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 | |
3.1 | (1) | Investigators |
(2) | Role | |
(3) | Command | |
(4) | Identification | |
(5) | Peace officer status | |
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(2) | Repealed | |
(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 | Privilege | |
28 | Delegation | |
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 | |
38.1 | (1) | Notice of community safety order |
(2) | Discharge of notice | |
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 |