S-0.5 Safer Communities and Neighbourhoods Act N.B.

(a) a structure of any kind or a part of a structure, including an apartment, cooperative housing unit or condominium unit, and

(b) a mobile home.

(a) bulletproof material or material designed to be resistant to explosives on exterior doors or windows;

(b) protective metal plating on the interior or exterior of the building that is not required for the structural integrity of the building;

(c) armoured or specially reinforced doors;

(d) metal bars on exterior doors or windows;

(e) metal screens or mesh on exterior doors or windows with a gauge that exceeds normal usage for insect or pest control;

(f) razor wire, barbed wire, nails or other sharp items in, on or around an exterior fence;

(g) structural impediments placed in doors or windows that will negatively affect access to or exit from the property;

(h) trenches, pillars, barriers or other impediments designed to impede motor vehicle access to the property; or

(i) any other method or material prescribed by regulation.

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

(d) aerosol products, including aerosol disinfectants, containing ethyl alcohol, and

(e) any other product or substance prescribed by regulation.

(a) a person who is shown as the owner of the property in the records of the appropriate land registration office,

(b) a person who is shown as the owner of the property in the real property assessment list prepared by the Executive Director of Assessment under the Assessment Act,

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

(d) a guardian, committee, executor, administrator or trustee in whom the property or any estate or interest in the property is vested.

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

(b) land on which no building is located.

(a) the sale or manufacture of liquor as defined in the Liquor Control Act, in contravention of that Act or the regulations under that Act,

(b) the use or consumption of an intoxicating substance as an intoxicant, or the sale, transfer or exchange of an intoxicating substance where there are reasonable grounds to believe that the recipient will use or consume the intoxicating substance as an intoxicant, or cause or permit the intoxicating substance to be used or consumed as an intoxicant,

(c) the growth, production, possession, use, consumption, sale, transfer or exchange of a controlled substance, as defined in the Controlled Drugs and Substances Act (Canada), in contravention of that Act,

(c.1) the possession, consumption, purchase, sale, distribution, cultivation, storage or production of cannabis, as the term “cannabis” is defined in the Cannabis Act (Canada), in contravention of that Act or the Cannabis Control Act,

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

(d) prostitution or activities related to prostitution,

(e) any of the gaming or betting activities referred to in sections 201 and 202 of the Criminal Code (Canada),

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

(g) the commission or promotion of a criminal organization offence,

(h) the accommodation, aid, assistance or support of any nature of a criminal organization or any of its activities or the facilitation of any of its activities,

(i) the possession or storage of

(j) any other use prescribed by regulation.

(a) the labels attached to the bottles, packages, tins, tubes, or other containers in which an intoxicating substance is sold, displayed or delivered,

(b) any descriptive material displayed with or accompanying an intoxicating substance when sold or offered for sale, or

(c) any advertising material respecting an intoxicating substance published or distributed by the maker or seller of the intoxicating substance.

(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.

(a) that their community or neighbourhood is being adversely affected by activities on or near a property in the community or neighbourhood, and

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

(a) investigate the complaint,

(b) require the complainant to provide further information,

(c) send a warning letter to the owner or occupant of the property, or to anyone else the Director considers appropriate,

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

(e) decide not to act on the complaint, or

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

(a) collect information from any person or public body about the owner or occupant of a property in respect of which an application for a community safety order may be made, including

(b) collect information from any person or public body about the ownership of a property in respect of which an application for a community safety order may be made,

(c) collect information from any person or public body about the occurrence of activities in respect of which an application for a community safety order may be made, and

(d) make and maintain records of any information received under paragraph (a), (b) or (c) or of the occurrence of activities in respect of which an application for a community safety order may be made.

(a) for the purposes of administering and enforcing this Act, or

(b) if the Director is of the opinion that it would be in the public interest to disclose the information or records.

(a) the identity of the complainant and any record by which the complainant may be identified shall not be disclosed without the prior written consent of the complainant, and

(b) the identity of any person who provides information under section 9 and any record by which the person may be identified shall not be disclosed without the prior written consent of the person.

(a) if the Director applies for a community safety order;

(b) if the court orders that a complainant’s application for a community safety order be continued in the Director’s name; or

(c) if the Director intervenes in a complainant’s application for a community safety order.

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

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

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

(b) a provision prohibiting all persons from causing, contributing to, permitting or acquiescing in the activities,

(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 paragraph (3)(e),

(d) a statement indicating the appeal process set out in section 36, and

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

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

(b) a provision terminating the commercial lease or tenancy agreement of any tenant of the property on the date specified under paragraph (a),

(c) a provision requiring the Director to close the property from use and occupation on a specified date and keep the property closed for the period specified in subsection (4),

(d) a provision limiting the order to the part of the property about which the application for the order was made or to a particular person, and

(e) any other provision that the court considers necessary to make the order effective, including an order of possession in favour of the respondent.

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

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

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

(a) the order did not contain a provision requiring the property to be closed,

(b) the provision requiring the property to be closed was set aside, or

(c) the closure period has expired.

(a) requiring the Director to close the property from use and occupation immediately and keep the property closed for the period specified in subsection (1.1), and

(b) containing any other provision that the court considers necessary to counter the threat or fairly give effect to an order under paragraph (a), including

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

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

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

(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.

(a) set aside the provision of the community safety order requiring the property to be closed,

(b) set aside the community safety order, if the court is satisfied that the activities have ceased and are not likely to resume, or

(c) set aside or vary the provision of the community safety order prohibiting one or more persons from re-entering or re-occupying the property, if the court is satisfied that to do so is necessary to allow the property to be used again.

(a) has decided not to act or continue to act on the complaint, or

(b) has abandoned an application for a community safety order.

(a) did, or did not take, any of the actions referred to in subsection 8(1) or (2), or

(b) abandoned an application for a community safety order.

(a) after filing a notice of application for a community safety order, serve a copy of the notice of application on the Director, and

(b) after an application is dismissed, notify the Director.

(a) the complainant notifies the Director under section 24 of their intention to abandon the application, and

(b) the Director requests that the application be so continued.

(a) the Director investigated the complaint, and

(b) the court finds that the complainant’s application for a community safety order is frivolous or vexatious.

(a) requires the commercial tenant or resident and, if applicable, members of their household to vacate the property and prevents them from re-entering or re-occupying the property,

(b) terminates the commercial lease or tenancy agreement, or

(c) requires the Director to close the property.

(a) that the person who applies for the variation is a commercial tenant or resident,

(b) in the case of a commercial tenant, that they did not cause, contribute to, permit or acquiesce in any of the activities in respect of which the order was made,

(c) in the case of a resident, that neither the resident nor any member of their household for whom they are seeking a variation caused, contributed to, permitted or acquiesced in any of the activities in respect of which the order was made,

(d) that no person who caused, contributed to, permitted or acquiesced in any of the activities is still present at or occupying the property,

(e) that the commercial tenant, resident or a member of their household for whom they are seeking a variation will suffer undue hardship if the order is not varied, and

(f) in the case of the community safety order that was varied under section 16, that neither the commercial tenant, the resident, nor any member of their household for whom they are seeking a variation was an occupant of the property when the community safety order was made.

(a) a provision fixing a later date for

(b) a provision setting aside the requirement to vacate or close the property,

(c) a provision setting aside the termination of the commercial lease or tenancy agreement, or reinstating the commercial lease or tenancy agreement if the date of termination has already passed,

(d) if the commercial tenant or the resident and members of their household have already vacated the property, a provision authorizing them to re-enter and re-occupy the property and, if applicable, requiring the respondent to allow them to re-enter and re-occupy the property,

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

(f) any other provision that the court considers appropriate.

(a) whether the respondent will suffer undue hardship if the community safety order is varied;

(b) in the case of a commercial tenant, whether there is a commercial lease between the commercial tenant and the respondent, or whether there was a commercial lease when the commercial tenant was required to vacate the property;

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

(d) whether the respondent is opposed to the application if the variation would authorize a commercial tenant or resident, who does not or did not have a commercial lease or tenancy agreement, to re-enter and re-occupy the property; and

(e) any other factor that the court considers relevant.

(a) there is a rebuttable presumption that a person is a member of a criminal organization if the person has been found guilty or convicted of a criminal organization offence,

(b) evidence that a person was found guilty, convicted or found not criminally responsible on account of mental disorder with respect to an offence under the Criminal Code (Canada) is admissible in evidence as proof that the person committed the offence, and

(c) evidence that a person was charged with and acquitted of an offence under the Criminal Code (Canada), or that the charge was withdrawn or stayed, is not relevant in making a finding of fact.

(a) may, at any time before the order ceases to be in effect, file a discharge of the registration at the appropriate land registration office, and

(b) shall file a discharge of the registration at the appropriate land registration office when the order is no longer in effect.

(a) the property described in the order by filing a discharge of the registration at the appropriate land registration office, or

(b) any portion of the property described in the order by filing an amendment of the registration at the appropriate land registration office.

(a) on a question of law, and

(b) with leave of a judge of The Court of Appeal of New Brunswick.

(a) to prevent the making of a community safety order,

(b) to prevent a community safety order from being carried out,

(c) to set aside or vary a community safety order,

(d) to have a community safety order judicially reviewed, or

(e) to obtain relief from forfeiture in respect of a commercial lease or tenancy agreement that is terminated under a community safety order.

(a) requesting any persons at the property to leave the property immediately,

(b) attaching locks, boarding and other security devices,

(c) erecting fences,

(d) changing or terminating utility services,

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

(f) any other measure prescribed by regulation.

(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.

(a) the costs related to an investigation under this Part;

(b) the costs of closing the property and keeping the property closed; and

(c) the costs of arranging short-term accommodations for the occupants.

(a) the amount of the costs and expenses incurred under this Part, including interest, and

(b) the name and address of the respondent from whom the costs and expenses are recoverable.

(a) without the Director’s consent,

(b) violate or fail to comply with a community safety order.

(a) subparagraph (1)(a)(ii);

(b) subparagraph (1)(a)(iii); and

(c) paragraph (1)(b).

(a) the minimum fine that may be imposed is $1,000 multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category I offence multiplied by the number of days during which the offence continues.

(a) subject to subsection (5), enter and inspect any building that the Director has reasonable grounds to believe is a fortified building,

(b) take measurements and photographs of, and conduct any tests or make any type of visual recording in or on, a building or the property on which the building is located that the Director considers necessary to determine if the building is a fortified building that is a threat to public safety,

(c) require records to be produced for inspection or for the purposes of obtaining copies and extracts,

(d) be accompanied and assisted by a person who has special or expert knowledge,

(e) collect information from any person or public body about the owner or occupant of a building in respect of which a removal order or closure order may be made, including

(f) collect information from any person or public body about the ownership of a building in respect of which a removal order or closure order may be made, and

(g) make and maintain records of any information received under paragraph (e) or (f).

(a) for the purposes of administering and enforcing this Act, or

(b) if the Director is of the opinion that it would be in the public interest to disclose the information or records.

(a) the number and type of fortifications in or on the fortified building or on the property on which the fortified building is located,

(b) whether the fortifications could significantly impair the ability of emergency response personnel and law enforcement officials to gain access to the fortified building,

(c) whether the fortifications could significantly impair the ability of people inside the fortified building to escape in an emergency,

(d) the nature of the neighbourhood or area in which the fortified building is located,

(e) the proximity of the fortified building to schools, playgrounds and other places where children are likely to be present,

(f) the proximity of the fortified building to other buildings,

(g) the purpose for which the fortified building is being used,

(h) whether the fortifications are reasonably necessary given the purpose for which the fortified building is being used,

(i) the persons who own, occupy or visit the fortified building,

(j) whether any criminal activity or other disruptive behaviour has previously taken place in or around the fortified building, and

(k) any other factor that the Director considers reasonable.

(a) the type of business being operated in the fortified building, or

(b) a private dwelling.

(a) specify the fortifications that shall be removed from the fortified building or the property on which the fortified building is located,

(b) require the owner or occupant of the fortified building, or both, to remove the specified fortifications on or before the date specified in the removal order,

(c) contain a provision stating that a closure order for the fortified building will be issued if the specified fortifications are not removed on or before the date specified in the removal order,

(d) include a statement indicating the right to make an application for judicial review of the removal order under section 57, and

(e) include any other information the Director considers appropriate.

(a) a provision requiring all persons to vacate the fortified building and not re-enter or re-occupy the fortified building until the order ceases to be in effect, and

(b) any other information the Director considers appropriate.

(a) may, at any time before the end of the period of closure, file a discharge of the registration at the appropriate land registration office, and

(b) shall file a discharge of the registration at the appropriate land registration office when the order is no longer in effect.

(a) the property upon which the fortified building is located by filing a discharge of the registration at the appropriate land registration office, or

(b) any portion of the property upon which the fortified building is located by filing an amendment of the registration at the appropriate land registration office.

(a) to remove the fortifications specified in a removal order, and

(b) to safely and effectively close the fortified building and keep it closed.

(a) requesting any persons in the fortified building to leave the property immediately,

(b) attaching locks, boarding and other security devices,

(c) erecting fences,

(d) changing or terminating utility services,

(e) making interior or exterior alterations to the fortified building so that it is not a hazard while it is closed, or

(f) any other measure prescribed by regulation.

(a) the costs related to an investigation under this Part;

(b) the costs of removing the fortifications; and

(c) the costs of closing the fortified building and keeping it closed.

(a) the amount of the costs and expenses incurred under this Part, including interest, and

(b) the name of the owner from whom the costs and expenses are recoverable.

(a) without the Director’s consent,

(b) violate or fail to comply with a removal order or closure order.

(a) subparagraph (1)(a)(iii);

(b) subparagraph (1)(a)(iv); and

(c) paragraph (1)(b).

(a) the minimum fine that may be imposed is $1,000 multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category H or I offence, as the case may be, multiplied by the number of days during which the offence continues.

(a) anything done or purported to be done in good faith, or anything omitted to be done in good faith, under this Act or the regulations,

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

(c) compensation for any loss or damage caused by or during, or arising from the removal of any fortification or the closing of a fortified building or it being kept closed.

(a) prescribing methods and materials of fortification for the purposes of the definition “fortified building”;

(b) prescribing products and substances for the purposes of the definition “intoxicating substance”;

(c) prescribing uses for the purposes of the definition “specified use”;

(c.1) respecting the service of notices of application under subsections 8(2.1) and 16(1.1);

(d) respecting the service of orders under this Act;

(e) respecting the service of documents on the Director and the giving of notices to the Director under section 23;

(f) respecting the measures the Director may take to safely and effectively close a property or fortified building and keep it closed;

(g) prescribing the rate of interest for the purposes of sections 43 and 65;

(h) respecting applications and the enforcement of orders;

(i) prescribing anything required by this Act to be prescribed in the regulations;

(j) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(k) respecting any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.