BILL NO. 2

(as introduced)

2nd Session, 59th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Private Member's Bill

Safer Communities and Neighbourhoods Act

Kevin Deveaux
Cole Harbour-Eastern Passage

First Reading: May 5, 2006

Second Reading:

Third Reading:

WHEREAS the people of Nova Scotia want their communities and neighbourhoods to be safe and peaceful places to live and want to protect their communities and neighbourhoods from disruptive activities;

AND WHEREAS activities incidental to certain uses of property disturb the lives of people in their communities and neighbourhoods, and the peace and safety of the communities and neighbourhoods themselves;

AND WHEREAS the Nova Scotia Legislature has the authority to pass laws aimed at suppressing nuisances by civil process, suppressing conditions that favour the development of crime, and promoting peaceful and safe communities and neighbourhoods;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Safer Communities and Neighbourhoods Act.

2 (1) In this Act,

(a) "building" means

(i) a structure of any kind or a part of a structure, including an apartment, suite, life lease rental unit, co-operative housing unit or condominium unit, and

(ii) a mobile home;

(c) "Court" means the Supreme Court of Nova Scotia;

(d) "Director" means the person appointed under the Civil Service Act as the Director for the purpose of this Act;

(e) "owner", in relation to property, has the meaning set out in the regulations;

(f) "person" includes an individual, corporation, co-operative, partnership, limited partnership or unincorporated organization of persons;

(g) "property" means

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

(ii) land on which no building is located;

(i) for the sale of liquor, as defined in the Liquor Control Act, without a licence issued under that Act,

(ii) for the 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,

(iii) for prostitution and activities related to prostitution,

(iv) for child sexual abuse or activities related to child sexual abuse, or

(v) for illegal gaming activities;

(2) For the purpose 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 peaceful enjoyment of one or more properties in the community or neighbourhood, whether the property is privately or publicly owned.

3 (1) A person who wishes an order to be made under this Act shall first make a complaint to the director stating that the person believes that

(a) his or her community or neighbourhood is being adversely affected by activities on or near a property in the community or neighbourhood; and

(b) the activities indicate that the property is being habitually used for a specified use.

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

4 (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 of the property or its occupant, or to anyone else the Director considers appropriate;

(d) attempt to resolve the complaint by agreement or informal action;

(e) apply for an order under Section 5;

(f) decide not to act on the complaint;

(g) take any other action that the Director considers appropriate.

(2) The decision to do any of the things referred to in subsection (1) or to stop doing any of them at any time is within the Director's discretion.

(3) The Director shall notify the complainant in writing if the Director decides not to act on a complaint or not to continue acting.

(4) The Director is not required to give reasons for the decision.

5 The Director may apply to the Court for a community safety order if the Director has received a complaint.

6 (1) Except as otherwise provided in this Act or the regulations, the Civil Procedure Rules apply to applications under this Act.

(2) The application must name the owner of the property as the respondent.

(3) The Court shall hear the application on an urgent basis.

(4) The factual allegations in the application may be different from those in the complaint.

7 (1) The Court may make a community safety order if it is satisfied that

(a) activities have been occurring on or near the property that give rise to a reasonable inference that it is being habitually used for a specified use; and

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

(2) Subject to subsection (3), the Court may include in a community safety order

(a) a provision requiring any or all persons to vacate the property on or before a date specified by the Court, and enjoining any or all of them from re-entering or re-occupying it;

(b) a provision terminating the tenancy agreement or lease of any tenant of the property on the date specified under clause (a);

(c) a provision requiring the Director to close the property from use and occupation on a specified date and keep it closed for up to ninety days; and

(d) any other provision that it considers necessary to make the order effective including, but not limited to, an order of possession in favour of the respondent.

(3) A community safety order must contain

(a) a provision describing the property and the activities in respect of which the order is made;

(b) a provision enjoining all persons from causing, contributing to, permitting or acquiescing in the activities, beginning on the day after the person is served with the order and continuing until the order ceases to be in effect;

(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 clause (2)(d); and

(d) a provision fixing the date on which the order ceases to be in effect.

(4) Before the date specified for closure under clause (2)(c), the respondent may, on motion, ask the Court to set aside the order requiring the property to be closed.

(5) The Court may set aside the order if it is satisfied that the activities have ceased and are not likely to resume.

(6) The Court may set aside or vary its order enjoining one or more persons from re-entering or re-occupying the property if it is satisfied that to do so is necessary to allow the property to be used again.

8 Where the Court is satisfied that the activities about which an application is made are a serious and immediate threat to the safety and 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 immediately and keep it closed for up to ninety days; and

(b) containing any other provision that the Court considers necessary to counter the threat or fairly give effect to its order under clause (a), including, but not limited to,

(i) a provision requiring any or all persons to vacate the property on or before a date specified by the Court and enjoining any or all of them from re-entering or re-occupying it,

(ii) a provision terminating the tenancy agreement or lease of any tenant of the property on the date specified under subclause (i).

9 (1) Where a community safety order is still in effect but the property is not subject to closure because

(a) the order did not contain a provision requiring it to be closed;

(b) the provision requiring it to be closed was set aside or varied; or

(c) the closure period has expired,

the Director may, on motion, again ask the court to make an order closing the property.

(2) The Court may order the Director to close the property from use and occupation on a specified date and keep it closed for up to ninety days if the Court is satisfied that

(a) activities have been occurring on or near the property that give rise to a reasonable inference that it is being habitually used for a specified use; and

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

(3) The Court may include in an order under this Section

(a) a provision requiring any or all persons to vacate the property on or before a date specified by the court and enjoining any or all of them from re-entering or re-occupying it;

(b) a provision terminating the tenancy agreement or lease of any tenant of the property on the date specified under clause (a); and

(c) any other provision that it considers necessary to make the order effective.

(4) The Director may ask the Court for an order under this Section more than once.

10 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.

11 The Court may limit a community safety order or an order under Section 9 to part of the property about which the application was made, or to particular persons.

12 (1) After a community safety order or an order under Section 9 is made, the Director shall without delay

(a) serve a copy of the order on the respondent; and

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

(2) When accompanied by a peace officer, the Director or someone on the Director's behalf may enter the property to post a copy of the order.

(3) After the respondent is served with a community safety order or an order under Section 9, the respondent shall without delay serve a copy of the order on every other person who is lawfully occupying the property or has a right to occupy it.

(4) Where the respondent fails to serve without delay any person who is required to be served, the Director may serve that person.

13 (1) In this Section, "resident" means an individual who has a right to occupy residential property as the individual's residence, or had a right to occupy it as the individual's residence when the individual was required by an order to vacate it, but who does not own the property.

(2) A resident may, on motion, apply to the Court for an order varying a provision in a community safety order made under Section 7, or an order under Section 9, that

(a) requires the resident and, where applicable, members of the resident's household to vacate residential property that is their residence and enjoins them from re-entering or re-occupying it;

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

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

(3) The resident shall make the application within fourteen days after the resident is served with the order.

(4) The Court may extend the time for making the application if it is satisfied that the extension is in the interests of justice.

(5) An application under this Section does not stay the operation of the order in respect of which it is made.

(6) The Court may make an order varying a community safety order or an order under Section 9 if it is satisfied that

(a) the applicant is a resident;

(b) neither the resident nor any member of the resident's household for whom the resident is seeking a variation caused or contributed to any of the activities in respect of which the order was made;

(c) no person who caused or contributed to any of the activities is still present at or occupying the property;

(d) the resident or a member of the resident's household for whom the resident is seeking a variation will suffer undue hardship if the order is not varied; and

(e) where the order was made under Section 9, neither the resident nor any member of the resident's household for whom the resident is seeking a variation was an occupant of the property when the community safety order was made.

(7) A variation order may contain any provision that the Court considers appropriate including, but not limited to,

(a) a provision fixing a later date for

(i) the resident's tenancy agreement to be terminated,

(ii) the resident and members of the resident's household to vacate the property, or

(iii) the Director to close the property;

(c) a provision setting aside the requirement to vacate or close the property;

(d) where the resident and members of the resident's household have already vacated the property, a provision authorizing them to re-enter and re-occupy it and, where applicable, requiring the respondent to allow the them to re-enter and re-occupy it;

(e) where the property has already been closed, a provision requiring the respondent to open it for the purpose of clause (d) and make it ready for occupation.

(8) The Court may, in addition to any other factor that it considers relevant, consider the following factors:

(a) whether the respondent will suffer undue hardship if the requested order is made;

(b) whether there is a tenancy agreement between the resident and the respondent, or whether there was when the resident was required to vacate the property;

(c) whether the respondent is opposed to the requested order, if the order would authorize a resident, who does not or did not have a tenancy agreement, to re-enter and re-occupy the property.

(9) The Court may make a variation order or a provision in a variation order subject to conditions.

14 (1) The complainant may apply to the Court for a community safety order if the complainant 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 any application already made to the court.

(2) The complainant shall file with the court the Director's written confirmation of the facts set out in clause (1)(a) or (b).

(3) The complainant's application must be made within two months after the date of the Director's written confirmation.

(4) Sections 6 and 7 and Sections 9 to 13 apply, with necessary modifications, to an application by a complainant, except that a community safety order or an order under Section 9 granted to a complainant shall order the Director, rather than the complainant, to close the property.

(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 do, any of the things set out in subsection 4(1); or

(b) abandoned an application.

15 (1) A complainant shall

(a) without delay after filing a notice of application for a community safety order, serve a copy on the Director;

(b) without delay after applying for an order under Section 9, notify the Director;

(c) without delay after a community safety order or order under Section 9 is signed, serve a copy on the Director; and

(d) without delay after an application or motion is dismissed, notify the Director.

(2) A document required to be served or notice required to be given under subsection (1) shall be served or given in accordance with the regulations.

16 (1) A complainant shall notify the Director in writing of any intention to abandon an application at least thirty days before taking any step to abandon it.

(2) A complainant shall not abandon an application unless the complainant files with the Court the Director's written confirmation that the Director does not intend to continue the application under Section 17.

17 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 the complainant consents to the continuation or is not actively pursuing the application.

18 Where the Director believes that a complainant's application for a community safety order or an order under Section 9 is frivolous or vexatious, or is not in the public interest, the Director may intervene in the application to request that it be dismissed.

19 (1) Where 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 Her Majesty in right of the Province.

(2) Costs ordered to be paid under subsection (1) must be paid without delay to the Minister of Finance.

20 Notwithstanding the fact that the respondent consents to an order or does not oppose an application or motion, the Court shall not grant a community safety order or an order under Section 9 to the Director or a complainant unless it is satisfied on the merits that the order should be made.

21 (1) An appeal of an order made by the Court may be taken only on a question of law and by leave of a judge of the Nova Scotia Court of Appeal.

(2) An application for leave to appeal must be made within fourteen days after the day the order is pronounced or within such further time as a judge may allow.

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

(4) An order under Section 13 is final and not subject to appeal.

22 No action or proceeding, other than an application under subsection 7(4) or Section 13 or an appeal permitted by Section 21, may be commenced or maintained to

(a) prevent the making of a community safety order or an order under Section 9;

(b) prevent a community safety order or an order under Section 9 from being carried out;

(c) set aside or vary a community safety order or an order under Section 9;

(d) have a community safety order or an order under Section 9 judicially reviewed; or

(e) obtain relief from forfeiture in respect of a tenancy agreement or lease that is ordered to be terminated.

23 (1) The Director has the authority to enter property without the consent of the owner or occupant to close it under an order and keep it closed.

(2) The Director may employ any tradespersons and workers that the Director considers necessary to safely and effectively close property and keep it closed.

(3) The Director may take any measures that the Director considers necessary to safely and effectively close property and keep it closed including, but not limited to,

(a) requesting any occupants still occupying the property and any other persons at the property to leave it immediately;

(b) attaching locks, hoarding and other security devices;

(c) erecting fences;

(d) changing or cutting off utility services; or

(e) making interior or exterior alterations to the property so that it is not a hazard while it is closed.

(4) The Director may, for any purpose that the Director considers appropriate, allow others access to property that is closed under an order.

(5) 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 it or keep it closed.

24 (1) When the Director is required to close a property, all occupants of the property and any other persons at the property shall leave it immediately upon request by the Director, even if they have not been previously served with the order that requires the Director to close the property.

(2) After leaving, no occupant or other person shall, while the property is closed, enter or occupy it without the Director's consent.

25 (1) The Director shall make a reasonable effort to determine whether occupants of residential 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, but not limited to,

(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.

(2) Subsection (1) does not apply to an occupant who the Director reasonably believes caused or contributed to any of the activities in respect of which the order that requires the occupants to leave was made.

26 (1) The respondent shall, on demand from the Director, pay to the Minister of Finance the costs of closing the property and keeping it closed, in the amount certified by the Director.

(2) An amount payable by the respondent under subsection (1) is a debt due to Her Majesty in right of the Province and may be recovered from the respondent in accordance with this Section.

(3) The Director may issue a certificate showing

(a) the name and address of a respondent who is liable to pay and has not paid a debt due to Her Majesty in right of the Province under subsection (2);

(b) the amount of the debt; and

(c) the Director's address for service,

and 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.

(4) A certificate issued under this Section may be filed in the Court and, when it is filed,

(a) the obligation to pay the amount certified is enforceable as if it were a judgment of the Court in favour of Her Majesty in right of the Province; and

(b) the certificate is deemed for the purpose of the Interest on Judgments Act to be a judgment debt

(i) incurred on the day the certificate is filed, and

(ii) on which post-judgment interest is payable under that Act.

27 (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 a person or a public body, as defined in the Freedom of Information and Protection of Privacy Act, about a person who owns or occupies property in respect of which an application under this Act may be made, including

(i) the person's name and address,

(ii) the whereabouts of the person, and

(iii) the name and address of the person's employer;

(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;

(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.

(2) When the Director requests information under clause (1)(a), (b) or (c)

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

(b) from a public body,

the person or public body shall provide the information and give the Director a copy of the document or record in which the information is contained, if applicable.

(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

(i) the person to serve or post a community safety order or an order under Section 9, or

(ii) the peace officer to accompany the person; or

28 Anything said, any information supplied, and any document or thing produced by a person during an investigation by the Director under this Act is privileged in the same manner as if it were said, supplied or produced in a proceeding in a court.

29 (1) The Director may delegate to any person on the Director's staff any responsibility or power under this Act.

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

30 The Director may consult with and work in co-operation with social service systems and other agencies and neighbourhood organizations or groups to promote and encourage the development of safe and peaceful communities.

31 Where the Director has reason to believe that there are children residing in a building in respect of which an application under this Act has been made, the Director shall notify without delay the appropriate agency under the Children and Family Services Act.

32 (1) No person, including the Director, shall, without the prior written consent of the complainant,

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

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

33 (1) The Director, and any person acting for or under the direction of 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 purpose of this Act; or

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

(2) 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.

34 A person who, without the director's consent, removes, defaces or interferes with a duly posted copy of

(a) a community safety order, or a notice the regulations require to be posted with the order, before the order ceases to be in effect; or

(b) an order under Section 9, or a notice the regulations require to be posted with the order, before the end of the period of closure,

is guilty of an offence and is liable on summary conviction to a fine of not more than two thousand five hundred dollars or to imprisonment for a term of not more than three months, or both.

35 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 five thousand dollars, or to imprisonment for a term of not more than six months, or both.

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

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

(3) Where a failure referred to in subsection (1) or a contravention referred to in subsection (2) continues for more than one day, the offender is guilty of a separate offence for each day that the failure or contravention continues.

(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 five hundred dollars for each day that the offence continues.

37 A person who contravenes subsection 39(1) or (2) is guilty of an offence and is liable on summary conviction to a fine of not more than twenty thousand dollars or to imprisonment for a term of not more than one year, or both.

38 Where 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.

39 (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.

(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.

(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.

40 The cause of action created by this Act is in addition to any other cause of action that exists at common law or by statute.

41 No person may commence or maintain an action or other proceeding against Her Majesty in right of the Province, the Director, any person acting for or under the direction of the director or any other person engaged in the administration of this Act for

(a) any act done in good faith, or any neglect or default, in the performance or intended performance of a responsibility or in the exercise or intended exercise of a power under this Act or the regulations; or

(b) compensation for any damage or injury caused by or during, or arising from, the closing of property or its being kept closed.

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

43 This Act binds Her Majesty in right of the Province.

44 (1) A peace officer shall on request provide any assistance required by the Director or another person in posting a community safety order or an order under Section 9, or in serving an order.

(2) All peace officers within the Province shall

(a) do anything that may be necessary to carry out a community safety order or an order under Section 9; and

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

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

(a) 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 the peace officer is assisting a respondent to obtain vacant possession of property, take possession of it without an order for possession and deliver possession to the respondent.

45 (1) The Governor in Council may make regulations

(a) defining "owner", in relation to property, for the purpose of subsection 2(1);

(b) respecting applications and the enforcement of orders;

(c) requiring notices to be served and posted in conjunction with community safety orders and orders under Section 9 and respecting the form and content of the notices;

(d) respecting service and posting of orders and notices under Section 12;

(e) respecting notices to the Director and service of documents on the Director under Section 15;

(f) respecting the manner of serving any other document or notice that is required to be served;

(g) respecting closing of property and keeping it closed, including authorizing the director to take specific actions in addition to those set out in subsection 23(3);

(h) respecting the costs of closing property and keeping it closed that a respondent may be required to pay under Section 26;

(i) defining any word or expression used but not defined in this Act;

(j) respecting any other matter necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.