Acts and Regulations

2017, c.18 - Local Governance Act

Section 139
Disposition versions

Full text
Emergency
139(1)If, on inspection of a property under section 144, the by-law enforcement officer referred to in that section is satisfied that there is nonconformity with the provisions of this Part to such an extent as to pose an emergency, the by-law enforcement officer may prepare and sign a notice referred to in section 132 requiring the owner or occupier of the premises, building or other structure in respect of which the notice is prepared to immediately carry out work to terminate the danger.
139(2)After having prepared and signed a notice referred to in subsection (1), the by-law enforcement officer may, either before or after the notice is given, take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the by-law enforcement officer who prepared the notice and the authorized employees of the local government or other persons acting on behalf of the local government may, at any time, enter the premises, building or other structure in respect of which the notice was prepared.
139(3)A local government or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the local government in the reasonable exercise of its powers under this section.
139(4)The cost of taking measures under subsection (2), including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government.
139(5)If the notice referred to in subsection (1) was not given before measures were taken under subsection (2) to terminate the danger, the by-law enforcement officer shall give a copy of the notice as soon as the circumstances permit after the measures have been taken, and the copy of the notice shall have attached to it a statement by the by-law enforcement officer describing the measures taken by the local government and providing details of the amount spent in taking the measures.
139(6)If the notice referred to in subsection (1) was given before the measures were taken under subsection (2), the by-law enforcement officer shall give a copy of the statement referred to in subsection (5) in the same manner as a notice is given under subsection 132(3) as soon as the circumstances permit after the measures have been taken.
Emergency
139(1)If, on inspection of a property under section 144, the by-law enforcement officer referred to in that section is satisfied that there is nonconformity with the provisions of this Part to such an extent as to pose an emergency, the by-law enforcement officer may prepare and sign a notice referred to in section 132 requiring the owner or occupier of the premises, building or other structure in respect of which the notice is prepared to immediately carry out work to terminate the danger.
139(2)After having prepared and signed a notice referred to in subsection (1), the by-law enforcement officer may, either before or after the notice is given, take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the by-law enforcement officer who prepared the notice and the authorized employees of the local government or other persons acting on behalf of the local government may, at any time, enter the premises, building or other structure in respect of which the notice was prepared.
139(3)A local government or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the local government in the reasonable exercise of its powers under this section.
139(4)The cost of taking measures under subsection (2), including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government.
139(5)If the notice referred to in subsection (1) was not given before measures were taken under subsection (2) to terminate the danger, the by-law enforcement officer shall give a copy of the notice as soon as the circumstances permit after the measures have been taken, and the copy of the notice shall have attached to it a statement by the by-law enforcement officer describing the measures taken by the local government and providing details of the amount spent in taking the measures.
139(6)If the notice referred to in subsection (1) was given before the measures were taken under subsection (2), the by-law enforcement officer shall give a copy of the statement referred to in subsection (5) in the same manner as a notice is given under subsection 132(3) as soon as the circumstances permit after the measures have been taken.