hordruma/ontario_laws_and_regs huggingface dataset:
PART XV ENFORCEMENT
Conditions governing powers of entry
375 (1) Unless otherwise provided in this Act, in an order under section 378 or in a warrant under section 379, the following conditions apply to the exercise of a power of entry under this Act: 1. The power of entry shall be exercised by an employee, officer or agent of the City or a member of the city police force. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 375 (1) of the Act is amended by striking out “police force” at the end and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 10 (17)) 2. The person exercising the power must on request display or produce proper identification. 3. The person exercising the power may be accompanied by a person under his or her direction. 4. Notice of the proposed entry shall be provided to the occupier of the land, except, i. where the entry is authorized under section 376, clause 377 (a) or (d) or section 379, ii. where the entry is authorized under section 378 in respect of a premises other than a room or place actually used as a dwelling, iii. where entry is authorized onto land under section 49, 70 or 76 or Part XIV (Sale of Land for Tax Arrears (Real Property Taxes)), or iv. where the delay necessary to give notice of the entry would result in an immediate danger to the health or safety of any person. 5. The City shall restore the land to its original condition in so far as is practicable and shall provide compensation for any damages caused by the entry or by anything done on the land except where the entry, i. is under section 386, or ii. is under Part XIV if, under that Part, the treasurer registers a notice of vesting, in the name of the City, in respect of the land.  2006, c. 11, Sched. A, s. 375 (1); 2006, c. 32, Sched. B, s. 73 (1, 2). Notice (2) Where subsection (1) requires that notice of a proposed exercise of a power of entry be given, the notice must satisfy the following requirements: 1. The notice must be given to the occupier of the land in respect of which the power of entry will be exercised. 2. The notice must be given within a reasonable time before the power of entry is exercised. 3. The notice must be given by personal service in the case of a proposed exercise of a power of entry under section 63, 64 or 386 in respect of a room or place actually used as a dwelling. 4. In the case of a proposed exercise of a power of entry other than one described in paragraph 3, the notice must be given by personal service or prepaid mail or by posting the notice on the land in a conspicuous place.  2006, c. 11, Sched. A, s. 375 (2); 2006, c. 32, Sched. B, s. 73 (3). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 73 (1-3) - 01/01/2007 2018, c. 3, Sched. 5, s. 11 (17) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (17) - not in force
PART XV ENFORCEMENT
Power of entry re inspection
376 (1) The City has the power to pass by-laws providing that the City may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: 1. A by-law passed under this Act. 2. A direction or order of the City made under this Act or made under a by-law passed under this Act. 3. A condition of a licence issued under a by-law passed under this Act. 4. An order made under section 372.  2006, c. 11, Sched. A, s. 376 (1); 2006, c. 32, Sched. B, s. 74. Inspection powers (2) By-laws passed under subsection (1) may provide that for the purposes of an inspection the City may, (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.  2006, c. 11, Sched. A, s. 376 (2). Samples (3) A sample taken under clause (2) (d) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if, (a) the person requests that the sample be divided at the time it is taken and provides the necessary facilities; and (b) it is technically feasible to divide the sample. 2017, c. 10, Sched. 2, s. 63. Same (4) If a sample is taken under clause (2) (d) and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.  2006, c. 11, Sched. A, s. 376 (4). Receipt (5) A receipt shall be provided for any document or thing removed under clause (2) (b) and the document or thing shall be promptly returned after the copies or extracts are made.  2006, c. 11, Sched. A, s. 376 (5). Evidence (6) Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.  2006, c. 11, Sched. A, s. 376 (6). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 74 - 01/01/2007 2017, c. 10, Sched. 2, s. 63 - 30/05/2017
PART XV ENFORCEMENT
Restriction re dwellings
377 Despite any provision of this Act, a person exercising a power of entry on behalf of the City under this Act shall not enter or remain in any room or place actually being used as a dwelling unless, (a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 378 or a warrant issued under section 360 or 379; (b) an order issued under section 378 is obtained; (c) a warrant issued under section 379 is obtained; (c.1) a warrant issued under section 360 is obtained; (d) the delay necessary to obtain an order under section 378, to obtain a warrant under section 379 or to obtain the consent of the occupier would result in an immediate danger to the health or safety of any person; or (e) the City has given notice of its intention to enter to the occupier of the land as required under subsection 375 (2) and the entry is authorized under section 63, 64 or 386. 2006, c. 11, Sched. A, s. 377; 2006, c. 32, Sched. B, s. 75. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 75 - 01/01/2007
PART XV ENFORCEMENT
Inspection pursuant to order
378 (1) The City has the power to pass by-laws providing that the City may, in the circumstances set out in the by-laws, undertake inspections pursuant to orders under this section.  2006, c. 11, Sched. A, s. 378 (1). Order (2) A provincial judge or justice of the peace may issue an order authorizing the City to enter on land for the purpose of carrying out an inspection for a purpose described in subsection 376 (1) and to exercise powers described in clauses 376 (2) (a) to (d) as specified in the order if he or she is satisfied by evidence under oath, (a) that the circumstances of the inspection are provided for in a by-law under subsection (1); (b) that the inspection is reasonably necessary; and (c) that one of the following conditions exists: (i) where there is no by-law under section 376 which provides for inspections in such circumstances, the City has made a reasonable attempt to obtain the occupier’s consent for the inspection, (ii) where there is a by-law under section 376 which provides for inspections in such circumstances, the City has been prevented or is likely to be prevented from doing anything set out in subsection 376 (1) or (2).  2006, c. 11, Sched. A, s. 378 (2); 2006, c. 32, Sched. B, s. 76 (1). Expiry of order (3) An order under this section shall state the date on which it expires, which date shall be not later than 30 days after the order is issued.  2006, c. 11, Sched. A, s. 378 (3). Time for execution (4) An order under this section may be executed only between 6 a.m. and 9 p.m. unless the order provides otherwise.  2006, c. 11, Sched. A, s. 378 (4). Notice (5) In the case of an order authorizing an inspection of a room or place actually being used as a dwelling, the occupier must be given notice concerning when the inspection will be carried out.  2006, c. 11, Sched. A, s. 378 (5). Application without notice (6) An order under this section may be issued on application without notice.  2006, c. 11, Sched. A, s. 378 (6). Interpretation (7) A by-law may be passed under subsection (1) and orders may be issued under subsection (2) whether or not there is a by-law under section 376.  2006, c. 11, Sched. A, s. 378 (7). Application (8) Subsections 376 (3) to (6) apply with necessary modifications to an inspection authorized by an order under this section.  2006, c. 32, Sched. B, s. 76 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 76 (1, 2) - 01/01/2007
PART XV ENFORCEMENT
Search warrant
379 (1) A provincial judge or justice of the peace may issue a warrant authorizing a person named in the warrant to enter and search a building, receptacle or place for the evidence specified in the warrant if he or she is satisfied by information on oath that there is reasonable ground to believe that, (a) an offence under this Act or a by-law passed under this Act has been committed; and (b) the entry into and search of the building, receptacle or place will afford evidence relevant to the commission of the offence.  2006, c. 11, Sched. A, s. 379 (1). Seizure (2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize evidence specified in the warrant that there is reasonable ground to believe will afford evidence relevant to the commission of the offence.  2006, c. 11, Sched. A, s. 379 (2); 2006, c. 32, Sched. B, s. 77. Same (3) A person who seizes something under a search warrant shall, (a) give a receipt for the thing seized to the person from whom it was seized; and (b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.  2006, c. 11, Sched. A, s. 379 (3). Time for execution (4) A search warrant may be executed only between 6 a.m. and 9 p.m. unless it provides otherwise.  2006, c. 11, Sched. A, s. 379 (4). Application (5) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.  2006, c. 11, Sched. A, s. 379 (5). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 77 - 01/01/2007 General Enforcement Powers
PART XV ENFORCEMENT
Power to restrain
380 If any city by-law or by-law of a local board of the City under this or any other Act is contravened, in addition to any other remedy and to any penalty imposed by the by-law, the contravention may be restrained by application at the instance of a taxpayer or the City or local board.  2006, c. 11, Sched. A, s. 380; 2006, c. 32, Sched. B, s. 78. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 78 - 01/01/2007
PART XV ENFORCEMENT
Collection of unpaid licensing fines
381 (1) The City may authorize the treasurer or his or her agent to give the notice under subsection (2) at the times and in the manner set out in the by-law.  2006, c. 11, Sched. A, s. 381 (1). Notice (2) If any part of a fine for a contravention of a by-law passed under paragraph 11 of subsection 8 (2) remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, including any extension of time for payment under section 66 or 66.0.1 of that Act, the authorized officer may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than 21 days after the date of the notice.  2006, c. 11, Sched. A, s. 381 (2); 2017, c. 34, Sched. 35, s. 26. Seizure (3) If the fine remains unpaid after the final date specified in the notice, the fine is deemed to be unpaid taxes for the purposes of section 316.  2006, c. 11, Sched. A, s. 381 (3). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 26 - 01/11/2021
PART XV ENFORCEMENT
Unpaid fines
381.1 The treasurer of the City may add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial Offences Act to the tax roll for any property in the City for which all of the owners are responsible for paying the fine and collect it in the same manner as municipal taxes.  2009, c. 33, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 2 - 15/06/2010
PART XV ENFORCEMENT
Enforcement of agreements, etc.
382 Where a duty or liability is imposed by statute or agreement upon any person in favour of the City or in favour of some or all of the residents of the City, the City may enforce it and obtain such relief and remedy as could be obtained, (a) in a proceeding by the Attorney General; (b) in a relator proceeding by any person in the name of the Attorney General; or (c) in a proceeding by the residents on their own behalf or on behalf of themselves and other residents.  2006, c. 11, Sched. A, s. 382.
PART XV ENFORCEMENT
Enforcement of loans made by the City
383 (1) If the City makes a loan to any person to pay for the whole or any part of the cost of the person complying with a by-law of the City, the City may add the amount of the loan, together with interest at the rate of the loan given by the City, to the tax roll for any land located in the City if all the owners of the land are responsible for repaying the loan, and the City may collect the amount owing in the same manner as municipal taxes over a period of years determined by the City.  2006, c. 11, Sched. A, s. 383 (1). Lien (2) The amount of the loan, including interest accrued to the date the loan is repaid, is a lien on land upon the registration in the proper land registry office of a notice of lien.  2006, c. 11, Sched. A, s. 383 (2). Discharge (3) When a loan is repaid in full, including interest, the City shall register a discharge of lien in the proper land registry office.  2006, c. 11, Sched. A, s. 383 (3). City Orders and Remedial Actions
PART XV ENFORCEMENT
Order to discontinue activity
384 (1) If the City is satisfied that a contravention of a city by-law passed under this Act has occurred, the City may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity.  2006, c. 11, Sched. A, s. 384 (1). Same (2) An order under subsection (1) shall set out, (a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and (b) the date by which there must be compliance with the order.  2006, c. 11, Sched. A, s. 384 (2). Offence (3) A city by-law under section 366 may provide that any person who contravenes an order under subsection (1) is guilty of an offence.  2006, c. 11, Sched. A, s. 384 (3).
PART XV ENFORCEMENT
Work order
385 (1) If the City is satisfied that a contravention of a city by-law passed under this Act has occurred, the City may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention.  2006, c. 11, Sched. A, s. 385 (1); 2009, c. 33, Sched. 21, s. 4 (29). Same (2) An order under subsection (1) shall set out, (a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; (b) the work to be done and the date by which the work must be done.  2006, c. 11, Sched. A, s. 385 (2). Same (3) An order under subsection (1) may require work to be done even though the facts which constitute the contravention of the by-law were present before the by-law making them a contravention came into force.  2006, c. 11, Sched. A, s. 385 (3). Offence (4) A city by-law under section 366 may provide that any person who contravenes an order under subsection (1) is guilty of an offence.  2006, c. 11, Sched. A, s. 385 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (29) - 25/01/2010
PART XV ENFORCEMENT
Remedial action
386 (1) If the City has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the City may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense.  2006, c. 11, Sched. A, s. 386 (1). Entry upon land (2) For the purposes of subsection (1), the City may enter upon land at any reasonable time.  2006, c. 11, Sched. A, s. 386 (2). Recovery of costs (3) The City may recover the costs of doing a matter or thing under subsection (1) from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.  2006, c. 11, Sched. A, s. 386 (3). Interest (4) The costs include interest calculated at a rate of 15 per cent or such lesser rate as may be determined by the City, calculated for the period commencing on the day the City incurs the costs and ending on the day the costs, including the interest, are paid in full.  2006, c. 11, Sched. A, s. 386 (4). Lien for costs (5) The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien.  2006, c. 11, Sched. A, s. 386 (5). Same (6) The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued at the rate established under subsection (4) to the date the payment is made.  2006, c. 11, Sched. A, s. 386 (6). Effect of payment (7) Upon receiving payment of all costs payable plus interest accrued to the date of payment, the City shall register a discharge of the lien in the proper land registry office.  2006, c. 11, Sched. A, s. 386 (7). Court Orders to Close Premises
PART XV ENFORCEMENT
Inspection of buildings containing marijuana grow operations
388.1 (1) If the clerk of the City is notified in writing by a police force that a building located on land in the City contained a marijuana grow operation, the City shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.  2006, c. 32, Sched. B, s. 79. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 388.1 (1) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 10 (21)) Persons who may conduct inspection (2) An inspection referred to in subsection (1) may be conducted by, (a) a by-law enforcement officer of any municipality or of any local board of any municipality; or (b) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.  2006, c. 32, Sched. B, s. 79. Nature of inspection (3) The requirement in subsection (1) for an inspection is for an inspection that includes entering upon the land and into the building.  2006, c. 32, Sched. B, s. 79. Powers to conduct inspection (4) The inspection shall be conducted pursuant to the powers of entry and inspection that the person conducting the inspection otherwise has under law, but only to the extent that the person conducting the inspection is able to do so.  2006, c. 32, Sched. B, s. 79. Action to be taken (5) Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.  2006, c. 32, Sched. B, s. 79. Definition (6) In this section, “police force” means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police.  2006, c. 32, Sched. B, s. 79. Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “police force” in subsection 388.1 (6) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 10 (22)) “police service” means a police service as defined under the Community Safety and Policing Act, 2019 or the Royal Canadian Mounted Police. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 79 - 01/01/2007 2018, c. 3, Sched. 5, s. 11 (21, 22) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (21, 22) - not in force
PART XV ENFORCEMENT
Co-ordination of enforcement
388.2 (1) Without limiting sections 7 and 8, those sections authorize the City to enter into agreements with a person or body in relation to matters of mutual interest for the purpose of co-ordinating the enforcement of by-laws, statutes and regulations.  2006, c. 32, Sched. B, s. 79. Other matters not affected (2) Subsection (1) does not affect the interpretation of other provisions of this Act, any other Act or any regulation made under this or any other Act.  2006, c. 32, Sched. B, s. 79. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 79 - 01/01/2007 Application to Other Acts
PART XV ENFORCEMENT
Application of Part to other Acts
389 (1) This Part applies with necessary modifications to by-laws passed by the City or the police services board of the City under any other Act except as otherwise provided in the other Act.  2006, c. 11, Sched. A, s. 389 (1). Exceptions (2) Despite subsection (1), sections 375 to 379, 384 and 385 do not apply to by-laws passed by the City or the police services board under any other Act.  2006, c. 11, Sched. A, s. 389 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 389 of the Act is amended by striking out “police services board” wherever it appears and substituting in each case “police service board”. (See: 2019, c. 1, Sched. 4, s. 10 (23)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 11 (23) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (23) - not in force part xvi   liability of the City
PART XVI LIABILITY OF THE CITY
Immunity re policy decisions
390 No proceeding based on negligence in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of the City or a local board of the City made in a good faith exercise of the discretion, shall be commenced against, (a) the City or a local board of the City; (b) a member of city council or a member of a local board of the City; or (c) an officer, employee or agent of the City or an officer, employee or agent of a local board of the City.  2006, c. 11, Sched. A, s. 390.
PART XVI LIABILITY OF THE CITY
Immunity re performance of duty
391 (1) No proceeding for damages or otherwise shall be commenced against a member of city council, an officer, employee or agent of the City or a person acting under the instructions of the officer, employee or agent for any act done in good faith in the performance or intended performance of a duty or authority under this Act or a by-law passed under it or for any alleged neglect or default in the performance in good faith of the duty or authority.  2006, c. 11, Sched. A, s. 391 (1). Liability for torts (2) Subsection (1) does not relieve the City of liability to which it would otherwise be subject in respect of a tort committed by a member of city council, an officer, employee or agent of the City or a person acting under the instructions of such an officer, employee or agent.  2006, c. 11, Sched. A, s. 391 (2).