Acts and Regulations

2017, c.18 - Local Governance Act

Section 136
Disposition versions

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Offence and penalty for failure to comply with a notice
136(1)A person who fails to comply with the terms of a notice given under section 132 commits an offence that is, subject to subsections (2) and (3), punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
136(2)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 (1) in relation to a notice given under section 132 with respect 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.
136(3)If an offence under subsection (1) continues for more than one day,
(a) if the offence was committed by a person in relation to a notice given under section 132 with respect 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.
136(4)The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on the person’s part to comply with the provisions of this Part.
Offence and penalty for failure to comply with a notice
136(1)A person who fails to comply with the terms of a notice given under section 132 commits an offence that is, subject to subsections (2) and (3), punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
136(2)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 (1) in relation to a notice given under section 132 with respect 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.
136(3)If an offence under subsection (1) continues for more than one day,
(a) if the offence was committed by a person in relation to a notice given under section 132 with respect 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.
136(4)The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on the person’s part to comply with the provisions of this Part.