[37] Bill 73 Original (PDF)
Bill 73
Bill 732000
An Act to promote
public peace and safety by
regulating late-night dance events
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act, "
Minister" means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; ("ministre") "
municipality" means a city, town, village or township; ("municipalit") "
rave" means an event with all of the following attributes:
1.Any part of the event occurs between 2 a.m. and 6:00 a.m.
2.People must pay money or give some other consideration to participate in the event.
3.The primary activity at the event is dancing by the participants.
4.The event does not take place in a private dwelling. ("rave")
Prohibition
2. (1)No person shall hold a rave unless the person holds a permit for the rave.
Promotion and ticket sales
(2)No person shall promote or organize a rave, or offer, distribute or sell tickets to a rave, unless a permit has been issued with respect to the rave.
Use of property
(3)No person shall allow property to be used for the holding of a rave unless a permit has been issued for the rave.
Permit for raves
3. (1)A person wishing to hold one or more raves may apply to the municipality in which the rave would be held for a permit.
Permits prohibited
(2)A municipality shall not issue a permit in any of the following circumstances:
1.The past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry on business in accordance with the law and with integrity and honesty.
2.Within six months preceding the date of the application, the applicant has been convicted of an offence under this Act, or the Controlled Drugs and Substances Act (Canada).
3.Within six months preceding the date of the application, a person has been convicted of an offence occurring at a rave held by the applicant under,
i.the Liquor Licence Act,
ii.the Fire Protection and Prevention Act, 1997,
iii.the Health Protection and Promotion Act,
iv.any by-law concerning the regulation of noise, maximum occupancy, or fire safety,
v.the Controlled Drugs and Substances Act (Canada), or
vi.the Criminal Code (Canada).
4.The applicant makes a false statement or provides false information when applying for the permit.
5.The applicant is in default of payment of a fine imposed upon conviction for an offence under this Act.
6.It is not in the public interest to issue the permit having regard to the needs and wishes of the residents of the municipality in which the premises are located.
Non-applicability of para. 3, subs. (2)
(3)Paragraph 3 of subsection (2) does not apply if the municipality is satisfied that the applicant took all reasonable steps to prevent the offence from occurring.
Permits for one or more raves
(4)A permit may be for one or more specified raves or may authorize the holder of a permit to hold raves on an ongoing basis.
Expiry
(5)A permit to hold raves on an ongoing basis shall expire one year from the date it is issued, unless a shorter period is specified in the permit.
Issue or renew
(6)If a municipality is satisfied that the grounds set out in subsection (2) do not exist, the municipality may issue or renew a permit.
Permit may be subject to conditions
(7)A permit shall specify the location at which the holder may hold a rave and may be made subject to any conditions that the municipality considers advisable to ensure the public peace and to ensure the safety of the public and of participants in the rave.
Permits suspended or revoked
(8)A municipality may suspend or revoke a permit for any ground set out in subsection (2) by which it could decline to issue a permit.
Opportunity to make written submissions
(9)Before a municipality intends to issue or renew a permit with conditions, refuse to issue a permit or suspend or revoke a permit, the municipality shall afford the applicant an opportunity to make written submissions.
Minister's permit
(10)A person wishing to hold one or more raves in a place that is in territory without municipal organization may apply for a permit to the Minister, and subsections (2) to (9) apply with necessary modifications to the issuance of the permit.
Removing persons from premises
4. (1)The permit holder shall ensure that a person attending the rave does not remain on the premises if the permit holder has reasonable grounds to believe that the person,
(a)is on the premises for an unlawful purpose; or
(b)is contravening the law on the premises.
Same
(2)The permit holder or any of the permit holder's agents or employees may request a person referred to in subsection (1) to leave the premises immediately and if the request is not complied with immediately, the permit holder or any of the permit holder's agents may remove the person or cause the person to be removed by the use of no more force than is necessary.
Right to refuse entry
(3)A permit holder or an employee or agent of the permit holder who has reason to believe that the presence of a person in the place where the rave is held is undesirable may,
(a)request the person to leave; or
(b)forbid the person to enter the licensed premises.
Not to remain after request to leave
(4)No person shall,
(a)remain in the place where the rave is held after he or she is requested to leave by the permit holder or an employee or agent of the permit holder; or
(b)re-enter the place where the rave is held once he or she is requested to leave.
Inspections
5. (1)For the purpose of ensuring compliance with this Act, a police officer may, without warrant or court order, enter any place where the police officer reasonably believes that a rave is being held in contravention of this Act or a by-law under this Act.
Same
(2)During an inspection under subsection (1), a police officer may,
(a)make reasonable inquiries of any person; and
(b)require the production for inspection of any document or thing that may be relevant to the inspection.
Removing persons from premises
6. (1)If there are reasonable grounds to believe that this Act or a by-law under this Act is being contravened on any premises, or that a disturbance or breach of the peace sufficient to constitute a threat to the public safety is being caused on premises for which a permit is issued, a police officer may require that all persons vacate the premises.
Same
(2)Where a direction is given by a police officer under subsection (1), the permit holder shall take all reasonable steps to ensure that the premises are vacated.
By-laws
7. A municipality may pass by-laws,
(a)restricting the holding of raves to such geographic area or areas as may be specified in the by-laws;
(b)prescribing conditions for permits, including any requirements for obtaining, continuing to hold, or renewing a permit;
(c)respecting any matter dealing with the application process for a permit including imposing requirements on the applicant to provide any affected residents with notice of an application, and providing residents with an opportunity to be heard before the application is approved;
(d)establishing standards for the holding of raves;
(e)fixing fees to be charged to an applicant for a permit for the cost of administering and enforcing this Act and the by-laws.
Offence
8. (1)A person is guilty of an offence who,
(a)knowingly furnishes false information in any application under this Act;
(b)contravenes subsection 5 (4) or fails to vacate the premises in accordance with a direction given under subsection 7 (1); or
(c)contravenes section 2, subsections 5 (1), 7 (2), any condition of a permit, or any by-law.
Derivative
(2)A director or officer of a corporation who caused, authorized, permitted or participated in an offence under this Act by the corporation is guilty of an offence.
Penalties
(3)Upon conviction for an offence under clause (1) (a) or (c) or subsection (2),
(a)a corporation is liable to a fine of not more than $50,000; and
(b)an individual is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than six months or both.
Same
(4)Upon conviction for an offence under clause (1) (b), a person is liable to a fine of not more than $5,000.
Commencement
9.This Act comes into force on the day it receives Royal Assent.
Short title
10.The short title of this Act is the Raves Act, 2000.
EXPLANATORY NOTE
The purpose of this Bill is to regulate parties known as raves. The Bill defines a rave as a dance event occurring between 2:00 a.m. and 6:00 a.m., for which admission is charged. The Bill prohibits anyone from holding a rave unless the local municipality has issued a permit. No one may promote or organize a rave or sell tickets to a rave unless a permit has been issued. As well, the Bill prohibits anyone from allowing the use of property for the holding of raves unless a permit has been issued for the rave.
Municipalities may issue or renew permits subject to conditions. They may also suspend or revoke permits. Permits may be granted for one or many raves. If a permit is issued for raves on an ongoing basis, it expires one year from the date it is issued, unless a shorter period appears on the permit. Circumstances are also prescribed where permits are not to be issued.
The Bill requires that permit holders ensure that a person attending a rave leaves if the person is on the premises for an unlawful purpose. The permit holder and the agents and employees of the permit holder may request that such persons leave immediately, and if the request is not complied with, they may forcibly remove the person.
The Bill gives police officers the authority to enter any place where they reasonably believe a rave is being held in violation of the Act or a by-law made under it. Police officers may also require all persons to vacate the premises, if they have reasonable grounds to believe that the Act or a by-law is being violated, or that a disturbance or breach of the peace sufficient to constitute a threat to public safety is being caused.
Municipalities may restrict the geographic areas in the municipality where raves may be held, prescribe standards for the holding of raves, require applicants to provide local residents with notice of an application, and fix fees for applications.
The Bill provides for two types of offences. First, persons who promote or hold a rave without a permit, allow their property to be used for the purposes of holding a rave without a permit, knowingly provide false information in an application, or fail to meet specific obligations imposed by the Act, by a by-law or by a permit. For such offences, corporations can be fined up to $50,000, individuals face up to a $10,000 fine or up to six months imprisonment or to both. Second, persons who attend a rave and fail to abide by a direction to vacate the premises. For this offence, individuals can be fined up to $5,000.