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C.C.S.M. c. S5
The Safer Communities and Neighbourhoods Act
| DEFINITIONS | |
| 1(1) | Definitions |
| (1.1) | Clarifying scope of "specified use" |
| (2) | Meaning of "adversely affected" |
| COMPLAINTS TO DIRECTOR | |
| 2(1) | Complaint to director |
| (2) | Form of complaint |
| 3(1) | Actions of director after receiving a complaint |
| (2) | Director's discretion |
| (3) | If director decides not to act |
| APPLICATION BY DIRECTOR FOR COMMUNITY SAFETY ORDER | |
| 4 | Application for order |
| 5(1) | Application of Queen's Bench Rules |
| (2) | Respondent to the application |
| (3) | Application to be heard on an urgent basis |
| (4) | Factual allegations may differ from complaint |
| 6(1) | When court may make community safety order |
| (2) | Content of community safety order |
| (3) | Mandatory content of community safety order |
| (4) | Respondent may apply to set aside closure |
| (5) | Court may set aside or vary order |
| 7(1) | Emergency closure |
| (2) | Mandatory content of order |
| 8(1) | Closure order at later date |
| (2) | Order |
| (3) | Content of order |
| (4) | Director may ask for an order more than once |
| 9 | Length of closure period |
| 10 | Order may be made for part of a property |
| 11(1) | Service of order by director |
| (2) | Director may enter property to post order |
| (3) | Service of order by respondent |
| (4) | Director may serve if respondent fails to serve |
| APPLICATION FOR VARIATION ORDER BY RESIDENT OF RESIDENTIAL PROPERTY | |
| 12(1) | Definition of "resident" |
| (2) | Application for variation order by resident |
| (3) | Time for applying |
| (4) | Court may extend time for applying |
| (5) | Application does not stay order |
| (6) | When court may vary community safety order |
| (7) | Content of variation order |
| (8) | Factors that may be considered |
| (9) | Order may be subject to conditions |
| APPLICATION BY COMPLAINANT FOR COMMUNITY SAFETY ORDER | |
| 13(1) | Application by complainant for order |
| (2) | Director's confirmation required |
| (3) | Application must be filed within two months |
| (4) | Application of previous provisions |
| (5) | No adverse inference from action or inaction of director |
| 14(1) | Notice to director |
| (2) | Manner of service or notification |
| 15(1) | Abandonment of application |
| (2) | No abandonment without director's confirmation |
| 16 | Court may continue application in director's name |
| 17 | Director may intervene in certain applications |
| FRIVOLOUS OR VEXATIOUS APPLICATIONS | |
| 18(1) | Costs on frivolous or vexatious applications |
| (2) | Costs to be paid to Minister of Finance |
| CONSENT ORDERS AND UNCONTESTED ORDERS | |
| 19 | Court must consider merits |
| APPEALS AND OTHER PROCEEDINGS | |
| 20(1) | Appeal only by leave |
| (2) | Time for application for leave to appeal |
| (3) | No appeal of decision re leave |
| (4) | No appeal of order under section 12 |
| 21 | Limitation on other actions and proceedings |
| CLOSURE OF PROPERTY BY THE DIRECTOR | |
| 22(1) | Director may enter property |
| (2) | Director may employ tradespersons etc. |
| (3) | Director may attach locks etc. |
| (4) | Director may allow access to property |
| (5) | Director not responsible for opening of property |
| 23 | Occupants required to leave property |
| 24(1) | Director to help with alternative accommodations |
| (2) | Non-application of subsection (1) |
| 25(1) | Respondent must pay cost of closing property |
| (2) | Cost of closure a debt to the Crown |
| (3) | Certificate of debt |
| (4) | Filing of certificate |
| ROLE OF THE DIRECTOR | |
| 26(1) | Director's authority to obtain and disclose information |
| (2) | Certain persons required to provide information |
| (3) | Disclosing information to assist with service |
| 27 | Information provided under qualified privilege |
| 28(1) | Director may delegate |
| (2) | Director may authorize investigator |
| 29 | Director to work with agencies and neighbourhood groups |
| 30 | Director to notify Director of Child and Family Services |
| CONFIDENTIALITY OF COMPLAINT | |
| 31(1) | Complaint confidential |
| (2) | Application of subsection (1) |
| 32(1) | Not compellable as witness |
| (2) | Non-application of clauses (1)(b) and (c) |
| OFFENCES AND PENALTIES | |
| 33 | Prohibition on removing posted order or notice |
| 34 | Prohibition on entry into closed property |
| 35(1) | Prohibition on respondent ignoring order |
| (2) | Prohibition on others ignoring order |
| (3) | Continuing offence |
| (4) | Penalty for ignoring order |
| 36 | Failure to inform third party about application or order |
| 37 | Directors and officers of corporations |
| GENERAL PROVISIONS AND REGULATIONS | |
| 38(1) | Effect of transfer of property during application |
| (2) | Effect of transfer of property while order in effect |
| (3) | Court order is binding on third party |
| 39 | Cause of action not exclusive |
| 40 | Protection from liability |
| 41 | Priority over other Acts |
| 42 | Act binds the Crown |
| 43(1) | Peace officer to assist in posting or serving |
| (2) | Peace officers to assist in carrying out order |
| (3) | Peace officers' powers |
| 44 | Regulations |
| 45 | |
| REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 46 | Repeal |
| 47 | C.C.S.M. reference |
| 48 | Coming into force |