Order closing premises
330.(1)Where an owner is convicted of knowingly carrying on or engaging in a trade, calling, business or occupation on, in or in respect of any premises or part of any premises without a licence required by a by-law passed under this Act, the court shall order that the premises or part of the premises be closed to any use for any period not exceeding two years. 1994, c. 37, s. 4 (1). Idem (2)Where a person is convicted of a contravention of a licensing by-law passed under this Act, other than carrying on or engaging in a trade, calling, business or occupation without a licence so to do, and the court decides that the owner or other person occupying the premises or part thereof 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 thereof be closed to any use for any period not exceeding two years. R.S.O. 1990, c. M.45, s. 330 (2); 1994, c. 37, s. 4 (2). Suspension of closing order (3)Upon the application of any person who has an interest in the premises ordered closed under subsection (1) or (2) and upon, (a) being satisfied that the use to which the premises will be put will not be in contravention of any licensing by-law passed under this Act; and (b) the posting by the applicant of a cash bond in the sum of $10,000 or such greater sum as the court determines, for such term as the court determines, for the purpose of assuring that the premises will not be used in contravention of any such by-law, the Ontario Court (General Division) may make an order suspending any order made under subsection (1) or (2) for such period and upon such conditions as are specified by the court. R.S.O. 1990, c. M.45, s. 330 (3); 1994, c. 37, s. 4 (3). Discharge of closing order (4)The Ontario Court (General Division) may discharge an order made under subsection (1) or (2) if, upon application, it 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. R.S.O. 1990, c. M.45, s. 330 (4); 1994, c. 37, s. 4 (4). Barring of entry (5)Where an order is made under subsection (1) or (2), the police force responsible for policing in the municipality or regional or metropolitan municipality, shall bar entry to all entrances to the premises or part or parts thereof named in the order until the order has been suspended or discharged pursuant to this section. R.S.O. 1990, c. M.45, s. 330 (5). Forfeiture of bond (6)Where an order made under subsection (1) or (2) is suspended under subsection (3) and a person is thereafter convicted of an offence for contravention of a licensing by-law passed under this Act in respect of the premises or part thereof referred to in the order, a judge of the Ontario Court (General Division) may, upon application, order the forfeiture of the bond and the payment to the Crown of the proceeds and may order that the suspension of the order be lifted and that the order be reinstated. R.S.O. 1990, c. M.45, s. 330 (6); 1994, c. 37, s. 4 (5). No appeal (7)No appeal lies from an order made under subsection (6). R.S.O. 1990, c. M.45, s. 330 (7). Service of notice (8)The municipality or metropolitan or regional municipality which passed a licensing by-law described in subsection (1) or (2), the contravention of which was the basis for an order made under either such subsection, is a party to any proceedings instituted under subsection (3), (4) or (6) in respect of such order, and shall be served in accordance with the rules of the court with a copy of the notice initiating the proceedings. R.S.O. 1990, c. M.45, s. 330 (8); 1994, c. 37, s. 4 (6). Where licensing by-law deemed passed by council (9)For the purposes of subsection (8), where the licensing by-law under which the conviction was made was passed by a police services board or by a licensing commission for a municipality, or regional or metropolitan municipality, as the case may be, the by-law shall be deemed to have been passed by the council of the municipality or regional or metropolitan municipality, as the case may be. R.S.O. 1990, c. M.45, s. 330 (9); 1994, c. 37, s. 4 (7). Application for suspension or discharge of closing order (10)Where an appeal is taken from an order made under subsection (1) or (2) or from a conviction in respect of which the order was made, the appellant may apply under subsection (3) for an order suspending the order made under subsection (1) or (2) until the disposition of the matter under appeal, or any person may apply under subsection (4) for a discharge of the order, but the fact that such an appeal is commenced does not stay the order. Term of closing order (11)An order made under subsection (1) or (2) shall take effect upon the pronouncement thereof and shall remain in effect during the term of the order, except to the extent that it is suspended under subsection (3) or until it is discharged under subsection (4). Description of premises (12)The description of any premises or part thereof affected by an order made under subsection (1) or (2) shall be sufficiently made in such order by reference to the municipal address of such premises. Registration (13)An order made under subsection (1) or (2) may be registered in the land registry office in which the title to the place described in the order is recorded. Definition (14)In subsections (1) and (2), “court” means the Ontario Court (Provincial Division) or a court to which an appeal may be taken under Part VII of the Provincial Offences Act. R.S.O. 1990, c. M.45, s. 330 (10-14).