2nd Session, 43rd Legislature

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Bill 32

THE RESIDENTIAL TENANCIES AMENDMENT ACT (MEASURES TO ADDRESS UNLAWFUL ACTIVITIES)

(Assented to                                         )

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

C.C.S.M. c. R119 amended

1   The Residential Tenancies Act is amended by this Act.

2(1)   Clause 96(3)(a) is amended, in the part after subclause (iii), by striking out "immediate risk" and substituting "significant risk".

2(2)   The following is added after subsection 96(3):

Deemed significant safety risk

96(3.1)   For the purpose of subsection (3), the following unlawful activities are deemed to pose a significant risk to the safety of persons in a residential complex:

(a) the trafficking of a controlled substance in contravention of the Controlled Drugs and Substances Act (Canada);

(b) the sale of cannabis in contravention of The Liquor, Gaming and Cannabis Control Act;

(c) human trafficking under section 279.01 or 279.011 of the Criminal Code (Canada).

3   The following is added after subsection 154(1.0.1):

Relevant information re unlawful activity

154(1.0.2)   When determining whether to grant an order of possession to a landlord for a contravention of section 74.1, the director may consider any relevant evidence or information, including evidence from, or a written statement, photograph, document or video or audio recording provided by, one or more of the following persons:

(a) a police officer as defined in The Police Services Act;

(b) an investigator appointed or designated under The Safer Communities and Neighbourhoods Act;

(c) a member of a community safety organization or community organization that supports vulnerable persons;

(d) a person who provides security services at the residential complex;

(e) a caretaker, janitor, manager or superintendent of the residential complex;

(f) a firefighter, paramedic or emergency medical responder;

(g) a person appointed or designated under The Municipal Act or The City of Winnipeg Charter to enforce municipal by-laws;

(h) a public health inspector appointed or designated under The Public Health Act;

(i) an employee or representative of a child and family services agency;

(j) a person with specialized knowledge, training or experience on indicators of unlawful activity;

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

Restrictions if police or investigator gives evidence on unlawful activities

154(1.0.3)   If a police officer or an investigator under The Safer Communities and Neighbourhoods Act gives evidence respecting a contravention of section 74.1, they cannot be compelled to give evidence or produce a document that might

(a) reveal the identity of a confidential informant or a complainant under The Safer Communities and Neighbourhoods Act, or otherwise jeopardize the safety of a person; or

(b) negatively affect

(i) an ongoing investigation or operation, or

(ii) the utility of investigative or intelligence-gathering techniques used by police or the investigator.

Consequential amendment, C.C.S.M. c. S5

4   The following is added after subsection 32(2) of The Safer Communities and Neighbourhoods Act:

Permitted disclosure in proceeding under Residential Tenancies Act

32(3)   If an investigator gives evidence in a proceeding under The Residential Tenancies Act respecting a contravention of section 74.1 of that Act, they may give evidence about information obtained for the purposes of this Act or produce a document obtained for the purposes of this Act, subject to the restrictions set out in subsection 154(1.0.3) of that Act.

Coming into force

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