The Street Weapons Control Act

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3rd Session, 43rd Legislature

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Bill 9

THE STREET WEAPONS CONTROL ACT

Table of Contents

Bilingual version (PDF)

Explanatory Note

(Assented to )

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

INTRODUCTORY PROVISIONS

Definitions

1 The following definitions apply in this Act.

"enforcement officer" means

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

(b) a community safety officer, First Nation safety officer or institutional safety officer appointed under The Police Services Act; and

"First Nation" means a band as defined in the Indian Act (Canada) and includes the council of a band. (« Première nation »)

"long-bladed weapon" means a long-bladed weapon as defined in The Long-Bladed Weapon Control Act. (« arme à lame longue »)

"pepper spray" means a product that discharges a liquid, aerosol or vapour that contains capsaicin or capsaicinoids in a concentration of 0.6% or more. (« vaporisateur de poivre »)

"population centre" means a city, town or village and any other area where private residences are located in close proximity to each other. (« agglomération »)

"prescribed" means prescribed by regulation. (Version anglaise seulement)

"private residence" means any of the following places that are occupied and used by a person as their dwelling:

(a) a house, apartment, condominium or other dwelling unit in a multi-unit residence;

(b) a cottage, cabin or other seasonal residence;

including any outbuildings that are normally used by occupants. (« résidence privée »)

"public space in a population centre" means any of the following in a population centre:

(a) a place or building that members of the public are permitted to access;

(b) a public transit vehicle, taxi or other vehicle for hire;

(d) a highway, street, road or other thoroughfare;

(e) the common areas of an apartment, condominium or other multi-unit residence;

(f) any unoccupied land;

(g) any other prescribed place or building. (« endroit public situé dans une agglomération »)

"street weapon" means, subject to the regulations,

(a) a long-bladed weapon;

(b) an axe or hatchet;

(d) any other prescribed item. (« arme de rue »)

Application

2(1) Subject to subsection (2), this Act applies to all areas of the province.

First Nations may opt in to Act

2(2) This Act applies to a First Nation only if the First Nation opts in to the application of this Act in accordance with the regulations.

STREET WEAPONS IN POPULATION CENTRES PROHIBITED

Street weapons in population centres prohibited

3(1) Subject to this section and the regulations, a person must not possess a street weapon in a public space in a population centre.

Permitted transport

3(2) Subsection (1) does not prohibit a person from transporting a street weapon in accordance with the regulations

(a) from the place where it was lawfully obtained to a place where it may lawfully be stored or used; or

(b) from a place where it was lawfully stored or used to another place where it may lawfully be stored or used.

Permitted possession of pepper spray

3(3) An employee of Canada Post Corporation or a courier company or prescribed employer may possess pepper spray in a public space in a population centre if the employee reasonably requires pepper spray for protection from wildlife or other animals during the course of their duties.

Exempt persons

3(4) Subsection (1) does not apply to the following persons:

(a) an enforcement officer;

(b) a manufacturer, distributor or retailer of street weapons or a common carrier who is transporting street weapons, and any of their employees or agents while acting in the normal course of their duties;

(c) a person who, in the ordinary course of their business, trade or profession, reasonably requires the use or possession of a street weapon;

(d) any other prescribed person or class of prescribed persons.

SEIZURE AND FORFEITURE OF STREET WEAPONS

Seizure

4(1) An enforcement officer who witnesses a person in possession of a street weapon in a public space in a population centre may seize the street weapon from the person if the enforcement officer believes on reasonable grounds that the possession contravenes this Act.

Charges not required

4(2) An enforcement officer may seize a street weapon from a person in a public space in a population centre whether or not the person is charged with an offence under this Act.

Request for return of seized street weapon

5(1) Subject to subsection (3), the person from whom a street weapon is seized may make a written request seeking the return of the street weapon in accordance with the regulations.

Request deadline

5(2) A request for the return of a seized street weapon must be made to a prescribed person

(a) if the person making the request is not charged with an offence under this Act respecting the seized street weapon within 30 days after the seizure, not later than 60 days after the seizure; or

(b) if the person making the request is charged with an offence under this Act respecting the seized street weapon and the person is acquitted of the charge or the charges are dismissed or stayed,

(i) if the acquittal, dismissal or stay is not appealed, not later than 60 days after the acquittal, dismissal or stay, or

(ii) if the decision is appealed and the acquittal, dismissal or stay is upheld on appeal, not later than 60 days after the decision on the appeal was issued.

No request if person convicted or consents to forfeiture

5(3) A person is not eligible to make a request for the return of a seized street weapon if

(a) the person consented to the forfeiture of the seized street weapon; or

(b) the person is convicted of an offence under this Act respecting the seized street weapon.

Return of seized street weapon

5(4) When a request for the return of a seized street weapon has been made in accordance with subsection (2), the seized street weapon must be returned by a prescribed person to the person from whom it was seized unless an order for continued impoundment has been made under section 6.

Application for continued impoundment order

6(1) On application by an enforcement officer without notice, a justice may order the continued impoundment of a seized street weapon for a specified period if the justice is satisfied that

(a) the continued impoundment may reasonably be required for the purpose of a criminal investigation or trial; and

(b) it is in the public interest to make the order.

No return except in accordance with order

6(2) If an order for continued impoundment is made, the seized street weapon must not be returned except in accordance with the order.

Forfeiture of seized street weapon

7 A seized street weapon is forfeited to the government if

(a) the person from whom the street weapon was seized consents to the forfeiture of the street weapon;

(b) the person from whom the street weapon was seized is convicted of an offence under this Act respecting the seized weapon; or

OFFENCES AND PENALTIES

Offences

8(1) A person commits an offence who

(a) contravenes subsection 3(1); or

(b) hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with, an enforcement officer acting under the authority of this Act.

Penalties

8(2) A person who commits an offence under this Act is liable on conviction,

(a) for a first offence, to a fine of not more than $5,000 or imprisonment for a term not exceeding three months, or both; and

(b) for a second or subsequent offence, to a fine of not more than $10,000 or imprisonment for a term not exceeding six months, or both.

MISCELLANEOUS PROVISIONS

Storage in private residence

9(1) A person may store a street weapon in their private residence in a population centre.

Use on private property permitted

9(2) Nothing in this Act prevents a person from using or possessing a street weapon on private property that they own or occupy.

Conflict

10 If a provision of this Act is inconsistent with a municipal by-law or a law of a First Nation, the provision of this Act is of no effect to the extent of the inconsistency.

Protection from liability

11 No action or proceeding may be brought against an enforcement officer or any other person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

REGULATIONS

Regulations

12 The Lieutenant Governor in Council may make regulations

(a) exempting any place or building from the definition "public space in a population centre";

(b) exempting specified types, classes or models of street weapons from the application of this Act;

(d) specifying circumstances or locations where persons are permitted to possess street weapons in a public space in a population centre;

(e) respecting the manner in which street weapons must be transported;

(f) prescribing conditions, requirements or restrictions if specified classes of enforcement officers who are not police officers seize street weapons;

(g) respecting the manner in which requests for the return of a seized street weapon under section 5 are to be made;

(h) prescribing anything referred to in this Act as being prescribed;

(i) defining any word or expression used but not defined in this Act;

(j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

CONDITIONAL AMENDMENT, C.C.S.M. REFERENCE AND COMING INTO FORCE

Conditional amendment

13(1) This section applies if

(a) Bill 8 of the Third Session of the 43rd Legislature, titled The Long-Bladed Weapon Control Amendment Act, receives royal assent; and

(b) section 2 of that Act comes into force before section 1 of this Act comes into force.

13(2) The definition "long-bladed weapon" in section 1 of this Act is amended by striking out "The Long-Bladed Weapon Control Act" and substituting "The Long-Bladed Weapon and Pepper Spray Control Act".

C.C.S.M. reference

14 This Act may be referred to as chapter S210.5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

Explanatory Note

The Street Weapons Control Act is established.

Street weapons include machetes, swords, axes and pepper spray. The possession of these weapons in public spaces in populated areas is prohibited, subject to specified exemptions.

Police officers and other specified law enforcement officials may seize a prohibited street weapon.

The Act applies to a First Nation only if the First Nation decides to have the Act apply on its territory.