in respect of which an application under this Act may be made, including,

           (i)  the person’s name and address, and

          (ii)  the person’s whereabouts;

  (b)  to obtain information from any other source about the ownership of property in respect of which an application under this Act may be made;

   (c)  to obtain information from any source about the occurrence of activities in respect of which an application under this Act may be made;

  (d)  to make and maintain written, recorded or videotaped records of any information received under clause (a), (b) or (c) or of the occurrence of activities in respect of which an application under this Act may be made; and

  (e)  in the Director’s discretion, to disclose information obtained under clause (a), (b) or (c), and records made under clause (d), to a person, court, tribunal, government department, government agency, local government body, or law enforcement agency.

Certain persons required to provide information

   (2)  The institution shall provide the information and give the Director a copy of the document or record in which the information is contained, if applicable, when the Director requests information under clause (1) (a), (b) or (c),

  (a)  from a person carrying on a business if the information is contained in the person’s business records; or

  (b)  from a public body.

Disclosing information to assist with service

   (3)  The Director may disclose information obtained under clause (1) (a), (b) or (c), or records made under clause (1) (d), to a person or peace officer,

  (a)  to assist the person to serve or post a community safety order;

  (b)  to assist the peace officer to accompany the person; or

   (c)  to enable a peace officer to carry out a community safety order.

Director may delegate

   23.  (1)  The Director may delegate to any person on his or her staff any function or duty under this Act.

Exception

   (2)  Subsection (1) does not apply with respect to functions and duties of the Director under paragraphs 5 and 6 of subsection 4 (1), subsection 10 (8) and section 17.

Director may authorize investigator

   (3)  The Director may contract with or authorize any person to investigate a complaint.

Director to work with agencies and neighbourhood groups

   24.  The Director shall consult with and work in co-operation with social service systems and other agencies and community and neighbourhood organizations or groups to promote and encourage the development of safe and peaceful communities and neighbourhoods in the municipality or board area.

Director to notify society

   25.  The Director shall, at any time after a complaint is received, notify a children’s aid society without delay if,

  (a)  a child resides in the property in respect of which the complaint has been made; and

  (b)  the Director has reason to believe that the child may be at risk.

Part IX
CONFIDENTIALITY OF COMPLAINT

Complaint confidential

   26.  (1)  No person, including the Director, shall, without the complainant’s prior written consent,

  (a)  disclose the identity of the complainant, or any information by which the complainant may be identified, to another person or to a court, public body 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 or law enforcement agency without severing any information by which the complainant may be identified.

Application of subs. (1)

   (2)  Subsection (1) applies despite the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.

Not compellable as witness

   27.  (1)  The Director shall not be required in a court or in any other 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 purposes of this Act; or

   (c)  to produce any other document or thing obtained by or on behalf of the Director for the purposes of this Act.

Same

   (2)  Subsection (1) applies to any person acting for or under the direction of the Director as if that person were the Director.

Non-application of clauses (1) (b) and (c)

   (3)  Clauses (1) (b) and (c) do not apply to,

  (a)  an application by the Director;

  (b)  an application continued in the Director’s name; or

   (c)  an application in which the Director intervenes.

part X
OFFENCES AND PENALTIES

Prohibition on removing posted order or notice

   28.  (1)  No person shall, without the Director’s consent, remove, deface or interfere with a posted copy of an order or notice that is required to be posted under this Act and that remains in effect.

Same

   (2)  A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,500 or to imprisonment for a term of not more than three months, or to both.

Prohibition on entry into closed property

   29.  A person who, without the Director’s consent, enters a property that is closed under an order is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000, or to imprisonment for a term of not more than six months, or both.

Prohibition on respondent ignoring order

   30.  (1)  A respondent who fails to comply with a community safety order is guilty of an offence.

Prohibition on others ignoring order

   (2)  A person who, knowing that a community safety order has been made, causes, permits, contributes to, participates or acquiesces in activities described in the order, on or near the property described in the order, is guilty of an offence.

Continuing offence

   (3)  Each day of a contravention of or failure to comply with a community safety order constitutes a separate offence.

Penalty for ignoring order

   (4)  A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $500 for each day that the offence continues.

Failure to inform third party about application or order

   31.  A person who contravenes subsection 35 (1) or (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or both.

Directors and officers of corporations

   32.  When a corporation is guilty of an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the offence is also guilty of the offence and is liable on summary conviction to the penalty for the offence provided for in this Act.

PART XI
APPEALS

Appeal only by leave

   33.  (1)  An order of the court made under this Act may be appealed to the Court of Appeal on a question of law with leave of a judge of the Court of Appeal.

Time for application for leave to appeal

   (2)  An application for leave to appeal shall be made within 14 days after the day the order is made or within such further time as a judge of the Court of Appeal may allow.

No appeal of decision re leave

   (3)  The decision of a judge on an application for leave to appeal is final and not subject to appeal.

No appeal of order under Part V

   (4)  Despite subsection (1), an order under Part V is final and not subject to appeal.

Part XII
GENERAL PROVISIONS AND REGULATIONS

Court must consider merits

   34.  Even if the respondent consents to an order or does not oppose an application or motion, the court shall not grant a community safety order to the Director or a complainant unless it is satisfied on the merits that the order should be made.

Effect of transfer of property during application

   35.  (1)  A person who transfers a legal or beneficial interest in property to a third party, or gives a right of occupancy of property to a third party, after being served with a notice of application or becoming aware of an application in respect of the property shall fully inform the third party about the application before completing the transfer or giving the right of occupancy.

Effect of transfer of property while order in effect

   (2)  A person who transfers a legal or beneficial interest in property to a third party, or gives a right of occupancy of property to a third party, while a community safety order in respect of the property is in effect or the property is closed under an order shall fully inform the third party about the order before completing the transfer or giving the right of occupancy.

Court order is binding on third party

   (3)  A third party who receives an interest in property that is the subject of an application 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 the third party.

Remedies not exclusive

   36.  The remedies created by this Act are in addition to any other remedy that exists at common law or by statute.

No personal liability

   37.  (1)  No action or other proceeding may be instituted against the Director or any person acting for or under the Director’s authority for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. 

Crown liability

   (2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject.

Priority over other Acts

   38.  Where there is a conflict between this Act and the Residential Tenancies Act, 2006, this Act prevails.

Act binds the Crown

   39.  This Act binds the Crown.

Peace officer to assist in posting or serving

   40.  (1)  A peace officer shall on request provide any assistance required by the Director or another person in posting or serving a community safety order.

Peace officers to assist in carrying out order

   (2)  All peace officers within Ontario shall, on request,

  (a)  do anything that may be necessary to carry out a community safety order; and

  (b)  when an order of possession has been made under paragraph 4 of subsection 10 (4) in favour of the respondent, do anything that may be necessary to assist the respondent to obtain vacant possession of the property.

Peace officers’ powers

   (3)  For the purposes of subsections (1) and (2), a peace officer has full power and authority,

  (a)  to enter the property in respect of which the order was made or onto any land on which any person required to be served with the order may be found; and

  (b)  when he or she is assisting a respondent to obtain vacant possession of property, to take possession of it without a writ of possession and deliver possession to the respondent.

Regulations

   41.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing any matter that this Act refers to as being prescribed in the regulations;

  (b)  respecting any other matter necessary or advisable to carry out the purposes of this Act.

part xiii
commencement and short title

Commencement

   42.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   43.  The short title of this Act is the Safer Communities and Neighbourhoods Act, 2010.

 

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

 

______________

 

 

 

EXPLANATORY NOTE

The Bill enacts the Safer Communities and Neighbourhoods Act, 2010.  It enables a municipality or board area to deal with complaints regarding properties that are habitually used for activities that have an adverse effect on a community or neighbourhood.

The Bill applies in single-tier municipalities, upper-tier municipalities and board areas if the council or local services board passes a by-law appointing a Director of Safer Communities and Neighbourhoods for the municipality or board area.  (See section 2.)  A person may make a complaint to the Director stating that the person believes that activities are taking place on or near a property in the municipality or board area, that the activities indicate that the property is being habitually used for a specified purpose and that the person’s community or neighbourhood is being adversely affected by the activities.  (See section 3.)

After receiving a complaint, the Director may take one or more of the steps set out in section 4, including investigating the complaint or applying to the court for a community safety order.  The Director is required to make a reasonable effort to resolve a complaint by agreement or informal action.  (See section 6.)

The Bill sets out the procedure for an application by the Director for a community safety order and the circumstances in which the court may make a community safety order.  The remedies available to the court include the following: an order that any or all persons vacate the property, an order terminating the tenancy agreement of any resident of the property, and an order that the Director close the property for up to 90 days. (See sections 9 and 10.)

If a property is subject to a community safety order, a resident of the property may make a motion asking the court for an order varying a portion of the order.  (See section 15.)  A complainant may make an application to the court for a community safety order in specified circumstances.  (See section 16.)

The Bill describes the powers of the Director with respect to the closure of a property and other aspects of the Director’s role.  (See sections 18 to 25.)  Other sections of the Bill deal with the confidentiality of complaints (see sections 26 and 27), offences and penalties (see sections 28 to 32), appeals (see section 33) and regulation-making powers (see section 41).

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