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Safer Communities and Neighbourhoods Regulations

made under Section 67 of the

Safer Communities and Neighbourhoods Act

S.N.S. 2006, c. 6

O.I.C. 2006-580 (Dec. 21, 2006, effective Jan. 7, 2007), N.S. Reg. 237/2006

as amended to O.I.C. 2013-344 (September 25, 2013), N.S. Reg. 314/2013


Citation

1     These regulations may be cited as the Safer Communities and Neighbourhoods Regulations.


Definitions

2     (1)    In these regulations,

 

“Act” means the Safer Communities and Neighbourhoods Act;

 

“community safety order” means an order made by the Supreme Court of Nova Scotia under subsection 7(1) of the Act;

 

“cyberbullying prevention order” means an order made by the Supreme Court of Nova Scotia under Section 26F of the Act;

Definition added: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

“government enforcement agent” means a person employed by the Investigation Section, Public Safety and Security Division, Department of Justice, for the purpose of investigating complaints made under the Act;

Definition added: O.I.C. 2007-369, N.S. Reg. 323/2007; amended: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

“notice of objection” means a notice of objection served by a respondent on the Director under subsection 26I(1) of the Act;

Definition added: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

“order to close a property” means an order made by the Supreme Court of Nova Scotia under Section 9 of the Act.

Definition replaced: O.I.C. 2013-344, N.S. Reg. 314/2013.

Subsection 2(1) clause letters removed: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

       (2)    In the Act and these regulations, “owner”, in relation to property, means any of the following:

 

                (a)    any person who is shown in the records of a registry of deeds as a registered owner, or as a person who is entitled to be an owner or registered owner, of the property;

 

                (b)    a person shown as the owner of the property in the municipal assessment or tax roll records for it;

 

                (c)    a person who manages or receives rents from the property, whether on their own behalf or as agent or trustee for another person;

 

                (d)    a guardian under the Incompetent Persons Act, executor, administrator or trustee in whom the property or any estate or interest in the property vests.


Designation of Director

3     The Director of Public Safety, Investigation Section, Public Safety and Security Division, Department of Justice is designated for the purposes of clause 2(1)(d) of the Act as the Director for all of the Province.

Section 3 amended: O.I.C. 2013-344, N.S. Reg. 314/2013.


Government enforcement agent

3A  A government enforcement agent must comply with requirements established by the Director respecting clothing, uniforms, badges, equipment and firearms.

Section 3A added: O.I.C. 2007-369, N.S. Reg. 323/2007.


Serving and posting notice

4     (1)    A person who is required to serve another person with a community safety order or an order to close a property must also serve that person with a notice in the form set out in Schedule A.

Subsection 4(1) amended: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

       (2)    A notice that is served under subsection (1) must be served in the same manner as the order with which it is served.

 

       (3)    A person who is required to post a community safety order or an order to close a property must also post a notice in the form set out in Schedule A.

Subsection 4(3) amended: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

       (4)    A notice that must be posted under subsection (3) may be reproduced for posting on any material and in any size that the Director accepts, and may be posted in any manner that the Director accepts.


Serving order on respondent

5     (1)    A community safety order or an order to close a property to be served by the Director on a respondent under clause 12(1)(a) of the Act must be served by 1 of the following methods:

 

                (a)    personal service made

 

                         (i)     in the case of an individual, on the individual,

 

                         (ii)    in the case of a partnership, on any partner, or

 

                         (iii)   in the case of a corporation, on any officer or director of the corporation;

 

                (b)    registered mail addressed to the person to be served;

 

                (c)    substituted service in accordance with subsection (2).

Clause 5(1)(c) replaced: O.I.C. 2013-344, N.S. Reg. 314/2013.

Subsection 5(1) amended: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

       (2)    If it is impracticable for any reason for the Director to serve an order by 1 of the methods described in clauses (1)(a) and (b), the Director may serve the order by substituted service by publishing a copy of the order in 2 issues of a newspaper that has general circulation in the area where the property that is the subject of the order is located.

Subsection 5(2) added: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

       (3)    A community safety order or an order to close a property that is served by registered mail is deemed to have been served on the 7th day after the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of the person, the person did not receive the order or received it at a later date.

Subsection 5(2) renumbered 5(3) and amended: O.I.C. 2013-344, N.S. Reg. 314/2013.

 

       (4)    An order that is served by substituted service in accordance with subsection (2) is deemed to have been served on the date it is published in the newspaper for the 2nd time or on the 3rd day after the date it is posted on the property as required by clause 12(1)(b) of the Act, whichever is later.

Subsection 5(3) renumbered 5(4) and amended: O.I.C. 2013-344, N.S. Reg. 314/2013.


Serving order on lawful occupant

6     (1)    Except as provided in subsection (2), a copy of a community safety order or an order to close a property to be served under subsection 12(3) of the Act by the respondent on a person who is lawfully occupying or who has a right to occupy the property must be served by

 

                (a)    personal service on the person; or

 

                (b)    personal service on a person at the property who appears to be an adult.

 

       (2)    If it is impracticable to serve a copy of an order by 1 of the methods described in subsection (1) because of unreasonable expense, undue delay or risk of harm to the respondent who is attempting to serve the copy of the order, the respondent must notify the Director, who may, in accordance with subsection 12(4) of the Act, serve a copy of the order by

 

                (a)    1 of the methods described in subsection (1); or

 

                (b)    substituted service in accordance with subsection (3).

 

       (3)    If it is impracticable for any reason for the Director to serve a copy of order by 1 of the methods described in subsection (1), the Director may serve the order by substituted service by publishing a copy of the order in 2 issues of a newspaper that has general circulation in the area where the property that is the subject of the order is located.

Section 6 replaced: O.I.C. 2013-344, N.S. Reg. 314/2013.


Serving document on Director

7     A document that must be served or a notice that must be given to the Director under Section 15 of the Act may be served or given by

 

                (a)    personal service on the Director or a person authorized by the Director to receive documents and notices on the Director’s behalf; or

 

                (b)    any class of prepaid mail that provides the sender with an acknowledgment of receipt.


Costs of closing property

8     The costs of closing a property that the Director may require a respondent to pay under subsection 26(1) or 59(1) of the Act are any of the following expenses that are necessarily incurred to safely and effectively close the property and keep it closed for the period set out in the community safety order or the order to close a property under which the property is closed:

 

                (a)    the Director’s documented out-of-pocket closure expenses, including amounts paid to tradespersons and workers whose services the Director considered necessary;

 

                (b)    the Director’s personnel expenses for time spent by members of the Director’s staff on the closure, calculated at the hourly rates payable to them by the Province at the relevant times;

 

                (c)    mileage and other travel expenses paid to members of the Director’s staff by the Province in connection with the closure;

 

                (d)    legal fees and costs incurred by the Director in relation to all proceedings resulting in the closure of the property, whether the fees and costs are payable to government or non-government counsel.

Section 8 amended: O.I.C. 2013-344, N.S. Reg. 314/2013.


Serving cyberbullying prevention order

9     (1)    A cyberbullying prevention order to be served on a respondent under subsection 26H(1) of the Act must be served by the Director by 1 of the following methods:

 

                (a)    personal service in accordance with the Civil Procedure Rules made under the Judicature Act;

 

                (b)    substituted service in accordance with subsection (2).

 

       (2)    If it is impracticable for any reason for the Director to personally serve a respondent with a cyberbullying prevention order, the Director may serve the order by substituted service by serving it on a person who appears to be an adult and who

 

                (a)    resides with the respondent;

 

                (b)    is a member of the respondent’s family; or

 

                (c)    is able to bring the order to the respondent’s attention.

Section 9 added: O.I.C. 2013-344, N.S. Reg. 314/2013.


Notice of objection

10   (1)    A notice of objection must be in the form set out in Schedule B.

 

       (2)    Service of a notice of objection must be by

 

                (a)    personal service on the Director or a person authorized by the Director to receive documents and notices on the Director’s behalf; or

 

                (b)    any class of prepaid mail that provides the sender with an acknowledgment of receipt.

 

       (3)    The copy of the notice of objection and proof of service required to be filed with the Court by subsection 26I(2) of the Act must be accompanied by the form set out in Schedule C.

Section 10 added: O.I.C. 2013-344, N.S. Reg. 314/2013.


Storage and disposal of property

11   (1)    Storage by the Director of confiscated property as required by subsection 26X(3) of the Act must be in accordance with any applicable order of the Court, and the Director must make reasonable security arrangements against theft and destruction of the property.

 

       (2)    When a cyberbullying prevention order expires and there is no application for a new cyberbullying prevention order with respect to the same matter, the Director must make reasonable efforts to return any property confiscated under the order.

 

       (3)    Six months after a cyberbullying prevention order expires, the Director may destroy any property confiscated under the order that the Director has been unable to return.

Section 11 added: O.I.C. 2013-344, N.S. Reg. 314/2013.


Schedule A


Notice Accompanying a Community Safety Order


This notice is intended for

 

                (a)    the owner(s) of the property described in the Community Safety Order that is posted or served with this Notice,

 

                (b)    any person who is occupying the property, whether as a tenant or otherwise, and

 

                (c)    any person whose activities on or near the property may be causing or contributing to the activities described in the Community Safety Order.

 

1.    The Supreme Court of Nova Scotia (“the Court”) has made a Community Safety Order against this property under the Safer Communities and Neighbourhoods Act, S.N.S. 2006, c. 6.

 

2.    The Community Safety Order prohibits everyone from causing or contributing to any of the activities described in the Community Safety Order on this property.

 

The Community Safety Order requires the owner(s) of this property to do everything reasonably possible to prevent the activities from continuing or reoccurring.

 

3.    The Community Safety Order may also do the following:

 

                (a)    The Community Safety Order may require you and everyone living with you to vacate this property, either immediately or by a specific date, and not return.

(Safer Communities and Neighbourhoods Act, s. 7(2)(a))

 

If you have read the Order, and you aren’t sure if you have to vacate this property, please contact the Public Safety Section, Policing and Victim Services Division, Department of Justice, at (902) 424-2504.

 

                (b)    If you are a tenant of this property, the Community Safety Order may have terminated your lease or tenancy agreement, either immediately or on a specific date.

(Safer Communities and Neighbourhoods Act, s. 7(2)(b))

 

If you have read the Order, and you aren’t sure if your lease or tenancy agreement has been terminated, please contact the Public Safety Section, Policing and Victim Services Division, Department of Justice, at (902) 424-2504.

 

                (c)    The Community Safety Order may have ordered the Director of Public Safety to close this property, either immediately or on a specific date, and keep it closed for up to 90 days.

(Safer Communities and Neighbourhoods Act, s. 7(2)(c))

 

If you have read the Order, and you aren’t sure if the Director was ordered to close the property, please contact the Public Safety Section, Policing and Victim Services Division, Department of Justice, at (902) 424-2504.

 

4.    If you are an owner of this property, you must immediately serve a copy of the Community Safety Order and this Notice on every other person who is lawfully occupying the property or who has a right to occupy it.

 

You must serve the Order and this Notice by giving the Order and the Notice to the person occupying the property or to another person who is present at the property and appears to be an adult.

(Safer Communities and Neighbourhoods Act, s. 12(2); Safer Community and Neighbourhoods Regulations, s. 4(1))

 

5.    If you are an occupant of this property and the Community Safety Order

 

                (a)    requires you to vacate the property, or

 

                (b)    terminates your lease or tenancy agreement, or

 

                (c)    orders the Director of Public Safety to close this property,

 

you can apply to the Court to change the Order.

 

You must act quickly. You must apply to the Court within 14 days of the day you were served with the Order.

 

Even if you apply to the Court to change the Order, you must still obey the Order until the Court changes it.

(Safer Communities and Neighbourhoods Act, s. 13.)

 

6.    If you are an owner of this property and the Community Safety Order orders the Director of Public Safety to close the property, you can apply to the Court to set aside the part of the Order requiring the property to be closed.

 

You must act quickly. You must apply to the Court before the date the Director of Public Safety must close the property.

 

If the Director does have to close the property, you will have to pay the Director’s costs of closing the property.

(Safer Communities and Neighbourhoods Act, ss. 7(4) & 26(1))

 

7.    Police officers are authorized to assist in serving and enforcing a Community Safety Order.

(Safer Communities and Neighbourhoods Act, s. 66)

 

8.    If accompanied by a peace officer, the Director of Public Safety or a person acting on the Director’s behalf may enter this property to post the Community Safety Order and this Notice.

(Safer Communities and Neighbourhoods Act, s. 12(2))

 

9.    Offences:

                (a)    A person who removes a posted copy of a Community Safety Order, or a Notice posted with the Order, while the Order is still in effect can be fined up to $2500 or imprisoned for up to 3 months or both.

(Safer Communities and Neighbourhoods Act, s. 34)

 

                (b)    A person who, without the Director’s consent, enters a property that is closed can be fined up to $5000 or imprisoned for up to 6 months or both.

(Safer Communities and Neighbourhoods Act, s. 35)

 

                (c)    An owner of a property who fails to comply with a Community Safety Order can be fined up to $500 a day.

(Safer Communities and Neighbourhoods Act, ss. 36(1), (3) and (4))

 

                (d)    A person other than an owner who causes, contributes to, permits or acquiesces in activities described in the Order can be fined up to $500 a day.

(Safer Communities and Neighbourhoods Act, ss. 36(2), (3) and (4))

 

10.  If you are an owner of the property or a person occupying the property, and you do not comply with the Order after having been served with a copy of it, you could be charged with contempt of court. If you are found guilty of contempt of court, you could be fined or imprisoned.

 

11.  If you are a person causing or contributing to any of the activities described in the Community Safety Order on or near the property and you fail to comply with the Order after having been served with a copy of it, you could be charged with contempt of court. If you are found guilty of contempt of court, you could be fined or imprisoned.

 

12.  If you are an owner of the property or a person lawfully occupying or with a right to occupy the property, the Community Safety Order will be served on you with this Notice.

 

The Community Safety Order is also posted on the property.


If you have any questions about this Notice or the Community Safety Order, please contact the Public Safety Section, Policing and Victim Services Division, Department of Justice, at (902) 424-2504.

 ________________________________________________________________ 

Schedule B


Notice of Objection

(Section 26I of the Safer Communities and Neighbourhoods Act)

 

TO:         Director, Public Safety Investigative Section, Public Safety and Security Division, Department of Justice

 

RE:         Notice of objection by respondent to cyberbullying prevention order dated                                   , 20

 

1.    This is to notify you that I, the respondent, am objecting to the cyberbullying prevention order made on                                   , 20 .

 

A copy of the cyberbullying prevention order is attached.

 

2.    The reason(s) for my objection is/are: (state reasons concisely and use additional pages if necessary)




(If a lawyer is representing you for the purpose of this objection, complete item 3.)

3.    I have a lawyer for the purpose of this objection.

 

My lawyer’s name is

 

Contact information:



Signature of respondent

____________________________

Date


Print name

 

Schedule B added: O.I.C. 2013-344, N.S. Reg. 314/2013.

 ________________________________________________________________ 

Schedule C


Copy of Notice of Objection and Proof of Service

(Section 26I of the Safer Communities and Neighbourhoods Act)


 

20                                                                                                                   No.                     


SUPREME COURT OF NOVA SCOTIA


BETWEEN:

 

Director, Public Safety Investigative Section,

Public Safety and Security Division,

Department of Justice

 

Applicant

 

- and -

 

(name of Respondent)

 

                                                                                       Respondent 



Respondent objects

The respondent is objecting to the cyberbullying prevention order made on , 20 .


A copy of the cyberbullying prevention order is attached.


A copy of the notice of objection served on the Director on , 20 and proof of service on the Director are attached.


Signature



Signature of respondent

____________________________

Date


Print name

 


(or, if the respondent is represented by a lawyer for the purpose of the objection)



Signature of counsel

____________________________

Date

(name) as counsel for (name of respondent)

 



Prothonotary’s certificate

I certify that this form and the documents attached to it were filed with the court on

                               , 20 .

 

 

Prothonotary



(Attach copy of cyberbullying prevention order, notice of objection to the Director, and proof of service on the Director.)

Schedule C added: O.I.C. 2013-344, N.S. Reg. 314/2013.