The Civil Remedies Against Organized Crime Act

The Civil Remedies Against Organized Crime Act, C.C.S.M. c. C107 (Assented to December 12, 2002) bilingual version (HTML) Table of Contents Section PART 1 THE CIVIL REMEDIES AGAINST ORGANIZED CRIME ACT 1 Definitions and interpretation 2 Repealed 3-4 Member of a criminal organization owning or managing a business 5 Carrying on a business to advance an unlawful activity 6 Person conspiring to engage in unlawful activity 7 Damages re conspiracy to engage in unlawful activity 8 Application to be heard on an urgent basis 9 King's Bench rules re discovery not to apply 10 Standard of proof 11 Proof of offence 12 Corporation may not be revived 13 Appeal to Court of Appeal 14 Service of order on authority and compliance 15 Protection from legal action PART 2 AMENDMENTS TO THE LIQUOR CONTROL ACT 16 Amendments to L160 PART 3 CONSEQUENTIAL AMENDMENTS 17 Consequential amendments to The Victims' Bill of Rights PART 4 CITATION AND COMING INTO FORCE 18 C.C.S.M. reference 19 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 THE CIVIL REMEDIES AGAINST ORGANIZED CRIME ACT Definitions 1(1) In this Act, "business" means an undertaking involving the provision of goods or services, whether for profit or not; (« entreprise ») "criminal organization" means a criminal organization as defined in section 2 of the Criminal Code (Canada); (« organisation criminelle ») "criminal organization offence" means a criminal organization offence as defined in section 2 of the Criminal Code (Canada); (« infraction d'organisation criminelle ») "director" means the person appointed under Part 3 of The Public Service Act as the director for the purposes of this Act; (« directeur ») "injury to the public" includes (a) any unreasonable interference with the public health, safety, comfort or convenience, (b) any unreasonable interference with the public's enjoyment of property, and (c) any expense or increased expense incurred by the public, including any expense or increased expense incurred by the government or a municipality; (« préjudice d'ordre public ») "judge" means a judge of the Court of King's Bench; (« juge ») "respondent" means a person named as a respondent in an application made under this Act; (« intimé ») "unlawful activity" means an act or omission that is an offence under (a) an Act of Canada, Manitoba or another Canadian province or territory, or (b) an Act of a jurisdiction outside Canada, if a similar act or omission would be an offence under an Act of Canada or Manitoba if it were committed in Manitoba. (« activité illégale ») Interpretation: "owns or manages a business" 1(2) For the purposes of this Act, a person owns or manages a business if the person, directly or indirectly, (a) owns, controls or has a significant interest in it; (b) manages its operations; or (c) exercises, or is in a position to exercise, a significant degree of influence over its management. S.M. 2010, c. 11, s. 2 ; S.M. 2021, c. 11, s. 65 . 2 [Repealed] S.M. 2010, c. 11, s. 3 . MEMBER OF A CRIMINAL ORGANIZATION OWNING OR MANAGING A BUSINESS Application 3(1) If the director is satisfied that a person is a member of a criminal organization and owns or manages a business, or is reasonably expected to own or manage a business, the director may apply to a judge for an order described in subsection (2). Order 3(2) If the judge is satisfied that the respondent is a member of a criminal organization and owns or manages a business, or is reasonably expected to own or manage a business, he or she may make an order doing one or more of the following: (a) cancelling any licence under The Fuel Tax Act , The Liquor, Gaming and Cannabis Control Act , or The Tobacco Tax Act , or any RST number under The Retail Sales Tax Act , held or used in connection with the business; (b) prohibiting the respondent from owning or managing a business whose operation requires such a licence or RST number, for the period specified in the order; (c) designating any premises used or occupied by the business as a prohibited place for the purposes of section 69 of The Liquor, Gaming and Cannabis Control Act , for the period specified in the order. S.M. 2005, c. 40, s. 126 ; S.M. 2010, c. 11, s. 4 ; S.M. 2010, c. 29, Sch. B, s. 35 ; S.M. 2013, c. 51, Sch. B, s. 192 ; S.M. 2018, c. 9, s. 44 . MEMBER OF A CRIMINAL ORGANIZATION APPLYING FOR A BUSINESS LICENCE Application 4(1) The director may apply to a judge for an order described in subsection (2) if he or she is satisfied that (a) a person is a member of a criminal organization and owns or manages a business, or is reasonably expected to own or manage a business; and (b) an application concerning that business has been made for a licence or RST number referred to in clause 3(2)⁠(a). Order 4(2) The judge may order that the application for such a licence or registration, and any similar application made within a period of time specified in the order, be denied, if he or she is satisfied that the respondent (a) is a member of a criminal organization; and (b) owns or manages, or is reasonably expected to own or manage, the business in respect of which the application was made. Licence or RST number not to be issued 4(3) Despite the provisions of any other Act, when an application is made under this section concerning the issuance of a licence or RST number, it must not be issued while the application is pending. S.M. 2005, c. 40, s. 126 ; S.M. 2010, c. 11, s. 5 . CARRYING ON A BUSINESS TO ADVANCE AN UNLAWFUL ACTIVITY Application 5(1) If the director is satisfied that a person owns or manages a business that, to the knowledge of the person, is being used to advance an unlawful activity, the director may apply to a judge for an order described in subsection (2). Order 5(2) If the judge is satisfied that the respondent owns or manages a business that, to the knowledge of the respondent, is being used to advance an unlawful activity, the judge may, to stop or prevent that use of the business, make an order doing one or more of the following: (a) requiring the respondent to cease owning or managing the business, in a manner satisfactory to the judge, within a period specified in the order; (b) requiring that the business cease operations in Manitoba; (c) requiring that the business be liquidated in a manner directed by the court; (d) cancelling any licence under The Fuel Tax Act , The Liquor, Gaming and Cannabis Control Act , or The Tobacco Tax Act , or any RST number under The Retail Sales Tax Act , held or used in connection with the business; (e) prohibiting the respondent from owning or managing a business whose operation requires such a licence or RST number, for the period specified in the order; (f) if the business is operated by a corporation incorporated under The Corporations Act , liquidating and dissolving that corporation; (g) if the business is registered under The Business Names Registration Act , cancelling that registration; (h) designating any premises used or occupied by the business as a prohibited place for the purposes of section 69 of The Liquor, Gaming and Cannabis Control Act , for the period specified in the order. S.M. 2005, c. 40, s. 126 ; S.M. 2010, c. 11, s. 6 ; S.M. 2010, c. 29, Sch. B, s. 35 ; S.M. 2013, c. 51, Sch. B, s. 192 ; S.M. 2018, c. 9, s. 44 . PERSON CONSPIRING TO ENGAGE IN UNLAWFUL ACTIVITY Application 6(1) If the director is satisfied that (a) a person has conspired with anyone to engage in an unlawful activity; (b) the person knew or ought to have known that the unlawful activity would likely result in injury to the public; and (c) injury to the public has resulted, or will likely result, from the unlawful activity; the director may apply to a judge for an order restraining the person's activities. Order 6(2) If the judge is satisfied that (a) the respondent has conspired with anyone to engage in an unlawful activity; (b) the respondent knew or ought to have known that the unlawful activity would likely result in injury to the public; and (c) injury to the public has resulted, or will likely result, from the unlawful activity; the judge may, to prevent or reduce the risk of injury to the public, make any order that he or she considers necessary and just to restrain the respondent's activities. Presumption of risk of injury to the public 6(3) For the purpose of subsection (1), proof that at least twice in the five years before the application was commenced the respondent engaged in or conspired to engage in unlawful activity that resulted in injury to the public is proof, in the absence of evidence to the contrary, that similar unlawful activity would create a risk of injury to the public. Interim order where application pending 6(4) On the motion of the director in an application under this section, a judge may, for the purpose of preventing or reducing the risk of injury to the public, make any interim order that he or she considers necessary and just. Order may be for specified time 6(5) An order under this section may specify the period during which it remains in effect. S.M. 2010, c. 11, s. 7 . Damages re conspiracy to engage in unlawful activity 7(1) In an application under section 6, the director may seek damages from the respondent on behalf of the public for any injury to the public that results from the unlawful activity. If satisfied that injury to the public has resulted from the unlawful activity, the judge may include in the order a requirement that the respondent pay damages for that injury. Damages are a debt to the government 7(2) Damages awarded under subsection (1) must be paid to the Minister of Finance and are a debt owing to the government. 7(3) [Repealed] S.M. 2020, c. 21, s. 178 . S.M. 2010, c. 11, s. 8 ; S.M. 2012, c. 40, s. 8 ; S.M. 2020, c. 21, s. 178 . GENERAL PROVISIONS Application to be heard on an urgent basis 8 An application under this Act must be heard on an urgent basis. King's Bench rules re discovery not to apply 9 The King's Bench Rules regarding (a) examination for discovery; (b) affidavits of documents and discovery of documents; and (c) examination and cross-examination of a deponent or a witness before a hearing; do not apply to the hearing of an application under this Act. Standard of proof 10 Findings of fact in an application under this Act shall be made on the balance of probabilities. Proof of offence 11 In an application under this Act, (a) there is a rebuttable presumption that a person is a member of a criminal organization if he or she has been found guilty or convicted of a criminal organization offence under the Criminal Code (Canada); and (b) evidence that a person was charged with and acquitted of an offence under the Criminal Code (Canada), or that such a charge was withdrawn or stayed, is not relevant in making a finding of fact under this Act. Corporation may not be revived 12 The provisions of The Corporations Act that make it possible to revive a corporation do not apply in respect of a corporation liquidated and dissolved by an order made under this Act. Appeal to Court of Appeal 13 An order made under this Act may be appealed to The Court of Appeal on a question of law, but otherwise is final and binding and is not subject to appeal under any other Act. Service of order on authority and compliance 14 When an order is made under this Act, the director may arrange for the order to be served on the authority having jurisdiction in respect of a licence or registration described in the order, and that authority must comply with the terms of the order as soon as reasonably practicable. S.M. 2010, c. 11, s. 9 . Protection from legal action 15 No action or proceeding for damages may be brought against the director or any person acting under the authority of, or engaged in the administration of, this Act because of anything done or omitted to be done in good faith under this Act. S.M. 2010, c. 11, s. 10 . PART 2 AMENDMENTS TO THE LIQUOR CONTROL ACT 16 NOTE: This section made up Part 2 of the original Act and contained amendments to The Liquor Control Act that are now included in that Act. PART 3 CONSEQUENTIAL AMENDMENTS 17 NOTE: This section made up Part 3 of the original Act and contained consequential amendments to The Victims' Bill of Rights that are now included in that Act. PART 4 CITATION AND COMING INTO FORCE C.C.S.M. reference 18 This Act may be cited as The Civil Remedies Against Organized Crime Act and referred to as chapter C107 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 19 This Act comes into force on the day it receives royal assent.