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Third Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 16

THE POLICE SERVICES ACT


Table of Contents Explanatory Note

(Assented to                                         )

WHEREAS police services play a critical role in protecting the safety and security of Manitobans;

AND WHEREAS co-operation between police services and the communities they serve will result in improved safety and security and better relations between police and citizens;

AND WHEREAS civilian governance and oversight of police services will improve transparency and accountability in the delivery of policing services;

AND WHEREAS it is desirable that policing services be provided in a manner that recognizes the pluralistic and multicultural character of Manitoba society, and in particular, First Nation, Metis and other aboriginal peoples;

AND WHEREAS it is recognized that public safety is enhanced as police services become more representative of the communities they serve;

AND WHEREAS it is important to recognize the rights of victims of crime and their needs in the delivery of policing services;

AND WHEREAS the importance of safeguarding the fundamental rights protected by the Canadian Charter of Rights and Freedoms and The Human Rights Code is recognized by all;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTERPRETATION

Definitions

1(1)        The following definitions apply in this Act.

"civilian director" means the person appointed as the civilian director of the independent investigation unit. (« directeur civil »)

"civilian monitor" means a person appointed under Part 7 to monitor investigations. (« observateur civil »)

"commission" means the Manitoba Police Commission established under section 6. (« Commission »)

"council" means the council of a municipality. (« conseil municipal »)

"department" means the department of government over which the minister presides and through which this Act is administered. (« ministère »)

"director" means the person appointed as the Director of Policing under section 3. (« directeur »)

"First Nation" means a band as defined in the Indian Act (Canada). (« Première nation »)

"First Nation police service" means a police service established under Part 5. (« service de police de Premières nations »)

"independent investigation unit" means the unit established under Part 7. (« unité d'enquête indépendante »)

"investigator" means a person selected to serve as an investigator with the independent investigation unit. (« enquêteur »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"municipal police service" means a police service operated by a municipality under Part 4. (« service de police municipal »)

"police board" means the police board for a police service. (« conseil de police »)

"police chief" means the person appointed as the chief of a police service, and includes an acting chief of a police service. (« chef de police »)

"police officer" means a person appointed to serve as a police officer in a police service, and includes a police chief. (« agent de police »)

"police service" means a police service established or continued under this Act, but does not include the Royal Canadian Mounted Police. (« service de police »)

"prescribed" means prescribed by regulation.

"regional police service" means a police service established under Division 4 of Part 4. (« service de police régional »)

"special constable" means a special constable appointed under Part 8. (« agent de police spécial »)

"urban municipality" means a city, town, village or other urban municipality formed or continued under The Municipal Act, and includes the City of Winnipeg. (« municipalité urbaine »)

Reference to "Act" includes regulations

1(2)        In this Act, a reference to "this Act" includes the regulations made under this Act.

PART 2

ADMINISTRATION

Minister's role

2           The minister is responsible for ensuring that adequate and effective policing is provided throughout Manitoba.

Director of policing

3           A Director of Policing is to be appointed as provided in The Civil Service Act.

Director's responsibilities

4(1)        The director, under the general direction of the minister, is responsible for the following:

(a) the oversight and supervision of police services in Manitoba;

(b) the assessment of policing requirements in Manitoba;

(c) the co-ordination of policing in Manitoba.

Specific duties of director

4(2)        The duties of the director include

(a) monitoring, inspecting and reporting to the minister on the quality and standard of police services in Manitoba;

(b) co-ordinating the delivery of policing in Manitoba;

(c) developing and promoting programs to enhance professional practices and standards for police services and police boards;

(d) consulting with and providing information to the minister, police chiefs, police boards and the Royal Canadian Mounted Police on matters relating to law enforcement and policing;

(e) developing programs and statistical records respecting law enforcement and policing;

(f) establishing programs to promote cooperation between police services and the public; and

(g) performing any other duties assigned by the minister.

Delegation

5           The director may delegate any power conferred or duty imposed on the director by this Act to an employee of the department.

Commission established

6           The Manitoba Police Commission is hereby established.

Duties of commission

7           The duties of the commission include

(a) providing advice to the minister on regulations dealing with the operation of police services and the conduct of police officers, including regulations prescribing standards for police services and police officers;

(b) consulting with the public on matters relating to law enforcement and policing, and providing the results of those consultations to the minister;

(c) developing a policy and procedures manual for police boards and a code of ethical conduct for members of police boards;

(d) arranging for training to be provided to members of police boards and civilian monitors; and

(e) performing any other duties assigned by the minister.

Studies by commission

8(1)        The minister may direct the commission to conduct a study on a specific issue relating to law enforcement or policing.

Report to minister

8(2)        When the commission conducts a study at the request of the minister, it must provide the minister with a report setting out its findings and any recommendations it may have on the issue.

Membership

9(1)        The commission is to consist of at least five but no more than nine persons appointed by the Lieutenant Governor in Council.

Makeup of commission

9(2)        The commission must include at least one member of a First Nation and one other aboriginal person.

Appointment considerations

9(3)        In appointing persons to the commission, the Lieutenant Governor in Council must take into account the cultural and gender diversity of Manitoba.

Term of office

10(1)       Members of the commission are to be appointed for the term fixed in the order appointing them, which must not exceed four years, and no member may serve more than two successive terms.

Appointment continues

10(2)       A member of the commission whose term expires continues to hold office until he or she is reappointed, a successor is appointed or the appointment is revoked.

Chair and vice-chair

11(1)       The Lieutenant Governor in Council must appoint one of the members of the commission as the chair of the commission and another as the vice-chair.

Authority of vice-chair

11(2)       The vice-chair has the authority of the chair if the chair is absent or unable to act, or if authorized by the chair.

Staff

12          Any employees required to enable the commission to carry out its duties may be appointed in accordance with The Civil Service Act.

PART 3

RESPONSIBILITY FOR

PROVIDING POLICING IN MANITOBA

Policing in large urban municipalities

13(1)       An urban municipality with a population over 5,000 must ensure that policing services are provided in the municipality by

(a) establishing its own police service;

(b) entering into an agreement with the Government of Canada to have the Royal Canadian Mounted Police provide policing services in the municipality;

(c) entering into an agreement with one or more municipalities to jointly operate a regional police service that will provide policing services in those municipalities; or

(d) entering into an agreement with another municipality to have that other municipality's police service provide policing services in the municipality.

Policing in mid-sized urban municipalities

13(2)       An urban municipality with a population between 750 and 5,000 must ensure that policing services are provided in the municipality by

(a) establishing its own police service;

(b) entering into an agreement with the Government of Manitoba to have the Royal Canadian Mounted Police provide policing services in the municipality under an agreement entered into under section 18;

(c) entering into an agreement with one or more municipalities to jointly operate a regional police service that will provide policing services in those municipalities; or

(d) entering into an agreement with another municipality to have the police service for that other municipality provide policing services in the municipality.

Policing in other areas of Manitoba

14(1)       Unless policing services are being provided in accordance with subsection (2), the minister must ensure that policing services are provided in

(a) an urban municipality with a population under 750;

(b) a rural municipality; and

(c) any part of Manitoba that is not in a municipality.

Policing options for rural and small urban municipalities

14(2)       A municipality referred to in clause (1)(a) or (b) may arrange for policing services to be provided in the municipality by

(a) establishing its own police service;

(b) entering into an agreement with one or more municipalities to jointly operate a regional police service that will provide policing services in those municipalities; or

(c) entering into an agreement with another municipality to have that other municipality's police service provide policing services in the municipality.

Notice of intention to establish police service

15(1)       A municipality that intends to establish its own police service or jointly establish a regional police service must advise the minister of its intention before establishing the service.

Approval to stop operating police service

15(2)       A municipality that operates its own police service or jointly operates a regional police service must not discontinue the operation of the service unless the minister has approved the discontinuance.

Copies of agreements

16          A municipality that enters into an agreement

(a) under clause 13(1)(b) to have the Royal Canadian Mounted Police provide policing services in the municipality;

(b) to operate a regional police service; or

(c) to have the police service of another municipality provide policing services in the municipality;

must provide the director with a copy of the agreement.

Cost of municipal police service

17(1)       A municipality that establishes its own police service must pay all costs of the service.

Costs of regional police service

17(2)       A municipality that jointly operates a regional police service is responsible for the costs of the service in accordance with the terms of the agreement establishing the regional police service.

Costs when policing provided by agreement

17(3)       A municipality that enters into an agreement

(a) under clause 13(1)(b) or 13(2)(b) to have the Royal Canadian Mounted Police provide policing services in the municipality; or

(b) to have the police service of another municipality provide policing services in the municipality;

is responsible for the costs of those policing services in accordance with the terms of the agreement.

Agreement for RCMP to provide policing

18(1)       The Government of Manitoba may enter into one or more agreements with the Government of Canada to have the Royal Canadian Mounted Police act as a provincial police service and provide

(a) policing services in all or any portions of Manitoba that may be designated by the minister; and

(b) additional services set out in the agreements.

Status, duties and powers of RCMP members

18(2)       When providing policing services under an agreement entered into under subsection (1), members of the Royal Canadian Mounted Police

(a) have all the powers, duties, privileges and protections of a peace officer and constable at common law or under any enactment or applicable by-law;

(b) have, with respect to the areas where policing services are being provided, the duties set out in clauses 25(a) to (g) (duties of municipal police officers), subject to any necessary changes; and

(c) have authority to act throughout Manitoba in order to carry out their duties.

RCMP accountable to minister

18(3)       The commanding officer of the Royal Canadian Mounted Police in Manitoba is accountable to the minister for policing services provided by the Royal Canadian Mounted Police under an agreement entered into under subsection (1).

Emergency policing

19(1)       If the minister determines that an emergency situation exists in an area of Manitoba, he or she may, by written notice, direct the Royal Canadian Mounted Police to provide policing in the area for a specified period.

Provision of policing in emergencies

19(2)       On receiving notice from the minister, the Royal Canadian Mounted Police must provide the requested policing services for the period directed by the minister.

Ministerial assignment of investigation

20          Despite any other provision in this Act, if the minister considers it to be in the interests of the administration of justice, he or she may assign the conduct of an investigation into an alleged offence that would normally be conducted by a police service or the independent investigation unit to members of the Royal Canadian Mounted Police or members of another police service in Manitoba or another Canadian province.

PART 4

MUNICIPAL POLICE SERVICES

DIVISION 1

POLICE CHIEF AND OFFICERS

POLICE CHIEF

Appointing police chief

21          A municipality's police board must appoint a person with prescribed qualifications to serve as the chief of the municipal police service.

Responsibilities of police chief

22(1)       The chief of a municipal police service is responsible for the following:

(a) the enforcement of law, the prevention of crime and the preservation of the public peace in the municipality;

(b) the management, administration and operation of the police service;

(c) the maintenance of discipline in the police service;

(d) ensuring that the police service meets all requirements imposed by this Act and that its police officers carry out their duties in accordance with this Act;

(e) implementing policies established by the police board respecting the police service.

Police chief accountable to police board

22(2)       The police chief is accountable to the police board for

(a) carrying out the responsibilities set out in subsection (1); and

(b) managing, administering and operating the police service in accordance with the priorities, objectives and policies established by the police board under subsection 28(1).

POLICE OFFICERS

Appointing police officers

23(1)       The police board may appoint eligible persons to serve as police officers in the police service, or it may delegate that power to the police chief.

Qualifications

23(2)       To be eligible for appointment as a police officer, a person must have the prescribed qualifications.

Status of police officers

24(1)       A police officer has all the powers, duties, privileges and protections of a peace officer and constable at common law or under any enactment.

Jurisdiction of police officers

24(2)       A police officer has authority to act throughout Manitoba in order to carry out his or her duties, subject to any restrictions or conditions established by regulation or set out in his or her appointment.

Duties of police officers

25          The duties of a police officer include

(a) preserving the public peace;

(b) preventing crime and offences against the laws in force in the municipality;

(c) assisting victims of crime;

(d) apprehending criminals and others who may lawfully be taken into custody;

(e) executing warrants that are to be executed by peace officers, and performing related duties;

(f) laying charges and participating in prosecutions;

(g) enforcing municipal by-laws; and

(h) performing other duties assigned by the police chief.

DIVISION 2

POLICE BOARDS

Police board required

26(1)       Every municipality that operates a police service must establish and maintain a police board in accordance with this Division.

Police board responsible for police service

26(2)       A municipal police service must operate under the general direction and supervision of the municipality's police board in accordance with this Part.

Purpose of police board

27          The purpose of a police board is to provide

(a) civilian governance respecting the enforcement of law, the maintenance of the public peace and the prevention of crime in the municipality; and

(b) the administrative direction and organization required to provide an adequate and effective police service in the municipality.

General duties of police board

28(1)       The police board must

(a) after consulting with the police chief, establish priorities and objectives for the police service;

(b) establish policies for the effective management of the police service;

(c) direct the police chief and monitor his or her performance; and

(d) perform any other prescribed duties.

Specific duties of police board

28(2)       Without limiting the generality of subsection (1), the police board must

(a) ensure that the police chief establishes programs and strategies to implement the priorities and objectives established by the board for the police service;

(b) ensure that community needs and values are reflected in the policing priorities, objectives, programs and strategies;

(c) ensure that police services are delivered in a manner consistent with community needs, values and expectations; and

(d) act as a liaison between the community and the police service.

Restriction on police board activities

28(3)       The police board may give orders and directions to the police chief, but not to other police officers. No individual member of the board may give an order or direction to any police officer.

No role on specific matters

28(4)       The police board must not give orders or directions on specific operational decisions, individual investigations or the day-to-day operation of the police service.

No role in personnel matters

28(5)       With the exception of the police chief, the police board has no role with respect to the discipline or personal conduct of any police officer.

No right to sensitive information

28(6)       The police board is not entitled to any information about individual investigations or intelligence files.

Information from board to develop budget

29(1)       To assist the council in developing the municipal budget, the police board must provide the council with

(a) an estimate of the costs required to operate the police service in the next fiscal year; and

(b) any additional information that the council considers necessary to enable it to assess the financial requirements of the police service.

Council has final responsibility for budget

29(2)       The council is responsible for establishing the total budget of the police service.

Police board to allocate funds

29(3)       The police board is responsible for allocating the funds that are provided to the police service under the municipal budget.

Size of police board

30(1)       The council of a municipality must establish the size of its police board by by-law. The police board must

(a) consist of at least three members, in the case of a municipality with a population of 5,000 or less;

(b) consist of at least five members, in the case of a municipality with a population over 5,000; or

(c) consist of at least seven members, in the case of the City of Winnipeg.

Appointing members to police board

30(2)       Subject to subsection (3), one member of a police board is to be appointed by the Lieutenant Governor in Council, and the other members are to be appointed by the council.

Police board for City of Winnipeg

30(3)       In the case of the City of Winnipeg, two members of the police board are to be appointed by the Lieutenant Governor in Council, and the other members are to be appointed by the council.

Number of council members and employees

30(4)       No more than half the members of the police board may be council members or employees of the municipality.

Term of council member

31(1)       The term of a council member on the police board ends when the person is no longer a member of the council.

Term of member appointed by council

31(2)       The term of a person appointed to the police board by council who is not a council member must be fixed in his or her appointment, but must not extend past the term of office of the council that made the appointment.

Term of member appointed by L.G. in C.

31(3)       The term of a person appointed to the police board by the Lieutenant Governor in Council must be fixed in the order appointing the person, but must not exceed four years.

Extension and reappointment

31(4)       A person appointed to the police board who is not a council member

(a) may continue to serve on the board after the expiry of his or her term until the appointment of his or her successor; and

(b) is eligible for reappointment, as long as the reappointment does not result in more than eight consecutive years of service on the board.

Election of chair and vice-chair

32(1)       The members of the police board must elect a chair and a vice-chair from among themselves at the first meeting of each year.

Authority of vice-chair

32(2)       The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair.

Procedure

33          Subject to the requirements of this Act, a police board may determine its own practice and procedures.

Meetings

34(1)       The police board must hold a meeting at least once every three months.

Public meetings

34(2)       Subject to subsection (3), meetings of the police board must be open to the public and the board must give public notice of its meetings in the prescribed manner.

Exception

34(3)       The police board may exclude the public from all or part of a meeting in order to consider matters involving public security or sensitive financial or personal information.

Policy and procedures manual

35(1)       The police board must operate in accordance with the policy and procedures manual developed by the commission for police boards.

Code of ethical conduct

35(2)       Every member of the police board must comply with the code of ethical conduct developed by the commission for police board members.

Training

36          Every member of the police board must undergo training arranged by the commission.

Remuneration

37          The council may provide for reasonable remuneration to members of the police board who are not members of the council.

Delegation

38          The police board may delegate to two or more of its members any duty imposed or power conferred on it by this Act.

DIVISION 3

MISCELLANEOUS PROVISIONS

RE MUNICIPAL POLICE SERVICES

Employer

39(1)       A municipality that operates a police service is deemed to be the employer of the police chief and other police officers in the service.

Pay and other benefits set by council

39(2)       A council is responsible for setting the pay and other benefits of the police chief and other police officers in the service.

Municipality liable for torts of officers

40(1)        A municipality that operates a police service is jointly and severally liable for a tort committed by a police officer in the performance of his or her duties.

Municipality to indemnify officer

40(2)       A municipality that operates a police service must pay the following:

(a) any damages or costs awarded in an action or proceeding against one of its police officers as the result of a tort committed by the officer in the performance of his or her duties;

(b) any costs incurred and not recovered by the officer in the action or proceeding;

(c) any sum required to settle the action or proceeding against the officer.

Municipality may defend officer

40(3)       A municipality that may be liable under this section has the right to defend — in the name and on behalf of the police officer — an action or proceeding that may be brought against the officer.

Duty to cooperate

40(4)       A police officer whose conduct is the subject of an action or proceeding must cooperate with the municipality in the settlement or defence of the action or proceeding.

DIVISION 4

REGIONAL POLICE SERVICES

Agreement re regional police service

41(1)       The councils of two or more municipalities may enter into an agreement to jointly establish and operate a regional police service to provide policing services in those municipalities.

Agreement requirements

41(2)       An agreement to establish and operate a regional police service must

(a) set out the manner in which the costs of operating the police service are to be divided between the municipalities that operate the service;

(b) in the case of an amalgamation of existing municipal police services, set out the process by which the police services are to be amalgamated; and

(c) address any other matter that the minister considers necessary.

Police board required

42(1)       The municipalities that operate a regional police service must establish and maintain a police board for the police service.

Role of police board

42(2)        A regional police service must operate under the general direction and supervision of the police board in accordance with this Part.

Makeup of regional police board

42(3)       The police board for a regional police service is to consist of

(a) two members appointed by the council of every municipality that operates the police service, unless an agreement has been reached under subsection (4) to alter the number of board members from each municipality; and

(b) one member appointed by the Lieutenant Governor in Council.

Agreement on number of board members

42(4)       The councils of the municipalities that operate a regional police service may enter into an agreement to alter the number of police board members appointed by the council of each municipality. However, each municipality must appoint at least one member of the police board.

Application

43(1)       The provisions of Divisions 1, 2 and 3 of this Part apply, with necessary changes, to a regional police service and its police chief, police officers and police board.

Employer

43(2)       Unless the agreement under section 41 provides otherwise, the municipalities that operate a regional police service are deemed to jointly employ the police officers in the service.

Actions against regional police officers

44          Section 40 (municipality liable for torts of officers) applies, with necessary changes, to an action or proceeding involving a police officer in a regional police service.  Each municipality that operates a regional police service is

(a) jointly and severally liable for the torts of a police officer in the regional police service that are committed in the performance of the officer's duties; and

(b) jointly and severally liable for the payments set out in subsection 40(2).

PART 5

FIRST NATION POLICE SERVICES

First Nation police service

45(1)       The Government of Manitoba, the Government of Canada and one or more First Nations, or an entity representing a group of First Nations, may enter into an agreement to establish a police service to provide policing services to a First Nation community or group of First Nation communities.

Police board

45(2)       An agreement referred to in subsection (1) must provide for the establishment of a police board for the First Nation police service.

Jurisdiction of First Nation police service

46          A First Nation police service may act as the police service only in the areas specified in the agreement referred to in subsection 45(1), or any additional areas specified in amendments to that agreement made by the parties set out in that subsection.

Application

47          All of the provisions of this Act apply, with necessary changes, to a First Nation police service and its police chief, police officers and police board. If there is a conflict between this Act and the agreement establishing a First Nation police service, the provision in the agreement prevails.

PART 6

POLICING STANDARDS

Regulations re policing standards

48(1)       To ensure that police services provide adequate and effective policing, the minister may make regulations respecting the operation of police services, including the conduct of police officers.

Specific regulations

48(2)       Without limiting the generality of subsection (1), the minister may make regulations

(a) prescribing the minimum number of police officers in a police service, based on the population of the area policed, the size of the area policed, or a combination of those factors;

(b) prescribing training for new police officers, and ongoing training requirements for current police officers or any category of police officers;

(c) establishing standards for the following facilities, items and equipment used by a police service:

(i) offices,

(ii) detention facilities,

(iii) motor vehicles,

(iv) computers and communications equipment,

(v) firearms, and

(vi) other prescribed items and equipment;

(d) governing the use of firearms and other prescribed equipment by police officers;

(e) prohibiting or governing the use of physical force by police officers, including prescribing training in the use of physical force in emergency response situations, pursuits and forcible entries, and as a means of restraining an individual;

(f) respecting joint operations conducted by two or more police services or by one or more police services and the Royal Canadian Mounted Police;

(g) requiring the sharing of certain information between police services and between police services and the Royal Canadian Mounted Police;

(h) establishing standards of dress for police officers on duty, and prescribing requirements for police uniforms;

(i) prescribing the records, returns, books and accounts to be made and kept by police officers and police services;

(j) prescribing the method of accounting for fees, costs, money and other property received by police officers and police services.

Directives, guidelines and standard operating procedures

49(1)       The director may

(a) issue a directive, guideline or standard operating procedure to one or more police services on a specific matter relating to law enforcement and policing; or

(b) by written notice, require a police service to develop and issue a directive, guideline or standard operating procedure on a specific matter relating to law enforcement and policing.

Chief to ensure compliance

49(2)       The chief of a police service must ensure that police officers comply with a directive, guideline or procedure issued under subsection (1).

Model code of conduct

50          The director, in consultation with the commission, may prepare a model code of conduct for police officers for adoption by police services.

Providing information to director

51          On request from the director, the chief of a police service must provide the director with the following:

(a) forms used and records maintained by the police service;

(b) information about the police service, its police officers and its operations;

(c) statistical information about crime or policing in the area where the police service has jurisdiction.

Inspections

52(1)       The director may conduct inspections of police services.

Chief to ensure co-operation

52(2)       The chief of a police service must ensure that all police officers co-operate with the director during an inspection.

Notice of policing failures

53(1)        If the minister determines that a police service has failed to provide adequate and effective policing services or that the operation of the police service has failed to meet the requirements of this Act, the minister may notify the police board responsible for the police service and the chief of the police service of that determination.

Form of notice

53(2)       The notice under subsection (1) must be in writing and must

(a) identify the failures;

(b) specify how the failures are to be corrected or the steps that are to be taken to prevent future failures; and

(c) specify the deadline for taking the action required under clause (b).

Notice to other parties

53(3)       The notice under subsection (1) must also be sent

(a) in the case of a municipal police service, to the council of the municipality;

(b) in the case of a regional police service, to the council of each municipality that receives policing services from the police service; and

(c) in the case of a First Nation police service, to the council for each First Nation that receives policing services from the police service.

Intervention by minister

53(4)       If the minister determines that the required corrections or preventative steps have not been made or taken by the deadline specified in the notice, the minister may do one or more of the following:

(a) suspend, in whole or in part, the operation of the police service;

(b) arrange for the Royal Canadian Mounted Police or another police service to provide policing services in the area in question;

(c) appoint an administrator to perform specified functions respecting the police service for a specified period;

(d) remove the police chief from office, and appoint a replacement;

(e) remove one or more members of the police board from office and appoint interim members to the board;

(f) take any other steps that the minister considers necessary to provide adequate and effective policing services in the area in question.

Immediate intervention by minister

54          The minister may take one or more of the actions set out in subsection 53(4) without giving notice under section 53 if the minister determines that

(a) the police service has failed to provide adequate and effective policing services; and

(b) it is in the public interest for the minister to immediately take those actions.

Liability for costs

55          The minister must certify the costs of actions taken under subsection 53(4) or section 54.  Unless the minister directs otherwise, the costs

(a) in the case of a municipal police service, must be paid by the municipality;

(b) in the case of a regional police service, are the joint and several responsibility of every municipality that operates the regional police service; or

(c) in the case of a First Nation police service, must be paid by the operator of the police service specified in the agreement establishing the police service.

PART 7

INVESTIGATIONS INTO POLICE OFFICER CONDUCT

DIVISION 1

INDEPENDENT INVESTIGATION UNIT

Independent investigation unit established

56(1)       The independent investigation unit is hereby established.

Members of independent investigation unit

56(2)       The independent investigation unit consists of the civilian director, who is in charge of the unit, and investigators selected by the civilian director.

Appointing civilian director

57(1)       The Lieutenant Governor in Council must appoint a person as civilian director.

Civilian director must not be police officer

57(2)       A person who is a current or former member of a police service or the Royal Canadian Mounted Police may not be appointed as the civilian director.

Term of office

58(1)       Unless he or she resigns, dies or has his or her appointment terminated, the civilian director shall hold office for five years from the date of his or her appointment.  A person may be re-appointed as civilian director for a second term of five years but may not serve more than two terms.

Termination only for cause

58(2)       The civilian director's appointment must not be terminated, except for cause.

Duties of civilian director

59          The civilian director is responsible for the following:

(a) the management, administration and operation of the independent investigation unit;

(b) overseeing investigations conducted by the independent investigation unit;

(c) performing any other duties imposed by this Act.

Investigators

60          The civilian director may select any of the following persons to serve as an investigator with the independent investigation unit:

(a) a current or former member of the Royal Canadian Mounted Police;

(b) a current or former police officer from a police service in Manitoba or another Canadian province;

(c) a civilian with investigative experience;

if the person has the prescribed qualifications and experience.

Investigators to be released from other duties

61          A police officer who is selected to be an investigator in the independent investigation unit must be released from all other duties in order to join the unit.

Civilian director in charge of investigators

62          An investigator is under the sole command and direction of the civilian director while serving with the independent investigation unit.

Peace officer status

63          Members of the independent investigation unit have all the powers, duties, privileges and protections of a peace officer and constable at common law or under any enactment.

Annual report

64(1)       The civilian director must submit an annual report on the operations of the independent investigation unit to the minister. The report must include the following information:

(a) the number of investigations started in the year;

(b) the number of investigations concluded in the year;

(c) the number of charges laid against police officers in the year, and particulars of the charges;

(d) the number of investigations for which a civilian monitor was appointed.

Tabling report

64(2)       The minister must table the annual report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

DIVISION 2

MANDATORY INVESTIGATIONS BY THE

INDEPENDENT INVESTIGATION UNIT

Notice of incident

65(1)       When a police officer is at the scene of an incident where it appears that

(a) the death of a person may have resulted from the actions of a police officer;

(b) a serious injury to a person may have resulted from the actions of a police officer; or

(c) a police officer may have contravened a prescribed provision of the Criminal Code (Canada) or a prescribed provision of another federal or provincial enactment;

the independent investigation unit is to be immediately notified in accordance with prescribed procedures.

Notice even if officer not on duty

65(2)       Notice must be given under subsection (1) even if the police officer involved in the incident was not on duty at the time of the incident.

Duties of officers at scene of incident

65(3)       Until members of the independent investigation unit arrive at the scene of the incident, the police officers at the scene must take any steps that the officers would normally take in such an incident, unless directed otherwise by a member of the independent investigation unit.

Unit to assume conduct of investigation

65(4)       Upon arriving at the scene of the incident, a member or members of the independent investigation unit must assume conduct of the investigation of the incident.

Notice of investigation of police officer

66(1)       When a police service is conducting an investigation into the conduct of a police officer and there is evidence that the officer may have

(a) caused the death of a person;

(b) caused a serious injury to a person; or

(c) contravened a prescribed provision of the Criminal Code (Canada) or a prescribed provision of another federal or provincial enactment;

the police chief of the police service must, as soon as practicable, notify the independent investigation unit.

Notice of complaint involving police officer

66(2)       When a police service receives a formal complaint that a police officer

(a) caused the death of a person;

(b) caused a serious injury to a person; or

(c) has engaged in conduct that would constitute a contravention of a prescribed provision of the Criminal Code (Canada) or a prescribed provision of another federal or provincial enactment;

the police chief of the police service must, as soon as practicable, notify the independent investigation unit.

Notice even if officer not on duty

66(3)       Notice must be given under subsection (1) or (2) even if the police officer was not on duty at the time of the conduct in question.

Unit to take over investigation

66(4)       When the independent investigation unit receives notice of an investigation or complaint under this section, one or more of its members must assume conduct of the investigation in accordance with directions from the civilian director.

Advice on charges

67          After the conclusion of an investigation, if the civilian director is considering laying an information against a police officer, he or she must forward the results of the investigation to independent legal counsel for advice on whether an information should be laid.

Conduct of prosecution

68          If an information has been laid against a police officer as the result of an investigation under this Part, it must be prosecuted by an independent prosecutor retained by the department.

CIVILIAN MONITORS

Appointing civilian monitors

69(1)       The commission may appoint persons who are not current police officers to monitor investigations conducted by the independent investigation unit.

Training

69(2)       A civilian monitor must receive training arranged by the commission before monitoring an investigation conducted by the independent investigation unit.

Request for civilian monitor

70(1)       The civilian director must ask the chair of the commission to assign a civilian monitor to monitor an investigation conducted under this Part if a police officer may have caused the death of a person or in any other case where the civilian director considers it to be in the public interest to involve a civilian monitor.

Chair to assign civilian monitor

70(2)       When a request is made under subsection (1), the chair of the commission must assign a civilian monitor to monitor the investigation in question.

Role of civilian monitor

71          A civilian monitor must monitor the progress of the investigation by the independent investigation unit in accordance with prescribed practices and procedures.

Report to commission chair

72          A civilian monitor must report to the chair of the commission on the investigation that he or she has monitored.

DIVISION 3

INVESTIGATIONS BY POLICE SERVICES

INTO POLICE OFFICER CONDUCT

Notice of complaints and investigations

73(1)       A police chief must, as soon as practicable, notify the independent investigation unit

(a) when the police service receives a formal complaint that a police officer has engaged in conduct that constitutes a contravention of the Criminal Code (Canada) or any another federal or provincial enactment, other than the provisions prescribed under clause 65(1)(c); or

(b) when the police service is conducting an investigation into the conduct of a police officer and there is evidence that the officer may have contravened the Criminal Code (Canada) or any another federal or provincial enactment, other than the provisions prescribed under clause 65(1)(c).

Information about complaint or investigation

73(2)       At the request of the civilian director, the police chief must give the civilian director information about the complaint or investigation and the status of the police service's investigation.

Information on results of investigation

73(3)       When an investigation into a matter referred to in subsection (1) has been completed, the police chief must provide the civilian director with the results of the investigation.

Monitoring investigation

74          On request of the civilian director, the police chief of a police service must allow a civilian monitor or a member of the independent investigation unit to monitor the progress of an investigation by the police service into a matter referred to in subsection 73(1).

Investigation by independent investigation unit

75(1)       The independent investigation unit may assume conduct of an investigation into a matter referred to in subsection 73(1) if the civilian director considers it to be in the public interest to have the unit conduct the investigation.

Notice to police chief

75(2)       The civilian director must notify the police chief of the police service if the independent investigation unit is assuming conduct of the investigation.

Transfer of investigation

75(3)        Upon receiving notice from the civilian director, the police chief must turn over conduct of the investigation to the independent investigation unit.

Application

75(4)       Division 2 applies, with necessary changes, to an investigation conducted by the independent investigation unit under this section.

Regulations re internal investigations

76          The minister may make regulations respecting the manner in which police services conduct investigations of possible unlawful conduct involving their police officers, including regulations respecting

(a) the minimum qualifications of police officers conducting such investigations; and

(b) public reporting on the results of such investigations, including the form and content of the reports.

DIVISION 4

INTERPRETATION

Interpretation

77          In this Part,

"police chief" includes the commanding officer of the Royal Canadian Mounted Police in Manitoba; (« chef de police »)

"police officer" includes a member of the Royal Canadian Mounted Police (« agent de police »); and

"police service" includes the Royal Canadian Mounted Police. (« service de police »)

PART 8

SPECIAL CONSTABLES

Appointing special constables

78(1)       The director may appoint an individual or class of individuals as special constables, subject to any terms or conditions that the director considers appropriate.

Qualifications

78(2)       An individual may be appointed as a special constable only if he or she has the prescribed qualifications.

Applications

78(3)       Except in exigent circumstances, an application for the appointment of a special constable must be made in writing to the director on a form approved by the director.

Appointment requirements

78(4)       The appointment of a special constable must be made in writing and must set out

(a) the duties and responsibilities of the special constable;

(b) the territorial jurisdiction of the special constable;

(c) the term of the appointment; and

(d) any terms or conditions imposed on the appointment.

Revoking appointment

79          The director may revoke the appointment of a special constable.

Peace officer status

80          Subject to any limitations imposed on his or her appointment, a special constable has the powers and protections of a peace officer when carrying out the duties and responsibilities set out in his or her appointment.

Responsibility for special constables

81(1)       The employer of a special constable is responsible for ensuring that a special constable carries out the duties and responsibilities set out in his or her appointment in a proper manner.

Liability for special constable

81(2)       The employer of a special constable is liable for the actions of the special constable while he or she is carrying out the duties or responsibilities set out in his or her appointment.

Regulations

82          The minister may make regulations respecting special constables, including regulations respecting

(a) the training of special constables;

(b) the performance of duties and responsibilities by special constables; and

(c) information and documents to be provided to the director by the employer of a special constable.

PART 9

MISCELLANEOUS PROVISIONS

Community safety cadet program

83(1)       The minister or a police service may establish a program to hire members of the community and provide them with training on crime prevention, public safety and other related matters.

Members may assist police officers

83(2)        Members of the community safety cadet program may work with police officers to prevent crime and enhance public safety in the community.

Support to become police recruits

83(3)       The minister or a police service may make arrangements to provide members of the community safety cadet program with additional training and any educational upgrades necessary to enable them to meet the eligibility requirements to become police officers.

Advisory committee

84(1)       When the Royal Canadian Mounted Police provides policing services in a municipality under an agreement entered into under section 18 or clause 13(1)(b), the council for the municipality may establish an advisory committee consisting of at least three but no more than seven persons appointed by the council.

Role of advisory committee

84(2)       The advisory committee is responsible for

(a) working with the officer in charge of the detachment that provides policing services in the municipality

(i) to establish priorities and objectives for policing in the municipality, and

(ii) to ensure that policing services are delivered in a manner consistent with community values, needs and expectations; and

(b) serving as a liaison between the community and the Royal Canadian Mounted Police.

Oaths

85          Before assuming his or her duties, a police officer or special constable must take an oath or affirmation approved by the minister.

Calculating population

86          For the purposes of this Act, the population of a municipality or other area is to be determined using the latest census for which Statistics Canada has issued its final report under the Statistics Act (Canada).

Membership restricted to same police service

87(1)       Police officers may belong to an association only if membership in the association is limited to persons in the same police service.

Senior officers association

87(2)       Despite the definition of "employee" in The Labour Relations Act, if at least 50% of the senior officers in a police service belong to an association composed only of senior officers, the senior officers in that police service may bargain separately with their employer through that association.

Definitions

87(3)       The following definitions apply in this section.

"association" means an association that has as its objectives the improvement of conditions of service and remuneration of its members. (« association »)

"senior officer" means

(a) a police officer with the rank of inspector or higher, but does not include the police chief or a deputy police chief; and

(b) a civilian employed with the police service in a supervisory or confidential capacity. (« cadre supérieur »)

Protection from liability

88          No action or proceeding may be brought against the minister, the director, a member of the commission, a member of a police board, the civilian director, an investigator, a civilian monitor or any other person acting under authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Delegating minister's duties and powers

89          The minister may delegate to the director or any other employee of the department any duty or power conferred or imposed on the minister under this Act, other than the power to make regulations.

Review

90          Within five years after this Act comes into force, the minister must undertake a comprehensive review of it, and must, within one year after the review is undertaken or within such further time as the Legislative Assembly may allow, submit a report on the review to the Assembly.

Regulations

91(1)       The minister may make regulations

(a) respecting police boards, including the qualifications of board members and the dismissal of board members;

(b) establishing restrictions or conditions on the ability of police officers to act throughout Manitoba;

(c) respecting regional police services or First Nation police services;

(d) respecting the inspection of police services;

(e) respecting the operation of the independent investigation unit;

(f) respecting the obligations of police officers and police services when the independent investigation unit is, or will be, conducting an investigation;

(g) respecting appeals of internal discipline by police officers who are not subject to a collective agreement that addresses such appeals, including prescribing the person or body that is to hear an appeal, and appeal procedure;

(h) defining any word or expression used but not defined in this Act;

(i) prescribing any matter required or authorized by this Act to be prescribed by regulation;

(j) respecting any matter necessary or advisable to carry out the purposes of this Act.

Application of regulations

91(2)       A regulation made under this Act may be general or specific in its application and may apply to one or more police services.

PART 10

CONSEQUENTIAL AMENDMENTS,

TRANSITIONAL PROVISIONS,

REPEAL, CITATION

AND COMING INTO FORCE

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. A84 amended

92           Subsection 1(1) of The Animal Care Act is amended in the definition "police officer" by striking out "municipal police force" and substituting "police service established or continued under The Police Services Act".

S.M. 2002, c. 39 amended

93(1)        The City of Winnipeg Charter is amended by this section.

93(2)        Section 166 is repealed.

93(3)        Subsections 176(2) is amended by striking out everything after "same liabilities" and substituting "as a special constable appointed under The Police Services Act.  The appointment must comply with subsections 178(2) and (4) of that Act.".

C.C.S.M. c. C107 amended

94           Subsection 1(1) of The Civil Remedies Against Organized Crime Act is amended by replacing the definition "police chief" with the following:

"police chief" means

(a) the chief of a police service established or continued under The Police Services Act; or

(b) the commanding officer of the Royal Canadian Mounted Police in Manitoba; (« chef de police »)

C.C.S.M. c. C275 amended

95           Subsection 10(3) of The Provincial Court Act is amended by striking out "or The Provincial Police Act".

C.C.S.M. c. C325 amended

96(1)        The Cross-Border Policing Act is amended by this section.

96(2)        Section 1 is amended by replacing the definitions "local commander" and "Manitoba police force" with the following:

"local commander" means

(a) the chief of police of a police service established or continued under The Police Services Act; and

(b) the senior officer of a local RCMP detachment. (« chef local »)

"Manitoba police force" means a police service established or continued under The Police Services Act. (« corps de police du Manitoba »)

96(3)        Section 5 is amended by striking out "municipal police force" and substituting "Manitoba police force".

96(4)        Clause 38(a) is repealed.

C.C.S.M. c. E85 amended

97           Section 1 of The Emergency 911 Public Safety Answering Point Act is amended by replacing clause (a) of the definition "emergency service provider" with the following:

(a) the Royal Canadian Mounted Police or a police service established or continued under The Police Services Act;

C.C.S.M. c. L75 amended

98(1)        The Law Enforcement Review Act is amended by this section.

98(2)        Subsection 1(1) is amended

(a) by replacing the definition "Chief of Police" with the following:

"Chief of Police" means

(a) the person appointed as the chief of a police service, and includes an acting chief of a police service, and

(b) the civilian director of the independent investigation unit appointed under The Police Services Act; (« chef de police »)

(b) by repealing the definition ""member" or "member of a police department""; and

(c) by adding the following definitions:

"member" or "member of a police service" means a person appointed as a police officer in a police service, and includes an investigator with the independent investigation unit established under The Police Services Act; (« membre » ou « membre d'un service de police »)

"police board" means the police board responsible for a police service; (« conseil de police »)

"police service" means a police service established or continued under The Police Services Act, and includes the independent investigation unit established under The Police Services Act; (« service de police »)

98(3)        Subsection 6(1) of the English version is amended by striking out "police department" and substituting "police service".

98(4)        Clauses 6(3)(b) and (c) are amended by striking out "department" and substituting "police service".

98(5)        Subsection 7(1) is amended by striking out "department" wherever it occurs and substituting "police service".

98(6)        Subsection 12(2) is amended

(a) by striking out "the Chief of Police of the department involved in the complaint" and substituting "a Chief of Police";

(b) by striking out "police department involved in the complaint" and substituting "police service"; and

(c) by striking out "members of the police department" and substituting "members of the police service".

98(7)        Subsection 12(7) is amended

(a) in the section heading, by striking out "department" and substituting "police service"; and

(b) by striking out "police department" in the English version and substituting "police service".

98(8)        Subsection 12(9) is amended by striking out "department" and substituting "police service".

98(9)        Section 14 of the English version is amended by striking out "police department" and substituting "police service".

98(10)       Section 22 is amended

(a) by striking out "police department" in the English version and substituting "police service"; and

(b) by striking out "municipal authority which governs the department" and substituting "police board for the police service".

98(11)       Subsection 24(10.1) of the English version is amended in the part before clause (a) by striking out "police department" and substituting "police service".

98(12)       Clause 29(c) is amended by striking out "police department" and substituting "police service".

98(13)       Subsection 32(1) of the English version is amended by striking out "police department" wherever it occurs and substituting "police service".

98(14)       Section 33 is amended

(a) by striking out "police department" in the English version and substituting "police service"; and

(b) by striking out "the municipal authority which governs the department" and substituting "the police board for the police service".

98(15)       Subsection 41(2) is amended

(a) in the section heading, by striking out "police commissions" and substituting "police boards";

(b) by striking out "municipal police department" and substituting "police service"; and

(c) by striking out everything after "investigation or hearing" and substituting "by the police board for the police service respecting that conduct, except in accordance with this Act."

98(16)       Subsection 41(3) is repealed.

98(17)       Clause 44(c) is repealed.

98(18)       Section 45 is amended by striking out "each municipality in the province which has established a police department" and substituting "every police board in the province".

C.C.S.M. c. L160 amended

99(1)        The Liquor Control Act is amended by this section.

99(2)        The definition "constable" in section 1 is replaced with the following:

"constable" means a police officer appointed under The Police Services Act or a member of the Royal Canadian Mounted Police; (« agent de police »)

99(3)        Subsection 136(1) is amended by striking out everything after "devolves upon all" and substituting "inspectors and constables."

99(4)        Subsection 136(2) is amended by striking out ", the Provincial Police".

99(5)        Subsection 136.1(1) is amended

(a) by striking out "an inspector, constable or other officer," and substituting "a constable or other officer"; and

(b) by striking out "board of police commissioners" and substituting "police board".

99(6)        Subsection 136.1(3) is amended by striking out "Provincial Police" and substituting "Royal Canadian Mounted Police".

C.C.S.M. c. M225 amended

100(1)       The Municipal Act is amended by this section.

100(2)       The heading for Division 3 of Part 9 is amended by striking out "AND POLICE SERVICES".

100(3)       The centred heading "FIRE PROTECTION SERVICES" before section 264 is repealed.

100(4)       The centred heading before section 271 and sections 271 and 272 are repealed.

C.C.S.M. c. M230 amended

101          Section 10 of The Municipal Affairs Administration Act is amended in the part after clause (c) by striking out "The Municipal Act" and substituting "The Police Services Act".

C.C.S.M. c. P97 amended

102          Clause 11(1)(h) of The Powers of Attorney Act is replaced with the following:

(h) a police officer with a police service established or continued under The Police Services Act .

C.C.S.M. c. P215 amended

103          Section 50 of The Manitoba Public Insurance Corporation Act is amended by striking out "The Royal Canadian Mounted Police force or the Chief Constable of the City of Winnipeg, or the Chief Constable of any municipality, whose force has" and substituting "the Royal Canadian Mounted Police or the chief of police of a police service whose members have".

C.C.S.M. c. V55 amended

104          The Victims' Bill of Rights is amended by adding the following after section 3:

Independent investigation unit

3.1         For greater certainty, the independent investigation unit established under The Police Services Act is to be considered a law enforcement agency when it is investigating a matter.

S.M. 2008, c. 7 amended

105          Section 1 of The Witness Security Act, S.M. 2008, c. 7, is amended by replacing the definition "law enforcement agency" with the following:

"law enforcement agency" means the Royal Canadian Mounted Police or a police service established or continued under The Police Services Act (« organisme chargé de l'application de la loi »).

TRANSITIONAL PROVISIONS

Continuation of municipal police services

106(1)       The following municipal police services are continued under this Act:

(a) the Winnipeg Police Service established under The City of Winnipeg Charter;

(b) a police service that was established by a municipality under The Municipal Act and was operating immediately before the coming into force of this Act.

Establishing police board

106(2)       A municipality that operated a police service immediately before the coming into force of this section must establish a police board within six months after this section comes into force.

Interim operation

106(3)       Until its police board is established, the municipality may continue to operate its police service in accordance with the procedures it had in place immediately before the coming into force of this section.

Continuation of Dakota Ojibway Police Service

107(1)       The Dakota Ojibway Police Service, established under an agreement between the Government of Manitoba, the Government of Canada and the Dakota Ojibway Tribal Council Inc., is continued under this Act as a First Nation Police Service.

Police board

107(2)       The Dakota Ojibway Tribal Council Police Commission established under the agreement referred to in subsection (1) is continued and, for the purposes of this Act, is deemed to be the police board for the Dakota Ojibway Police Service.

Continuation of appointment of police chief

108(1)       The appointment of a police chief that was in force immediately before the coming into force of this section is continued. The appointment is deemed to be an appointment made under this Act and may be dealt with as if it were made under this Act.

Employment contracts unchanged

108(2)       The terms of any employment contract for a police chief entered into before the coming into force of this section continue to apply.

Appointments continue

108(3)       The appointment of a police officer or special constable that was in force immediately before the coming into force of this section is continued. The appointment is deemed to be an appointment made under this Act and may be dealt with as if it were made under this Act.

Continuation of policing agreements

109(1)       An agreement that was made under the former Act or The Municipal Act respecting the provision of policing services by the Royal Canadian Mounted Police and that was in effect immediately before the coming into force of this section is continued.

Definition

109(2)       In subsection (1), "former Act" means The Provincial Police Act, R.S.M. 1987, c. P150, as it read immediately before the coming into force of this section.

REPEAL, CITATION

AND COMING INTO FORCE

Repeal

110         The Provincial Police Act, R.S.M. 1987, c. P150, is repealed.

C.C.S.M. reference

111         This Act may be referred to as chapter P94.5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

112         This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill replaces The Provincial Police Act and governs policing in Manitoba. Significant features of the Bill include the following.

Manitoba Police Commission

The Manitoba Police Commission is established. It will conduct studies and provide advice to the minister on law enforcement and policing issues. The commission will also make recommendations to the minister on regulations dealing with the operation of police services and the conduct of police officers.

Police Boards

Every municipal police service in Manitoba must operate under the general direction of a police board.  The members of the police board will be appointed by the municipal council and Cabinet.  A majority of the board must be persons who are not members of the council or municipal employees.

Independent Investigation Unit

An independent investigation unit is established, to be headed by a civilian director. The unit must conduct an investigation if a police officer has been involved in an incident where a person has died or suffered a serious injury, or if there is evidence that a police officer has engaged in specified unlawful conduct.

First Nation Police Services

The Bill provides legislative recognition of police services that will provide policing in designated First Nation communities.

Policing Standards

The Bill enables regulations to be made to ensure that police services provide effective policing.