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Fifth Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 16

THE SAFER COMMUNITIES AND NEIGHBOURHOODS AMENDMENT AND CRIMINAL PROPERTY FORFEITURE AMENDMENT ACT


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 SAFER COMMUNITIES

AND NEIGHBOURHOODS ACT

C.C.S.M. c. S5 amended

1           The Safer Communities and Neighbourhoods Act is amended by this Part.

2           Subsection 1(1) is amended

(a) by adding the following definitions:

"criminal organization offence" means a criminal organization offence as defined in the Criminal Code (Canada); (« infraction d'organisation criminelle »)

"investigator" means a person appointed as an investigator under section 3.1; (« enquêteur »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

(b) in the definition "specified use", by striking out "or" at the end of clause (f), adding "or" at the end of clause (g) and adding the following after clause (g):

(h) for the commission or promotion of a criminal organization offence;

3           The following is added after section 3 and before the centred heading that follows it:

Investigators

3.1(1)      The minister may appoint or designate one or more persons or classes of persons as investigators.

Role

3.1(2)      An investigator may conduct investigations into complaints received by the director.

Command

3.1(3)      An investigator is under the command and direction of the director at all times.

Identification

3.1(4)      The minister must provide an investigator with an identification card, and an investigator exercising a power under this Act must produce the card on request.

Peace officer status

3.1(5)      An investigator is a peace officer and has all the powers and protections of a peace officer provided by law while carrying out his or her duties or functions under this Act.

4           Subsection 11(2) is repealed.

5           Section 27 is amended

(a) in the section heading, by striking out "Information provided under qualified privilege" and substituting "Privilege"; and

(b) by striking out "by the director".

6           Section 28 is replaced with the following:

Delegation

28          The director may delegate any of his or her powers or responsibilities under this Act to an investigator, other than the power to make an application for a community safety order.

7           The following is added after section 38:

Notice of community safety order

38.1(1)     If a community safety order is issued for a property described in a title under The Real Property Act or in an abstract book under The Registry Act, the director must file notice of the order in the proper land titles office or registry office as soon as possible after the order is made.

Discharge of notice

38.1(2)     If a community safety order is no longer in effect, the director must file a discharge of the notice referred to in subsection (1) in the proper land titles office or registry office.

8           Section 44 is amended

(a) by adding the following after clause (a):

(a.1) respecting equipment that investigators are authorized to carry;

(b) by adding the following after clause (h):

(h.1) respecting the form and content of notices under section 38.1;

PART 2

THE CRIMINAL PROPERTY FORFEITURE ACT

C.C.S.M. c. C306 amended

9           The Criminal Property Forfeiture Act is amended by this Part.

10          The following is added after section 12.1:

Presumption re community safety order

12.2        In an application for forfeiture of property that is alleged to be an instrument of unlawful activity, there is a rebuttable presumption that the property was used to engage in unlawful activity if a community safety order under The Safer Communities and Neighbourhoods Act had previously been made in respect of that property.

PART 3

COMING INTO FORCE

Coming into force

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

Explanatory Note

Part 1 of the Bill amends The Safer Communities and Neighbourhoods Act. It allows a community safety order to be made that will vacate and shut down a building that has been used to commit a criminal organization offence. It clarifies the role of investigators who conduct investigations into complaints under this Act. It also requires a notice to be filed in the land titles office when a community safety order is issued against a property.

Part 2 of the Bill amends The Criminal Property Forfeiture Act. It creates a rebuttable presumption that a property was used to engage in unlawful activity if a community safety order under The Safer Communities and Neighbourhoods Act had previously been issued against the property.

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