Safer Communities and Neighbourhoods Regulation

Safer Communities and Neighbourhoods Regulation, M.R. 28/2002 The Safer Communities and Neighbourhoods Act , C.C.S.M. c. S5 Regulation 28/2002 Registered Feburary 11, 2002 bilingual version (HTML) Table of Contents Section 1 Definition 2 Definition of "owner" in Act 3 Additional notice to be served or posted 4 Method of service of orders on non-parties 5 Service of documents on the director 6 Costs of closing property collectible by director 7 Coming into force Schedule Definition 1 In this regulation, "Act" means The Safer Communities and Neighbourhoods Act . Definition of "owner" in Act 2 In the Act and regulations under the Act, "owner" , in relation to property, means (a) a person who is shown as the registered owner of the property under The Real Property Act or the owner of the property under The Registry Act , and, if there is more than one owner or registered owner, means any of them; (b) a person who is entitled to be the owner or registered owner of the property under either of those Acts; (c) a person shown as the owner of the property in the municipal assessment or tax roll records for it; (d) a person who manages or receives rents from the property, whether on his or her own behalf or as agent or trustee for another person; and (e) a guardian, committee, substitute decision maker for property as defined in The Adults Living with an Intellectual Disability Act , executor, administrator or trustee in whom the property or any estate or interest in the property is vested. M.R. 115/2025 Additional notice to be served or posted 3(1) A person who serves a community safety order on any person, or an order made under section 8 of the Act on any person, or who posts such an order when required to by the Act, shall also serve or post a notice in the form set out in the Schedule. 3(2) A notice that must be served under subsection (1) may be served in the same manner as the order with which it is served. 3(3) A notice that must be posted under subsection (1) may be reproduced for posting on any material and in any size, and may be posted in any manner, that is acceptable to the director. Method of service of orders on non-parties 4(1) An order that must be served under subsection 11(3) of the Act on a person who occupies or has the right to occupy property shall be served (a) by handing the order to the person; or (b) by handing the order to an apparently adult person at the property. 4(2) If by reason of unreasonable expense, undue delay, or risk of harm to a person attempting to serve an order it is not practicable to serve the order in the manner set out in subsection (1), the order may be served by substituted service under rule 16.04 of the King's Bench Rules . 4(3) Subsections (1) and (2) apply to service by the director of a copy of an order in accordance with subsection 11(4) of the Act. Service of documents on the director 5 A document that is required to be served on the director under section 14 of the Act, or a notice that is required by that section to be given to him or her, may be served or given (a) by leaving the document or notice with the director or a person authorized by the director to receive documents and notices on his or her behalf, or by having it left with the director or such a person; or (b) by mailing the document or notice to the director by any class of prepaid mail that provides the sender with an acknowledgement of receipt. Costs of closing property collectible by director 6 For the purposes of section 25 of the Act, the costs of closing a property that the director may require the respondent to pay are the following expenses necessarily incurred to safely and effectively close the property and keep it closed for the closure period set out in the order under which the property is closed: (a) the director's documented out-of-pocket closure expenses, including, but not limited to, amounts paid to tradespersons and workers whose services the director considers necessary; (b) the director's personnel expenses for time spent by members of the director's staff on the closure, calculated at the hourly rates payable to them by the government at the relevant times; (c) mileage and other travel expenses paid to members of the director's staff by the government in connection with the closure; (d) legal fees and costs incurred by the director in relation to all proceedings in the application resulting in the closure of the property, whether the fees and costs are payable to government or non-government counsel. Coming into force 7 This regulation comes into force on the day The Safer Communities and Neighbourhoods Act , S.M. 2001, c. 6, comes into force. SCHEDULE (Section 3) NOTICE ACCOMPANYING A COMMUNITY SAFETY ORDER This notice is intended for the owner(s) of the building or property described in the Community Safety Order with which this notice is being served or posted. It is also intended for any person who is occupying the building or property, whether as a tenant or otherwise, and for any person whose activities in or around the building or property may be causing or contributing to the activities described in the Order. Please take note of the following: 1. The Order has been made under The Safer Communities and Neighbourhoods Act , C.C.S.M. c. S5. 2. The Safer Communities and Neighbourhoods Act provides in part as follows (number references are to the section numbers of the Act): (a) A Community Safety Order made in respect of a building occupied by a person other than its owner may contain a provision terminating the person's lease or tenancy agreement, effective as of a date specified in the Order. If you are a tenant of the building at which this Notice is posted, the Order may require you to vacate the building on or before a specified date and not return. If you cannot tell whether your lease or tenancy agreement is being terminated by reading the Order (which is either being served with this notice or is posted on the building), please contact the Public Safety Branch, Department of Justice of Manitoba, 945-3475 or 1-800-954-9361. [subsection 6(2)] (b) A Community Safety Order may contain a provision requiring the Director of Public Safety to close the building, either immediately or on a specified date, and keep it closed for up to 90 days. If you cannot tell whether the Court has ordered the Director to close the building by reading the Order (which is either being served with this notice or is posted on the building), please contact the Public Safety Branch, Department of Justice of Manitoba, 945-3475 or 1-800-954-9361. [subsection 6(2)] (c) For the purpose of posting a Community Safety Order and notice as required under the Act, the applicant or someone on the applicant's behalf may enter onto the land on which the building to be posted is located, if accompanied by a peace officer. [subsection 11(2)] (d) A person who removes a duly posted copy of a Community Safety Order, or a notice posted with such an Order, before the Order ceases to be in effect, commits an offence and is liable on summary conviction to a fine of not more than $2,500. 00 , or to imprisonment for a term of not more than three months, or both. [section 33] (e) An owner of a building who fails to comply with a Community Safety Order made in respect of the building commits an offence and is liable on summary conviction to a fine of not more than $500. 00 for each day that the offence continues. [subsections 35(1), (3) and (4)] (f) A person other than the owner who, after having been personally served with a Community Safety Order made in respect of a building occupied by the person, causes, contributes to, permits, or acquiesces in, activities described in the order commits an offence and is liable on summary conviction to a fine of not more than $500. 00 for each day that the offence continues. [subsections 35(2), (3) and (4)] 3. If you are the owner of the building or property described in the Community Safety Order and the Community Safety Order contains a provision requiring the Director of Public Safety to close the building or property, you may be entitled to apply to the Court to set aside the part of the Order requiring the building or property to be closed. If the Director ultimately has to close the building or property, you will be required to pay the Director's costs of closing the building. [subsections 6(4) and 25(1)] 4. Police officers are authorized under the Act to assist in serving and enforcing a Community Safety Order. If you are a tenant or other occupant of the building or property described in the Order, the police service may require you to vacate the building or property on the date, if any, specified in the Order. [subsection 43(2)] 5. If you are a resident of the building or property and the Community Safety Order requires you to vacate it, you may be entitled to apply to the Court to vary the Order either before or after you vacate. But, you must act quickly. The Safer Communities and Neighbourhoods Act sets out a time limit for making the application. [section 12] 6. If you are the owner or tenant of the building or property described in the Community Safety Order, or a person otherwise occupying or using the building or property, and you fail to comply with the Order after having been served with a copy of it, you may be subject to contempt of court proceedings. If found to be in contempt of court, you may be subject to fine or imprisonment. 7. If you are a person carrying on any of the activities described in the Community Safety Order in or around the building or property and you fail to comply with the Order after having been served with a copy of it, you may be subject to contempt of court proceedings. If found to be in contempt of court, you may be subject to fine or imprisonment. If you have any questions about this notice or the accompanying Order, you are advised to contact the Public Safety Branch, Department of Justice of Manitoba, 945-3475 or 1-800-954-9361.