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Chapter	Title
2010-66	General

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions and Interpretation

1(1)The following definitions apply in this Act.

“building” means(bâtiment)

(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.

“closure order” means an order made under section 58. (ordre de fermeture)

“court” means The Court of King’s Bench of New Brunswick, and includes any judge of that court.(cour)

“criminal organization” means a criminal organization as defined in the Criminal Code.(organisation criminelle)

“criminal organization offence” means a criminal organization offence as defined in the Criminal Code.(infraction d’organisation criminelle)

“Director” means the Director of Safer Communities and Neighbourhoods appointed under section 2. (directeur)

“fortified building” means a building protected by one or more of the following: (bâtiment fortifié)

(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.

“intoxicating substance” means(substance intoxicante)

(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.

“land registration office” means the registry office for a county or the land titles office for a land registration district.(bureau d’enregistrement des biens-fonds)

“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“owner” , in relation to property, means(propriétaire)

(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 his or her 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.

“person” includes an individual, corporation, cooperative, partnership, limited partnership or unincorporated organization of persons. (personne)

“property” means(propriété)

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

(b) land on which no building is located.

“public body” means a public body as defined in the Protection of Personal Information Act.(organisme public)

“record” means a document in any form that may contain information relevant to the administration and enforcement of this Act.(registre)

“removal order ” means an order made under section 56.(ordre d’enlèvement)

“respondent” means the owner named as the respondent in an application made under subsection 8(2) or section 16, 22 or 29.(intimé)

“specified use” , in relation to property, means the use of the property for (fins déterminées)

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

(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

(i) a prohibited firearm, prohibited weapon, restricted firearm or restricted weapon, as those terms are defined in section 84 of the Criminal Code (Canada), 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), the regulations under that Act or any other Act or regulation of the Parliament of Canada,

(iii) a stolen firearm, or

(iv) an explosive, as defined in the Explosives Act (Canada), in contravention of that Act or any regulation made under that Act, and

(j) any other use prescribed by regulation.

1(2)Information or wording that appears on or in any of the following labels or materials is, in the absence of evidence to the contrary, proof of the nature of the intoxicating substance

(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.

2016, c.37, s.171; 2019, c.2, s.130; 2019, c.11, s.7; 2020, c.15, s.1; 2020, c.25, s.101; 2022, c.28, s.48; 2023, c.17, s.249

Appointment of Director

2The Minister shall appoint a Director of Safer Communities and Neighbourhoods.

2010, c.18, s.1

Delegation

3(1)The Director may in writing delegate his or her duties and powers under this Act and the regulations to any person who is employed in the office of the Director.

3(2)Repealed: 2010, c.18, s.2

3(3)The Director may impose such terms and conditions as he or she considers appropriate on a delegation.

3(4)Anything done by a person under a delegation shall have the same effect as if it had been done by the Director.

3(5)The Director may revoke, in whole or in part, a delegation.

2010, c.18, s.2

Act binds the Crown

4This Act binds the Crown.

Conflict

5If a conflict exists between this Act and the The Residential Tenancies Act, this Act prevails.

2

SAFER COMMUNITIES AND NEIGHBOURHOODS

A

Definitions and Interpretation

6(1)The following definitions apply in this Part.

“complainant” means a person who has made a complaint to the Director under subsection 7(1).(plaignant)

“tenancy agreement” means a tenancy agreement as defined in the The Residential Tenancies Act. (convention de location)

6(2)For the purposes of this Part, a community or neighbourhood is adversely affected by activities if the activities

(a) negatively affect the health, safety or security of one or more persons in the community or neighbourhood, or

(b) interfere with the peaceful enjoyment of one or more properties in the community or neighbourhood, whether the property is privately or publicly owned.

B

Complaint to Director

7(1)A person who wishes a community safety order to be made under this Part shall make a complaint to the Director stating that the person believes

(a) that his or her 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.

7(2)A complaint shall be made in a form and manner acceptable to the Director and shall be accompanied by such information as may be required by the Director.

Director’s actions after receiving a complaint

8(1)At any time after receiving a complaint, the Director may

(a) investigate the complaint,

(b) require the complainant to provide further information,

(c) send a warning letter to the owner 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.

8(2)In addition to any of the actions referred to in subsection (1), the Director may apply to the court for a community safety order.

8(2.1)As soon as the circumstances permit after filing a notice of application for a community safety order, the Director shall serve a copy of the notice of application on the respondent in accordance with the regulations.

8(3)The decision to take any of the actions referred to in subsections (1) and (2) or to stop doing any of them at any time is within the Director’s discretion.

8(4)The Director shall notify the complainant in writing if he or she decides not to act or continue to act on a complaint.

8(5)The Director is not required to give reasons for any decision made under this section.

2022, c.3, s.1

C

Investigations

Director’s authority to obtain information

9(1)For the purposes of an investigation under this Part, the Director may

(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

(i) the name and address of the owner or occupant,

(ii) the whereabouts of the owner or occupant, and

(iii) the name and address of the employer of the owner or occupant,

(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.

9(2)When the Director requests information under paragraph (1)(a), (b) or (c) from a public body, the public body shall provide the information to the Director.

9(3)When the Director requests information under paragraph (1)(a), (b) or (c) from a person carrying on a business and the information is contained in the business records of that person, the person shall give the Director a copy of the business record in which the information is contained.

Confidentiality

10(1)The information and records referred to in section 9 are confidential and shall not be disclosed except

(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.

10(2)Despite paragraphs (1)(a) and (b),

(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.

Non-compellability

11(1)Subject to subsection (2), the Director is not compellable to give evidence concerning the information and records referred to in section 9 in any action or proceeding of a judicial or quasi-judicial nature.

11(2)The Director is compellable in the following circumstances to give evidence concerning the information and records referred to in section 9 other than the identity of the complainant and the identity of any person who provides information under section 9:

(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.

Privilege

12The information and records referred to in section 9, the identity of the complainant and the identity of any person who provides information under section 9 are absolutely privileged and shall not be used as evidence by any person other than the Director in any action or proceeding of a judicial or quasi-judicial nature.

False or misleading statement

13No person shall knowingly make a false or misleading statement, either orally or in writing, to the Director while the Director is engaged in carrying out his or her duties and powers under this Part.

Director’s power to authorize investigation

14The Director may contract with or authorize any person to investigate a complaint.

D

Community Safety Order

When court may make order

15(1)The court may make a community safety order if the court is satisfied that

(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.

15(1.1)For the purposes of subsection (1), if the court is satisfied that a property is being habitually used for a specified use, there is a rebuttable presumption that the community or neighbourhood is adversely affected by the activities.

15(2)A community safety order shall contain

(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.

15(3)A community safety order may contain

(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 up to 90 days,

(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.

2022, c.3, s.2

Director may apply to vary order

16(1)The Director may apply to the court to vary a community safety order if the order is still in effect but the property is not subject to closure because

(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.

16(1.1)As soon as the circumstances permit after filing a notice of application to vary a community safety order, the Director shall serve a copy of the notice of application on the respondent in accordance with the regulations.

16(2)The court may vary the community safety order to include any of the provisions referred to in subsection 15(3).

16(3)The Director may apply more than once to vary a community safety order under this section.

2022, c.3, s.3

Emergency closure

17(1)If the court is satisfied that the activities about which an application for a community safety order is made are a serious and immediate threat to the safety or security of one or more occupants of the property or persons in the community or neighbourhood, the court may make a community safety order

(a) requiring the Director to close the property from use and occupation immediately and keep the property closed for up to 90 days, 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

(i) 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, and

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

17(2)A community safety order made under subsection (1) shall contain all of the provisions required by subsection 15(2).

Length of closure period

18When deciding the length of a period of closure, the court shall consider

(a) the extent to which the respondent’s failure, if any, to exercise due diligence in supervising and controlling the use and occupation of the property contributed to the activities, and

(b) the impact of the activities on the community or neighbourhood.

Respondent may apply to set aside portion of order

19(1)Before the closure date specified in a community safety order, the respondent may apply to the court to set aside the portion of the community safety order requiring the property to be closed.

19(2)The court may, on application by the respondent,

(a) set aside the portion 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 portion 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.

Service of order

20(1)As soon as possible after a community safety order is made, the Director shall serve a copy of the order on the respondent in accordance with the regulations.

20(2)As soon as possible after the respondent is served with the community safety order, the respondent shall, in accordance with the regulations, serve a copy of the order on every person who is lawfully occupying the property or has a right to occupy the property.

20(3)If the respondent fails to serve the community safety order on any person who is required to be served, the Director shall serve a copy of the order on the person in accordance with the regulations.

Posting of order

21As soon as possible after a community safety order is made, the Director shall post a copy of the order in a conspicuous place on the property in respect of which the order is made.

E

Application by Complainant for Community Safety Order

Application for order

22(1)The complainant may apply to the court for a community safety order if he or she has made a complaint to the Director about the property and the Director

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

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

22(2)The complainant shall file with the court the Director’s written notice provided under subsection 8(4).

22(3)The complainant’s application shall be made within 2 months after the date of the Director’s written notice provided under subsection 8(4).

22(4)Sections 15, 17 and 18 apply, with necessary modifications, to an application by a complainant.

22(5)In an application by a complainant, the court shall not draw an adverse inference from the fact that the Director

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

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

Service on the Director

23(1)A complainant shall, as soon as possible

(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.

23(2)A document that is to be served on or given to the Director under subsection (1) shall be served or given in accordance with the regulations.

2022, c.3, s.4

Abandonment of application

24(1)A complainant shall, at least 30 days before taking any step to abandon an application for a community safety order, notify the Director in writing of his or her intention to abandon the application.

24(2)A complainant who wishes to abandon an application for a community safety order shall file with the court the Director’s written confirmation that the Director does not intend to continue the application under section 25.

Court may continue application in Director’s name

25The court may order a complainant’s application for a community safety order be continued in the Director’s name if

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

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

Applications - frivolous, vexatious or not in public interest

26If the Director believes that a complainant’s application for a community safety order is frivolous, vexatious or not in the public interest, the Director may intervene in the application to request that it be dismissed.

Costs on applications that are frivolous or vexatious

27(1)The court may, in addition to any other order for costs, order the complainant to pay to the Crown in right of the Province all reasonable costs related to the investigation if

(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.

27(2)Costs ordered to be paid under subsection (1) shall be paid immediately to the Minister of Finance and Treasury Board.

2019, c.29, s.144; 2023, c.17, s.249

F

Application for Variation of Community Safety Order by Commercial Tenant or Resident

Definition of “resident”

28In sections 29 and 30, “resident” means an individual who has a right to occupy a property as his or her residence, or had a right to occupy the property as his or her residence, when he or she was required by a community safety order to vacate the property, but who does not own the property.

Application for variation of order

29(1)A commercial tenant or resident may apply to the court to vary a provision in a community safety order that

(a) requires the commercial tenant or resident and, if applicable, members of his or her 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.

29(2)The commercial tenant or resident shall make the application within 14 days after he or she is served with the community safety order.

29(3)The Director is a party to the application to vary and is entitled to be heard, by counsel or otherwise, on the application.

29(4)The court may extend the time for making the application if the court is satisfied that the extension is in the interests of justice.

29(5)An application under this section does not stay the operation of the community safety order.

When court may vary order

30(1)The court may vary a community safety order if the court is satisfied

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

(b) in the case of a commercial tenant, that he or she 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 his or her household for whom he or she is 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 his or her household for whom he or she is 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 his or her household for whom he or she is seeking a variation was an occupant of the property when the community safety order was made.

30(2)The court may vary a community safety order to include

(a) a provision fixing a later date for

(i) the commercial tenant or the resident and members of his or her household to vacate the property,

(ii) the commercial lease or tenancy agreement to be terminated, or

(iii) the Director to close the property,

(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 his or her 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.

30(3)The court may consider the following factors:

(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.

G

General

Court shall consider merits

31Despite the fact that the respondent consents to a community safety order or does not oppose an application, the court shall not grant the order unless the court is satisfied on the merits that the order should be made.

Requirements re applications

32(1)Except as otherwise provided in this Act or the regulations, the Rules of Court apply to applications under this Part.

32(2)An application under this Part shall name the owner of the property as the respondent.

32(3)The factual allegations in an application under this Part may be different from those in the complaint.

Affidavits based on information and belief

2022, c.3, s.5

32.1 An affidavit of the Director in support of an application for a community safety order or an application to vary a community safety order may contain information relevant to the application that is provided to the Director by a person under section 9 or a complainant, without specifying the source of the information or the reasons for the Director’s belief in that information.

2022, c.3, s.5

Presumption re offence

33In an application made under this Part,

(a) there is a rebuttable presumption that a person is a member of a criminal organization if he or she 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.

Registration of order

34(1)The Director shall, at the appropriate land registration office, register a community safety order against the affected title.

34(2)Section 44 of the Registry Act and section 55 of the Land Titles Act do not apply to the registration of a community safety order.

34(3)After a community safety order is registered, the Director

(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.

34(4)The registration of a community safety order may be discharged with respect to

(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.

Effect of transfer of property

35(1)A person who, after being served with a notice of application or becoming aware of an application for a community safety order in respect of a property, transfers a legal or beneficial interest in the property to another person, or gives a right of occupancy of the property to another person, shall inform the other person about the application before completing the transfer or giving the right of occupancy.

35(2)A person who transfers a legal or beneficial interest in the property to another person, or gives a right of occupancy of the property to another person, while a community safety order in respect of the property is in effect shall inform the other person about the order before completing the transfer or giving the right of occupancy.

35(3)A person who receives an interest in a property that is the subject of an application for a community safety order is deemed to be a respondent to the application when the transfer of the interest is complete, and any order made by the court is binding on that person.

Appeal

36A community safety order may be appealed to The Court of Appeal of New Brunswick

(a) on a question of law, and

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

Limitation on other actions and proceedings

37No action or proceeding, other than an application under section 19 or 29 or an appeal under section 36, shall be commenced or maintained

(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.

Director to notify Minister of Social Development

2016, c.37, s.171; 2019, c.2, s.130

38If the Director has reason to believe that there are children residing in a building in respect of which an application for a community safety order has been made, the Director shall immediately inform the Minister of Social Development of the situation.

2016, c.37, s.171; 2019, c.2, s.130

H

Closure of Property by Director

Director may enter property

39(1)The Director may, without the consent of the owner or occupant, enter a property in order to close the property under a community safety order and keep the property closed.

39(2)The Director may employ any tradespersons and workers that he or she considers necessary to safely and effectively close the property and keep the property closed.

39(3)The Director may take any measures that he or she considers necessary to safely and effectively close the property and keep the property closed, including

(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.

39(4)The Director may allow others access to the property that is closed under a community safety order for any purpose that the Director considers appropriate.

39(5)The Director is not responsible for the removal of anything attached to or erected at the property, or the reversal of anything done to or at the property, to close the property or keep the property closed.

Requirement to leave property

40(1)When the Director is required to close a property, all the persons at the property shall leave the property immediately on request by the Director, even if they have not been previously served with the community safety order that requires the Director to close the property.

40(2)If a person does not comply with a request to leave, the Director may obtain the assistance of a peace officer to remove the person from the property.

40(3) Subject to the variation of a community safety order under section 29, after leaving the property and while the property is closed, no person shall re-enter or re-occupy the property without the Director’s consent.

Director to help with alternative accommodations

41(1)The Director shall make a reasonable effort to determine whether the occupants of a property who are required to leave have alternative accommodations and, for those who do not, the Director shall provide whatever assistance in finding alternative accommodations that the Director considers reasonable, including

(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.

41(2)Subsection (1) does not apply to an occupant who the Director reasonably believes caused, contributed to, permitted or acquiesced in any of the activities in respect of which the community safety order that requires the occupants to leave was made.

Debt due to the Crown

2023, c.17, s.249

42(1)The respondent shall, on demand from the Director, pay the following costs to the Minister of Finance and Treasury Board in the amount certified by the Director:

(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.

42(2)An amount required to be paid by the respondent is a debt due to the Crown in right of the Province and may be recovered from the respondent in accordance with section 43.

2019, c.29, s.144; 2023, c.17, s.249

Recovery of Director’s costs - filing of certificate

43(1)The Director may issue a certificate stating

(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.

43(2)The certificate is evidence of the amount of the debt due to the Crown in right of the Province by the respondent at the time the certificate is issued.

43(3)The certificate may be filed in the court and shall be entered and recorded in the court and, when so entered and recorded, becomes a judgment of the court and may be enforced as a judgment obtained in the court by the Crown in right of the Province against the respondent for a debt of the amount specified in the certificate.

43(4)All reasonable costs and charges attendant on the filing, entering and recording of the certificate shall be recovered as if the amount had been included in the certificate.

43(5)From the date on which an amount owed to the Crown in right of the Province under this Part is required to be paid, the amount bears interest at the rate prescribed by regulation.

2023, c.17, s.249

I

Offences and Penalties

Offences and penalties

44(1)No person shall

(a) without the Director’s consent,

(i) remove, deface or interfere with a duly posted copy of a community safety order while the order is in effect,

(ii) fail to vacate a property that is closed under a community safety order, or

(iii) re-enter or re-occupy a property that is closed under a community safety order, or

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

44(2)A person who violates or fails to comply with subparagraph (1)(a)(i) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

44(3)A person who violates or fails to comply with any of the following provisions commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category I offence:

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

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

(c) paragraph (1)(b).

44(4)A person who violates or fails to comply with subsection 9(2) or (3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

44(5)A person who violates or fails to comply with section 13 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

44(6)A person who violates or fails to comply with subsection 35(1) or (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category I offence.

44(7)Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed under that Act in respect of an offence under subsection (2), (3), (5) or (6) shall be $1,000.

Continuing offence

45If an offence under paragraph 44(1)(b) continues for more than one day,

(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.

3

FORTIFIED BUILDINGS

A

Application

Application of Part

46This Part applies to all buildings in the Province whether the building was fortified before or after the commencement of this Part.

B

Investigations

Director appointed as inspector

47The Minister may, subject to any terms and conditions the Minister considers necessary, appoint the Director as an inspector to exercise duties and powers under this Part.

Investigations

48(1)The Director may conduct an investigation with respect to any matter that he or she considers necessary concerning the administration and enforcement of this Part.

48(2)For the purposes of an investigation under this Part, the Director may

(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

(i) the name and address of the owner or occupant,

(ii) the whereabouts of the owner or occupant, and

(iii) the name and address of the employer of the owner or occupant,

(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).

48(3)When the Director requests information under paragraph (1)(e) or (f) from a public body, the public body shall provide the information to the Director.

48(4)When the Director requests information under paragraph (1)(e) or (f) from a person carrying on a business and the information is contained in the business records of that person, the person shall give the Director a copy of the business record in which the information is contained.

48(5)Except when conducting an inspection under subsection 56(4), the Director shall not enter a private dwelling unless the Director has the consent of the owner or occupant or has obtained an entry warrant under the Entry Warrants Act.

48(6)Before or after attempting to enter a building, the Director may apply for an entry warrant under the Entry Warrants Act.

Confidentiality

49(1)The information and records referred to in section 48 are confidential and shall not be disclosed except

(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.

49(2)Despite paragraphs (1)(a) and (b), the identity of any person who provides information under section 48 and any record by which the person may be identified shall not be disclosed without the prior written consent of the person.

Non-compellability

50The Director is not compellable to give evidence concerning the information and records referred to in section 48 in any action or proceeding of a judicial or quasi-judicial nature.

Privilege

51The information and records referred to in section 48 and the identity of any person who provides information under section 48 are absolutely privileged and shall not be used as evidence by any person other than the Director in any action or proceeding of a judicial or quasi-judicial nature.

Removal of records

52(1)The Director may, for the purposes of an investigation under this Part, remove records from buildings and may make a copy or extract of them or any part of them and shall give a receipt to the owner or occupant for the records so removed.

52(2)When records are removed from a building, they shall be returned as soon as possible after the making of the copies or extracts.

52(3)A copy or extract of any record purporting to be certified by the Director is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the Director.

Obstruction

53(1)No person shall obstruct or interfere with the Director who is carrying out or attempting to carry out an investigation under this Part or withhold, destroy, conceal, alter or refuse to furnish any record required by the Director for the purposes of the investigation.

53(2)A refusal of consent to enter a private dwelling is not and shall not be deemed to be obstructing or interfering within the meaning of subsection (1), except where an entry warrant has been obtained.

False or misleading statement

54No person shall knowingly make a false or misleading statement, either orally or in writing, to the Director while the Director is engaged in carrying out his or her duties and powers under this Part.

C

Designation and Orders respecting Fortified Buildings

Designating fortified building a threat to public safety

55(1)Subject to subsection (4), the Director may designate a fortified building as a threat to public safety.

55(2)In determining whether a fortified building is a threat to public safety, the Director may take into account

(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.

55(3)The Director may make a designation under subsection (1) without giving prior notice to the owner or occupant of the fortified building and without holding a hearing.

55(4)The Director shall not designate a fortified building as a threat to public safety if it has been fortified in a manner that does not exceed reasonable security measures commonly taken for

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

(b) a private dwelling.

Removal order

56(1)If the Director designates a fortified building as a threat to public safety, the Director shall issue a removal order.

56(2)A removal order shall

(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.

56(3)The date specified in the removal order for the removal of the specified fortifications shall be at least 21 days after the removal order is served.

56(4)The Director may enter the building to determine if the specified fortifications have been removed.

Judicial review of removal order

57(1)The owner or occupant of a fortified building that is the subject of a removal order may, within 14 days after the removal order has been served, make an application for judicial review of the removal order.

57(2)An application for judicial review stays the operation of the removal order.

Closure order

58(1)If the fortifications specified in a removal order are not removed on or before the date specified in the removal order, the Director shall issue an order closing the fortified building and keeping it closed for a period of not more than 90 days to allow the Director to remove the specified fortifications.

58(2)A closure order shall include

(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.

58(3)The Director shall terminate a closure order as soon as all the fortifications specified in the removal order have been removed.

58(4)When a closure order has been terminated, the Director shall advise the owner of the building that the order is no longer in effect.

58(5)The Director’s decision to issue a closure order is final and may not be questioned or reviewed in any court of competent jurisdiction.

Service of orders

59The Director shall, in accordance with the regulations, serve the removal order or closure order on the owner and any occupant of the fortified building in respect of which the removal order or closure order is made.

Posting of orders

60The Director shall post a copy of the removal order or closure order in a conspicuous place on the fortified building in respect of which the removal order or closure order is made.

Registration of closure order

61(1)The Director shall, at the appropriate land registration office, register a closure order against the affected title.

61(2)Section 44 of the Registry Act and section 55 of the Land Titles Act do not apply to the registration of a closure order.

61(3)After a closure order is registered, the Director

(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.

61(4)The registration of a closure order may be discharged with respect to

(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.

D

Closure of Fortified Building by Director

Director may enter fortified building

62(1)When a closure order is in effect, the Director may, without the consent of the owner or occupant, enter the fortified building in order to remove the fortifications specified in a removal order and close the fortified building and keep it closed.

62(2)The Director may employ any tradespersons and workers that he or she considers necessary

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

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

62(3)The Director may take any measures that he or she considers necessary to safely and effectively close the fortified building and keep it closed, including

(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.

62(4)The Director may allow others access to the fortified building that is closed under a closure order for any purpose that the Director considers appropriate.

62(5)The Director is not responsible for the removal of anything attached to or erected on the fortified building, or the reversal of anything done to the fortified building, to close the fortified building or keep it closed.

Requirement to leave fortified building

63(1)As soon as a closure order is in effect, the Director shall secure the closure of the fortified building, and all the persons in the fortified building shall leave the property immediately on request by the Director, even if they have not been previously served with the closure order.

63(2)If a person does not comply with a request to leave, the Director may obtain the assistance of a peace officer to remove the person from the fortified building.

Debt due to the Crown

2023, c.17, s.249

64(1)The owner of a fortified building that is the subject of a closure order shall, on demand from the Director, pay the following costs to the Minister of Finance and Treasury Board in the amount certified by the Director:

(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.

64(2)An amount required to be paid by the owner is a debt due to the Crown in right of the Province and may be recovered in accordance with section 65.

2019, c.29, s.144; 2023, c.17, s.249

Recovery of Director’s costs - filing of certificate

65(1)The Director may issue a certificate stating

(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.

65(2)The certificate is evidence of the amount of the debt due to the the Crown in right of the Province by the owner at the time the certificate is issued.

65(3)The certificate may be filed in the court and shall be entered and recorded in the court and, when so entered and recorded, becomes a judgment of the court and may be enforced as a judgment obtained in the court by the Crown in right of the Province against the owner for a debt of the amount specified in the certificate.

65(4)All reasonable costs and charges attendant on the filing, entering and recording of the certificate shall be recovered as if the amount had been included in the certificate.

65(5)From the date on which an amount owed to the Crown in right of the Province under this Part is required to be paid, the amount bears interest at the rate prescribed by regulation.

2023, c.17, s.249

E

Offences and Penalties

Offences and penalties

66(1)No person shall,

(a) without the Director’s consent,

(i) remove, deface or interfere with a duly posted copy of a removal order while the removal order is in effect,

(ii) remove, deface or interfere with a duly posted copy of a closure order while the closure order is in effect,

(iii) fail to vacate a fortified building that is closed under a closure order, or

(iv) re-enter or re-occupy a fortified building that is closed under a closure order, or

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

66(2)A person who violates or fails to comply with subparagraph (1)(a)(i) or (1)(a)(ii) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

66(3)A person who violates or fails to comply with any of the following provisions commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category I offence:

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

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

(c) paragraph (1)(b).

66(4)A person who violates or fails to comply with subsection 48(3) or (4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

66(5)A person who violates or fails to comply with section 53 or 54 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

66(6)Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed under that Act in respect of an offence under subsection (2), (3) or (5) shall be $1,000.

Continuing offence

67If an offence under paragraph 66(1)(b) or subsection 66(4) continues for more than one day,

(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.

4

GENERAL

Director and employees authorized as peace officers

68The Director and any person to whom the Director delegates his or her duties and powers under this Act and the regulations, in carrying out the duties and powers of the Director, are persons employed for the preservation and maintenance of the public peace and have and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).

Assistance of other peace officers

69If requested to do so, a peace officer shall provide any assistance required by the Director in the performance of the Director’s duties and powers under this Act and the regulations.

Limitation on prosecution

70No prosecution for a contravention of this Act is to be commenced more than 2 years from the date the facts on which the alleged contravention is based first come to the knowledge of the Director.

Other remedies preserved

71The right to commence any action or proceeding under this Act is in addition to, and does not derogate from, the right to commence any other action or proceeding that exists at common law or under any other Act.

Immunity

72No action lies for damages or otherwise against the Province, the Minister, the Director or any person acting under the authority of this Act or the instructions of the Director in relation to

(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.

Conflict with the Right to Information and Protection of Privacy Act

2013, c.34, s.32

72.1If subsection 10(1), section 12 or subsection 49(1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection 10(1), section 12 or subsection 49(1), as the case may be, prevails.

2013, c.34, s.32

Administration

73The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

74The Lieutenant-Governor in Council may make regulations

(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.

2022, c.3, s.6

Consequential amendment to the The Residential Tenancies Act

75The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended by adding after section 27.1 the following:

ORDERS UNDER THE SAFER COMMUNITIES AND NEIGHBOURHOODS ACT

Orders under the Safer Communities and Neighbourhoods Act

27.2Despite any other provision of this Act, if an order is made under the Safer Communities and Neighbourhoods Act that terminates a tenancy or entitles a landlord to possession of a demised premises, the tenancy ends and the landlord is entitled to possession in accordance with the order.

Commencement

76This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

N.B. This Act was proclaimed and came into force May 7, 2010.

N.B. This Act is consolidated to June 16, 2023.

S-0.5 - Safer Communities and Neighbourhoods Act

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