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Fourth Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 201

THE CRIMINAL ORGANIZATIONS DETERRENCE ACT (LOCAL GOVERNMENT ACTS AMENDED)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE MUNICIPAL ACT

C.C.S.M. c. M225 amended

1           The Municipal Act is amended by this Part.

2           Subsection 1(1) is amended by adding the following definition in alphabetical order:

"criminal organization" means a criminal organization as defined in section 2 of the Criminal Code (Canada); (« gang »)

3           Clause 232(1)(n) is amended by adding ", including a specific by-law prohibiting or regulating the carrying on of business or specific classes of businesses by a person who is a member or associate of a criminal organization if the business is used to promote the criminal organization or otherwise advance its interests" at the end.

PART 2

THE PLANNING ACT

C.C.S.M. c. P80 amended

4           The Planning Act is amended by this Part.

5           Section 1 is amended by adding the following definition in alphabetical order:

"criminal organization" means a criminal organization as defined in section 2 of the Criminal Code (Canada); (« gang »)

6(1)         The following is added after subsection 40(3):

Special provisions re land use by criminal organizations

40(3.1)     A zoning by-law may contain special provisions prohibiting or regulating the following:

(a) the use of any building as a residence for two or more members or associates of a criminal organization;

(b) the use of land or buildings as a meeting place for members or associates of a criminal organization.

Exception

40(3.2)     The provisions of a zoning by-law made under subsection (3.1) do not apply to a penitentiary or other facility where inmates are kept in custody, or to any land or building used by a program operated by or with the approval of the federal or provincial government or a municipality to promote the rehabilitation and reintegration of inmates into the community.

6(2)        Subsection 40(5) is amended by striking out "subsections (2) and (3)" and substituting "subsections (2), (3) and (3.1)".

PART 3

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39, amended

7           The City of Winnipeg Charter is amended by this Part.

8           Section 1 is amended by adding the following definition in alphabetical order:

"criminal organization" means a criminal organization as defined in section 2 of the Criminal Code (Canada); (« gang »)

9           Clause 148(b) is amended by adding ", including a specific by-law prohibiting or regulating the carrying on of business or specific classes of businesses by a person who is a member or associate of a criminal organization if the business is used to promote the criminal organization or otherwise advance its interests" at the end.

10          Subsection 236(2) is amended by adding the following after clause (b):

(b.1) the prohibition or regulation of

(i) the use of any building as a residence for two or more members or associates of a criminal organization, and

(ii) the use of any land or building as a meeting place for members or associates of a criminal organization,

but the by-law does not apply to a penitentiary or other facility where inmates are kept in custody, or any land or building used by a program operated by or with the approval of the federal or provincial government or a municipality to promote the rehabilitation and reintegration of inmates into the community;

PART 4

COMING INTO FORCE

Coming into force

11          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill gives municipalities the power to pass by-laws that prohibit or regulate businesses carried on by members or associates of a criminal organization if the business is used to  advance the interests of the criminal organization. The Bill also allows municipalities to pass zoning by-laws to deal with places used as residences or meeting places for members of a criminal organization.