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S.M. 2011, c. 6
Bill 16, 5th Session, 39th Legislature
The Safer Communities and Neighbourhoods Amendment and Criminal Property Forfeiture Amendment Act
(Assented to June 16, 2011)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE SAFER COMMUNITIES AND NEIGHBOURHOODS ACT
1 The Safer Communities and Neighbourhoods Act is amended by this Part.
2 Subsection 1(1) is amended
(a) by adding the following definitions:
"criminal organization offence" means a criminal organization offence as defined in the Criminal Code (Canada); (« infraction d'organisation criminelle »)
"investigator" means a person appointed as an investigator under section 3.1; (« enquêteur »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
(b) in the definition "specified use", by striking out "or" at the end of clause (f), adding "or" at the end of clause (g) and adding the following after clause (g):
3 The following is added after section 3 and before the centred heading that follows it:
3.1(1) The minister may appoint or designate one or more persons or classes of persons as investigators.
3.1(2) An investigator may conduct investigations into complaints received by the director.
3.1(3) An investigator is under the command and direction of the director at all times.
3.1(4) The minister must provide an investigator with an identification card, and an investigator exercising a power under this Act must produce the card on request.
3.1(5) An investigator is a peace officer and has all the powers and protections of a peace officer provided by law while carrying out his or her duties or functions under this Act.
4 Subsection 11(2) is repealed.
5 Section 27 is amended
(a) in the section heading, by striking out "Information provided under qualified privilege" and substituting "Privilege"; and
6 Section 28 is replaced with the following:
28 The director may delegate any of his or her powers or responsibilities under this Act to an investigator, other than the power to make an application for a community safety order.
7 The following is added after section 38:
38.1(1) If a community safety order is issued for a property described in a title under The Real Property Act or in an abstract book under The Registry Act, the director must file notice of the order in the proper land titles office or registry office as soon as possible after the order is made.
38.1(2) If a community safety order is no longer in effect, the director must file a discharge of the notice referred to in subsection (1) in the proper land titles office or registry office.
8 Section 44 is amended
(a) by adding the following after clause (a):
(a.1) respecting equipment that investigators are authorized to carry;
(b) by adding the following after clause (h):
(h.1) respecting the form and content of notices under section 38.1;
THE CRIMINAL PROPERTY FORFEITURE ACT
9 The Criminal Property Forfeiture Act is amended by this Part.
10 The following is added after section 12.1:
12.2 In an application for forfeiture of property that is alleged to be an instrument of unlawful activity, there is a rebuttable presumption that the property was used to engage in unlawful activity if a community safety order under The Safer Communities and Neighbourhoods Act had previously been made in respect of that property.
COMING INTO FORCE
11 This Act comes into force on the day it receives royal assent.