Body Armour and Fortified Vehicle Control Regulation

Body Armour and Fortified Vehicle Control Regulation, M.R. 200/2011 The Body Armour and Fortified Vehicle Control Act , C.C.S.M. c. B65 Regulation 200/2011 Registered December 2, 2011 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Body armour permit exemption 3 Authorization to possess body armour without permit 4 Purchase requirements for exempt persons 5 Application requirements 6 Application fees 7 Term of permit or licence 8 Body armour seller's licence holder obligations 9 Fortified vehicle permit exemptions 10 Application requirements 11 Application fee 12 Term of permit 13 Serving compliance notice 14 Notice of application re personal property 15 Cost of detaining vehicle and removing fortifications 15.1 After-market hidden compartment exception 16 Varying application requirements 17 Temporary exemptions 18 Coming into force INTERPRETATION Definitions 1(1) The following definitions apply in this regulation. "Act" means The Body Armour and Fortified Vehicle Control Act . («  Loi  ») "armoured vehicle service" means a business that transports valuable items, such as cash, cheques, precious metals, jewellery and securities, to and from financial institutions, stores and other places of business in a fortified vehicle. (« service de véhicules blindés ») "criminal record check" means a record about a person obtained from a law enforcement agency that lists the following: (a) all of the person's convictions and findings of guilt for offences under a law of Canada up to the date of the check for which a pardon under the Criminal Records Act (Canada) has not been issued or granted; (b) all of the person's convictions and findings of guilt for a provincial offence or an offence under a law of any other province or territory of Canada; (c) all fines levied against the person for a provincial offence that remain unpaid on the date of the check; (d) all charges for allegedly committing an offence against a law of Canada that have been laid against the person and that have not been resolved on the date of the check. (« relevé des antécédents judiciaires ») "vintage military vehicle" means a vehicle once used by military services, such as a tank or armoured personnel carrier, that is no longer in active military use due to its age or because it is not equipped to meet current military standards. (« véhicule militaire d'époque ») 1(2) The following garments and items are prescribed as body armour: (a) a garment or item designed, intended or adapted to protect a person from puncture or stab wounds inflicted by another person; (b) panels or plates that (i) protect a person from projectiles discharged from a firearm or from puncture or stab wounds, and (ii) are designed to be inserted into pockets of vests, jackets or other garments. 1(3) A vehicle will not be considered to be a fortified vehicle under the Act if it has protective or reinforced material on the underside of the vehicle, as long as this material is not installed elsewhere on the vehicle. BODY ARMOUR Body armour permit exemption 2(1) Subsection 3(1) of the Act (body armour permit required) does not apply to the following persons: (a) a person employed by the Government of Manitoba or the Government of Canada, or a department of agency of either government, if the person is required or authorized to wear body armour in the course of his or her employment; (a.1) a community safety officer, First Nation safety officer or institutional safety officer appointed under The Police Services Act ; (b) a band constable appointed under the Indian Act (Canada); (c) a community constable in a community under The Northern Affairs Act ; (d) a person employed by an armoured vehicle service, if the person is required or authorized to wear body armour in the course of his or her employment; (e) the holder of a security guard licence under The Private Investigators and Security Guards Act . 2(2) The exemption from the requirement to hold a body armour permit provided to a person under clause (1)⁠(a), (a.1), (b), (c) or (d) applies only while the person (a) is using body armour in the course of his or her employment or duties; or (b) is in possession of body armour as required or authorized by his or her employer or immediate supervisor. 2(3) The exemption from the requirement to hold a body armour permit provided to a person under clause (1)⁠(e) applies only when the person (a) is using body armour while working as a security guard; (b) is transporting the body armour to or from the place where he or she is working as a security guard; and (c) is storing the body armour at his or her residence. M.R. 111/2024 Authorization to possess body armour without permit 3(1) The director may, by written authorization, exempt a person from the requirement to hold a body armour permit while possessing body armour for a period not exceeding 90 days if he or she is satisfied that it is appropriate for the person to be authorized to possess body armour due to a significant risk to the person's safety. 3(2) The written authorization must specify the period when the person may possess body armour without a permit. Purchase requirements for exempt persons 4(1) A person who is exempt from the requirement to hold a body armour permit under section 2 or 3 must provide the following to the seller of body armour when purchasing body armour: (a) government issued identification that contains a photograph of the person; (b) if exempt under clause 2(1)⁠(a), (a.1), (b), (c) or (d), a signed statement from the individual's employer or immediate supervisor confirming that the individual is required or authorized to wear body armour in the course of his or her employment or duties; (c) if exempt under clause 2(1)⁠(e), a copy of the person's licence issued under The Private Investigators and Security Guards Act ; (d) if exempt under section 3, a copy of the written authorization issued by the director. 4(2) When requested by an inspector, a person who is exempt from the requirement to hold a body armour permit under section 2 or 3 who is in possession of body armour must provide the inspector with (a) government issued identification that contains a photograph of the person; and (b) a copy of the applicable document referred to in subclause (1)⁠(b), (c) or (d) that provides proof of the person's exemption. M.R. 111/2024 Application requirements 5(1) A person applying for a body armour permit, a body armour seller's licence or a renewal of either of them must include the following with the application: (a) a current criminal record check; (b) an authorization from the person allowing the director to perform a criminal record check at any time during the term of the permit or licence; (c) the applicable fee under section 6. 5(2) Subject to section 16 (varying application requirements), if the applicant is a corporation or partnership, the application must include (a) a current criminal record check for each officer and director of the corporation or each partner in the partnership; and (b) an authorization allowing the director to perform a criminal record check on each officer and director of the corporation or each partner in the partnership at any time during the term of the permit or licence. Application fees 6(1) The application fees for a body armour permit are as follows: (a) new permit 6(2) The application fees for a body armour seller's licence are as follows: (a) new licence Term of permit or licence 7 A body armour permit or body armour seller's licence is valid for five years from the date it is issued, unless it is cancelled by the director. Body armour seller's licence holder obligations 8(1) The holder of a body armour seller's licence must not sell body armour to a person unless that person produces (a) a valid body armour permit; (b) in the case of a person who is exempt under clause 3(2)⁠(a) of the Act, (i) government issued identification that contains his or her photograph, and (ii) proof that he or she is a person described in that clause; or (c) in the case of a person who is exempt from the requirement to hold a body armour permit under section 2 or 3, (i) government issued identification that contains his or her photograph, and (ii) a copy of the applicable documents referred to in clause 4(1)⁠(b), (c) or (d) that provide proof of his or her exemption. 8(2) The holder of a body armour seller's licence must record the information provided by a purchaser under subsection (1) and maintain records of all purchases of body armour. 8(3) When requested by the director, the holder of a body armour seller's licence must provide the director with the records maintained by the holder under subsection (2) for a specified period. FORTIFIED VEHICLES Fortified vehicle permit exemptions 9(1) Subsection 13(1) of the Act (permit required to own or drive fortified vehicle) does not apply to (a) the owner of a vintage military vehicle; or (b) the owner of an armoured vehicle service. 9(2) The exemption under clause (1)⁠(a) only applies to a vintage military vehicle that is owned by the person who is the subject of the exemption. 9(3) The exemption under clause (1)⁠(b) only applies to fortified vehicles that are used in the business operations of the armoured vehicle service. 9(4) A person who is an employee of an armoured vehicle service does not require a fortified vehicle permit when he or she is driving a fortified vehicle in the course of his or her employment. Application requirements 10(1) A person applying for or renewing a fortified vehicle permit must include the following with the application: (a) a current criminal record check; (b) an authorization from the person allowing the director to perform a criminal record check at any time during the term of the permit; (c) the applicable fee under section 11. 10(2) Subject to section 16 (varying application requirements), if the applicant is a corporation or partnership, the application must include (a) a current criminal record check for each officer and director of the corporation or each partner in the partnership; and (b) an authorization allowing the director to perform a criminal record check on each officer and director of the corporation or each partner in the partnership at any time during the term of the permit. Application fee 11 The application fees for a fortified vehicle permit are as follows: (a) new permit Term of permit 12 A fortified vehicle permit is valid for five years from the date it is issued, unless it is cancelled by the director. Serving compliance notice 13(1) A compliance notice may be served personally or by regular mail to the person's last known address if reasonable attempts to personally serve the compliance notice have been unsuccessful. 13(2) A compliance notice sent by regular mail is deemed to have been served five days after it was mailed. Notice of application re personal property 14(1) For the purposes of subsection 20(1) of the Act, notice of the issuance of a compliance notice must be given by submitting a financing statement for registration in the Personal Property Registry in accordance with The Personal Property Security Act . 14(2) Part 5 of The Personal Property Security Act applies, with any necessary changes, to the registration of a financing statement under subsection (1). 14(3) The financing statement must (a) name as the debtor the person who owns the vehicle that is the subject of the compliance notice; (b) name the Government of Manitoba as the secured party; and (c) specify as the collateral the vehicle that is the subject of the compliance notice. Cost of detaining vehicle and removing fortifications 15(1) The cost of seizing and detaining a vehicle is to be determined in accordance with the Impoundment of Vehicles Fees Regulation , Manitoba Regulation 243/89. 15(2) The cost to remove fortifications from a vehicle is to be determined based upon a written estimate provided by a mechanic or other tradesperson selected by the director, following an inspection of the vehicle in question. AFTER-MARKET HIDDEN COMPARTMENTS After-market hidden compartment exception 15.1 Subsection 24.1(1) of the Act (after-market hidden compartments prohibited) does not apply to a vehicle owned or operated by (a) a police service; or (b) an armoured vehicle service. M.R. 111/2024 MISCELLANEOUS Varying application requirements 16 On written request, the director may waive or modify the requirement to obtain criminal record checks and authorizations to perform criminal record checks from each officer and director of a corporation or each partner in a partnership when a corporation or partnership is applying for a licence or permit under the Act. Temporary exemptions 17 Subsections 3(1), 8(1) and 13(1) of the Act do not apply to Manitoba residents until April 1, 2012. Coming into force 18 This regulation comes into force on January 1, 2012.