How does the process
start?
The process starts when one or more residents of a neighbourhood who
fear for their safety or security file a complaint with Manitoba's
director of law enforcement.
The complaint is kept confidential. The identity of those who
file it cannot be revealed at any time.
The director may launch an investigation. If there is evidence
to support the claim, the director has several options:
- issue a warning letter to the property owner
- resolve the problem out of court
- apply for a Community Safety Order, with or without a Closure
Order against the property
- apply for an Emergency Closure Order
If the director decides not to act on the complaint, the person or
persons who made the complaint can take the matter to court at their own
cost.
Who investigates the
complaint?
Public Safety Investigations of Manitoba Justice will receive and
investigate the complaint.
What happens if
either a Community Safety Order or an Emergency Closure Order is
granted?
A notice and a copy of the order outlining conditions are posted on
the property. At the same time, a copy of the order is served on
the owner. It will order the owner to take steps to stop the
problem and also bar tenants from continuing in specified activities.
It may order some or all people to leave for a specific period of time
if they have been involved in such activities. The tenancy
agreement or lease of any tenant may also be terminated. The
property may also be closed for up to 90 days.
What can a tenant do
who is not involved in illegal activities?
Tenants who have not been involved in any illegal activities can
apply to the court for a variance of the order, which allows them to
return to the property. The application has to be done within 14
days of being served, although the court may extend this time.
What can an owner do
if they receive an order to close the property?
Before the closure date, the owner may ask the court to set aside the
order. A property owner may also appeal an order if it involves a
question of law and if a judge of the Court of Appeal has given leave to
do so. This must be done within 14 days after the order is
pronounced or within such further time as a judge allows. The
judge's decision on the application for leave to appeal is final and not
subject to further appeal.
What happens if the
owner does not comply with a Community Safety Order?
An owner who does not comply may face a number of penalties,
including a fine of up to $500 for every day compliance does not occur
and possibly fines or imprisonment if found in contempt of court.
An owner who transfers property to another party without letting them
know that an order is in effect may be liable to a fine of up to $20,000
and/or a year in prison.
What happens if the
tenants do not comply?
If the tenants involved in unlawful activity ignore the order, they
may be liable to a fine of up to $500 and may also be liable to fines
and/or imprisonment if found in contempt of court.
Defacing an Order or
entering a closed building.
Anyone who removes or defaces an order or in any way interferes with
it faces a fine up to $2,500 and/or three months in prison.
Someone who enters a property closed under an order may be liable to a
fine up to $5,000 and/or six months in prison.
What happens if an
owner is falsely accused?
Each complaint is thoroughly investigated. If no evidence is
found to support it, the complaint is dropped.
An owner found to be innocent and who has also taken reasonable steps
to prevent illegal activities on their premises can get help in removing
problem tenants.
Who is responsible
for the costs of closure?
The owner of the property is responsible for costs related to the
closure of the property.
Does the act apply
to gangs?
Yes, if they are habitually involved in one or more of the activities
defined above.
Can my house be
closed if my teenager has a noisy party while I am away?
Not unless there is evidence that your home is habitually used for
one or more of the activities defined above.
For more
information, contact:
Manitoba Justice
Public Safety Investigations
1430 - 405 Broadway
Winnipeg MB R3C 3L6
Phone (Winnipeg) (204) 945-3475
(Toll Free outside Winnipeg) 1-800-954-9361
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