Closing premises, public nuisance
329.1 (1) Upon the application of a municipality, the Superior Court of Justice may make an order requiring that all or part of a premises within the municipality 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 on 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. 2001, c. 25, s. 478 (13). Consent (2) A municipality shall not make an application under subsection (1) with respect to a premises without the consent of the chief of police of the municipal police force or the detachment commander of the Ontario Provincial Police detachment that is responsible for policing the area which includes the premises and the consent shall not be refused unless, in the opinion of the chief of police or detachment commander, as the case may be, the application may have an impact on the operations of the police. 2001, c. 25, s. 478 (13). Notice to Attorney General (3) After obtaining a consent under subsection (2) but before making an application under subsection (1), the municipality shall give 15 days notice of its intention to make an application under subsection (1) to the Attorney General. 2001, c. 25, s. 478 (13). Resulting action (4) The following 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 municipality with respect to the application within the 15-day comment period, the municipality may proceed with the application. 2. If the Attorney General provides comments to the municipality supporting the application within the 15-day comment period, the municipality may immediately proceed with the application. 3. If the Attorney General provides comments to the municipality opposing the application within the 15-day comment period, the municipality may not proceed with the application. 2001, c. 25, s. 478 (13). 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. 2001, c. 25, s. 478 (13). Contents of notice (6) A notice under subsection (3) shall include a description of, (a) the premises with respect to which the municipality intends to make the application; (b) the activities or circumstances on or in the premises which, in the opinion of the municipality, 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 municipality, is caused by the activities or circumstances described in clause (b). 2001, c. 25, s. 478 (13). 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 on the applicant, including the posting of security, 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. 2001, c. 25, s. 478 (13). 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. 2001, c. 25, s. 478 (13). Barring entry (9) If a closing order is made under this section, the police force responsible for policing in the municipality 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. 2001, c. 25, s. 478 (13). No stay of order (10) An application under this section does not stay an order under subsection (1). 2001, c. 25, s. 478 (13). Municipality to be party (11) A municipality that obtains an order with respect to a premises under subsection (1) is entitled to be a party in proceedings under subsection (7) or (8) with respect to the premises and shall be served with a copy of the notice initiating proceedings in accordance with the rules of the court. 2001, c. 25, s. 478 (13). 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. 2001, c. 25, s. 478 (13). 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. 2001, c. 25, s. 478 (13). Registration (14) An order under this section may be registered in the proper land registry office. 2001, c. 25, s. 478 (13). Right not affected (15) Nothing in this section affects the Attorney General’s right to bring an injunction in the public interest. 2001, c. 25, s. 478 (13). Interpretation (16) In this section, “municipality” includes a regional and district municipality and the County of Oxford. 2001, c. 25, s. 478 (13).