Acts and Regulations

2017, c.18 - Local Governance Act

Section 140
Disposition versions

Full text
Offence and penalty for obstruction
140(1)No person shall refuse entry to or obstruct or interfere with a by-law enforcement officer, an authorized employee or other person referred to in subsection 137(4) or 139(2) who under the authority of that subsection is entering or attempting to enter premises or a building or other structure.
140(2)A person who violates or fails to comply with subsection (1) commits an offence that is, subject to subsections (3) and (4), punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
140(3)Despite subsection 56(6) of the Provincial Offences Procedure Act, if a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (2) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence is $1,000.
140(4)If an offence under subsection (2) continues for more than one day,
(a) if the offence was committed by a person in relation to a dwelling or dwelling unit the person is leasing to another person,
(i) the minimum fine that may be imposed is the sum of
(A) $1,000, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(b) in any other case,
(i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
Offence and penalty for obstruction
140(1)No person shall refuse entry to or obstruct or interfere with a by-law enforcement officer, an authorized employee or other person referred to in subsection 137(4) or 139(2) who under the authority of that subsection is entering or attempting to enter premises or a building or other structure.
140(2)A person who violates or fails to comply with subsection (1) commits an offence that is, subject to subsections (3) and (4), punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
140(3)Despite subsection 56(6) of the Provincial Offences Procedure Act, if a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (2) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence is $1,000.
140(4)If an offence under subsection (2) continues for more than one day,
(a) if the offence was committed by a person in relation to a dwelling or dwelling unit the person is leasing to another person,
(i) the minimum fine that may be imposed is the sum of
(A) $1,000, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(b) in any other case,
(i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.