3rd Session, 42nd Legislature
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THE PROTECTION OF CRITICAL INFRASTRUCTURE ACT
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(Assented to )
WHEREAS there exists a constitutional right to freedom of assembly and freedom of expression, which includes the right to assemble in public places for the purpose of democratic discourse;
AND WHEREAS throughout Manitoba there exists critical infrastructure the use of which contributes significantly to the health, safety, security and economic well-being of Manitobans;
AND WHEREAS it is in the interest of all Manitobans that critical infrastructure be protected from interference while respecting the right to assemble for the purpose of democratic discourse;
THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"court" means the Court of Queen's Bench. (« tribunal »)
"critical infrastructure" means infrastructure that meets the requirements of subsection 2(1). (« infrastructures essentielles »)
"driver's licence" means a driver's licence as defined in The Drivers and Vehicles Act. (« permis de conduire »)
"motor vehicle" means a motor vehicle as defined in subsection 1(1) of The Highway Traffic Act. (« véhicule automobile »)
"trailer" means a trailer as defined in The Highway Traffic Act. (« remorque »)
Infrastructure is critical infrastructure if the use or presence of the infrastructure makes a significant contribution to the health, safety, security or economic well-being of Manitobans.
Infrastructure of a type listed in the Schedule or prescribed in the regulations must be presumed to be critical infrastructure, unless the contrary is proven.
For the purposes of this Act, land or premises on which critical infrastructure is located is considered to form part of the critical infrastructure.
If infrastructure is under construction,
(a) it is considered to be critical infrastructure if it is expected to meet the criteria set out in subsection (1) once construction is complete and the infrastructure is operational; and
(b) the presumption in subsection (2) applies to the infrastructure, with necessary changes.
CRITICAL INFRASTRUCTURE PROTECTION ZONE
If the owner or operator of critical infrastructure believes that the construction, operation, use, maintenance or repair of the infrastructure is being interfered with, hindered or delayed by any person, the owner or operator may bring an application to the court for an order establishing a critical infrastructure protection zone.
The court must hear an application for an order establishing a critical infrastructure protection zone on an urgent basis.
The Queen's Bench Rules apply to an application for an order establishing a critical infrastructure protection zone, except to the extent they are inconsistent with this Act.
On an application under section 3, the court may make an order in accordance with subsection (2) if the court is satisfied that
(a) the infrastructure is critical infrastructure;
(b) the construction, operation, use, maintenance or repair of the critical infrastructure is being interfered with, hindered or delayed; and
(c) the order is necessary to allow for the critical infrastructure to be constructed, operated, used, maintained or repaired in a safe manner and without unreasonable delays.
The order may do one or more of the following:
(a) designate an area surrounding the critical infrastructure as a critical infrastructure protection zone;
(b) prohibit or restrict a person from entering the critical infrastructure protection zone;
(c) prohibit or restrict specified conduct within the critical infrastructure protection zone;
(d) prohibit or restrict the interference with or blockading of any access required to bring people or materials into the critical infrastructure protection zone;
(e) set out the manner in which notice of the order is to be given;
(f) subject to section 6, specify the period of time within which the order is effective;
(g) set out the manner in which notice is to be provided of any motion to extend, vary or revoke the order;
(h) address any other matter the court considers appropriate.
The order is not invalid for the sole reason that a person to whom it is directed is not named but is merely described.
When making an order under section 4, the court may designate an area near or within the critical infrastructure protection zone as an area where people may congregate for the purpose of exercising their rights to freedom of assembly and freedom of expression, if the court is satisfied that
(a) the designation is necessary for those rights to be adequately protected; and
(b) the designation does not create a safety risk to any person.
In designating an area under subsection (1), the court must have regard to the need for the area to be
(a) on public property;
(b) as close to the critical infrastructure as practicable; and
(c) visible to members of the public.
If the court is satisfied that it would be impractical for an applicant to provide notice of an application for an order establishing a critical infrastructure protection zone, the court may make the order without notice.
An order made under subsection (1) on an application without notice
(a) must not be made for a period of more than 10 days from the date it is made; and
(b) must fix a date on which persons affected by the order, including the owner or operator, may make submissions to the court as to whether the order should be extended, varied or revoked.
On motion by the owner or operator or any person affected by the order, or on the date fixed in accordance with section 6, the court may extend, vary or revoke an order establishing a critical infrastructure protection zone.
OFFENCE AND PENALTIES
A person who contravenes an order made under section 4, or who knowingly helps or counsels another person to do so, is guilty of an offence and is liable on conviction
(a) in the case of an individual, to a fine of not more than $5,000, or to imprisonment for a term of not more than 30 days, or both; and
(b) in the case of a corporation, to a fine of not more than $25,000.
If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction to the penalties set out in clause (1)(a), whether or not the corporation has been prosecuted or convicted.
When a contravention under this Act continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.
A peace officer who discovers an offence being committed under this Act may seize any motor vehicle, trailer or other thing that is used as an instrument in the commission of the offence or is evidence of the offence.
A thing seized in accordance with subsection (1) must be dealt with in accordance with Part 4 of The Provincial Offences Act.
In addition to any other penalty that may be imposed, a justice who convicts a person of an offence under this Act may order that any item seized under subsection (1) be forfeited to the Crown and disposed of as directed by the minister responsible for the administration of this Act.
If a person uses a motor vehicle or trailer to interfere with, hinder or delay the construction, operation, use, maintenance or repair of critical infrastructure in a manner prohibited by an order made under section 4 then, in addition to any other penalty that may be imposed, the court may
(a) suspend the person's driver's licence for a term of not more than one year; or
(b) disqualify the person from holding a driver's licence for a term of not more than one year if, at the time of the conviction,
(i) the person does not hold a driver's licence, or
(ii) the person's driver's licence is suspended or they are disqualified from holding a licence.
The Lieutenant Governor in Council may make regulations prescribing infrastructure presumed to be critical infrastructure.
The rights and remedies established under this Act are in addition to the rights and remedies provided under any other law.
This Act may be referred to as chapter P148 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.
AGRICULTURE AND FOOD PRODUCTION
Animal feed processing and packaging facilities
Animal processing facilities
Beverage production facilities, including bottling plants for water
Facilities for the manufacturing of food packaging or beverage packaging products
Food processing facilities
Food storage and distribution facilities, including wholesale markets
Grocery stores and other stores that sell food products
Public safety answering points, as defined in The Emergency 911 Public Safety Answering Point Act, and their related infrastructure
Radio and telecommunications infrastructure, including public broadcasting systems
Facilities required for the delivery of banking services
Facilities required for the delivery of government services to the public or for the effective functioning of the Legislature
Ambulance and patient transport services
Hospitals and medical clinics
Isolation or quarantine facilities established under The Public Health Act
Medical goods manufacturing and medical drug manufacturing facilities
Personal care homes
JUSTICE AND PUBLIC SAFETY
Buildings hosting a quasi-judicial tribunal established under an Act of the Legislature or the Parliament of Canada
Infrastructure required for the administration of the criminal law system, including penitentiaries and provincial custodial facilities
Infrastructure required for the administration of the family law system, the resolution of civil legal disputes and the enforcement of judicial orders
Police, fire and emergency medical response systems and their related infrastructure
OIL, GAS AND ELECTRICITY
Distribution and storage systems for chemicals or fuel
Infrastructure used for the generation, transmission or distribution of electricity
Infrastructure used for the production or refining of crude oil or natural gas
Natural gas distribution and storage systems
Oil or natural gas pipelines
Provincial trunk highways
Public transit systems and inter-municipal bus services
Railways, including railway yards and intermodal terminals
Hazardous waste disposal facilities
Municipal garbage collection facilities
WATER, SEWER AND DRAINAGE
Designated dyking systems, provincial waterways and water control works, as those terms are defined in The Water Resources Administration Act
Sewage collection and treatment facilities
Water supply, treatment and distribution facilities