PART XV ENFORCEMENT
Closing premises, lack of licence
387 (1) Where an owner is convicted of knowingly carrying on or engaging in a trade, business or occupation on, in or in respect of any premises or any part of any premises without a licence required by a by-law under paragraph 11 of subsection 8 (2), the court may order that the premises or part of the premises be closed to any use for a period not exceeding two years.  2006, c. 11, Sched. A, s. 387 (1). Same (2) Where a person is convicted of a contravention of a licensing by-law passed under this Act, other than a conviction described in subsection (1), and the court determines that the owner or occupant of the premises or part of the premises in respect of which the conviction was made knew or ought to have known of the conduct which formed the subject matter of the conviction or of any pattern of similar conduct, the court may order that the premises or part of the premises be closed to any use for a period not exceeding two years.  2006, c. 11, Sched. A, s. 387 (2). Suspension of closing order (3) Upon application of any person who has an interest in the premises ordered closed under this section, the Superior Court of Justice may suspend any closing order for such period and upon such conditions as are specified by the court, (a) if the court is satisfied that the use to which the premises will be put will not contravene a licensing by-law under this Act; and (b) if the applicant posts a cash bond for $10,000 or such greater sum as the court determines, for such term as the court determines, to ensure that the premises will not be used in contravention of any by-law.  2006, c. 11, Sched. A, s. 387 (3). Discharge of closing order (4) The Superior Court of Justice may discharge a closing order if, upon application, the court is satisfied that, (a) there has been or will be a change in the effective ownership of the premises subsequent to the commission of an offence described in subsection (1) or (2); and (b) the new owner can ensure that there will be no contravention of any licensing by-law passed under this Act.  2006, c. 11, Sched. A, s. 387 (4). Barring of entry (5) If a closing order is made under this section, the city police force shall bar entry to all entrances to the premises or parts of the premises named in the order until the order has been suspended or discharged under this section.  2006, c. 11, Sched. A, s. 387 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 387 (5) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 10 (18)) Forfeiture of bond (6) If a closing order is suspended under subsection (3) and after the suspension a person is convicted of an offence for contravening a licensing by-law under this Act in respect of the premises or part of them referred to in the closing order, a judge of the Superior Court of Justice may, upon application, order the forfeiture of the bond and the payment to the City of the proceeds and order the suspension lifted and the closing order reinstated.  2006, c. 11, Sched. A, s. 387 (6); 2017, c. 10, Sched. 2, s. 64 (1). No appeal (7) No appeal lies from an order made under subsection (6).  2006, c. 11, Sched. A, s. 387 (7). Notice (8) The City is a party to any proceedings instituted under subsection (3), (4) or (6) in respect of the order and shall be given notice of the proceedings in accordance with the rules of the court.  2006, c. 11, Sched. A, s. 387 (8). By-law deemed passed by city council (9) For the purposes of subsections (6) and (8), if the licensing by-law was passed by the police services board or by any other person or body to whom the City has delegated the power to pass the by-law, the by-law is deemed to have been passed by the City.  2006, c. 11, Sched. A, s. 387 (9); 2017, c. 10, Sched. 2, s. 64 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 387 (9) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 10 (19)) Application for suspension or discharge of closing order (10) Where an appeal is taken from a closing order or from a conviction in respect of which the order was made, the appellant may apply under subsection (3) for a suspension of the closing order until the disposition of the matter under appeal or any person may apply under subsection (4) for a discharge of the order but the commencement of an appeal does not stay the order.  2006, c. 11, Sched. A, s. 387 (10). Description of premises (11) The description of any premises in a closing order by reference to its municipal address is sufficient for the purposes of the order.  2006, c. 11, Sched. A, s. 387 (11). Registration (12) A closing order may be registered in the proper land registry office.  2006, c. 11, Sched. A, s. 387 (12). Definition (13) In subsections (1) and (2), “court” means the Ontario Court of Justice or a court to which an appeal may be taken under Part VII of the Provincial Offences Act.  2006, c. 11, Sched. A, s. 387 (13). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 64 (1, 2) - 30/05/2017 2018, c. 3, Sched. 5, s. 11 (18, 19) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (18, 19) - not in force