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S.M. 2012, c. 17

Bill 15, 1^st Session, 40^th Legislature

The Fortified Buildings Amendment Act

(Assented to June 14, 2012)

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

C.C.S.M. c. F153 amended

1

The Fortified Buildings Act is amended by this Act.

2

The preamble is amended by adding the following after the third paragraph:

AND WHEREAS traps pose a threat to emergency response personnel, law enforcement officials and members of the public;

3

Subsection 1(1) is amended by adding the following definitions:

"police officer" means a member of

(a) a municipal police service,

(b) the Royal Canadian Mounted Police, or

(c) a prescribed agency or organization; (« agent de police »)

"prescribed" means prescribed by regulation;

"property" means any real property, regardless of whether a building is located on the property; (« propriété »)

"trap" means a device, contrivance or other thing that is triggered by the presence or actions of a person and that is likely to cause death or bodily harm to the person; (« piège »)

4

The following is added after section 14 and before the centred heading that follows it:

TRAPS

Traps prohibited

14.1         Except as permitted by regulation, no person shall

(a) place, set or construct a trap on a property; or

(b) knowingly permit a trap to remain on a property that he or she owns or occupies.

Warrant

14.2

A justice who is satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under section 14.1 has been committed or is being committed; and

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

may issue a warrant authorizing an inspector or a police officer to enter and search the place for the thing and to seize it, and to bring it before a justice or to report on it to a justice to be dealt with according to law.

Removal of trap

14.3(1)

If an inspector or police officer discovers a trap on a property, he or she must

(a) arrange for the trap to be removed or disabled as soon as it is practicable to do so; and

(b) take steps to prevent any person from coming into contact with the trap until it has been removed or disabled;

unless the trap is being used as permitted by regulation.

Responsibility for cost of removal

14.3(2)

The owner of a property on which a trap has been removed or disabled must, on demand from the director, pay to the Minister of Finance the cost of removing or disabling the trap, in the amount certified by the director. In this case, subsections 14(2) to (4) apply, with necessary changes.

5(1)

Subsection 15(1) is amended by striking out "or" at the end of clause (c), adding "or" at the end of clause (d) and adding the following after clause (d):

(e) contravenes section 14.1.

5(2)

Subsection 15(2) is amended in the part before clause (a) by striking out "A person who" and substituting "Subject to subsection (2.1), a person who".

5(3)

The following is added after subsection 15(2):

Penalties re trap

15(2.1)

A person who is guilty of contravening section 14.1 is liable, on summary conviction,

(a) in the case of an individual, to a fine of not more than $25,000 or imprisonment for a term of not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $50,000.

5(4)

Subsection 15(3) is amended by adding "or (2.1)(a)" after "clause (2)(a)".

6

Clause 16(b) is amended by adding "or trap" after "fortification".

7

The following is added after clause 19(e):

(e.1) prescribing circumstances when a prescribed type of trap may be used;

(e.2) prescribing anything referred to in this Act as being prescribed;

Coming into force

8

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