.png){kind=small}
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| (2) | Repealed | |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 | |
| NOTE: This section contained consequential amendments to ">45 NOTE: This section contained consequential amendments to | ||
| REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
| 46 | Repeal | |
| 47 | C.C.S.M. reference | |
| 48 | Coming into force | |