MHHS · Safer Communities and Neighbourhoods Act
Part 1 — Safer Communities and Neighbourhoods
12 When Court may vary community safety order
order if it is satisfied
(a) that the applicant is a resident,
SAFER COMMUNITIES AND
(b) that neither the resident nor any member of the resident's
household for whom the resident is seeking a variation
caused or contributed to any of the activities with respect to
which the order was made,
(c) that no person who caused or contributed to any of the
activities is still present at or occupying the property,
(d) that the resident or a member of the resident's household for
whom the resident is seeking a variation will suffer undue
hardship if the order is not varied, and
(e) if the order was varied pur suant to section 9, that neither the
resident nor any member of the resident's household for
whom the resident is seeking a variation was an occupant of
the property when the order was varied.
(2) In a variation order, the Court may
(a) fix a later date for
(i) the resident's tenancy agreement to be terminated,
(ii) the resident and members of the resident's household to
vacate the property, or
(iii) the Director to close the property;
(b) set aside the termination of the resident's tenancy
agreement, or reinstate the tenancy agreement if the date of
termination has already passed;
(c) set aside the re quirement to vacate or close the property;
(d) if the resident and members of the resident's household ha ve
already vacated the property, authorize them to re-enter and
reoccupy it and, if applicable, require the respondent to
allow them to re-enter and reoccupy it;
(e) if the property has alrea dy been closed, require the
respondent to open it for the purpose of clause (d) and make
it ready for occupation;
(f) make any other provision that the Court considers
appropriate.
(3) The Court may consider the following factors respecting an
application for an order to vary:
SAFER COMMUNITIES AND
(a) whether the respondent will suffer undue hardship if the
requested order is made;
(b) whether there is a tenancy agreement between the resident
and the respondent, or whether there was a tenancy
agreement when the resident was required to vacate the
property;
(c) whether the respondent is opposed to the requested order i f
the order would authorize a resident who does not or did not
have a tenancy agreement to re-enter and reoccupy the
property;
(d) any other factors that the Court considers relevant.