PART XV ENFORCEMENT
Closing premises, public nuisance
388 (1) Upon application by the City, the Superior Court of Justice may make an order requiring that all or part of a premises within the City be closed to any use for a period not exceeding two years if, on the balance of probabilities, the court is satisfied that, (a) activities or circumstances on or in the premises constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises; (b) the public nuisance has a detrimental impact on the use and enjoyment of property in the vicinity of the premises, including, but not limited to, impacts such as, (i) trespass to property, (ii) interference with the use of highways and other public places, (iii) an increase in garbage, noise or traffic or the creation of unusual traffic patterns, (iv) activities that have a significant impact on property values, (v) an increase in harassment or intimidation, or (vi) the presence of graffiti; and (c) the owner or occupants of the premises or part of the premises knew or ought to have known that the activities or circumstances constituting the public nuisance were taking place or existed and did not take adequate steps to eliminate the public nuisance.  2006, c. 11, Sched. A, s. 388 (1). Consent (2) The City shall not make an application under subsection (1) with respect to a premises without the consent of the chief of police and the consent shall not be refused unless, in the opinion of the chief of police, the application may have an impact on the operations of the police.  2006, c. 11, Sched. A, s. 388 (2). Notice to Attorney General (3) After obtaining a consent under subsection (2) but before making an application under subsection (1), the City shall give 15 days notice of its intention to make an application under subsection (1) to the Attorney General.  2006, c. 11, Sched. A, s. 388 (3). Resulting action (4) The following conditions apply with respect to a notice given to the Attorney General under subsection (3): 1. If the Attorney General does not provide any comment to the City with respect to the application within the 15-day period, the City may proceed with the application. 2. If the Attorney General provides comments to the City supporting the application within the 15-day period, the City may immediately proceed with the application. 3. If the Attorney General provides comments to the City opposing the application within the 15-day period, the City may not proceed with the application.  2006, c. 11, Sched. A, s. 388 (4). Action by Attorney General (5) The Attorney General may, at any time, take over or terminate an application under subsection (1) or be heard in person or by counsel on the application.  2006, c. 11, Sched. A, s. 388 (5). Contents of notice (6) A notice under subsection (3) shall include a description of, (a) the premises with respect to which the City intends to make the application; (b) the activities or circumstances on or in the premises which, in the opinion of the City, constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises; and (c) the detrimental impact on the use and enjoyment of property in the vicinity of the premises which, in the opinion of the City, is caused by the activities or circumstances described in clause (b).  2006, c. 11, Sched. A, s. 388 (6). Suspension of closing order (7) Upon the application of any person who has an interest in the premises, the Superior Court of Justice may make an order suspending an order made under subsection (1) to permit such use, for such period and upon such conditions imposed on the applicant, including the posting of security, as may be specified by the court if, on the balance of probabilities, the court is satisfied that the use will not result in activities and circumstances constituting a public nuisance.  2006, c. 11, Sched. A, s. 388 (7). Discharge of closing order (8) Upon the application of any person who has an interest in the premises, the Superior Court of Justice may make an order discharging an order made under subsection (1) if, on the balance of probabilities, the court is satisfied that circumstances have changed to the extent that after the discharge of the order the premises will not be used in a manner which will result in activities and circumstances constituting a public nuisance.  2006, c. 11, Sched. A, s. 388 (8). Barring entry (9) 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. 388 (9). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 388 (9) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 10 (20)) No stay of order (10) An application under this section does not stay an order under subsection (1).  2006, c. 11, Sched. A, s. 388 (10). City to be party (11) The City is entitled to be a party in proceedings under subsection (7) or (8) and shall be served with a copy of the notice initiating proceedings in accordance with the rules of the court.  2006, c. 11, Sched. A, s. 388 (11). Notice (12) Notice of an application under this section shall be served on the Attorney General who is entitled to be heard in person or by counsel on the application.  2006, c. 11, Sched. A, s. 388 (12). Description of premises (13) For the purpose of an order under this section, the municipal address of the premises is a sufficient description of the premises or part of the premises affected by the order.  2006, c. 11, Sched. A, s. 388 (13). Registration (14) An order under this section may be registered in the proper land registry office.  2006, c. 11, Sched. A, s. 388 (14). Right not affected (15) Nothing in this section affects the Attorney General’s right to bring an injunction in the public interest.  2006, c. 11, Sched. A, s. 388 (15). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 11 (20) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (20) - not in force