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The Community Protection and Liquor Control Amendment Act

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S.M. 1999, c. 42

THE COMMUNITY PROTECTION AND LIQUOR CONTROL AMENDMENT ACT


 

(Assented to July 14, 1999)

WHEREAS the people of Manitoba want to ensure that their neighbourhoods and communities are safe and peaceful places to live;

AND WHEREAS certain conditions, if allowed to develop and continue, can adversely affect the lives of people in their neighbourhoods and communities, and substantially interfere with their reasonable enjoyment of property;

AND WHEREAS the Legislature of Manitoba has the authority to pass laws aimed at suppressing nuisances by civil process and suppressing conditions calculated to favour the development of crime, rather than at punishing crime;

AND WHEREAS it is in the public interest to support Manitobans in pursuing their goal of safe and peaceful neighbourhoods and communities;

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

PART 1

COMMUNITY PROTECTION

DEFINITIONS AND INTERPRETATION

Definitions

1(1)      In this Act,

"applicant" means a person who makes an application under section 2, 5, 9 or 12; (« requérant »)

"building" means a structure of any kind, whether or not it is habitable, and the land on which the structure is located, and includes a dwelling house, apartment, suite, mobile home, cooperative housing unit, condominium unit or commercial or industrial building, or a part of a commercial or industrial building; (« bâtiment »)

"court", in relation to

(a) an application for a cessation notice, means The Provincial Court, and

(b) an application for a community protection order, an application to set aside a cessation notice, a motion for a closure order or an application for a closure order in emergency circumstances, means the Court of Queen's Bench; (« tribunal »)

"Director of Public Safety" means the person appointed as Director of Public Safety under The Civil Service Act; (« directeur de la Sécurité publique »)

"person" means an individual, corporation, cooperative, partnership, limited partnership or unincorporated organization of persons, and includes any combination of them; (« personne »)

"property" means real property, whether publicly or privately owned; (« biens »)

"Provincial Court Rules" means rules made under subsection 26(1) of The Provincial Court Act. (« Règles de la Cour provinciale »)

Interpretation of "adversely affected"

1(2)      For the purposes of this Act,

(a) a person is adversely affected by activities if the activities adversely affect the safety of or interfere with the peaceful enjoyment of the person's neighbourhood or community; and

(b) proof that the activities adversely affect the safety of one person, or interfere with the peaceful enjoyment of one piece of property, in the neighbourhood or community may be proof that the activities adversely affect the safety or peaceful enjoyment of the neighbourhood or community.

APPLICATION FOR CESSATION NOTICE

Application for cessation notice

2(1)      A person who reasonably believes

(a) that he or she is adversely affected by activities in or around a building in his or her neighbourhood or community; and

(b) that the activities indicate that the building is being habitually used for one of the purposes set out in subsection (2);

may apply to a judge of The Provincial Court for a cessation notice.

Proscribed purposes

2(2)      The purposes referred to in subsection (1) are as follows:

(a) the use, consumption, sale, transfer or exchange of a substance designated as a non-potable intoxicating substance under The Liquor Control Act, in contravention of that Act and regulations under that Act;

(b) the use, consumption, sale, transfer or exchange of an intoxicating substance, as defined in The Minors Intoxicating Substances Control Act, in contravention of that Act;

(c) the possession, use, consumption, sale, transfer or exchange of a controlled substance, as defined in the Controlled Drugs and Substances Act (Canada), in contravention of that Act;

(d) prostitution and activities related to prostitution;

(e) the sale of liquor, as defined in The Liquor Control Act, without a licence issued under that Act.

Form of application and procedure

2(3)      An application shall be made and heard in accordance with any applicable Provincial Court Rules and any regulations under this Act, and, without limiting the generality of the foregoing, the court shall deal with the application and conduct the hearing in such manner as it considers appropriate in the circumstances of the case to effect an expeditious determination of the application.

Respondent to the application

2(4)      An application shall name the owner of the building as respondent.

Notice of application to be provided to owner etc.

2(5)      An applicant shall cause a copy of the notice of application

(a) to be delivered to

(i) the respondent's address set out in the land titles office records respecting the building in respect of which the application is being made, and

(ii) the respondent's address set out in the municipal tax rolls for the building; and

(b) except where the building does not appear to be occupied as a residence, to be delivered to an adult at the building.

Director to be provided with notice of application

2(6)      The applicant shall without delay after filing the notice of application provide a copy to the Director of Public Safety.

Evidence

2(7)      An application shall be accompanied by evidence in affidavit form of the following:

(a) the nature and extent of the activities in respect of which the application is being made;

(b) the nature and extent of the adverse effect of the activities on the applicant;

(c) the purpose set out in subsection (2) that the applicant believes the activities indicate;

(d) the identity and address of the owner of the building;

(e) any details of the occupation of the building that are known to the applicant;

and the evidence shall include a certified copy of the certificate of title for the building or an equivalent document.

Hearing as soon as possible

2(8)      The court shall hear an application as soon as possible after it is made.

Further information

2(9)      At the hearing of an application under this section, the court may receive, in any form, any further information that it considers appropriate and may hear the submission of the applicant, if any.

Court may grant or dismiss application

3(1)      After considering the evidence presented in support of an application under section 2 and any submission of the applicant, the court may

(a) if it is satisfied that

(i) the applicant has complied with subsections 2(5) and (6), and

(ii) the applicant has a reasonable belief of the matters set out in clauses 2(1)(a) and (b),

grant the application and issue a cessation notice, and direct the applicant to post the notice on the building if it considers it appropriate to do so; or

(b) if it is not so satisfied, dismiss the application.

Form of cessation notice

3(2)      A cessation notice shall

(a) be in the form set out in any applicable Provincial Court Rules or in regulations under this Act;

(b) describe the activities in respect of which it is being issued; and

(c) contain a statement to the effect that, if the activities do not cease immediately upon service and posting of the cessation notice, the applicant may apply for a community protection order, which may result in an order that the building be vacated, or closed from further use and occupation, or both.

Notice to be served

3(3)      Subject to subsection (4), after a cessation notice is issued the applicant shall without delay cause a copy of the notice

(a) to be served on the respondent by delivery to the respondent's last known address; and

(b) if so directed by the court, to be posted in a conspicuous place on the building in respect of which the notice was made.

Alternative methods of service

3(4)      Where so permitted under any applicable Provincial Court Rules and any regulations under this Act, a cessation notice may be served on the respondent by an alternative method of service.

Applicant may enter land to post notice

3(5)      For the purpose of posting a cessation notice as required under clause (3)(b), the applicant or someone on the applicant's behalf may enter onto the land on which the building to be posted is located, if accompanied by a peace officer.

Director to be provided with copy of notice

3(6)      After a cessation notice is issued, the applicant shall provide a copy to the Director of Public Safety without delay.

Costs on frivolous or vexatious applications

4(1)      Where the court finds that an application for a cessation notice is frivolous or vexatious, it may order the applicant to pay costs to Her Majesty in right of Manitoba in accordance with any applicable Provincial Court Rules and any regulations under this Act.

Costs to be paid to the Minister of Finance

4(2)      Costs ordered to be paid under subsection (1) shall be paid without delay by the applicant to the Minister of Finance at the court office at which the application was filed, and are a debt due to the Crown.

APPLICATION FOR COMMUNITY PROTECTION ORDER

Application for order

5(1)      If after service and posting of a cessation notice in accordance with section 3 the activities in respect of which the cessation notice was issued do not cease, the applicant may apply to the Court of Queen's Bench for a community protection order.

Notice of application to be filed

5(2)      An application for a community protection order shall be made by filing a notice of application in the Court of Queen's Bench in the form and manner set out in the Court of Queen's Bench Rules.

Prerequisites for application

5(3)      Except as permitted under section 12, no person shall file a notice of application for a community protection order unless

(a) a cessation notice has been issued under section 3 in respect of the activities and the building in relation to which the application is being made;

(b) the cessation notice has been served and posted in accordance with section 3;

(c) the cessation notice has not been set aside; and

(d) the activities have not ceased.

Court rules to apply to application

5(4)      Subject to section 6, the Court of Queen's Bench Rules apply to an application for a community protection order.

Hearing of application to be a new hearing

5(5)      The hearing of an application for a community protection order shall be a new hearing, but the court shall, in addition to any other evidence presented by the applicant and respondent, consider the evidence presented by the applicant in relation to the application for the cessation notice.

Director to be provided with copy of application

5(6)      After filing the notice of application, the applicant shall provide a copy to the Director of Public Safety without delay.

Application deemed to include cross-application

5(7)      Every application under this section shall be deemed to include a cross-application by the respondent for an order to set aside the cessation notice.

Mandatory evidence for application

6(1)      When filing a notice of application under section 5, an applicant shall file evidence in affidavit form showing

(a) that the cessation notice has been served and posted in accordance with section 3 and has not been set aside; and

(b) that the activities in respect of which the cessation notice was issued have not ceased;

and shall attach a copy of the cessation notice to his or her affidavit.

Respondent to the application

6(2)      A notice of application under section 5 shall name as respondent the owner of the building in respect of which the cessation notice was issued.

Application to be heard as an urgent application

6(3)      An application for a community protection order shall be proceeded with and heard as an urgent application within the meaning of the Court of Queen's Bench Rules, and the judge hearing the application may conduct the hearing in such manner as the judge considers appropriate in the circumstances of the case to effect an expeditious determination of the application.

Further information

6(4)      At the hearing of an application for a community protection order, the court may receive, in any form, any further information that it considers appropriate.

Cessation notice file to be transferred

6(5)      On receiving a notice of application for a community protection order, the registrar, or a deputy registrar, of the Court of Queen's Bench shall requisition the cessation notice file from the applicable court office of The Provincial Court, and, on receiving the requisition, a magistrate, or other responsible staff person, of The Provincial Court shall transmit the cessation notice file to the registrar or the deputy registrar who requested it.

Court of Queen's Bench to receive documents

6(6)      On the receipt by the Court of Queen's Bench of a cessation notice file under subsection (5), all affidavits, transcripts and other documentary evidence contained in the file in relation to the application for a cessation notice shall be deemed to be documents filed in the Court of Queen's Bench in relation to the application for a community protection order.

Court may make or refuse to make order

7(1)       After considering the evidence presented in relation to an application under section 5, and after hearing the submissions of the applicant and respondent, if any, the court may

(a) if it is satisfied on a balance of probabilities that

(i) activities are occurring that lead it to the conclusion that the building in respect of which the application has been made is being habitually used for a purpose set out in subsection 2(2), and

(ii) the applicant is being adversely affected by the activities,

grant the application and make a community protection order, with or without costs; or

(b) if it is not so satisfied, dismiss the application and set aside the cessation notice, with or without costs, and where the cessation order was posted on the building, authorize the respondent to remove it.

Form and content of community protection order

7(2)      A community protection order shall

(a) describe the activities in respect of which it is being made;

(b) enjoin any person, including the respondent, from causing, contributing to, permitting, or acquiescing in, the activities after the date of service of the order on the person;

(c) require the respondent, immediately after the date of service of the order on him or her, to take all lawful actions available to him or her to prevent the continuation of the activities;

(d) contain a statement to the effect that failure by any person served with the order to comply with it may result in contempt of court proceedings against the person; and

(e) contain a statement to the effect that if the activities do not cease immediately upon service and posting of the community protection order, the applicant may apply for a closure order, which may result in an order that the building be vacated, or closed from further use and occupation, or both.

Community protection order terminates lease

7(3)      A community protection order made in respect of a building occupied by a person other than its owner terminates any lease or tenancy agreement under which the person is in occupation, effective on the day on which the order is made, and the owner of the building is entitled to vacant possession of the building immediately upon serving the person with a copy of the community protection order in accordance with the regulations, together with any notice required to be served under the regulations.

Service of community protection order

7(4)      After a community protection order is made, the applicant shall without delay cause a copy of the order, and of any notice required to be served under the regulations,

(a) to be served on the respondent by the method of service ordered by the court; and

(b) to be posted in a conspicuous place on the building in respect of which the order was made.

Applicant may enter land to post order

7(5)      For the purpose of posting a community protection order and notice as required under clause (4)(b), the applicant or someone on the applicant's behalf may enter onto the land on which the building to be posted is located, if accompanied by a peace officer.

Owner to serve community protection order

7(6)      For the purpose of obtaining vacant possession of the building in respect of which a community protection order has been made, the owner of the building shall cause a copy of the order and of any notice required to be served under the regulations to be served in accordance with the regulations on each person who is a party to a lease or tenancy agreement for the building.

Decision final and binding

7(7)      A decision by the court under this section is final and binding and not subject to appeal.

Director to be provided with copy of order

7(8)      After a community protection order is made, the applicant shall provide a copy to the Director of Public Safety without delay.

Respondent may apply to set aside cessation notice

8(1)      A person named as a respondent in an application for a cessation notice who has not been served with a notice of application for a community protection order may apply to the Court of Queen's Bench for an order setting aside the cessation notice.

Director to be provided with copy of application

8(2)      After filing a notice of application under this section, a person referred to in subsection (1) shall provide a copy to the Director of Public Safety without delay.

Hearing of application to be a new hearing

8(3)      The hearing of an application for an order setting aside a cessation notice shall be a new hearing, but the court shall, in addition to any other evidence presented by the applicant and respondent, consider the evidence presented by the applicant in relation to the application for the cessation notice.

Application of previous provisions

8(4)      Subsections 6(5) and (6) apply, with necessary modifications, to an application under this section.

Court may grant or dismiss motion

8(5)      After considering the evidence presented in relation to an application under this section and the evidence presented in support of the application for a cessation notice, and after hearing the submissions of the applicant and respondent, if any, the court may

(a) if it is not satisfied on a balance of probabilities that

(i) activities are occurring that lead it to the conclusion that the building in respect of which the application has been made is being habitually used for a purpose set out in subsection 2(2), or

(ii) the applicant is being adversely affected by the activities,

grant the application and set aside the cessation notice, with or without costs, and authorize the person making the application to remove the cessation notice from the building; or

(b) if it is satisfied on a balance of probabilities that

(i) activities are occurring that lead it to the conclusion that the building in respect of which the application has been made is being habitually used for a purpose set out in subsection 2(2), and

(ii) the applicant is being adversely affected by the activities,

dismiss the application, with or without costs.

Decision final and binding

8(6)      A decision by the court under this section is final and binding and not subject to appeal.

Director to be provided with copy of order

8(7)      After an order is made under subsection (5), the person who made the application shall provide a copy to the Director of Public Safety without delay.

Joinder of applications

8(8)      Where a notice of application for a community protection order is filed in relation to the same cessation notice as an application under this section, the two applications shall be joined and heard in accordance with sections 5 to 7.

MOTION FOR CLOSURE ORDER

Motion for closure order

9(1)      If after serving and posting a community protection order in accordance with subsection 7(4) the activities in respect of which the order was made do not cease, the applicant may apply by notice of motion for an order requiring that the building in respect of which the community protection order was made be vacated or be closed from further use and occupation, or both.

Director to be provided with copy of motion

9(2)      After filing the notice of motion, the applicant shall provide a copy to the Director of Public Safety without delay.

Court may make or refuse to make order

9(3)      After considering the evidence presented in relation to a motion under subsection (1), and after hearing the submissions of the applicant and respondent, if any, the court may

(a) if it is satisfied on a balance of probabilities that

(i) the activities in respect of which the community protection order was made have not ceased, and

(ii) the applicant continues to be adversely affected by the activities,

grant the motion and make either or both of the orders referred to in subsection (4), with or without costs; or

(b) if it is not so satisfied, dismiss the motion, with or without costs, and authorize the respondent to remove the community protection order from the building.

Content of closure order

9(4)      In making an order under clause (3)(a), the court shall

(a) if the building is not vacant,

(i) order that all persons occupying the building vacate the building immediately upon being served with a copy of the order, and

(ii) enjoin them from returning to the building after having vacated it; and

(b) subject to subsection (5), order that the respondent close the building from further use and occupation immediately upon being served with a copy of the order.

Maximum period of closure

9(5)      An order under clause (4)(b) shall set out the period, not exceeding 90 days, for which the building is required to be closed.

Court shall consider conduct of owner etc.

9(6)      In determining the period of closure, the court shall consider

(a) the extent to which the respondent's failure, if any, to exercise due diligence in supervising and controlling the use and occupation of the building has contributed to the occurrence of activities; and

(b) the impact of the activities on the neighbourhood or community.

Service of closure order

9(7)      After a closure order is made, the applicant shall without delay cause a copy of the order and of any notice required to be served under the regulations

(a) to be served on the respondent by the method of service ordered by the court; and

(b) to be posted in a conspicuous place on the building in respect of which the order was made.

Applicant may enter land to post order

9(8)      For the purpose of posting a closure order and notice as required under clause (7)(b), the applicant or someone on the applicant's behalf may enter onto the land on which the building to be posted is located, if accompanied by a peace officer.

Decision final and binding

9(9)      A decision of the court under this section is final and binding and not subject to appeal.

Director to be provided with copy of order

9(10)     After a closure order is made, the applicant shall provide a copy to the Director of Public Safety without delay.

Director may close building

10(1)     If the respondent fails to comply with the closure order, the Director of Public Safety may cause the building to be closed from further use and occupation for the period set out in the order, and for such purposes the Director has full power and authority to enter the building.

Director may employ tradespersons and attach locks etc.

10(2)     For the purpose of causing a building to be closed under subsection (1), the Director of Public Safety may

(a) employ such tradespersons and workers; and

(b) attach to the building such locks, hoarding and other security devices, and erect at the building such fences;

as are necessary to safely and effectively close the building.

Respondent must pay cost of closing building

11(1)     When the Director of Public Safety closes a building under subsection 10(1), the respondent shall on demand from the Director pay the Minister of Finance the cost of the closure in the amount certified by the Director.

Director may apply for judgment

11(2)     If the respondent fails to pay the amount certified by the Director of Public Safety, the Director may apply by notice of motion for judgment against the respondent in accordance with the regulations.

APPLICATION FOR CLOSURE ORDER IN EMERGENCY CIRCUMSTANCES

Application in emergency circumstances

12(1)     Notwithstanding section 2 and subsections 5(1) and (3), where by reason of activities that would justify the making of a community protection order there exists an immediate threat to the safety and security of occupants of a building or of persons living in the neighbourhood of the building, an applicant may immediately apply to the Court of Queen's Bench for an order that the building be vacated, or closed from further use and occupation, or both.

Application of previous provisions

12(2)     Subsections 5(2) and (4) and subsections 6(2) to (4) apply, with necessary modifications, to an application under subsection (1), and subsections 9(2), (4) to (8) and (10) and sections 10 and 11 apply, with necessary modifications, to an order under clause (3)(a).

Court may make or refuse to make order

12(3)     After considering the evidence presented in relation to an application under subsection (1) and after hearing the submissions of the applicant and respondent, if any, the court may

(a) if it is satisfied on a balance of probabilities that

(i) there is evidence of activities that would justify the making of a community protection order, and

(ii) by reason of those activities there exists an immediate threat to the safety and security of occupants of the building or of persons living in the neighbourhood of the building,

grant the application and make either or both of the orders referred to in subsection 9(4), with or without costs; or

(b) if it is not so satisfied, dismiss the application, with or without costs.

Closure order terminates lease

12(4)     A closure order made under this section in respect of a building occupied by a person other than its owner terminates any lease or tenancy agreement under which the person is in occupation, effective on the day on which the order is made, and the owner of the building is entitled to vacant possession of the building immediately upon serving the person with a copy of the closure order in accordance with the regulations, together with any notice required to be served under the regulations.

Decision final and binding

12(5)     A decision of the court under this section is final and binding and not subject to appeal.

ROLE OF THE DIRECTOR OF PUBLIC SAFETY

Director of Public Safety may provide assistance

13(1)     The Director of Public Safety may provide practical assistance to persons wishing to apply for a cessation notice, community protection order or closure order, including assisting such persons in gathering and facilitating the preparation of evidence upon which a notice or order may be made.

Authorization of director

13(2)     For the purposes of

(a) providing the assistance referred to in subsection (1);

(b) providing evidence in relation to an application under this Act;

(c) providing assistance to a person delivering, serving or posting a notice or order;

(d) carrying out a closure order; or

(e) enabling a peace officer to carry out a community protection order or closure order;

the Director of Public Safety may do any of the things set out in subsection (3).

Authorized activities

13(3)     For the purposes set out in subsection (2), the Director of Public Safety is authorized to

(a) request a person, the government or an agency of government to provide any information in the possession or control of the person, government or agency respecting a person who owns or occupies a building in respect of which an application under this Act may be made, including

(i) the person's name and address,

(ii) the whereabouts of the person, and

(iii) the name and address of the person's employer;

(b) obtain information from any source about the ownership of a building in respect of which an application under this Act may be made;

(c) obtain information from any source about the occurrence of activities in respect of which an application under this act may be made;

(d) make and maintain written, recorded or videotaped records of any information received under clauses (a) to (c) or of the occurrence of activities in respect of which an application may be made;

(e) disclose such information and records to the person intending to make, or who has made, an application under this Act;

(f) disclose such information and records to a court in relation to an application and to any other person to whom the information and records are required to be disclosed by virtue of an application; and

(g) disclose the information to a peace officer.

Minister may appoint employees

14        The Minister of Justice may appoint such employees in accordance with The Civil Service Act as are necessary to provide the assistance referred to in section 13.

Director to work with agencies and neighbourhood groups

15(1)     The Director of Public Safety may consult with and work in cooperation with social service systems and other agencies and neighbourhood organizations or groups to promote or encourage the development of safe and peaceful communities.

Director to notify Director of Child and Family Services

15(2)     Where the Director of Public Safety has reason to believe that there are children residing in a building in respect of which an application under this Act has been made, he or she shall notify the Director of Child and Family Services without delay.

OFFENCES AND PENALTIES

Prohibition on removal of posted notice or order

16         A person who removes a duly posted copy of

(a) a cessation notice before it is set aside or is succeeded by a community protection order, whichever occurs first;

(b) a community protection order, or a notice posted with such an order, before the activities described in the order have ceased or before receiving authorization under clause 9(3)(b), whichever occurs first; or

(c) a closure order, or a notice posted with such an order, before the end of the period of closure;

commits an offence and is liable on summary conviction to a fine of not more than $2,500., or to imprisonment for a term of not more than three months, or both.

Prohibition on entry into closed building

17        A person who enters a building in respect of which a closure order is in effect for the purpose of occupying the building or using it for a purpose set out in subsection 2(2) commits an offence and is liable on summary conviction to a fine of not more than $5,000., or to imprisonment for a term of not more than six months, or both.

Prohibition on owner ignoring order

18(1)     An owner of a building who fails to comply with a community protection order made in respect of the building commits an offence.

Prohibition on others ignoring order

18(2)     A person other than the owner who, after having been personally served with a community protection order made in respect of a building occupied by the person, causes, contributes to, permits, or acquiesces in, activities described in the order commits an offence.

Continuing offence

18(3)     Where a failure referred to in subsection (1) or a contravention referred to in subsection (2) continues for more than one day, the offender is guilty of a separate offence for each day that the failure or contravention continues.

Penalty for ignoring order

18(4)     A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $500. for each day that the offence continues.

Vendor failing to inform purchaser about application

19        A vendor who contravenes section 22 commits an offence and is liable on summary conviction to a fine of not more than $500., or to imprisonment for a term of not more than three months, or both.

Directors and officers of corporations

20        When a corporation is guilty of an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the offence is also guilty of the offence and is liable on summary conviction to the penalty for the offence provided for in this Act.

GENERAL PROVISIONS AND C.C.S.M. REFERENCE

Director may apply

21(1)     Where the Director of Public Safety

(a) considers it to be in the public interest; and

(b) is satisfied that there is no other person to make the application;

the Director may apply for a cessation notice, community protection order or closure order.

Application of previous provisions

21(2)     Subsections 2(1) to (5) and (7) to (9), subsections 3(1) to (5), subsections 5(1) to (5) and (7), section 6, subsections 7(1) to (7), subsections 9(1) and (3) to (9) and sections 10, 11 and 12 apply, with necessary modifications, to an application by the Director.

Effect of sale of building

22        Where a building is sold while an application in respect of the building is ongoing, the vendor shall fully inform the purchaser about the application, and, in any event, the purchaser is deemed to be a respondent to the application, and any notice issued or order made by the court is binding on the purchaser.

Cause of action not exclusive

23        The cause of action created by this Act is in addition to any other cause of action that exists at common law or by statute.

Protection from liability

24(1)     Subject to subsection (2), no person may commence or maintain an action against any other person in respect of

(a) a written or verbal statement made or given in evidence in connection with an application or motion under this Act; or

(b) an act necessarily done

(i) in carrying out an order under section 7, 9 or 12, or

(ii) under section 10.

Non-application of clause (1)(a)

24(2)     Clause (1)(a) does not apply to a false statement knowingly made.

No action re termination of tenancy agreement

25(1)     Subject to subsection (2), no person affected by the termination of a lease or tenancy agreement under a community protection order may commence or maintain an action in respect of the termination or the balance of the term of the lease or tenancy agreement.

Subsection (1) not to affect other rights of action

25(2)     Subsection (1) does not affect a right of action, or a right or claim under The Residential Tenancies Act,

(a) that has accrued prior to the termination of the lease or tenancy agreement; or

(b) to seek

(i) the return of a damage, security or rent deposit,

(ii) the return of personal property, or

(iii) damages in relation to physical damage to the building by a tenant.

Priority over other Acts

26        Where there is a conflict between this Act and The Landlord and Tenant Act or The Residential Tenancies Act, this Act prevails.

Peace officer to assist in posting or serving

27(1)     A peace officer shall on request provide any assistance required by a person in posting a cessation notice, community protection order or closure order, or in serving a community protection order or closure order.

Peace officer powers in carrying out order

27(2)     All peace officers within Manitoba shall do all such acts that may be necessary to enforce a community protection order or closure order or to assist an owner of a building in obtaining vacant possession of the building under subsection 7(3), and for such purposes each of them has full power and authority to enter the building in respect of which the order is made or onto any land on which any person required to be served with the order or a notice may be found.

Regulations

28        The Lieutenant Governor in Council may make regulations

(a) respecting applications for cessation notices, including matters of evidence and procedure, alternative methods of service of documents and costs;

(b) respecting notices required to be served and posted in conjunction with community protection order and closure orders;

(c) respecting the manner of service of community protection orders under subsections 7(4) and (6) and subsection 12(4);

(d) respecting the costs of closing a building that may be required to be paid under section 11;

(e) respecting motions under subsection 11(2);

(f) defining any word or phrase used but not defined in this Act;

(g) respecting any other matter necessary or advisable to carry out the purposes of this Act.

C.C.S.M. reference

29        This Act may be cited as The Community Protection Act and referred to as chapter C162 of the Continuing Consolidation of the Statutes of Manitoba.

PART 2

AMENDMENTS TO THE LIQUOR CONTROL ACT

C.C.S.M. c. L160 amended

30         The Liquor Control Act is amended by this Part.

31(1)      Subsection 96(1) is amended

(a) by adding the following after clause (a.1):

(a.2) permit unlawful activities or conduct in or about the licensed premises not referred to in clause (a) or (a.1);

(b)  by striking out "or" at the end of clause (b).

31(2)      Subsection 96(2) is amended by striking out "clause (1)(b), (c) or (d)" and substituting "clause (1)(a.2), (b), (c) or (d)".

PART 3

COMING INTO FORCE

Coming into force

32(1)     This Act, except Part 1, comes into force on the day it receives royal assent.

Coming into force: Part 1

32(2)     Part 1 comes into force on a day fixed by proclamation.