Acts and Regulations

M-22 - Municipalities Act

Section 102.1
Disposition versions

Full text
Enforcement of by-laws
102.1(0.1)In this section
“dwelling” means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose;(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons.(logement)
102.1(1)Subject to any restrictions set out in the officer’s appointment, an officer appointed by a municipality to administer the municipality’s by-laws may enter, at all reasonable times, upon any property within the municipality for the purpose of making any inspection that is necessary for the administration or enforcement of a by-law.
102.1(1.1)Where an entry warrant has been obtained under the Entry Warrants Act, a person who is leasing a dwelling or dwelling unit to another person shall not refuse entry to or obstruct or interfere with an officer referred to in subsection (1) who under the authority of that subsection is entering or attempting to enter the dwelling or dwelling unit to ensure compliance with a by-law under subsection 94(1) or (3) or section 190.
102.1(1.2)A person who violates or fails to comply with subsection (1.1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
102.1(1.3)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under subsection (1.2) shall be one thousand dollars.
102.1(1.4)Where an offence under subsection (1.2) continues for more than one day,
(a) the minimum fine that may be imposed is the sum of
(i) one thousand dollars, and
(ii) 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
(b) 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.
102.1(2)If an officer referred to in subsection (1) is refused admission to any property within the municipality, the officer may serve or cause to be served, on the person having control of the property, a demand that the officer named in the demand be permitted to enter upon the property in accordance with subsection (1).
102.1(3)Service may be effected under subsection (2) by personal delivery to the person having control of the property or by depositing the demand in the mail in a prepaid registered envelope addressed to the person at his or her last known address.
102.1(4)The service of a demand by mail as provided for in subsection (3) is deemed to be complete upon the expiration of six days after the demand has been deposited in the mail.
102.1(5)Proof of the service of a demand in either manner provided for in subsection (3) may be given by a certificate purporting to be signed by the officer, naming the person on whom the demand was made and specifying the time, place and manner of service of the demand.
102.1(6)A document purporting to be a certificate of the officer made pursuant to subsection (5) shall
(a) be admissible in evidence without proof of the signature, and
(b) be conclusive proof that the demand was served on the person named in the certificate.
102.1(7)When entering upon any property under the authority of this section, an officer referred to in subsection (1) may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.
102.1(8)Before or after attempting to effect entry under this section, an officer referred to in subsection (1) may apply for an entry warrant in accordance with the Entry Warrants Act.
2003, c.27, s.48; 2006, c.4, s.4
Enforcement of by-laws
102.1(0.1)In this section
“dwelling” means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose;(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons.(logement)
102.1(1)Subject to any restrictions set out in the officer’s appointment, an officer appointed by a municipality to administer the municipality’s by-laws may enter, at all reasonable times, upon any property within the municipality for the purpose of making any inspection that is necessary for the administration or enforcement of a by-law.
102.1(1.1)Where an entry warrant has been obtained under the Entry Warrants Act, a person who is leasing a dwelling or dwelling unit to another person shall not refuse entry to or obstruct or interfere with an officer referred to in subsection (1) who under the authority of that subsection is entering or attempting to enter the dwelling or dwelling unit to ensure compliance with a by-law under subsection 94(1) or (3) or section 190.
102.1(1.2)A person who violates or fails to comply with subsection (1.1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
102.1(1.3)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under subsection (1.2) shall be one thousand dollars.
102.1(1.4)Where an offence under subsection (1.2) continues for more than one day,
(a) the minimum fine that may be imposed is the sum of
(i) one thousand dollars, and
(ii) 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
(b) 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.
102.1(2)If an officer referred to in subsection (1) is refused admission to any property within the municipality, the officer may serve or cause to be served, on the person having control of the property, a demand that the officer named in the demand be permitted to enter upon the property in accordance with subsection (1).
102.1(3)Service may be effected under subsection (2) by personal delivery to the person having control of the property or by depositing the demand in the mail in a prepaid registered envelope addressed to the person at his or her last known address.
102.1(4)The service of a demand by mail as provided for in subsection (3) is deemed to be complete upon the expiration of six days after the demand has been deposited in the mail.
102.1(5)Proof of the service of a demand in either manner provided for in subsection (3) may be given by a certificate purporting to be signed by the officer, naming the person on whom the demand was made and specifying the time, place and manner of service of the demand.
102.1(6)A document purporting to be a certificate of the officer made pursuant to subsection (5) shall
(a) be admissible in evidence without proof of the signature, and
(b) be conclusive proof that the demand was served on the person named in the certificate.
102.1(7)When entering upon any property under the authority of this section, an officer referred to in subsection (1) may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.
102.1(8)Before or after attempting to effect entry under this section, an officer referred to in subsection (1) may apply for an entry warrant in accordance with the Entry Warrants Act.
2003, c.27, s.48; 2006, c.4, s.4
Enforcement of by-laws
102.1(1)Subject to any restrictions set out in the officer’s appointment, an officer appointed by a municipality to administer the municipality’s by-laws may enter, at all reasonable times, upon any property within the municipality for the purpose of making any inspection that is necessary for the administration or enforcement of a by-law.
102.1(2)If an officer referred to in subsection (1) is refused admission to any property within the municipality, the officer may serve or cause to be served, on the person having control of the property, a demand that the officer named in the demand be permitted to enter upon the property in accordance with subsection (1).
102.1(3)Service may be effected under subsection (2) by personal delivery to the person having control of the property or by depositing the demand in the mail in a prepaid registered envelope addressed to the person at his or her last known address.
102.1(4)The service of a demand by mail as provided for in subsection (3) is deemed to be complete upon the expiration of six days after the demand has been deposited in the mail.
102.1(5)Proof of the service of a demand in either manner provided for in subsection (3) may be given by a certificate purporting to be signed by the officer, naming the person on whom the demand was made and specifying the time, place and manner of service of the demand.
102.1(6)A document purporting to be a certificate of the officer made pursuant to subsection (5) shall
(a) be admissible in evidence without proof of the signature, and
(b) be conclusive proof that the demand was served on the person named in the certificate.
102.1(7)When entering upon any property under the authority of this section, an officer referred to in subsection (1) may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.
102.1(8)Before or after attempting to effect entry under this section, an officer referred to in subsection (1) may apply for an entry warrant in accordance with the Entry Warrants Act.
2003, c.27, s.48