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The Safer Communities and Neighbourhoods Act

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(2) Repealed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