BILL 12 — 2013
COMMUNITY SAFETY ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 – Interpretation Definitions
1 In this Act:
"building" means a structure or a part of a structure and includes, without limitation,
(a) an apartment,
(b) a unit in a housing cooperative,
(c) a strata lot under the Strata Property Act,
(d) a manufactured home, or
(e) a structure or a part of a structure used for commercial purposes;
"community safety order" means a community safety order made under section 12 [authority of court to make community safety order];
"complainant" means a person who makes a complaint under section 6 [complaints];
"court" means the Supreme Court;
"director" means the director of community safety designated under section 3 [designation of director];
"gang" means a group of individuals who associate with each other for criminal or other unlawful purposes;
"intoxicating substance" means any of the following:
(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) aerosol disinfectants and other aerosol products containing ethyl alcohol;
(e) any other product or substance or class of product or substance prescribed by regulation;
"investigator" means a person designated as an investigator under section 4 (1) [investigators];
"named owner", in relation to a property, means an owner of the property who is named under section 9 (2) [application by director for community safety order] or 10 (2) (c) [application by complainant for community safety order] as a party to the proceeding in which an application or order is made under Part 3 of this Act;
"owner", in relation to a property, means one or more of the following:
(a) a registered owner of an estate in fee simple in the property, including the registered owner of a life estate;
(b) a holder of a registered agreement for sale and purchase of the property;
(c) a lessee under a registered lease of the property, if the lease has a term longer than 20 years;
(d) a person who manages the property, whether on the person's own behalf or as agent or trustee for another person;
(e) any other person, or persons within a class of persons, prescribed by regulation;
"property" means
(a) a building and the land on which the building is located, or
(b) land on which no building is located;
"registered" means registered under the Land Title Act;
"specified use", in relation to a property, means the use of the property for one or more of the following:
(a) the possession, growth, production, 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;
(b) prostitution or activities related to prostitution;
(c) the manufacture, import, purchase, sale, transport, giving, possession, storage, consumption or use of liquor, as defined in the Liquor Control and Licensing Act, in contravention of that Act;
(d) the use or consumption, by any person, of an intoxicating substance as an intoxicant, or the sale, transfer or exchange of an intoxicating substance if there is a reasonable basis to believe that the recipient will
(i) use or consume the intoxicating substance as an intoxicant, or
(ii) cause or permit the intoxicating substance to be used or consumed as an intoxicant;
(e) child sexual abuse or activities related to child sexual abuse;
(f) 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, 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 a regulation made under that Act;
(g) the commission or promotion of a criminal organization offence, as defined in the Criminal Code;
(h) the accommodation, aid, assistance or support of any nature of
(i) a gang, or
(ii) a criminal organization, as defined in the Criminal Code;
(i) any other activity or use prescribed by regulation;
"tenancy agreement" has the same meaning as in the Residential Tenancy Act or the Manufactured Home Park Tenancy Act. Meaning of adversely affected
2 For the purposes of this Act, a community or neighbourhood is adversely affected by activities if the activities
(a) adversely 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 of the properties in the community or neighbourhood.
Part 2 – Director of Community Safety Designation of director
3 (1) The minister may designate as the director of community safety a person who is appointed under the Public Service Act.
(2) The director may delegate to a person or class of persons appointed under the Public Service Act any of the director's powers or duties under this Act.
(3) A delegation under subsection (2) must be in writing and may include any terms and conditions the director considers advisable. Investigators
4 (1) The director may designate as investigators persons who are appointed under the Public Service Act.
(2) An investigator is a peace officer for the following purposes:
(a) investigating or attempting to resolve complaints under Part 3;
(b) giving, serving or posting documents under this Act;
(c) closing, monitoring or securing a property under section 24 [director's powers respecting property closure]. Director not compellable
5 (1) Subject to subsection (2), the director, or any person acting for or under the direction of the director, is not compellable in a court or in any other proceeding
(a) to give evidence about information obtained by or on behalf of the director for the purposes of this Act, or
(b) to produce any document or thing obtained by or on behalf of the director for the purposes of this Act.
(2) Subsection (1) does not apply to
(a) a criminal proceeding, or
(b) a proceeding under this Act, if the director is a party to the proceeding.
Part 3 – Community Safety Orders
Division 1 – Complaints Complaints
6 (1) A person may make a complaint to the director if the person believes that
(a) activities occurring in, on or near a property in the person's community or neighbourhood indicate that the property is being used for a specified use, and
(b) the community or neighbourhood is being adversely affected by the activities.
(2) A complaint made under subsection (1) must
(a) be made in a form and manner acceptable to the director, and
(b) include information that the director may require. Director's actions after receiving complaint
7 (1) After receiving a complaint under section 6, the director may decide not to act on the complaint or may do one or more of the following:
(a) require the complainant to provide further information;
(b) investigate the complaint;
(c) send a warning letter to
(i) an owner of the property,
(ii) an occupant of the property, or
(iii) any other person the director considers appropriate;
(d) attempt to resolve the complaint by agreement or informal action;
(e) apply to the court under section 9 [application by director for community safety order] for a community safety order.
(2) The director is not required to give reasons for any decision made or any action taken or not taken under subsection (1).
(3) The director must notify the complainant in writing if the director decides under subsection (1)
(a) not to act on the complainant's complaint, or
(b) after taking some action under subsection (1) (a) to (d), not to apply to the court for a community safety order in respect of the complainant's complaint. Complaint confidential
8 (1) A person must not, without first obtaining the written consent of a complainant,
(a) disclose to another person the identity of the complainant or any information by which the complainant may be identified, or
(b) disclose, provide access to or produce to another person, or to a court, public body or law enforcement agency, the complainant's complaint, or another document or thing by which the complainant may be identified, without first severing any information by which the complainant may be identified.
(2) Subsection (1) applies despite the Freedom of Information and Protection of Privacy Act.
(3) Subsection (1) does not apply with respect to a complainant whose identity is made public by making an application under section 10 [application by complainant for community safety order].
Division 2 – Community Safety Order Application by director for community safety order
9 (1) The director may apply to the court for a community safety order respecting a property.
(2) In a proceeding under this section, the director must name as a party an owner of the property.
(3) The director must serve a copy of an application made under this section on the named owner and, unless the court otherwise orders, the director is not required to serve a copy of the application on any other person.
(4) The factual allegations in an application made under this section may be different from the allegations in the complaint to which the application relates.
(5) The director must notify the complainant in writing if the director discontinues an application made under this section. Application by complainant for community safety order
10 (1) Subject to subsection (2), a complainant may apply to the court for a community safety order respecting a property if the director decides
(a) not to act on the complainant's complaint,
(b) not to apply for a community safety order in respect of the complainant's complaint, or
(c) to discontinue an application made under section 9 in respect of the complainant's complaint.
(2) An application made by a complainant under this section must
(a) be made within 60 days after the director gives notice to the complainant under section 7 (3) [director's actions after receiving complaint] or 9 (5),
(b) include a copy of the director's notice referred to in paragraph (a) of this subsection, and
(c) name as a party to the proceeding an owner of the property.
(3) The complainant must serve a copy of an application made under this section on the director and the named owner and, unless the court otherwise orders, the complainant is not required to serve a copy of the application on any other person.
(4) Section 9 (4) applies to an application made under this section. Discontinuation of application by complainant
11 (1) A complainant may not discontinue an application made under section 10 [application by complainant for community safety order] unless the complainant first gives written notice to the director that the complainant intends to discontinue the application.
(2) Within 10 days after the director receives notice under subsection (1), the director may
(a) apply to the court for an order that the complainant's application for a community safety order be continued in the director's name, or
(b) give written notice to the complainant that the director does not intend to make an application under paragraph (a) of this subsection.
(3) A complainant who gives notice to the director under subsection (1) may proceed to discontinue the application only if
(a) after the 10-day period referred to in subsection (2), the director has not made an application referred to in paragraph (a) of that subsection, or
(b) the director gives notice under subsection (2) (b). Authority of court to make community safety order
12 (1) On application under this Act, the court may make a community safety order respecting a property if the court is satisfied, on a balance of probabilities, that
(a) activities that have been occurring in, on or near the property indicate that the property is being habitually used for a specified use, and
(b) the community or neighbourhood is being adversely affected by the activities.
(2) In addition to the court's authority under subsection (1), the court may make a community safety order if the court is satisfied, on a balance of probabilities, that the activities in respect of which the application is made are a serious and immediate threat to the health, safety and security of an occupant of the property or a person in the community or neighbourhood.
(3) In deciding whether to make a community safety order on application by a complainant under section 10 [application by complainant for community safety order], the court may not draw an adverse inference from the fact that
(a) the director decided under section 7 [director's actions after receiving complaint]
(i) not to act on the complainant's complaint, or
(ii) not to apply for a community safety order in respect of the complaint, or
(b) the director discontinued an application made under section 9 [application by director for community safety order] in respect of the complaint. Mandatory provisions of community safety order
13 A community safety order respecting a property must do all of the following:
(a) set out the address and legal description of the property;
(b) describe the activities in respect of which the community safety order is made;
(c) prohibit all persons from carrying out, contributing to or permitting the activities in or on the property;
(d) require the named owner or another owner, or both, to do everything reasonably possible to prevent the activities from continuing or reoccurring, including doing anything specifically ordered by the court under section 14 (2) (g) [optional provisions of community safety order];
(e) specify the date on which the community safety order ceases to be in effect. Optional provisions of community safety order
14 (1) In this section, "landlord" means a landlord as defined in the Residential Tenancy Act or the Manufactured Home Park Tenancy Act.
(2) A community safety order respecting a property may do any of the following:
(a) require a person to vacate the property on or before the date specified in the community safety order;
(b) prohibit a person from
(i) entering the property without the director's consent under section 22 (3) [requirement to comply with community safety order], or
(ii) occupying the property;
(c) in respect of a tenancy agreement or a lease, other than a lease of residential property for a term longer than 20 years,
(i) terminate the tenancy agreement or lease of a tenant of the property,
(ii) specify the date of termination, which must be later than 21 days after the community safety order is made, and
(iii) give an order of possession in favour of an owner or landlord under the tenancy agreement or lease and specify the date on which the owner or landlord may take possession of the property;
(d) require the director to
(i) close the property from use and occupation on a specified date, and
(ii) keep the property closed for up to 90 days;
(e) limit the application of one or more provisions in this section to
(i) a part of the property, or
(ii) a particular person;
(f) include an order for the purposes of section 24 (4) or (5);
(g) include any other provision the court considers necessary to make the community safety order effective.
(3) In deciding whether to make a community safety order that includes anything referred to in subsection (2), the court must take into account
(a) the extent, if any, to which an owner acquiesced in or contributed to the activities in respect of which the order is made,
(b) the impact of the activities on the community or neighbourhood, and
(c) the impact that including anything referred to in subsection (2) may have on an owner or occupant of the property. Service of community safety order
15 (1) If, on application by the director under section 9 [application by director for community safety order], the court makes a community safety order respecting a property, the director must, without delay, serve a copy of the community safety order on
(a) the named owner, and
(b) the occupants of the property.
(2) In serving a copy of a community safety order under subsection (1), the director must include written notice of
(a) the applications that may be made under sections 17 [variation on application by director or complainant] and 18 [variation on application by owner or occupants] to vary or set aside the community safety order,
(b) the right under section 20 [appeals] to appeal an order or decision to which that section applies, and
(c) the notation under section 27 [notation against title to property] that may be made against the title to land that is subject to a community safety order.
(3) If, on application by a complainant under section 10 [application by complainant for community safety order], the court makes a community safety order respecting a property, the complainant must, without delay, serve a copy of the community safety order on
(a) the director,
(b) the named owner, and
(c) the occupants of the property.
(4) After being served under subsection (3) with a community safety order respecting a property, the director must, without delay, give written notice of the matters set out in subsection (2) to
(a) the complainant,
(b) the named owner, and
(c) the occupants of the property.
(5) The director must, without delay, post a copy of a community safety order in a conspicuous place on or near the property in respect of which the community safety order is made.
Division 3 – Variations, Appeals and Compliance Definitions
16 In this Division:
"occupant", in relation to a property that is subject to a community safety order, means a person, other than an owner,
(a) who has the right to occupy the property, or
(b) who had a right to occupy the property but is required by the community safety order to vacate the property;
"optional provision" means a provision referred to in section 14 (2) [optional provisions of community safety order]. Variation on application by director or complainant
17 (1) The court may by order vary or set aside a community safety order
(a) on application by the director, or
(b) on application by the complainant, if the community safety order was made on application by the complainant.
(2) In making an order under this section varying a community safety order, the court may do the following:
(a) vary a provision referred to in section 13 [mandatory provisions of community safety order];
(b) subject to subsection (3) of this section, vary, add or set aside an optional provision.
(3) In making an order under this section, the court may not reinstate a tenancy agreement or lease if the termination date specified in the community safety order has already passed. Variation on application by owner or occupant
18 (1) If a property is subject to a community safety order that includes a provision requiring the director to close the property, the named owner may, before the closure date specified in the community safety order, apply to the court to vary or set aside the closure provision.
(2) Subject to subsection (3), if a property is subject to a community safety order that includes an optional provision, an occupant of the property may apply to the court to vary or set aside the optional provision.
(3) Unless the court gives an extension under subsection (4) (a), an application by an occupant under subsection (2) must be made within 14 days after the community safety order is served on the occupant.
(4) The court, if satisfied that it is in the interests of justice, may do one or both of the following in respect of an application by an occupant under subsection (2):
(a) extend the time for making the application;
(b) if the application is in respect of a provision terminating the applicant's tenancy agreement or lease and the date for termination has not already passed, extend the termination date pending the outcome of the application.
(5) In making an order under this section varying or setting aside an optional provision, the court may, subject to subsection (6), vary, set aside or add any other optional provisions that the court considers necessary to make the order effective.
(6) In making an order under this section, the court may not reinstate a tenancy agreement or lease if the termination date specified in the community safety order has already passed. Service of variation applications and orders
19 (1) A person who applies under section 17 or 18 to vary or set aside a community safety order respecting a property must, without delay, serve a copy of the application on each of the following persons, if the applicant is not that person:
(a) the named owner;
(b) each person, other than the named owner, who is a party to the proceeding in which the community safety order was made;
(c) the director and each occupant of the property, if the director or occupant is not a party to the proceeding referred to in paragraph (b).
(2) Unless the court otherwise orders, an applicant under section 17 or 18 is not required to serve the application on any person other than the applicable persons who are required to be served under subsection (1) of this section.
(3) An applicant under section 17 or 18, must, without delay, serve a copy of an order made under that section on the applicable persons referred to in subsection (1) of this section.
(4) If a community safety order is varied by order under section 17 or 18, the director must, without delay, post a copy of the variation order in a conspicuous place on or near the property in respect of which the variation order is made. Appeals
20 (1) This section applies to the following:
(a) a refusal by the court to make a community safety order;
(b) a community safety order;
(c) a refusal by the court under section 17 [variation on application by director or complainant] to vary or set aside a community safety order;
(d) an order under section 17 varying or setting aside a community safety order;
(e) a refusal by the court under section 18 [variation on application by owner or occupant] to vary or set aside an optional provision of a community safety order;
(f) an order under section 18 varying or setting aside an optional provision of a community safety order or adding an optional provision to a community safety order.
(2) An order or decision to which this section applies may be appealed to the Court of Appeal
(a) on a question of law, and
(b) with leave of a justice of the Court of Appeal. Limitation on other proceedings for relief from forfeiture
21 No action or proceeding may be commenced or maintained under the Law and Equity Act to obtain relief from forfeiture with respect to a tenancy agreement or lease that is ordered to be terminated under a community safety order.
Requirement to comply with community safety order
22 (1) A person must comply with a community safety order.
(2) A person must not
(a) remove, without the director's consent, a posted copy of a community safety order while the order is in effect,
(b) deface a posted copy of a community safety order while the community safety order is in effect, or
(c) enter, without the director's consent, a property that is closed under a community safety order.
(3) The director may give a consent for the purposes of subsection (2) (a) or (c) and may attach terms and conditions to the consent.
(4) A person must comply with the terms and conditions of a consent given by the director under subsection (3).
(5) If, after being served with an application or becoming aware of an application for a community safety order with respect to a property, a person intends to
(a) transfer an interest in the property to another person, or
(b) give a right of occupancy of the property to another person,
the person must inform the other person about the application before completing the transfer or giving the right of occupancy.
(6) If a community safety order with respect to a property is in effect, a person who intends to
(a) transfer an interest in the property to another person, or
(b) give a right of occupancy of the property to another person,
must inform the other person about the community safety order before completing the transfer or giving the right of occupancy.
(7) If
(a) a person becomes an owner of a property after a community safety order is made in respect of the property, and
(b) the community safety order is in effect,
the community safety order applies to the person as if the person were an owner when the community safety order was made.
Part 4 – Administration and Enforcement
Division 1 – Administration
Director's powers respecting posting documents
23 If a property is subject to a community safety order, the director may enter the property, without the consent of an owner and the occupants of the property, for the purposes of
(a) posting a copy of the community safety order under section 15 (5) [posting community safety order], or
(b) posting a copy of a variation order under section 19 (4) [posting variation order]. Director's powers respecting property closure
24 (1) If a provision of a community safety order requiring the director to close a property is in effect, the director may enter the property, without the consent of an owner and the occupants of the property, to
(a) secure the closure of the property, and
(b) monitor the property after closure.
(2) The director may employ any persons that the director considers necessary to secure the closure of and monitor a property under subsection (1).
(3) The director may take any measures that the director considers necessary to safely and effectively secure the closure of and monitor a property under subsection (1), including, without limitation, any or all of the following:
(a) attaching locks, hoarding or other security devices;
(b) erecting fences;
(c) changing or terminating utility services;
(d) making interior or exterior alterations to the property so that it is not a hazard while it is closed.
(4) If a property is or was subject to a provision of a community safety order requiring the director to keep the property closed, the director is not responsible, unless the court otherwise orders, for taking any measures to re-open the property, including, without limitation, removing any of the things referred to in subsection (3) or reversing anything done under that subsection.
(5) Unless the court otherwise orders, the director is not liable for the costs incurred by another person in taking a measure described in subsection (4). Closure costs
25 (1) If a property is closed under a community safety order, the director may issue to an owner of the property a certificate that sets out
(a) the amount of the costs incurred by the director in
(i) closing, securing and monitoring the property and keeping the property closed under the community safety order, and
(ii) taking a measure referred to in section 24 (4), if the court has ordered under section 14 (2) (f) [optional provisions of community safety order] that the director is not liable for the cost of taking the measure,
(b) the name and address of the owner from whom the costs are recoverable, and
(c) the director's address for service.
(2) On receiving a certificate under subsection (1), the owner must pay to the Minister of Finance the amount of the costs payable under the certificate.
(3) The amount payable under a certificate issued under subsection (1) must be paid
(a) within 30 days after the certified is issued, or
(b) if the certificate is reviewed by a master or registrar under section 26, on the conclusion of the review, unless the master or registrar otherwise orders.
(4) An amount payable under a certificate issued under subsection (1) is a debt due and owing to the government.
(5) The director may file with the court a certificate issued under subsection (1) if the owner named in the certificate
(a) does not make an application under section 26 (1) within the 14-day period referred to in that section, and
(b) does not pay the amount of the costs payable under the certificate within the 30-day period referred to in subsection (3) (a) of this section.
(6) A certificate filed under subsection (5) has the same effect and is enforceable in the same manner as if it were a judgment of the court in favour of the government for the recovery of a debt in the amount specified in the certificate. Review of closure costs
26 (1) An owner to whom a certificate is issued under section 25 may, within 14 days after receiving the certificate, apply to a master or registrar of the court to review the certificate under the Supreme Court Civil Rules as if the certificate were a bill of costs.
(2) An application under subsection (1) must be served on the director, and the director is entitled to appear and make submissions at the review.
(3) On application by an owner under subsection (1), a master or registrar of the court must review the costs and may
(a) confirm the costs, or
(b) vary the costs if the master or registrar considers that the costs are unreasonable or are not related to the costs referred to in section 25 (1) (a).
(4) The director may file with the court a certificate that is reviewed under this section if,
(a) on conclusion of the review, or
(b) within the time ordered by the master or registrar, if applicable,
the owner named in the certificate does not pay the amount of the costs payable under the certificate.
(5) A certificate filed under subsection (4) has the same effect and is enforceable in the same manner as if it were a judgment of the court in favour of the government for the recovery of a debt in the amount specified in the certificate. Notation against title to property
27 (1) In this section:
"community safety order" includes an order varying or confirming a community safety order;
"registrar" means the registrar under the Land Title Act for the land title district in which property specified in a community safety order is located.
(2) If land is subject to a community safety order, the director may file in the land title office a written notice containing
(a) a description of the land sufficient for the registrar to identify the land in the records of the land title office, and
(b) a statement that a community safety order that affects the land has been issued under this Act.
(3) If a notice is filed under subsection (2), the registrar must make a notation of the filing against the title to the affected land.
(4) In the event of any omission, mistake or misfeasance by the registrar or the registrar's staff in relation to the making of a notation under subsection (3),
(a) neither the registrar, nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously, and
(b) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 [Land Title and Survey Authority Assurance Fund] of the Land Title Act.
(5) If
(a) a notation is made under subsection (3), and
(b) the director is satisfied that the community safety order is no longer in effect,
the director must deliver, without delay, a notice to that effect to the registrar, and the registrar must cancel the notation made under that subsection.
Division 2 – Offences and Penalties Offence Act
28 Section 5 of the Offence Act does not apply to this Act.
Offences
29 (1) A person who contravenes any of the following commits an offence:
(a) section 8 (1) [complaint confidential];
(b) section 22 (1), (2), (4), (5) or (6) [requirement to comply with community safety order];
(c) subsection (2) of this section.
(2) A person must not do any of the following:
(a) provide false or misleading information when required under this Act to provide information to a person acting under this Act;
(b) refuse or fail to provide information as required under this Act;
(c) obstruct, hinder or otherwise interfere with the exercise of the director's powers under section 15 (5) [posting community safety order], 19 (4) [posting variation order], 23 [director's powers respecting posting documents] or 24 [director's powers respecting property closure].
(3) A person does not commit an offence under subsection (2) (a) if, at the time the information was provided, the person did not know that the information was false or misleading and, with the exercise of reasonable diligence, could not have known that the information was false or misleading.
(4) If an offence continues for more than one day, the offender is liable to a separate penalty, without notice and without a separate count being laid, for each day that the contravention occurs.
(5) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.
(6) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that the offence was committed by an employee, officer, director or agent of the defendant, whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence.
(7) Subsection (6) does not apply if the defendant establishes that the defendant exercised due diligence to prevent the commission of the offence. Penalties
30 (1) An individual who contravenes a provision referred to in section 29 (1) is liable,
(a) on a first conviction, to a fine of not more than $10 000, to imprisonment for not more than 6 months, or to both, and
(b) on a subsequent conviction for contravention of the same or another provision, to a fine of not more than $25 000, to imprisonment for not more than one year, or to both.
(2) A corporation that contravenes a provision referred to in section 29 (1) is liable,
(a) on a first conviction, to a fine of not more than $25 000, and
(b) on a subsequent conviction for contravention of the same or another provision, to a fine of not more than $100 000. Limitation period
31 (1) The time limit for laying an information to commence a prosecution for an offence under this Act is
(a) 2 years after the date on which the act or omission that is alleged to constitute the offence occurred, or
(b) if the director issues a certificate described in subsection (2), 2 years after the date on which the director learned of the act or omission referred to in paragraph (a) of this subsection.
(2) A certificate purporting to have been issued by the director certifying the date referred to in subsection (1) (b) is proof of that date.
Part 5 – General Giving and serving documents
32 (1) All documents that are required or permitted under this Act to be given or served on a person must be given or served by a method prescribed by regulation.
(2) A document given or served by a prescribed method is deemed to be received as prescribed by regulation. Collection, use and disclosure of information
33 (1) In this section, "public body" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
(2) The director may collect, use and disclose information, including personal information, as set out in this section, but the information may only be collected, used or disclosed in carrying out an investigation or for another purpose under this Act.
(3) The director may collect from a person or public body information about a person who owns, occupies or uses a property that is subject to a complaint, investigation, application or order under this Act.
(4) Without limiting subsection (3), the director may collect the following information under that subsection:
(a) a person's name and address;
(b) the whereabouts of a person;
(c) a person's place of employment.
(5) The director may collect from a person or public body information about a property that is subject to a complaint, investigation, application or order under this Act, including, without limitation, information about
(a) the ownership of the property, and
(b) the occurrence of activities in respect of the property.
(6) A person or public body from which the director requests information under subsections (3) to (5) is authorized to provide the information to the director.
(7) The director may make and maintain records of any information obtained under subsections (3) to (6).
(8) For the purposes of this Act, the director may disclose to a person or public body
(a) any information obtained under subsections (3) to (6), and
(b) any records made under subsection (7). Personal liability protection for protected persons
34 (1) In this section, "protected person" means the following:
(a) the director;
(b) an investigator;
(c) an employee or other person acting on behalf of or under the direction of the director.
(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected person because of anything done or omitted
(a) in the performance or intended performance of any duty under this Act, or
(b) in the exercise or intended exercise of any power under this Act.
(3) Subsection (2) does not apply to a protected person in relation to anything done or omitted by that person in bad faith.
(4) Subsection (2) does not absolve the government from vicarious liability arising out of anything done or omitted by a protected person for which the government would be vicariously liable if this section were not in force. Regulations
35 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing products or substances or classes of products or substances for the purpose of paragraph (e) of the definition of "intoxicating substance" in section 1 [definitions];
(b) prescribing persons or classes of persons for the purpose of paragraph (e) of the definition of "owner" in section 1;
(c) prescribing activities or uses for the purpose of paragraph (i) of the definition of "specified use" in section 1;
(d) for the purpose of section 32 [giving and serving documents],
(i) prescribing methods of giving or serving documents, and
(ii) prescribing when documents given or served by a prescribed method are deemed to be received;
(e) defining a word or expression used but not defined in this Act;
(f) respecting any other matter for which regulations are contemplated by this Act.
(3) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) make different regulations for
(i) different circumstances, or
(ii) different classes of persons, documents or property;
(b) delegate a matter to a person;
(c) confer a discretion on a person. Consequential Amendments
Manufactured Home Park Tenancy Act
36 Section 1 of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended by adding the following definition:
"community safety order" means a community safety order made under the Community Safety Act; .
37 Section 23 is amended by adding the following paragraph:
(c.1) the landlord has consent from the director of community safety under the Community Safety Act authorizing the entry; .
38 The following section is added to Division 4 of Part 2: Application
28.1 This Division does not apply to a tenancy agreement that is terminated under a community safety order.
39 Section 37 (1) is amended by adding the following paragraph:
(e.1) the tenancy agreement is terminated under a community safety order; .
40 Section 40 (1) (j) is amended by striking out "to comply with an order" and substituting "to comply with a community safety order or an order".
41 Section 51 (1) is amended by adding the following paragraph:
(c) rights and obligations under the terms of a tenancy agreement that is subject to a community safety order.
42 Section 55 is amended by adding the following subsection:
(1.1) The director may not make a determination under subsection (1) that has the effect of altering a provision of a community safety order.
43 Section 86 is amended by striking out "Despite any other enactment," and substituting "Despite any other enactment except the Community Safety Act,".
44 Section 89 (2) is amended by adding the following paragraph:
(h.1) respecting the matters referred to in Division 4 of Part 2 in respect of a tenancy agreement that is terminated under a community safety order; .
Residential Tenancy Act
45 Section 1 of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by adding the following definition:
"community safety order" means a community safety order made under the Community Safety Act; .
46 Section 29 (1) is amended by adding the following paragraph:
(d.1) the landlord has consent from the director of community safety under the Community Safety Act authorizing the entry; .
47 The following section is added to Division 5 of Part 2: Application
34.1 This Division does not apply to a tenancy agreement that is terminated under a community safety order.
48 Section 44 (1) is amended
(a) in paragraph (d) by adding ", unless the tenant vacates the rental unit to comply with a community safety order" after "the rental unit", and
(b) by adding the following paragraph:
(e.1) the tenancy agreement is terminated under a community safety order; .
49 Section 47 (1) (k) is amended by striking out "to comply with an order" and substituting "to comply with a community safety order or an order".
50 Section 58 (1) is amended by adding the following paragraph:
(c) rights and obligations under the terms of a tenancy agreement that is subject to a community safety order.
51 Section 62 is amended by adding the following subsection:
(1.1) The director may not make a determination under subsection (1) that has the effect of altering a provision of a community safety order.
52 Section 94 is amended by striking out "Despite any other enactment," and substituting "Despite any other enactment except the Community Safety Act,".
53 Section 97 (2) is amended by adding the following paragraph:
(h.1) respecting the matters referred to in Division 5 of Part 2 in respect of a tenancy agreement that is terminated under a community safety order; . Commencement
54 This Act comes into force by regulation of the Lieutenant Governor in Council.
Explanatory Note
This Bill authorizes the designation of a director of community safety and establishes a mechanism for addressing problem properties in communities and neighbourhoods. This Bill authorizes the director or a complainant to apply to the court for a community safety order. If the court makes a community safety order, the order must contain the mandatory provisions set out in this Bill and, in addition, may include other provisions, such as provisions requiring that a property be vacated and closed for a period of up to 90 days.
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