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C.C.S.M. c. S5 The Safer Communities and Neighbourhoods Act
Enacted by Proclamation status (for any provisions coming into force by proclamation)

SM 2001, c. 6

• whole Act

– in force: 19 Feb 2002 (Man. Gaz.: 23 Feb 2002)

Amended by
SM 2005, c. 42, s. 36
SM 2006, c. 16
SM 2011, c. 6, Part 1
SM 2013, c. 51, Sch. B, s. 201

• in force: 1 Apr 2014 (Man. Gaz.: 29 Mar 2014)

 

C.C.S.M. c. S5

The Safer Communities and Neighbourhoods Act

(Assented to July 6, 2001)

WHEREAS the people of Manitoba want their communities and neighbourhoods to be safe and peaceful places to live and want to protect their communities and neighbourhoods from disruptive activities;

AND WHEREAS activities incidental to certain uses of property disturb the lives of people in their communities and neighbourhoods, and the peace and safety of the communities and neighbourhoods themselves;

AND WHEREAS the Legislature of Manitoba has the authority to pass laws aimed at suppressing nuisances by civil process, suppressing conditions that favour the development of crime, and promoting peaceful and safe communities and neighbourhoods;

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

DEFINITIONS

Definitions

1(1)        In this Act,

"building" means

(a) a structure of any kind or a part of a structure, including an apartment, suite, life lease rental unit, cooperative housing unit or condominium unit, and

(b) a mobile home; (« bâtiment »)

"complainant" means a person who has made a complaint to the director under subsection 2(1); (« plaignant »)

"court" means the Court of Queen's Bench; (« tribunal »)

"criminal organization offence" means a criminal organization offence as defined in the Criminal Code (Canada); (« infraction d'organisation criminelle »)

"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act; (« directeur »)

"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 »)

"owner", in relation to property, has the meaning set out in the regulations; (« propriétaire »)

"person" includes an individual, corporation, cooperative, partnership, limited partnership or unincorporated organization of persons; (« personne »)

"property" means

(a) a building and the land on which it is located, and

(b) land on which no building is located; (« propriété »)

"specified use", in relation to property, means use of the property

(a) for the use, consumption, sale, transfer or exchange of a substance designated as a non-potable intoxicating substance under The Liquor and Gaming Control Act, in contravention of that Act and regulations under that Act,

(b) for the sale of liquor, as defined in The Liquor and Gaming Control Act, without a licence issued under that Act,

(c) for the use or consumption as an intoxicant by any person of an intoxicating substance, as defined in The Minors Intoxicating Substances Control Act, or the sale, transfer or exchange of an intoxicating substance where there is a reasonable basis to believe that the recipient will use or consume the substance as an intoxicant, or cause or permit the substance to be used or consumed as an intoxicant,

(d) for the growth, production, possession, use, consumption, sale, transfer or exchange of a controlled substance, as defined in the Controlled Drugs and Substances Act (Canada), in contravention of that Act,

(e) for prostitution or activities related to prostitution,

(f) for the sexual abuse or sexual exploitation of a child or activities related to the sexual abuse or sexual exploitation of a child,

(g) for the possession or storage of

(i) a prohibited firearm, prohibited weapon, restricted firearm or restricted weapon, as those terms are defined in section 84 of the Criminal Code (Canada), unless the possession or storage is authorized by law,

(ii) a firearm, prohibited weapon or restricted weapon that has been imported into Canada in contravention of the Firearms Act (Canada) or any other federal act or regulation,

(iii) a stolen firearm, or

(iv) an explosive, as defined in the Explosives Act (Canada), in contravention of that Act or any regulation made under that Act; or

(h) for the commission or promotion of a criminal organization offence; (« fins déterminées »)

"tenancy agreement" has the same meaning as in The Residential Tenancies Act. (« convention de location »)

Clarifying scope of "specified use"

1(1.1)      For greater certainty, subclause (g)(i) of the definition "specified use" does not apply to a rifle, shotgun or other firearm — whether registered or unregistered under the Firearms Act (Canada) — that does not meet the definition of a prohibited firearm or a restricted firearm in section 84 of the Criminal Code (Canada).

Meaning of "adversely affected"

1(2)        For the purposes of this Act, a community or neighbourhood is adversely affected by activities if the activities

(a) negatively affect the safety or security of one or more persons in the community or neighbourhood; or

(b) interfere with the peaceful enjoyment of one or more properties in the community or neighbourhood, whether the property is privately or publicly owned.

S.M. 2005, c. 42, s. 36; S.M. 2006, c. 16, s. 2; S.M. 2011, c. 6, s. 2; S.M. 2013, c. 51, Sch. B, s. 201.

COMPLAINTS TO DIRECTOR

Complaint to director

2(1)        A person who wishes an order to be made under this Act must first make a complaint to the director stating that the person believes

(a) that his or her community or neighbourhood is being adversely affected by activities on or near a property in the community or neighbourhood; and

(b) that the activities indicate that the property is being habitually used for a specified use.

Form of complaint

2(2)        A complaint must be made in a form and manner acceptable to the director and include the information that the director requires.

Actions of director after receiving a complaint

3(1)        At any time after receiving a complaint, the director may

(a) investigate the complaint;

(b) require the complainant to provide further information;

(c) send a warning letter to the owner of the property or its occupant, or to anyone else the director considers appropriate;

(d) attempt to resolve the complaint by agreement or informal action;

(e) apply for an order under section 4;

(f) decide not to act on the complaint;

(g) take any other action that the director considers appropriate.

Director's discretion

3(2)        The decision to do any of the things referred to in subsection (1) or to stop doing any of them at any time is within the director's discretion.

If director decides not to act

3(3)        The director shall notify the complainant in writing if he or she decides not to act on a complaint or not to continue acting. The director is not required to give reasons for the decision.

Investigators

3.1(1)      The minister may appoint or designate one or more persons or classes of persons as investigators.

Role

3.1(2)      An investigator may conduct investigations into complaints received by the director.

Command

3.1(3)      An investigator is under the command and direction of the director at all times.

Identification

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.

Peace officer status

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.

S.M. 2011, c. 6, s. 3.

APPLICATION BY DIRECTOR FOR COMMUNITY SAFETY ORDER

Application for order

4           The director may apply to the court for a community safety order if he or she has received a complaint.

Application of Queen's Bench Rules

5(1)        Except as otherwise provided in this Act or the regulations, the Queen's Bench Rules apply to applications under this Act.

Respondent to the application

5(2)        The application shall name the owner of the property as the respondent.

Application to be heard on an urgent basis

5(3)        The court shall hear the application on an urgent basis.

Factual allegations may differ from complaint

5(4)        The factual allegations in the application may be different from those in the complaint.

When court may make community safety order

6(1)        The court may make a community safety order if it is satisfied that

(a) activities have been occurring on or near the property that give rise to a reasonable inference that it is being habitually used for a specified use; and

(b) the community or neighbourhood is adversely affected by the activities.

Content of community safety order

6(2)        Subject to subsection (3), the court may include in a community safety order

(a) a provision requiring any or all persons to vacate the property on or before a date specified by the court, and enjoining any or all of them from re-entering or re-occupying it;

(b) a provision terminating the tenancy agreement or lease of any tenant of the property on the date specified under clause (a);

(c) a provision requiring the director to close the property from use and occupation on a specified date and keep it closed for up to 90 days; and

(d) any other provision that it considers necessary to make the order effective, including, but not limited to, an order of possession in favour of the respondent.

Mandatory content of community safety order

6(3)        A community safety order must contain

(a) a provision describing the property and the activities in respect of which the order is made;

(b) a provision enjoining all persons from causing, contributing to, permitting, or acquiescing in the activities, beginning on the day after the person is served with the order and continuing until the order ceases to be in effect;

(c) a provision requiring the respondent to do everything reasonably possible to prevent the activities from continuing or reoccurring, including anything specifically ordered by the court under clause (2)(d); and

(d) a provision fixing the date on which the order ceases to be in effect.

Respondent may apply to set aside closure

6(4)        Before the date specified for closure under clause (2)(c), the respondent may, on motion, ask the court to set aside the order requiring the property to be closed.

Court may set aside or vary order

6(5)        The court may set aside the order if it is satisfied that the activities have ceased and are not likely to resume. The court may also set aside or vary its order enjoining one or more persons from re-entering or re-occupying the property if it is satisfied that to do so is necessary to allow the property to be used again.

Emergency closure

7(1)        If the court is satisfied that the activities about which an application is made are a serious and immediate threat to the safety and security of one or more occupants of the property or persons in the community or neighbourhood, the court may make a community safety order

(a) requiring the director to close the property immediately and keep it closed for up to 90 days; and

(b) containing any other provision that the court considers necessary to counter the threat or fairly give effect to its order under clause (a), including, but not limited to,

(i) a provision requiring any or all persons to vacate the property on or before a date specified by the court and enjoining any or all of them from re-entering or re-occupying it,

(ii) a provision terminating the tenancy agreement or lease of any tenant of the property on the date specified under subclause (i).

Mandatory content of order

7(2)        A community safety order made under subsection (1) must contain all of the provisions required by subsection 6(3).

Closure order at later date

8(1)        If a community safety order is still in effect but the property is not subject to closure because

(a) the order did not contain a provision requiring it to be closed;

(b) the provision requiring it to be closed was set aside or varied; or

(c) the closure period has expired;

the director may, on motion, again ask the court to make an order closing the property.

Order

8(2)        The court may order the director to close the property from use and occupation on a specified date and keep it closed for up to 90 days if the court is satisfied that

(a) activities have been occurring on or near the property that give rise to a reasonable inference that it is being habitually used for a specified use; and

(b) the community or neighbourhood is adversely affected by the activities.

Content of order

8(3)        The court may include in an order under this section

(a) a provision requiring any or all persons to vacate the property on or before a date specified by the court and enjoining any or all of them from re-entering or re-occupying it;

(b) a provision terminating the tenancy agreement or lease of any tenant of the property on the date specified under clause (a); and

(c) any other provision that it considers necessary to make the order effective.

Director may ask for an order more than once

8(4)        The director may ask the court for an order under this section more than once.

Length of closure period

9           When deciding the length of a period of closure, the court shall consider

(a) the extent to which the respondent's failure, if any, to exercise due diligence in supervising and controlling the use and occupation of the property contributed to the activities; and

(b) the impact of the activities on the community or neighbourhood.

Order may be made for part of a property

10          The court may limit a community safety order or an order under section 8 to part of the property about which the application was made, or to particular persons.

Service of order by director

11(1)       After a community safety order or an order under section 8 is made, the director shall without delay

(a) serve a copy of the order on the respondent; and

(b) post a copy of the order in a conspicuous place on the property.

11(2)       [Repealed] S.M. 2011, c. 6, s. 4.

Service of order by respondent

11(3)       After the respondent is served with a community safety order or an order under section 8, he or she shall without delay serve a copy of the order on every other person who is lawfully occupying the property or has a right to occupy it.

Director may serve if respondent fails to serve

11(4)       If the respondent fails without delay to serve any person who is required to be served, the director may serve that person.

S.M. 2011, c. 6, s. 4.

APPLICATION FOR VARIATION ORDER BY RESIDENT OF RESIDENTIAL PROPERTY

Definition of "resident"

12(1)       In this section, "resident" means an individual who has a right to occupy residential property as his or her residence, or had a right to occupy it as his or her residence when he or she was required by an order to vacate it, but who does not own the property.

Application for variation order by resident

12(2)       A resident may, on motion, apply to the court for an order varying a provision in a community safety order made under section 6, or an order under section 8, that

(a) requires the resident and, if applicable, members of his or her household to vacate residential property that is their residence and enjoins them from re-entering or re-occupying it;

(b) terminates the resident's tenancy agreement for the residential property; or

(c) requires the director to close the residential property.

Time for applying

12(3)       The resident must make the application within 14 days after he or she is served with the order.

Court may extend time for applying

12(4)       The court may extend the time for making the application if it is satisfied that the extension is in the interests of justice.

Application does not stay order

12(5)       An application under this section does not stay the operation of the order in respect of which it is made.

When court may vary community safety order

12(6)       The court may make an order varying a community safety order or an order under section 8 if it is satisfied

(a) that the applicant is a resident;

(b) that neither the resident nor any member of his or her household for whom he or she is seeking a variation caused or contributed to any of the activities in respect of which the order was made;

(c) that no person who caused or contributed to any of the activities is still present at or occupying the property;

(d) that the resident or a member of his or her household for whom he or she is seeking a variation will suffer undue hardship if the order is not varied; and

(e) if the order was made under section 8, that neither the resident nor any member of his or her household for whom he or she is seeking a variation was an occupant of the property when the community safety order was made.

Content of variation order

12(7)       A variation order may contain any provision that the court considers appropriate, including, but not limited to,

(a) a provision fixing a later date for

(i) the resident's tenancy agreement to be terminated,

(ii) the resident and members of his or her household to vacate the property, or

(iii) the director to close the property;

(b) a provision setting aside the termination of the resident's tenancy agreement, or reinstating the tenancy agreement if the date of termination has already passed;

(c) a provision setting aside the requirement to vacate or close the property;

(d) if the resident and members of his or her household have already vacated the property, a provision authorizing them to re-enter and re-occupy it and, if applicable, requiring the respondent to allow the them to re-enter and re-occupy it;

(e) if the property has already been closed, a provision requiring the respondent to open it for the purpose of clause (d) and make it ready for occupation.

Factors that may be considered

12(8)       The court may, in addition to any other factor that it considers relevant, consider the following factors:

(a) whether the respondent will suffer undue hardship, if the requested order is made;

(b) whether there is a tenancy agreement between the resident and the respondent, or whether there was when the resident was required to vacate the property;

(c) whether the respondent is opposed to the requested order, if the order would authorize a resident, who does not or did not have a tenancy agreement, to re-enter and re-occupy the property.

Order may be subject to conditions

12(9)       The court may make a variation order or a provision in a variation order subject to conditions.

APPLICATION BY COMPLAINANT FOR COMMUNITY SAFETY ORDER

Application by complainant for order

13(1)       The complainant may apply to the court for a community safety order if he or she has made a complaint to the director about the property and the director

(a) has decided not to act or continue to act on the complaint; or

(b) has abandoned any application already made to the court.

Director's confirmation required

13(2)       The complainant must file with the court the director's written confirmation of the facts set out in clause (1)(a) or (b).

Application must be filed within two months

13(3)       The complainant's application must be made within two months after the date of the director's written confirmation.

Application of previous provisions

13(4)       Sections 5 and 6 and sections 8 to 12 apply, with necessary modifications, to an application by a complainant, except that a community safety order or an order under section 8 granted to a complainant shall order the director, rather than the complainant, to close the property.

No adverse inference from action or inaction of director

13(5)       In an application by a complainant, the court shall not draw an adverse inference from the fact that the director

(a) did, or did not do, any of the things set out in subsection 3(1); or

(b) abandoned an application.

Notice to director

14(1)       A complainant shall, without delay

(a) after filing a notice of application for a community safety order, serve a copy on the director;

(b) after applying for an order under section 8, notify the director;

(c) after a community safety order or order under section 8 is signed, serve a copy on the director; and

(d) after an application or motion is dismissed, notify the director.

Manner of service or notification

14(2)       A document required to be served or notice required to be given under subsection (1) shall be served or given in accordance with the regulations.

Abandonment of application

15(1)       A complainant shall notify the director in writing of any intention to abandon an application at least 30 days before taking any step to abandon it.

No abandonment without director's confirmation

15(2)       A complainant shall not abandon an application unless he or she files with the court the director's written confirmation that the director does not intend to continue the application under section 16.

Court may continue application in director's name

16          The court may order a complainant's application to be continued in the director's name if the director requests the continuation and the court is satisfied that the complainant consents to the continuation or is not actively pursuing the application.

Director may intervene in certain applications

17          If the director believes that a complainant's application for a community safety order or an order under section 8 is frivolous or vexatious, or is not in the public interest, the director may intervene in the application to request that it be dismissed.

FRIVOLOUS OR VEXATIOUS APPLICATIONS

Costs on frivolous or vexatious applications

18(1)       If the court finds that a complainant's application or motion is frivolous or vexatious, it may, in addition to any other order for costs, order the complainant to pay costs to Her Majesty in right of Manitoba.

Costs to be paid to Minister of Finance

18(2)       Costs ordered to be paid under subsection (1) shall be paid without delay to the Minister of Finance.

CONSENT ORDERS AND UNCONTESTED ORDERS

Court must consider merits

19          Despite the fact that the respondent consents to an order or does not oppose an application or motion, the court shall not grant a community safety order or an order under section 8 to the director or a complainant unless it is satisfied on the merits that the order should be made.

APPEALS AND OTHER PROCEEDINGS

Appeal only by leave

20(1)       An appeal of an order made by the Court of Queen's Bench may be taken only on a question of law and by leave of a judge of The Court of Appeal.

Time for application for leave to appeal

20(2)       An application for leave to appeal shall be made within 14 days after the day the order is pronounced or within such further time as a judge may allow.

No appeal of decision re leave

20(3)       The decision of a judge on an application for leave to appeal is final and not subject to appeal.

No appeal of order under section 12

20(4)       An order under section 12 is final and not subject to appeal.

Limitation on other actions and proceedings

21          No action or proceeding, other than an application under subsection 6(4) or section 12 or an appeal permitted by section 20, shall be commenced or maintained to

(a) prevent the making of a community safety order or an order under section 8;

(b) prevent a community safety order or an order under section 8 from being carried out;

(c) set aside or vary a community safety order or an order under section 8;

(d) have a community safety order or an order under section 8 judicially reviewed; or

(e) obtain relief from forfeiture in respect of a tenancy agreement or lease that is ordered to be terminated.

CLOSURE OF PROPERTY BY THE DIRECTOR

Director may enter property

22(1)       The director has the authority to enter property without the consent of the owner or occupant to close it under an order and keep it closed.

Director may employ tradespersons etc.

22(2)       The director may employ any tradespersons and workers that he or she considers necessary to safely and effectively close property and keep it closed.

Director may attach locks etc.

22(3)       The director may take any measures that he or she considers necessary to safely and effectively close property and keep it closed, including, but not limited to,

(a) requesting any occupants still occupying the property and any other persons at the property to leave it immediately;

(b) attaching locks, hoarding and other security devices;

(c) erecting fences;

(d) changing or cutting off utility services; or  

(e) making interior or exterior alterations to the property so that it is not a hazard while it is closed.

Director may allow access to property

22(4)       The director may, for any purpose that he or she considers appropriate, allow others access to property that is closed under an order.

Director not responsible for opening of property

22(5)       The director is not responsible, whether at the end of the period of closure or otherwise, for the removal or cost of removal of anything attached or erected at the property, or the reversal or cost of reversal of anything done to or at the property, to close it or keep it closed.

Occupants required to leave property

23          When the director is required to close a property, all occupants of the property and any other persons at the property shall leave it immediately upon request by the director, even if they have not been previously served with the order that requires the director to close the property. After leaving, no occupant or other person shall, while the property is closed, enter or occupy it without the director's consent.

Director to help with alternative accommodations

24(1)       The director shall make a reasonable effort to determine whether occupants of residential property who are required to leave have alternative accommodations. For those who do not, the director shall provide whatever assistance in finding alternative accommodations that the director considers reasonable, including, but not limited to,

(a) giving them information about and referring them to community resources and housing authorities; or

(b) arranging short-term accommodations for them if the director considers it necessary or advisable.

Non-application of subsection (1)

24(2)       Subsection (1) does not apply to an occupant who the director reasonably believes caused or contributed to any of the activities in respect of which the order that requires the occupants to leave was made.

Respondent must pay cost of closing property

25(1)       The respondent shall, on demand from the director, pay to the Minister of Finance the costs of closing the property and keeping it closed, in the amount certified by the director.

Cost of closure a debt to the Crown

25(2)       An amount payable by the respondent under subsection (1) is a debt due to the Crown and may be recovered from the respondent in accordance with this section.

Certificate of debt

25(3)       The director may issue a certificate showing

(a) the name and address of a respondent who is liable to pay and has not paid a debt due to the Crown under subsection (2);

(b) the amount of the debt; and

(c) the director's address for service;

and the certificate is evidence of the amount of the debt due to the Crown by the respondent at the time the certificate is issued.

Filing of certificate

25(4)       A certificate issued under this section may be filed in the Court of Queen's Bench, and when it is filed,

(a) the obligation to pay the amount certified is enforceable as if it were a judgment of the court in favour of the Crown; and

(b) the certificate is deemed for the purposes of Part XIV of The Court of Queen's Bench Act to be an order of the court

(i) pronounced on the day the certificate is filed, and

(ii) on which post-judgment interest is payable under that Part.

ROLE OF THE DIRECTOR

Director's authority to obtain and disclose information

26(1)       For the purpose of carrying out a responsibility or exercising a power under this Act, the director is authorized

(a) to obtain information from a person or a public body, as defined in The Freedom of Information and Protection of Privacy Act, about a person who owns or occupies property in respect of which an application under this Act may be made, including

(i) the person's name and address,

(ii) the whereabouts of the person, and

(iii) the name and address of the person's employer;

(b) to obtain information from any other source about the ownership of property in respect of which an application under this Act may be made;

(c) to obtain information from any source about the occurrence of activities in respect of which an application under this Act may be made;

(d) to make and maintain written, recorded or videotaped records of any information received under clause (a), (b) or (c) or of the occurrence of activities in respect of which an application under this Act may be made;

(e) in the director's discretion, to disclose information obtained under clause (a), (b) or (c), and records made under clause (d), to a person, court, tribunal, government department, government agency, local government body, or law enforcement agency.

Certain persons required to provide information

26(2)       When the director requests information under clause (1)(a), (b) or (c)

(a) from a person carrying on a business and the information is contained in the person's business records; or

(b) from a public body;

the person or public body shall provide the information and give the director a copy of the document or record in which the information is contained, if applicable.

Disclosing information to assist with service

26(3)       The director may disclose information obtained under clause (1)(a), (b) or (c), or records made under clause (1)(d), to a person or peace officer

(a) to assist

(i) the person to serve or post a community safety order or an order under section 8, or

(ii) the peace officer to accompany the person; or

(b) to enable a peace officer to carry out a community safety order or an order under section 8.

Privilege

27          Anything said, any information supplied, and any document or thing produced by a person during an investigation under this Act is privileged in the same manner as if it were said, supplied or produced in a proceeding in a court.

S.M. 2011, c. 6, s. 5.

Delegation

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.

S.M. 2011, c. 6, s. 6.

Director to work with agencies and neighbourhood groups

29          The director may consult with and work in cooperation with social service systems and other agencies and neighbourhood organizations or groups to promote and encourage the development of safe and peaceful communities.

Director to notify Director of Child and Family Services

30          Where the director has reason to believe that there are children residing in a building in respect of which an application under this Act has been made, he or she shall notify the Director of Child and Family Services without delay.

CONFIDENTIALITY OF COMPLAINT

Complaint confidential

31(1)       No person, including the director, shall, without the prior written consent of the complainant,

(a) disclose the identity of the complainant, or any information by which the complainant may be identified, to another person or to a court, body, agency or government department; or

(b) disclose, provide access to or produce the complaint, or another document or thing by which the complainant may be identified, to another person or to a court, body, agency or government department without severing any information by which the complainant may be identified.

Application of subsection (1)

31(2)       Subsection (1) applies despite The Freedom of Information and Protection of Privacy Act.

Not compellable as witness

32(1)       The director, and any person acting for or under the direction of the director, shall not be required in a court or in any other proceeding

(a) to identify the complainant or give evidence about information or produce a document or thing by which the complainant may be identified;

(b) to give evidence about other information obtained by or on behalf of the director for the purposes of this Act; or

(c) to produce any other document or thing obtained by or on behalf of the director for the purposes of this Act.

Non-application of clauses (1)(b) and (c)

32(2)       Clauses (1)(b) and (c) do not apply to

(a) an application by the director;

(b) an application continued in the director's name; or

(c) an application in which the director intervenes.

OFFENCES AND PENALTIES

Prohibition on removing posted order or notice

33          A person who, without the director's consent, removes, defaces or interferes with a duly posted copy of

(a) a community safety order, or a notice the regulations require to be posted with the order, before the order ceases to be in effect; or

(b) an order under section 8, or a notice the regulations require to be posted with the order, before the end of the period of closure;

is guilty of an offence and is liable on summary conviction to a fine of not more than $2,500., or to imprisonment for a term of not more than three months, or both.

Prohibition on entry into closed property

34          A person who, without the director's consent, enters a property that is closed under an order is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., or to imprisonment for a term of not more than six months, or both.

Prohibition on respondent ignoring order

35(1)       A respondent who fails to comply with a community safety order is guilty of an offence.

Prohibition on others ignoring order

35(2)       A person who, knowing that a community safety order has been made, causes, contributes to, permits, or acquiesces in activities described in the order, on or near the property described in the order, is guilty of an offence.

Continuing offence

35(3)       When a failure referred to in subsection (1) or a contravention referred to in subsection (2) continues for more than one day, the offender is guilty of a separate offence for each day that the failure or contravention continues.

Penalty for ignoring order

35(4)       A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $500. for each day that the offence continues.

Failure to inform third party about application or order

36          A person who contravenes subsection 38(1) or (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $20,000., or to imprisonment for a term of not more than one year, or both.

Directors and officers of corporations

37          When a corporation is guilty of an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the offence is also guilty of the offence and is liable on summary conviction to the penalty for the offence provided for in this Act.

GENERAL PROVISIONS AND REGULATIONS

Effect of transfer of property during application

38(1)       A person who transfers a legal or beneficial interest in property to a third party, or gives a right of occupancy of property to a third party, after being served with a notice of application or becoming aware of an application in respect of the property shall fully inform the third party about the application before completing the transfer or giving the right of occupancy.

Effect of transfer of property while order in effect

38(2)       A person who transfers a legal or beneficial interest in property to a third party, or gives a right of occupancy of property to a third party, while a community safety order in respect of the property is in effect or the property is closed under an order shall fully inform the third party about the order before completing the transfer or giving the right of occupancy.

Court order is binding on third party

38(3)       A third party who receives an interest in property that is the subject of an application is deemed to be a respondent to the application when the transfer of the interest is complete, and any order made by the court is binding on the third party.

Notice of community safety order

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.

Discharge of notice

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.

S.M. 2011, c. 6, s. 7.

Cause of action not exclusive

39          The cause of action created by this Act is in addition to any other cause of action that exists at common law or by statute.

Protection from liability

40          No person may commence or maintain an action or other proceeding against the Crown, the director, any person acting for or under the direction of the director or any other person engaged in the administration of this Act for

(a) any act done in good faith, or any neglect or default, in the performance or intended performance of a responsibility or in the exercise or intended exercise of a power under this Act or the regulations; or

(b) compensation for any damage or injury caused by or during, or arising from, the closing of property or its being kept closed.

Priority over other Acts

41          Where there is a conflict between this Act and The Landlord and Tenant Act or The Residential Tenancies Act, this Act prevails.

Act binds the Crown

42          This Act binds the Crown.

Peace officer to assist in posting or serving

43(1)       A peace officer shall on request provide any assistance required by the director or another person in posting a community safety order or an order under section 8, or in serving an order.

Peace officers to assist in carrying out order

43(2)       All peace officers within Manitoba shall

(a) do anything that may be necessary to carry out a community safety order or an order under section 8; and

(b) when an order of possession has been made in favour of the respondent, do anything that may be necessary to assist the respondent to obtain vacant possession of the property.

Peace officers' powers

43(3)       For the purposes of subsections (1) and (2), a peace officer has full power and authority

(a) to enter the property in respect of which the order was made or onto any land on which any person required to be served with the order may be found; and

(b) when he or she is assisting a respondent to obtain vacant possession of property, to take possession of it without a writ of possession and deliver possession to the respondent.

Regulations

44          The Lieutenant Governor in Council may make regulations

(a) defining "owner", in relation to property, for the purpose of subsection 1(1);

(a.1) respecting equipment that investigators are authorized to carry;

(b) respecting applications and the enforcement of orders;

(c) requiring notices to be served and posted in conjunction with community safety orders and orders under section 8 and respecting the form and content of the notices;

(d) respecting service and posting of orders and notices under section 11;

(e) respecting notices to the director and service of documents on him or her under section 14;

(f) respecting the manner of serving any other document or notice that is required to be served;

(g) respecting closing of property and keeping it closed, including authorizing the director to take specific actions in addition to those set out in subsection 22(3);

(h) respecting the costs of closing property and keeping it closed that a respondent may be required to pay under section 25;

(h.1) respecting the form and content of notices under section 38.1;

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

(j) respecting any other matter necessary or advisable to carry out the purposes of this Act.

S.M. 2011, c. 6, s. 8.

NOTE:  This section contained consequential amendments to The Residential Tenancies Act that are now included in that Act.

REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Repeal

46          The Community Protection Act, as enacted by S.M. 1999, c. 42, is repealed.

C.C.S.M. reference

47          This Act may be cited as The Safer Communities and Neighbourhoods Act and referred to as chapter S5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

48          This Act comes into force on a day fixed by proclamation.

NOTE: S.M. 2001, c. 6 came into force by proclamation on February 19, 2002.

 

 
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