Fortified Buildings Regulation

Fortified Buildings Regulation, M.R. 121/2013 The Fortified Buildings Act , C.C.S.M. c. F153 Regulation 121/2013 Registered August 19, 2013 bilingual version (HTML) Table of Contents Section 1 Definition 2 Fortifications 3 Costs of closing collectible by director 4 Permitted traps 5 Removal order 6 Closure order 7 Notice in land titles office or registry 8 Coming into force Schedule A Removal Order B Closure Order C Notice of Order Definition 1 In this regulation, "Act" means The Fortified Buildings Act . Fortifications 2 For the purposes of clause 1(2)⁠(e) of the Act, a building is a "fortified building" if it is protected by one or more of the following: (a) metal screens or wire mesh on doors or windows, unless the screen or mesh provides no significant resistance to a person attempting to break through it; (b) a fence or barrier in which broken glass, nails or other jagged items are embedded; (c) razor wire or barbed wire; (d) concrete blocks, bricks or similar items that partially or completely cover doorways or windows; (e) pillars or barriers made of concrete, metal or similar material that are located on a road or driveway providing access to the property on which the building is located that prevent, restrict or obstruct motor vehicle access to that building; (f) a moat or trench that prevents, restricts or obstructs motor vehicle access to the building; (g) a hole, with a diameter and depth large enough to immobilize a motor vehicle, that has been dug into a road or driveway providing access to the property on which the building is located, whether the hole is exposed or covered; (h) visual surveillance equipment, such as a video camera, still camera or "night vision" system, that (i) is installed on the building or the property on which the building is located, and (ii) allows the operator of the equipment to view land beyond the property on which the building is located. Costs of closing collectible by director 3 For the purposes of section 14 of the Act, the director may require the owner of a building subject to a closure order to pay the following expenses incurred to close the building: (a) the director's documented out-of-pocket expenses, including, but not limited to, amounts paid to tradespersons and workers who the director retained to secure the closure of the building; (b) the director's personnel expenses for time spent by members of the director's staff for all work that led to the closure of the building, 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 all work that led to the closure of the building; (d) any legal fees and costs incurred by the director in relation to any legal proceedings required to obtain a closure order for the building, whether the fees and costs are payable to government or non-government lawyers. Permitted traps 4(1) For the purpose of clause 19(e.1) of the Act, the placing or setting of the following traps does not contravene section 14.1 of the Act: (a) subject to subsection (2), a trap designed to capture wild animals that is placed or set for that purpose; (b) an electrified fence, as long as the fence is clearly visible to persons who approach the fence. 4(2) The exception set out clause (1)⁠(a) does not apply if the trap is set in or near a building or other structure in a location where persons seeking to enter the building in a normal fashion would be likely to trigger the trap. Removal order 5 A removal order must be in the form set out in Schedule A. Closure order 6 A closure order must be in the form set out in Schedule B. Notice in land titles office or registry 7 A notice under subsection 9(1) of the Act must be in the form set out in Schedule C. Coming into force 8 This regulation comes into force on the same day that The Fortified Buildings Amendment Act , S.M. 2012, c. 17, comes into force. SCHEDULE A Removal Order SCHEDULE B Closure Order SCHEDULE C Notice of Order