Part 5 — Orders, Appeals
55 Enforcement of order
section 33(1) or referred to in section 33(2) or (3), together with a
police officer, a peace officer or any other person as the safety
codes officer considers appropriate, may enter, at any reasonable
time, any premises or place for the purpose of carrying out an order
unless the owner refuses to allow or interferes with the entry or the
carrying out of an order
(a) if a person to whom the order is issued under section 49, 52
or 53 with respect to any thing, process or activity under the
administration of an accredited municipality or accredited
regional services commission does not commence an appeal
of the order within the time set out for the commencement
of the appeal and the order is not carried out within the time
set out in the order, and
(b) if the owner of the land concerned as registered under the
Land Titles Act or, in the case of Metis patented land, the
settlement member registered in the Metis Settlements Land
Registry as owner of the Metis title, provisional Metis title
or an allotment in the land has been given written notice of
the intention of the accredited municipality, the accredited
regional services commission or the Authority to carry out
the order.
(2) When an order is carried out under subsection (1) in respect of
land that is not Metis patented land, the local authority may place
the amount of the expenses incurred in carrying out the order on
the tax roll as an additional tax against the land concerned, and that
amount
(a) forms a lien on the land in favour of the municipality, and
RSA 2000
(b) is, for all purposes, deemed to be taxes imposed and
assessed on the land and in arrears under the Municipal
Government Act from the date the amount was placed on the
tax roll, and that Act applies to the enforcement, collection
and recovery of the amount.
(3) When an order is carried out under subsection (1) in respect of
Metis patented land, the settlement council may place the amount
of the expenses incurred in carrying out the order on the tax roll as
an additional tax against the land concerned, and that amount is, for
all purposes, deemed to be taxes imposed and assessed on the land
and in arrears under the Metis Settlements Act from the date the
amount was placed on the tax roll, and that Act applies to the
enforcement, collection and recovery of the amount.
(4) In addition to the power granted under subsection (3), when an
order is carried out under subsection (1) in respect of Metis
patented land, the settlement council may record a notification of
the amount of the expenses incurred in carrying out the order in the
Metis Settlements Land Registry against the Metis title, provisional
Metis title or an allotment in the land, and
(a) the expenses are a debt due to the Metis settlement by the
settlement member who is registered as owner of the Metis
title, provisional Metis title or allotment, and
(b) no dealings in respect of the land by the settlement member
may be recorded in the Registry without the consent of the
settlement council until the recording of the notification is
cancelled.
(5) A Metis settlement may, in addition to the rights under this
section, exercise any rights granted under a General Council Policy
to collect the expenses incurred in carrying out an order under
subsection (1) that are payable by a settlement member.
RSA 2000 cS-1 s55;2015 c10 s28