By-laws respecting nuisances, noise and other matters

323.   The Council may make by-laws

Nuisances may be prohibited

(a) for preventing, abating, and prohibiting nuisances;

Disturbing noises

(b) for regulating the making or causing of noises or sounds anywhere within the city which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of persons in the vicinity, or which, in the opinion of the Council, are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; and may make different regulations or prohibitions for different areas of the city; and for providing for exceptional cases, where such noises may, with the permission of the Mayor or an official of the city designated by by-law, be permitted for limited periods, and for providing that the owner or occupant of any real property shall be deemed to be responsible for any noise emanating or which has regularly emanated from such real property and shall be liable to the penalties provided in the by-law; no penalty shall be imposed upon any person as owner without such person being given a reasonable opportunity to show cause why such penalty should not be imposed;

Firearms and fireworks

(c) for regulating the discharge of firearms or the exploding of firecrackers and other fireworks;

Regulation of sale and possession of fireworks

(d) for regulating the sale or disposal to minors and others of rockets, firecrackers, Roman candles or other fireworks, and for regulating their possession, and providing that, where rockets, firecrackers, Roman candles or other fireworks are being held in violation of the by-law, they may be seized and disposed of without compensation;

Blasting

(e) for regulating the use of any explosive agent for blasting, and for regulating and requiring persons engaged in blasting to give security for damage to persons who, or whose property, may be injured thereby;

Junk

(f) for regulating the keeping, storing, or offering for sale of junk, used materials, machinery, or vehicles, or parts thereof, and places where machinery or vehicles, or parts thereof, are disassembled, broken up, reassembled, or processed;

Waste materials

(g) for regulating the buying or collecting of rags, bottles, cast-off clothing, and other used or waste materials and things, and for requiring the cleansing and sterilization or other treatment thereof, before they are disposed of, by those who buy or collect them as aforesaid;

Fumigating agents

(h) for regulating the sale or use of materials giving off poison gas and other fumigating agents which are poisonous, and for regulating and requiring persons engaged in the business of fumigating rooms or premises, or keeping, storing, or transporting noxious fumigating materials to be registered as provided by by-law;

Refrigerants

(i) subject to the Safety Standards Act, for regulating the use of poisonous refrigerants or other noxious materials employed in bringing about changes in temperature;

Public bathing-pools

(j) for regulating the use of bathing-pools and swimming-pools to which the public is admitted, and for prescribing the means and frequency of changing the water therein and of keeping them free from contamination and from the possibility of communicating disease to persons using them;

Laundries

(k) for regulating the use of buildings and places for laundries, and for ensuring that cleanliness and sanitary conditions are observed therein;

Excavations to be filled

(l) for requiring the owner or occupier of any real property to fill up any well, cellar, excavation, depression, septic tank, privy-vault, or cesspool where, in the opinion of the Medical Health Officer, its continuance would be dangerous to health;

Removal of rubbish

(m) for requiring the owner or occupier of any real property to remove therefrom any accumulation of rubbish, discarded materials, garbage, ashes, or filth, or any unsightly accumulation of graffiti, and lawfully to dispose of the same;

Transportation of offensive material

(n) for regulating the transportation upon any street of offal, decayed materials, or other offensive matter or thing;

Smoke and dust regulation

(o) for regulating the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes, or other effluvia into the air from any building or premises, boat, ship, or vessel, and for requiring every owner or occupier of such building or premises and the owner or master of any boat, ship, or vessel to take such precautions and make such changes in, or additions to, any combustion-chamber, chimney, flue, stack, or equipment from or through which such emission takes place as will eliminate or reduce such emission to the extent required by the by-law;

Scale of density of emissions

(p) for establishing or adopting a scale for grading the density of such emissions and for fixing degrees of density not to be exceeded in respect of such emissions;

Permit for certain equipment

(q) for requiring persons constructing or installing combustion-chambers of any kind or any apparatus or equipment by which such emissions are caused to obtain a permit from the city before commencing such construction or installation, and for authorizing the withholding of such a permit unless the provisions of the by-law are complied with;

Brush and weeds to be cleared

(r) for requiring the owner or occupier of any parcel to clear the parcel of brush, trees, noxious weeds, or other growths;

Disposal of waste

(s) for requiring manufacturers and processors to dispose of the waste from their plants in the manner directed by the by-law;

Mill-waste

(t) for defining mill-waste, and for regulating the disposal thereof, and for compelling the owners or operators of mills of all kinds to dispose of mill-waste in the manner directed by the by-law;

Standard of maintenance

(u) in respect of a standard of maintenance, for

(i) requiring the owners or occupants of real property to maintain the property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood, and

(ii) providing that, in the case where the premises are not occupied by the owner of the property, the city may take action under section 336 but not until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;

Graffiti

(v) for prohibiting, for the purpose of preventing unsightliness on real property, persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place.

1953-55-323; 1955-114-12; 1958-72-22,23; 1966-69-13; 1972-67-26; 1973-93-12; 1974-104-35; 1989-73-5; 1990-76-7; 2003-39-101; 2009-22-83; 2020-1-10; 2022-15-62; 2023-16-30.

By-laws respecting impoundment and keeping of animals

324.   The Council may make by-laws providing

Impounding of animals

(a) for the seizure, impounding, and detention of unlicensed dogs and of dogs, horses, cattle, and other animals unlawfully permitted to be upon a street or at large;

Pound charges

(b) for reasonable charges to be imposed by the city for their seizure, impounding, and detention and their maintenance while impounded;

Disposition of impounded animals

(c) for their sale or destruction in cases where such charges are not paid or where under the terms of the by-law such sale or destruction is prescribed;

Pounds

(d) for establishing and maintaining such buildings, yards, enclosures, and other facilities for the keeping and disposition of impounded animals as may be necessary;

Pound-keeper

(e) for the appointment of a pound-keeper and assistants;

Dogs to be muzzled

(f) for requiring that owners, possessors, and harbourers of dogs, or any class of dogs, shall keep them effectively muzzled while they are at large or upon a street, or shall keep them on leash, or under the control of a competent person while upon a street, as the by-law may direct;

Keeping of animals

(g) for regulating the keeping of horses, dogs, cows, goats, swine, rabbits, and other animals, and for defining areas within which such animals may be kept or within which the keeping of them is prohibited;

Regulations of kennels, etc.

(h) for regulating kennels or other places for the care, breeding, hospitalization, or boarding of cats, dogs, or other animals, including mink, foxes, and other undomesticated animals, and for defining areas within which such kennels or places shall be permitted or within which they are prohibited;

Keeping of birds

(i) for regulating the keeping of domestic poultry, pigeons, and other birds, and for defining areas within which such birds may be kept or within which the keeping of them is prohibited;

Seizure of any dog that bites

(j) for the seizure, impounding and detention for a period of up to 21 days of any dog alleged to have bitten a person.

1953-55-324; 1987-52-27.

Dangerous dogs

324.1   (1) In this section:

"dangerous dog" means a dog that

(a) has killed or seriously injured a person,

(b) has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or

(c) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person.

(2) In addition to the authority under section 324 but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the animal is a dangerous dog.

(3) Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (b) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of

(a) attempting to prevent a person from committing an unlawful act, or

(b) performing law enforcement work.

(4) An animal control officer may enter a place to exercise the power under subsection (2),

(a) in any case, with the consent of the owner or occupier of the place,

(b) in any case, in accordance with a warrant under subsection (5) or (6), or

(c) if the circumstances referred to in subsection (8) apply, in accordance with that subsection.

(5) If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that there is a dangerous dog in a place, a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.

(6) If

(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and

(b) the officer believes on reasonable grounds that there is a dangerous dog in a place,

the officer may apply for a warrant in accordance with the regulations under subsection (7).

(7) The Lieutenant Governor in Council may make regulations respecting the authority and procedure for warrants under subsection (6).

(8) Subject to subsection (9), an animal control officer may, without a warrant, enter and search any place except a place that is occupied as a private dwelling, and seize a dog, if the officer believes on reasonable grounds that

(a) the dog is a dangerous dog,

(b) the dog presents an imminent danger to the public, and

(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.

(9) For the purposes of subsection (8), an animal control officer who is not a police officer must be accompanied by a police officer.

(10) In addition to any other authority, if an animal control officer has reasonable grounds to believe that a dog is a dangerous dog, the officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.

(11) A dog that has been seized under this section may not be impounded and detained for more than 21 days unless court proceedings for a destruction order are commenced within that time.

(12) Section 324 (b) applies in relation to seizure under this section.

2000-26-70; 2003-52-512; 2024-3-12.

Remedial action to address nuisance or danger

324A   (1) The Council may, by resolution or bylaw, declare that any of the following is a nuisance or a danger to public health or safety and impose a remedial action requirement to address the nuisance or danger:

(a) a building, a structure, an erection of any kind, or a similar matter or thing;

(b) a natural or artificial opening in the ground, or a similar matter or thing;

(c) a drain, a ditch, a watercourse, a pond, surface water, or a similar matter or thing;

(d) a matter or thing that is in or about any matter or thing referred to in paragraphs (a) to (c);

(e) a tree;

(f) wires, cables, or similar matters or things, that are on, in, over, under or along a street;

(g) matters or things that are attached to a structure, erection or other matter or thing referred to in paragraph (a) that is on, in, over, under or along a street;

(h) any other matter or thing that is in or on any private or public land, street or road.

(2) A remedial action requirement may

(a) be imposed on one or more of the following:

(i) the owner or lessee of the matter or thing;

(ii) the owner or occupier of the land on which the matter or thing is located, and

(b) require the person to do any of the following in relation to the matter or thing:

(i) remove or demolish it;

(ii) fill it in, cover it or alter it;

(iii) otherwise deal with it as specified in the resolution or bylaw.

(3) A resolution or bylaw imposing a remedial action requirement must specify the time by which the required action must be completed.

(4) Subject to section 324D, the time specified under subsection (3) must not be earlier than 30 days after notice is given under subsection (7) or (8).

(5) The Council may, by resolution or bylaw, extend the time for completing the required action even though the time limit previously established has expired.

(6) A resolution or bylaw under this section may order that if the person subject to the remedial action requirement does not complete the required action within the time specified under subsection (3) or (5), the city may, by its officers or employees or other authorized persons, complete the remedial action at the person's expense.

(7) Notice of a remedial action requirement must,

(a) subject to subsection (8), be given by personal service or by sending the notice by registered mail to all of the following:

(i) the person subject to the requirement;

(ii) the owner of the land on which the matter or thing is located;

(iii) the occupier of that land;

(iv) any other person who, according to the records in the land title office, has a registered interest in that land, and

(b) if the resolution or bylaw under this section includes an order under subsection (6), advise that if the action required by the remedial action requirement is not completed by the date specified for compliance, the city may complete the remedial action at the expense of the person subject to the requirement.

(8) If the occupier of the land has no address to which the notice may be sent by mail, notice of the order may be given by posting the notice on or near the matter or thing to which the order relates.

2020-1-11.

Recovery of city's costs

324B   (1) If the city completes remedial action pursuant to a resolution or bylaw made under section 324A, the city may recover its costs and incidental expenses incurred in carrying out the required action as a debt due to the city in any court of competent jurisdiction.

(2) A resolution or bylaw under section 324A in relation to a building, a structure, a tree or an erection may order that if the remedial action requirement has not been satisfied by the date specified for compliance, the city may dispose of the matter or thing in relation to which the requirement was imposed, or any part or material of the matter or thing.

(3) The earliest date on which the city may carry out a disposal referred to in subsection (2) is the later of

(a) the date specified for compliance, and

(b) 60 days after the notice under section 324A (7) or (8) is given.

(4) If the city disposes of a matter, thing or any part or material of it under this section, the city

(a) may retain from the proceeds

(i) the costs incurred by the city in carrying out the disposal, and

(ii) any costs incurred by the city in completing the remedial action that have not yet been paid by the person subject to the remedial action requirement, and

(b) must pay the remainder of the proceeds to the owner or other person lawfully entitled.

(5) For certainty, the authority under this section is in addition to that provided by section 336 (b).

2020-1-11.

Remedial action to address dilapidated or unclean building, structure or erection

324C   Sections 324A and 324B also apply in relation to a building, a structure or an erection of any kind that the Council considers is so dilapidated or unclean as to be offensive to the community.

2020-1-11.

Shorter time limit in urgent circumstances

324D   If the Council considers that there is a significant risk to health or safety if action is not taken earlier, the Council may by resolution or bylaw set a time limit for taking remedial action under section 306 (1) (i), 323 (u) or 324A that is shorter than 30 days.

2020-1-12.