Second 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 10
THE SAFER COMMUNITIES AND NEIGHBOURHOODS AND CONSEQUENTIAL AMENDMENTS ACT
Section | Table of Contents |
DEFINITIONS | |
1(1) | Definitions |
(2) | Meaning of "adversely affected" |
COMPLAINTS TO DIRECTOR | |
2(1) | Complaint to director |
(2) | Form of complaint |
3(1) | Actions of director after receiving a complaint |
(2) | Director's discretion |
(3) | If director decides not to act |
APPLICATION BY DIRECTOR FOR COMMUNITY SAFETY ORDER | |
4 | Application for order |
5(1) | Application of Queen's Bench Rules |
(2) | Respondent to the application |
(3) | Application to be heard on an urgent basis |
(4) | Factual allegations may differ from complaint |
6(1) | When court may make community safety order |
(2) | Content of community safety order |
(3) | Mandatory content of community safety order |
(4) | Respondent may apply to set aside closure |
(5) | Court may set aside or vary order |
7(1) | Emergency closure |
(2) | Mandatory content of order |
8(1) | Closure order at later date |
(2) | Order |
(3) | Content of order |
(4) | Director may ask for an order more than once |
9 | Length of closure period |
10 | Order may be made for part of a property |
11(1) | Service of order by director |
(2) | Director may enter property to post order |
(3) | Service of order by respondent |
(4) | Director may serve if respondent fails to serve |
APPLICATION FOR VARIATION ORDER BY RESIDENT OF RESIDENTIAL PROPERTY | |
12(1) | Definition of "resident" |
(2) | Application for variation order by resident |
(3) | Time for applying |
(4) | Court may extend time for applying |
(5) | Application does not stay order |
(6) | When court may vary community safety order |
(7) | Content of variation order |
(8) | Factors that may be considered |
(9) | Order may be subject to conditions |
APPLICATION BY COMPLAINANT FOR COMMUNITY SAFETY ORDER | |
13(1) | Application by complainant for order |
(2) | Director's confirmation required |
(3) | Application must be filed within two months |
(4) | Application of previous provisions |
(5) | No adverse inference from action or inaction of director |
14(1) | Notice to director |
(2) | Manner of service or notification |
15(1) | Abandonment of application |
(2) | No abandonment without director's confirmation |
16 | Court may continue application in director's name |
17 | Director may intervene in certain applications |
FRIVOLOUS OR VEXATIOUS APPLICATIONS | |
18(1) | Costs on frivolous or vexatious applications |
(2) | Costs to be paid to Minister of Finance |
CONSENT ORDERS AND UNCONTESTED ORDERS | |
19 | Court must consider merits |
APPEALS AND OTHER PROCEEDINGS | |
20(1) | Appeal only by leave |
(2) | Time for application for leave to appeal |
(3) | No appeal of decision re leave |
(4) | No appeal of order under section 12 |
21 | Limitation on other actions and proceedings |
CLOSURE OF PROPERTY BY THE DIRECTOR | |
22(1) | Director may enter property |
(2) | Director may employ tradespersons etc. |
(3) | Director may attach locks etc. |
(4) | Director may allow access to property |
(5) | Director not responsible for opening of property |
23 | Occupants required to leave property |
24(1) | Director to help with alternative accommodations |
(2) | Non-application of subsection (1) |
25(1) | Respondent must pay cost of closing property |
(2) | Cost of closure a debt to the Crown |
(3) | Certificate of debt |
(4) | Filing of certificate |
ROLE OF THE DIRECTOR | |
26(1) | Director's authority to obtain and disclose information |
(2) | Certain persons required to provide information |
(3) | Disclosing information to assist with service |
27 | Information provided under qualified privilege |
28(1) | Director may delegate |
(2) | Director may authorize investigator |
29 | Director to work with agencies and neighbourhood groups |
30 | Director to notify Director of Child and Family Services |
CONFIDENTIALITY OF COMPLAINT | |
31(1) | Complaint confidential |
(2) | Application of subsection (1) |
32(1) | Not compellable as witness |
(2) | Non-application of clauses (1)(b) and (c) |
OFFENCES AND PENALTIES | |
33 | Prohibition on removing posted order or notice |
34 | Prohibition on entry into closed property |
35(1) | Prohibition on respondent ignoring order |
(2) | Prohibition on others ignoring order |
(3) | Continuing offence |
(4) | Penalty for ignoring order |
36 | Failure to inform third party about application or order |
37 | Directors and officers of corporations |
GENERAL PROVISIONS AND REGULATIONS | |
38(1) | Effect of transfer of property during application |
(2) | Effect of transfer of property while order in effect |
(3) | Court order is binding on third party |
39 | Cause of action not exclusive |
40 | Protection from liability |
41 | Priority over other Acts |
42 | Act binds the Crown |
43(1) | Peace officer to assist in posting or serving |
(2) | Peace officers to assist in carrying out order |
(3) | Peace officers' powers |
44 | Regulations |
CONSEQUENTIAL AMENDMENTS | |
45 | Consequential amendment, C.C.S.M. c. R119 |
(2) | Orders under Safer Communities and Neighbourhoods Act |
(3) | Application of subsection 80(2) |
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
46 | Repeal |
47 | C.C.S.M. reference |
48 | Coming into force |