Acts and Regulations

2014, c.135 - Unsightly Premises Act

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Full text
Current to 13 December 2023
2014, c.135
Unsightly Premises Act
Deposited December 30, 2014
Definitions
1(1)The following definitions apply in this Act.
“Department” means the Department of Environment and Local Government.(ministère)
“highway” includes a road, lane, street or other public thoroughfare.(route)
“inspector” means an inspector appointed under section 14.(inspecteur)
“Minister” means the Minister of Local Government and includes a person designated by the Minister to act on the Minister’s behalf.(ministre)
“person” , in addition to the meaning given by the Interpretation Act, includes a municipality, a rural community and the Crown.(personne)
“premises” means lands within 150 m on either side of the right-of-way of a highway.(lieux)
“salvage” includes second-hand, used, discarded or surplus metals, bottles or goods, unserviceable, discarded or junked motor vehicles, bodies, engines or other parts of a motor vehicle, and articles of every description.(objets de récupération)
“salvage yard” means a building, warehouse, yard or other premises where salvage is stored or kept pending resale or delivery to a person.(dépôt d’objets de récupération)
1(2)Repealed: 2017, c.18, s.206
R.S.1973, c.U-2, s.1; 1975, c.64, s.1; 1977, c.M-11.1, s.29; 1981, c.77, s.1; 1986, c.8, s.128; 1989, c.55, s.50; 2000, c.26, s.277; 2005, c.7, s.88; 2006, c.4, s.18; 2006, c.16, s.177; 2012, c.39, s.149; 2017, c.18, s.206; 2020, c.25, s.114; 2023, c.40, s.32
This Act binds the Crown
2This Act binds the Crown.
R.S.1973, c.U-2, s.2
Application
3Despite any other Act, this Act applies to all of the Province, including municipalities and rural communities.
R.S.1973, c.U-2, s.2; 2005, c.7, s.88
Duty of owner or occupier
Repealed: 2017, c.18, s.206
2017, c.18, s.206
4Repealed: 2017, c.18, s.206
R.S.1973, c.U-2, s.3; 2017, c.18, s.206
Notice to owner or occupier
Repealed: 2017, c.18, s.206
2017, c.18, s.206
5Repealed: 2017, c.18, s.206
R.S.1973, c.U-2, s.4; 2017, c.18, s.206
Powers of Minister
Repealed: 2017, c.18, s.206
2017, c.18, s.206
6Repealed: 2017, c.18, s.206
R.S.1973, c.U-2, s.7; 1990, c.22, s.52; 2006, c.4, s.18; 2017, c.18, s.206
Report
Repealed: 2017, c.18, s.206
2017, c.18, s.206
7Repealed: 2017, c.18, s.206
R.S.1973, c.U-2, s.10; 2017, c.18, s.206
Recovery of Minister’s costs - filing of certificate
Repealed: 2017, c.18, s.206
2017, c.18, s.206
8Repealed: 2017, c.18, s.206
1981, c.77, s.3; 1994, c.106, s.1; 2017, c.18, s.206
Lien
Repealed: 2017, c.18, s.206
2017, c.18, s.206
9Repealed: 2017, c.18, s.206
1994, c.106, s.2; 2017, c.18, s.206
Unsightly premises by-law
Repealed: 2017, c.18, s.206
2017, c.18, s.206
10Repealed: 2017, c.18, s.206
R.S.1973, c.U-2, s.8; 2005, c.7, s.88; 2017, c.18, s.206
Notice to enforce unsightly premises by-law
Repealed: 2017, c.18, s.206
2017, c.18, s.206
11Repealed: 2017, c.18, s.206
R.S.1973, c.U-2, ss.9(1), (2); 2005, c.7, s.88; 2017, c.18, s.206
Salvage yards
12No salvage yard shall be established, maintained, operated or located
(a) within 300 m of a public bathing beach, public playground, public park, school, hospital facility, church or cemetery,
(b) within 30 m of a highway, or
(c) within sight distance of a highway, unless the salvage yard is entirely screened from the ordinary view of highway users by
(i) natural objects, or
(ii) a fence at least 2 m high that is constructed and maintained to a standard acceptable to the Minister.
1975, c.64, s.3; 1977, c.M-11.1, s.29; 1992, c.52, s.32
Notice of violation
13(1)If the owner or occupier of a salvage yard violates section 12, the Minister may give notice that the violation must cease within the period stated in the notice, not to exceed 30 days.
13(2)A notice under subsection (1) shall
(a) be in writing,
(b) be signed by the Minister,
(c) state the nature of the violation,
(d) state the date before which the violation must cease, and
(e) be served on the owner or occupier either personally or by prepaid registered mail, addressed to the owner or occupier.
1975, c.64, s.3; 1981, c.77, s.4; 1990, c.22, s.52
Appointment of inspectors
14The Minister may appoint an inspector designated under section 23 of the Clean Environment Act or any other person as an inspector for the purposes of this Act.
R.S.1973, c.U-2, s.11; 1975, c.64, s.4
Powers of inspectors
15At any reasonable time and on presentation of a certificate or other means of identification prescribed by the Minister, an inspector, for the purpose of enforcing this Act, may
(a) enter and inspect an area, place or premises, other than a private dwelling, that the inspector believes, on reasonable grounds, is maintained or operated in violation of this Act,
(b) enter an area, place or premises in respect of which an application was made for a salvage dealer’s licence under the Salvage Dealers Licensing Act, to ascertain compliance with section 12 of this Act,
(c) enter an area, place or premises in respect of which a licence referred to in paragraph (b) was issued to ascertain compliance with section 12 of this Act, and
(d) enter an area, place or premises, other than a private dwelling, to ascertain compliance with a notice given under subsection 13(1).
R.S.1973, c.U-2, s.12; 1975, c.64, s.5
Assisting inspectors
16The owner or person in charge of an area, place or premises, and every person present there, shall give an inspector all reasonable assistance to enable the inspector to carry out his or her duties under this Act and shall give the inspector the information that he or she reasonably requests.
R.S.1973, c.U-2, s.13
Interference with inspectors
17No person shall
(a) obstruct or hinder an inspector in the carrying out of his or her duties under this Act, or
(b) make a false or misleading statement orally or in writing to an inspector engaged in carrying out his or her duties under this Act.
R.S.1973, c.U-2, s.14
Evidence
18(1)Service by prepaid registered mail under subsection 13(2) is deemed to be complete four days after the notice is mailed.
18(2)A certificate or an affidavit purporting to be signed by an officer or employee of the Department may be used to prove service in either manner provided for in subsection 13(2), if the certificate or affidavit names the person on whom the service was made and specifies the time, place and manner of the service.
18(3)A document that purports to be a certificate of an officer or employee of the Department stating that the service was made in the manner provided in subsection 13(2)
(a) is admissible in evidence without proof of the signature, and
(b) is conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate.
18(4)In a prosecution of an offence under this Act, when proof of service is made as set out in subsection (2), the onus is on the accused to prove that the accused is not the person named or referred to in the certificate or affidavit.
18(5)A notice given under this Act that purports to be signed by the Minister
(a) is admissible in evidence by any court in the Province without proof of the signature on it,
(b) is in the absence of evidence to the contrary, evidence of the facts stated in it, and
(c) is on the hearing of an information for a violation of this Act and in the absence of evidence to the contrary, evidence that the person named in it is the owner or the occupier of the premises in respect of which the notice was given.
R.S.1973, c.U-2, s.5; 1975, c.64, s.3; 1975, c.64, s.3; 2017, c.18, s.206
Offences and penalties related to public safety hazards
Repealed: 2017, c.18, s.206
2017, c.18, s.206
19Repealed: 2017, c.18, s.206
2006, c.4, s.18; 2017, c.18, s.206
Offences and penalties related to notices under section 5
Repealed: 2017, c.18, s.206
2017, c.18, s.206
20Repealed: 2017, c.18, s.206
R.S.1973, c.U-2, s.6; 1981, c.77, s.2; 1990, c.61, s.141; 2006, c.4, s.18; 2017, c.18, s.206
Offence and penalty related to notices under section 13
21(1)An owner or occupier of a salvage yard who fails to comply with the terms of a notice under section 13 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence, and, despite any other Act, no judge may suspend the imposition of a penalty under this section.
21(2)A conviction of a person under this section does not operate as a bar to further prosecution for the person’s continued neglect or failure to comply with the provisions of this Act.
1975, c.64, s.3; 1990, c.61, s.141
Offences and penalties related to sections 16 and 17
22(1)A person who violates or fails to comply with section 16 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
22(2)A person who violates or fails to comply with section 17 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
R.S.1973, c.U-2, s.15; 1990, c.61, s.141
Administration
23The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
1975, c.64, s.2
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to December 13, 2023.