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S.M. 2010, c. 12

Bill 14, 4th Session, 39th Legislature

The Body Armour and Fortified Vehicle Control Act

(Assented to June 17, 2010)

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

PART 1

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"body armour" means

(a) a garment or item designed, intended or adapted for the purpose of protecting a person from projectiles discharged from a firearm, as defined in section 2 of the Criminal Code (Canada); or

(b) a prescribed garment or item. (« gilet de protection balistique »)

"compliance notice" means a fortified vehicle compliance notice issued under section 19. (« avis de mise en conformité »)

"court" means the Court of Queen's Bench. (« tribunal »)

"director" means the person appointed under The Civil Service Act as the director for the purposes of this Act. (« directeur »)

"fortified vehicle" means a vehicle that has one or more of the following fortifications:

(a) material that has been designed to be resistant to explosives, bullets or other projectiles on a door or window, or anywhere else on the interior or exterior of the vehicle;

(b) subject to the regulations, protective material such as metal, ballistic nylon or reinforced fibreglass that has been added to the interior or exterior of the vehicle after it was manufactured;

(c) holes or slots that allow a firearm to be discharged from the vehicle without exposing the shooter;

(d) any other prescribed fortification. (« véhicule blindé »)

"inspector" means

(a) a person designated as an inspector under section 25; or

(b) a member of a police service. (« inspecteur »)

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

"owner", in relation to a vehicle, means the person in whose name the vehicle is registered under The Drivers and Vehicles Act. (« propriétaire »)

"police service" includes the Royal Canadian Mounted Police. (« service de police »)

"prescribed" means prescribed by a regulation made under this Act.

"prior registered interest", in relation to a vehicle, means a security interest, lien, charge or other interest in respect of which a financing statement was registered in accordance with The Personal Property Security Act before a compliance notice respecting the vehicle was issued. (« intérêt antérieur enregistré »)

"sell" includes offer for sale, expose for sale, distribute, give, transfer or otherwise dispose of, whether or not for consideration. (« vendre »)

"vehicle" means a vehicle as defined in The Highway Traffic Act. (« véhicule »)

Purpose

2           The purpose of this Act is to help prevent crime by ensuring that body armour and fortified vehicles are used only by persons who have a legitimate need for them.

PART 2

BODY ARMOUR

PERMIT TO POSSESS BODY ARMOUR

Body armour permit required

3(1)        No person shall possess body armour unless the person holds a valid body armour permit.

Exemption

3(2)        Subsection (1) does not apply to

(a) any of the following persons:

(i) a member of a police service,

(ii) a firefighter or a medical emergency response technician,

(iii) a sheriff or deputy sheriff,

(iv) a correctional officer as defined in The Correctional Services Act;

(b) the holder of a valid body armour seller's licence; and

(c) a prescribed person or a member of a prescribed class of persons.

Restriction on exemption

3(3)        The exemption in clause (2)(a) applies only while the person who is the subject of the exemption is

(a) using body armour in the course of his or her employment or duties; or

(b) in possession of body armour as permitted or authorized by his or her employer or commanding officer.

Application for body armour permit

4(1)        A person may apply to the director for a body armour permit.

Application requirements

4(2)        An application for a permit must

(a) be made in writing on a form approved by the director;

(b) set out the reasons why the applicant needs body armour;

(c) include an authorization for the director to carry out the prescribed checks regarding the applicant; and

(d) be accompanied by the prescribed fee.

Refusal to issue body armour permit

5           The director may refuse to issue a body armour permit if

(a) the director determines that the applicant has failed to demonstrate a need to possess body armour;

(b) the director determines that it is not in the public interest for the applicant to possess body armour, having regard to the applicant's character or past conduct; or

(c) the applicant fails to satisfy any additional requirements established by regulation.

Body armour permit

6(1)        The director may issue a body armour permit for a prescribed term.

Terms and conditions

6(2)        The director may impose any terms and conditions on a permit that the director considers appropriate.

Compliance with terms and conditions

6(3)        A permit holder must comply with all terms and conditions imposed on the permit.

Production of permit

6(4)        A permit holder must carry the permit at all times when body armour is in his or her possession, and must produce it to an inspector on request.

Seizure of body armour

7(1)        If a person is in possession of body armour and, on the request of an inspector, the person

(a) refuses or is unable to produce a valid body armour permit; or

(b) is unable to provide satisfactory evidence to the inspector that he or she is exempted from the requirement to hold a body armour permit;

the inspector may seize the person's body armour.

Forfeiture

7(2)        Seized body armour must be returned to the person from whom it was seized if the person, within 72 hours after the seizure, shows the inspector a valid body armour permit or provides satisfactory evidence that he or is she is exempted from the requirement to hold a permit. Body armour that is not returned within the 72-hour period is forfeited to the Crown and is to be destroyed in accordance with directions from the director.

LICENCE TO SELL BODY ARMOUR

Body armour seller's licence required

8(1)        Except as otherwise provided under this Act or the regulations, no person shall sell body armour unless

(a) the person is the holder of a valid body armour seller's licence; or

(b) the person is exempted by regulation from the requirement of this subsection.

Restriction on sale of body armour

8(2)        No person shall sell body armour to another person unless that other person

(a) holds a valid body armour permit; or

(b) is not required to hold a permit.

Application for licence

9(1)        A person may apply to the director for a body armour seller's licence.

Application requirements

9(2)        An application for a licence must

(a) be made in writing on a form approved by the director;

(b) include an authorization for the director to carry out the prescribed checks regarding the applicant; and

(c) be accompanied by the prescribed fee.

Refusal to issue body armour seller's licence

10          The director may refuse to issue a body armour seller's licence if

(a) the director determines that it is not in the public interest for the applicant to sell body armour, having regard to the applicant's character or past conduct; or

(b) the applicant fails to satisfy any additional requirements established by regulation.

Body armour seller's licence

11(1)       The director may issue a body armour seller's licence for a prescribed term.

Terms and conditions

11(2)       The director may impose any terms and conditions on the licence that the director considers appropriate.

Compliance with terms and conditions

11(3)       A licence holder must comply with all terms and conditions imposed on the licence.

Production of licence

11(4)       A licence holder must produce the licence on the request of an inspector.

CANCELLATION

Cancellation of permit or licence

12(1)       The director may cancel a body armour permit or a body armour seller's licence if the director determines that

(a) the holder has contravened this Act; or

(b) it is no longer in the public interest for the holder to have the permit or licence.

Consequences of cancellation

12(2)       When a body armour permit or a body armour seller's licence is cancelled, the holder must immediately return the permit or licence to the director and

(a) return all body armour possessed under the permit or licence to the director; or

(b) dispose of the body armour in accordance with written directions from the director.

PART 3

FORTIFIED VEHICLES

PERMIT TO OWN OR DRIVE A FORTIFIED VEHICLE

Permit required to own or drive fortified vehicle

13(1)       No person shall own or drive a fortified vehicle unless the person holds a valid fortified vehicle permit.

Exemption for permit to drive

13(2)       The following persons do not require a fortified vehicle permit in order to drive a fortified vehicle:

(a) a member of a police service;

(b) a government employee who drives a fortified vehicle in the course of his or her employment;

(c) a prescribed person or a member of a prescribed class of persons.

Restriction on exemption

13(3)       The exemption in clauses (2)(a) and (b) applies only while the person who is the subject of the exemption is driving a fortified vehicle in the course of his of her employment or duties or as permitted or authorized by his or her employer or commanding officer.

Application for fortified vehicle permit

14(1)       A person may apply to the director for a fortified vehicle permit.

Application requirements

14(2)       An application for a permit must

(a) be made in writing on a form approved by the director;

(b) set out the reasons why the applicant needs to own or drive a fortified vehicle;

(c) in the case of an applicant seeking to own a fortified vehicle, specify the fortifications on the vehicle in question;

(d) include an authorization for the director to carry out the prescribed checks regarding the applicant; and

(e) be accompanied by the prescribed fee.

Refusal to issue fortified vehicle permit

15          The director may refuse to issue a fortified vehicle permit if

(a) the director determines that the applicant has failed to demonstrate a need to own or drive a fortified vehicle;

(b) the director determines that it is not in the public interest for the applicant to own or drive a fortified vehicle, having regard to the applicant's character or past conduct; or

(c) the applicant fails to satisfy any additional requirements established by regulation.

Fortified vehicle permit

16(1)       The director may issue a fortified vehicle permit for a prescribed term.

Terms and conditions

16(2)       The director may impose any terms and conditions on a permit that the director considers appropriate.

Compliance with terms and conditions

16(3)       A permit holder must comply with all terms and conditions imposed on the permit.

Permit to be carried while driving

16(4)       A permit holder must have the permit in his or her possession whenever he or she is driving a fortified vehicle, and must produce it to an inspector on request.

Cancellation of permit

17(1)       The director may cancel a fortified vehicle permit if the director determines that

(a) the holder has contravened this Act; or

(b) it is no longer in the public interest for the holder to have the permit.

Consequences of cancellation

17(2)       When a permit is cancelled, the holder must immediately return the permit to the director and, if the holder owns a fortified vehicle, he or she must either

(a) ensure that the fortifications are removed from the vehicle in accordance with written directions from the director; or

(b) dispose of the fortified vehicle in accordance with written directions from the director.

SEIZURE

Seizure of vehicle

18(1)       If an inspector has reasonable grounds to believe there has been a contravention of subsection 13(1) (permit required to own or drive fortified vehicle), the inspector must seize the vehicle involved in the contravention.

Detention of seized vehicle

18(2)       The inspector must ensure that the seized vehicle is taken into custody of the director, who may detain it for no more than 60 days and may conduct any further inspections of the vehicle that he or she considers necessary.

Notice to owner

18(3)       If the owner of the vehicle was not present when it was seized, the director must

(a) take all reasonable steps to notify the owner that the vehicle has been seized;

(b) determine if the owner of the vehicle holds a valid fortified vehicle permit; and

(c) if the owner holds a valid fortified vehicle permit, attempt to determine if the driver of the vehicle was in possession of it without the owner's knowledge or consent.

Personal property to be returned

18(4)       Any personal property in a detained vehicle is to be returned to the owner at the owner's request, unless the property is required as evidence in a prosecution or in connection with an investigation of an offence under this Act.

Return of vehicle to owner

18(5)       The director must return a vehicle that has been detained under this section to its owner if

(a) further inspection of the vehicle determines that it is not a fortified vehicle;

(b) the director is satisfied that no breach of subsection 13(1) has occurred; or

(c) the owner of the vehicle holds a valid fortified vehicle permit and the director is satisfied that

(i) the driver of the vehicle was in possession of it without the owner's knowledge or consent, or

(ii) it is not in the public interest to issue a compliance notice in respect of the vehicle.

COMPLIANCE NOTICES, FORFEITURE AND DESTRUCTION OF FORTIFIED VEHICLES

Fortified vehicle compliance notice

19(1)       When a vehicle that has been seized under section 18 is not returned to its owner, the director may serve a fortified vehicle compliance notice on

(a) the owner of the vehicle; and

(b) any person with a prior registered interest in the vehicle.

Content of notice

19(2)       A compliance notice must include the following information:

(a) the year, make and vehicle identification number of the vehicle that is the subject of the notice;

(b) a detailed list of all fortifications on the vehicle;

(c) a statement of the costs to seize and detain the vehicle until the deadline set out in clause (e);

(d) a statement of the cost to remove all fortifications from the vehicle, certified by the director;

(e) a statement that the vehicle will be forfeited to the Crown and destroyed by the director unless — before a deadline set out in the notice — the owner of the vehicle or a person with a prior registered interest in the vehicle pays to the director the seizure and detention costs and the costs to remove the fortifications set out in the notice;

(f) a statement that the owner of the vehicle may seek to quash the notice and have the vehicle returned by

(i) filing a notice of application with the court within 14 days after the notice was served on the owner, and

(ii) serving the notice of application on the director.

Deadline

19(3)       The deadline referred to in clause (2)(e) must be at least 21 days after the director issues the compliance notice.

Service

19(4)       A compliance notice must be served in the prescribed manner.

Notice in Personal Property Registry

20(1)       As soon as possible after issuing a compliance notice, the director must file notice of the compliance notice, in the prescribed form, against the vehicle that is the subject of the compliance notice in the Personal Property Registry continued under The Personal Property Security Act.

Discharge of notice

20(2)       The director must apply to have a notice under subsection (1) discharged as soon as possible after

(a) the vehicle that is the subject of the compliance notice is returned to the owner under section 22 (return of vehicle once fortifications removed); or

(b) the court makes an order quashing the compliance notice under section 23 (application for return of vehicle).

Forfeiture of fortified vehicle

21(1)       Subject to section 24 (no action re seized vehicle), a vehicle that is the subject of a compliance notice is automatically forfeited to the Crown if the director does not receive the seizure and detention costs and the costs to remove the fortifications from the vehicle by the deadline set out in the notice.

No assumption of security interest

21(2)       The Crown does not assume any covenants or other obligations under a security interest or other lien or charge on a forfeited vehicle.

Destruction of forfeited vehicle

21(3)       The director must arrange for the destruction of a fortified vehicle as soon as practicable after it is forfeited under subsection (1).

Return of vehicle once fortifications removed

22          If — before the deadline set out in the compliance notice — the seizure and detention costs and the costs to remove the fortifications from the vehicle set out in the notice are paid to the director, the director must return the vehicle to its owner after all fortifications have been removed from the vehicle.

APPLICATION TO COURT

Application for return of vehicle

23(1)       The owner of a vehicle that is the subject of a compliance notice may apply to the court for an order quashing the notice and requiring the vehicle to be returned to the owner.

Time for application

23(2)       The notice of application must be filed with the court and served on the director within 14 days after the compliance notice is served on the owner of the vehicle.

Director party to application

23(3)       The director is a party to the application and is entitled to be heard, by counsel or otherwise, at the hearing of the application.

Order returning vehicle

23(4)       The court may make an order quashing the compliance notice and requiring the vehicle to be returned to its owner if

(a) the court is satisfied that the vehicle is not a fortified vehicle; or

(b) when the vehicle was driven by a person who did not hold a valid fortified vehicle permit, the court is satisfied that

(i) the owner of the vehicle is the holder of a valid fortified vehicle permit, and

(ii) the driver had possession of the vehicle without the knowledge or consent of the owner.

Revised compliance notice

23(5)       If the court dismisses the owner's application, the director must serve a revised compliance notice on the owner that

(a) contains the information set out in clauses 19(2)(a), (b) and (d) of the original compliance notice;

(b) sets out the costs to seize and detain the vehicle until 21 days after the owner's application was dismissed; and

(c) contains a statement that the vehicle will be forfeited to the Crown and destroyed by the director unless the owner pays to the director the seizure and detention costs and the costs to remove the fortifications set out in the notice within 21 days after the application was dismissed.

Applicable provisions

23(6)       Subsection 19(4) and sections 21 and 22 apply, with necessary changes, to a revised compliance notice, except that the owner of a vehicle may not apply to court to quash a revised compliance notice.

No action re seized vehicle

24(1)       When an application under section 23 has been filed, the director may not take any action in respect of the vehicle that is the subject of the compliance notice, except in accordance with this Act or an order of the court.

Extension of detention

24(2)       Despite subsection 18(2) (detention of seized vehicle), once an application under section 23 has been filed, the director may continue to detain the vehicle until the application has been heard, dismissed or abandoned.

PART 4

ENFORCEMENT AND PENALTIES

INSPECTORS

Designating inspectors

25(1)       The minister may designate a person or class of persons employed by the government as inspectors for the purpose of administering and enforcing this Act.

Identification

25(2)       An inspector exercising a power under this Act must produce identification on request.

Inspection powers

26(1)       For the purpose of enforcing this Act, an inspector who has reasonable grounds to believe that a vehicle is a fortified vehicle may signal or request the driver of the vehicle to stop or remain stopped in order to enable the inspector to perform an inspection of the vehicle under subsection (3).

Duty of driver during inspection

26(2)       When requested or signalled by an inspector, the driver of the vehicle must

(a) immediately bring the vehicle to a safe stop, or remain stopped;

(b) produce any documents the inspector requests;

(c) allow the inspector to inspect the vehicle; and

(d) not proceed until permitted to do so by the inspector.

Inspection of vehicle

26(3)       When a vehicle has been stopped for an inspection, an inspector may examine the vehicle and may measure and photograph the vehicle and perform any other tests that the inspector considers necessary to determine if the vehicle is a fortified vehicle.

Warrant for search and seizure

27(1)       A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found in any place, premises or vehicle any thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the place, premises or vehicle for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law.

Application without notice

27(2)       A warrant under this section may be issued upon application without notice.

Power without warrant

27(3)       Despite subsection (1), an inspector may exercise the power of search and seizure without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one. In that case, the item seized shall be brought before, or reported to, a justice, who shall deal with it according to law.

No obstruction

28          No person shall obstruct, impede or refuse to admit an inspector who is exercising powers or performing duties under this Act or a warrant issued under, or for the purposes of enforcing, this Act.

OFFENCES AND PENALTIES

Offences

29(1)       A person who contravenes a provision of this Act or the regulations is guilty of an offence.

False or misleading information

29(2)       A person who knowingly provides false or misleading information when applying for a permit or licence under this Act is guilty of an offence.

Penalty — individuals

29(3)       An individual who commits an offence under this Act or the regulations is liable on summary conviction to a fine of not more than $10,000, or imprisonment for a term of not more than three months, or both.

Penalty — corporations

29(4)       A corporation that commits an offence under this Act or the regulations is liable on summary conviction to a fine of not more than $25,000.

Liability of directors and officers

29(5)       If a corporation commits an offence under this Act or the regulations, a director, officer, employee or agent of the corporation who authorized, permitted, participated or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties set out in subsection (3), whether or not the corporation has been prosecuted or convicted.

PART 5

MISCELLANEOUS PROVISIONS

Temporary exemption for non-residents

30           The director may, by written authorization, exempt a person from the requirement to hold a body armour permit or a fortified vehicle permit for a specified period if the director is satisfied that

(a) the person does not reside in Manitoba; and

(b) the nature of the person's proposed activities in Manitoba makes it desirable that the person be authorized to possess body armour or drive a fortified vehicle for the specified period.

Notice of decision

31          The director must give written notice of decisions under the following provisions:

(a) section 5 (refusal to issue body armour permit);

(b) section 10 (refusal to issue body armour seller's licence);

(c) section 12 (cancellation of body armour permit or body armour seller's licence);

(d) section 15 (refusal to issue fortified vehicle permit);

(e) section 17 (cancellation of fortified vehicle permit);

(f) section 32 (review of director's decision).

Review of director's decision

32(1)       A person affected by a decision of the director referred to in clauses 31(a) to (e) may request the director to review the decision.

Request requirements

32(2)       The request must

(a) be made in writing;

(b) set out the reasons for the request; and

(c) be received by the director within 30 days after notice of the decision was given.

No hearing required

32(3)       The director is not required to hold a hearing when a request for review is made, but the director must give the person seeking the review the opportunity to make written submissions.

Decision on review

32(4)       The director may confirm the original decision, or may revoke or vary it in any manner the director considers appropriate.

Request not a stay

32(5)       A request for review does not operate as a stay of the decision under review.

No appeal

32(6)       The decision of the director on a review is final and is not subject to further review or appeal.

Director may retain tradespersons

33          The director may retain the services of any mechanics, tradespersons or other workers that he or she considers necessary to remove fortifications from a vehicle or destroy a fortified vehicle or body armour that is forfeited under this Act.

Responsibility for costs

34(1)       The owner of a fortified vehicle that is forfeited and destroyed under section 21 must, on demand from the director, pay to the Minister of Finance the costs of seizing, detaining and destroying the vehicle, in the amount certified by the director.

Costs a debt to the Crown

34(2)       An amount payable under subsection (1) is a debt due to the Crown and may be recovered from a person in accordance with this section.

Certificate of debt

34(3)       The director may issue a certificate showing

(a) the name and address of a person who is liable to pay and has not paid a debt due to the Crown under subsection (1);

(b) the amount of the debt; and

(c) the director's address for service;

and the certificate is evidence of the amount of the debt due to the Crown by the person at the time the certificate is issued.

Filing of certificate

34(4)       A certificate issued under this section may be filed in the court, and when it is filed,

(a) the obligation to pay the amount certified is enforceable as if it were a judgment of the court in favour of the Crown; and

(b) the certificate is deemed for the purposes of Part XIV of The Court of Queen's Bench Act to be an order of the court

(i) pronounced on the day the certificate is filed, and

(ii) on which postjudgment interest is payable under that Part.

Protection from liability

35          No person may commence or maintain an action or other proceeding against the Crown, the director, an inspector or any other person engaged in the administration of this Act

(a) in respect of any act done in good faith, or any neglect or default, in the performance or intended performance of a responsibility or in the exercise or intended exercise of a power under this Act; or

(b) for compensation for any damage, injury or loss in value caused by or during, or arising from, the removal of any fortification from a vehicle or the destruction of a forfeited vehicle.

Regulations

36(1)       The Lieutenant Governor in Council may make regulations

(a) prescribing circumstances in which the use of prescribed materials on a limited portion of a vehicle will not result in the vehicle being considered to be a fortified vehicle;

(b) establishing additional requirements to be satisfied by applicants for a permit or licence under the Act;

(c) respecting records and information to be maintained by the holder of a body armour seller's licence, and the manner in which records and information are to be provided to the director;

(d) respecting the duties and obligations of the holder of a permit or licence under the Act;

(e) exempting a person or class of persons from all or any part of this Act, subject to any conditions or restrictions specified in the regulation;

(f) respecting the costs of seizing and detaining vehicles under this Act, including the towing, transportation and storage costs of seized vehicles;

(g) respecting the costs of removing fortifications from a vehicle;

(h) respecting the return of vehicles or body armour seized under this Act;

(i) defining words or phrases used but not defined in this Act;

(j) prescribing any matter required or authorized by this Act to be prescribed by regulation;

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

Incorporation by reference

36(2)       A regulation under subsection (1) may adopt by reference, with any changes the Lieutenant Governor in Council considers appropriate, all or part of a code, rule or standard made by a governmental authority or any other body, and the code, rule or standard may be adopted as amended from time to time.

C.C.S.M. reference

37          This Act may be referred to as chapter B65 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

38          This Act comes into force on a day to be fixed by proclamation.

 

 
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