The Protection of Critical Infrastructure Act

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3rd Session, 42nd Legislature

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Bill 57

THE PROTECTION OF CRITICAL INFRASTRUCTURE ACT

Table of Contents

Bilingual version (PDF)

Explanatory Note

(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:

Definitions

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 »)

CRITICAL INFRASTRUCTURE

What is critical infrastructure?

2(1)

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 presumed to be critical

2(2)

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.

Inclusion of land and premises

2(3)

For the purposes of this Act, land or premises on which critical infrastructure is located is considered to form part of the critical infrastructure.

Infrastructure under construction

2(4)

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

Application for court order

3(1)

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.

Hearing on urgent basis

3(2)

The court must hear an application for an order establishing a critical infrastructure protection zone on an urgent basis.

Queen's Bench Rules apply

3(3)

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.

Order establishing critical infrastructure protection zone

4(1)

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.

Content of order

4(2)

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;

(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.

Person need not be named

4(3)

The order is not invalid for the sole reason that a person to whom it is directed is not named but is merely described.

Designating area where people may congregate

5(1)

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.

Location of area

5(2)

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

Application without notice

6(1)

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.

Time limit for order

6(2)

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.

Power to extend, vary or revoke

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

Offence and penalties

8(1)

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.

Liability of directors and officers

8(2)

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.

Continuing offence

8(3)

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.

Seizure powers

9(1)

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.

How seized items to be dealt with

9(2)

A thing seized in accordance with subsection (1) must be dealt with in accordance with Part 4 of The Provincial Offences Act.

Forfeiture of seized items

9(3)

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.

Licence suspension or disqualification

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.

GENERAL

Regulations

The Lieutenant Governor in Council may make regulations prescribing infrastructure presumed to be critical infrastructure.

Remedies

The rights and remedies established under this Act are in addition to the rights and remedies provided under any other law.

C.C.S.M. reference

This Act may be referred to as chapter P148 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

This Act comes into force on the day it receives royal assent.

SCHEDULE

AGRICULTURE AND FOOD PRODUCTION

Animal feed processing and packaging facilities

Animal feedlots

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

COMMUNICATIONS

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

FINANCE

Facilities required for the delivery of banking services

GOVERNMENT

Facilities required for the delivery of government services to the public or for the effective functioning of the Legislature

HEALTH CARE

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

Medical laboratories

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

Courthouses

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

TRANSPORTATION

Airports

Ferry operations

Provincial trunk highways

Public transit systems and inter-municipal bus services

Railways, including railway yards and intermodal terminals

WASTE DISPOSAL

Hazardous waste disposal facilities

Municipal garbage collection facilities

Sanitary landfills

WATER, SEWER AND DRAINAGE

Designated dyking systems, provincial waterways and water control works, as those terms are defined in The Water Resources Administration Act

Drainage systems

Sewage collection and treatment facilities

Water supply, treatment and distribution facilities

Explanatory Note

This Bill establishes The Protection of Critical Infrastructure Act.

An owner or operator of infrastructure may apply to the Court of Queen's Bench for an order to respond to interference with infrastructure.

For an order to be made, the court must be satisfied that the infrastructure is critical infrastructure and is being interfered with to the extent that an order is necessary to enable the safe and timely construction, use or operation of the infrastructure.

Infrastructure is critical if it makes a significant contribution to the health, safety, security or economic well-being of Manitobans. A list of infrastructure presumed to be critical is set out in the Schedule to the Act and additions to the list may be made by regulation.

The court order may establish a critical infrastructure protection zone. People may be prohibited from entering the zone or engaging in specified conduct within it, and may also be prohibited from interfering or blocking others from accessing the zone.

When making an order, the court may designate an area near the critical infrastructure where people may gather to express their views, if the court believes the designation is necessary to protect the rights to freedom of speech and freedom of assembly and the designation does not cause a safety risk.

The order must be of limited duration if it is made without notice.

It is an offence to disobey a court order establishing a critical infrastructure protection zone. Items used in the commission of the offence, such as motor vehicles or trailers used to establish a blockade, may be seized and forfeited on conviction.

The court may suspend the driver's licence of a person who uses a vehicle to commit an offence under the Act.