MHHS · Safer Communities and Neighbourhoods Act
Part 2 — Fortified Buildings
43 Designation and Orders Respecting Fortified Buildings Designating fortified building a threat to public safety
fortified building as a threat to public safety.
(2) In determining whether a fortified building is a threat to public
safety, the Director may take into account
(a) the number and type of fortifications in or on the buildin g or
on the property on which the building is located,
(b) whether the fortifications could significantly impair the
ability of emergency response personnel and law
enforcement officials to gain access to the building,
(c) whether the fortifications could significantly impair the
ability of people inside the building to escape in an
emergency,
(d) the nature of the neighbourhood or area in which the
building is located,
(e) the proximity of the building to schools, playgrounds and
other places where children are likely to be present,
(f) the proximity of the building to other buildings,
(g) the purpose for which the building is being used,
(h) whether the fortifications are reasonably necessary given the
purpose for which the building is being used,
(i) the persons who own, oc cupy or visit the building,
SAFER COMMUNITIES AND
(j) whether any criminal activity or other disruptive behaviou r
has previously taken place in or around the building, and
(k) any other factor that the Director considers reasonable.
(3) The Director may make a designation pursuant to subsection
(1) without giving prior notice to the owner or occupant of the
building and without holding a hearing.
(4) The Director shall not designate a fortified building as a threat
to public safety pursuant to subsection (1) if it has been fortified in
a manner that does not exceed reasonable security measures
commonly taken for
(a) the type of business being operated in the fortified build ing,
or
(b) a residential dwelling.