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
Section |
Table of Contents |
| PART 1 | |
| INTERPRETATION | |
| 1(1) | Definitions |
| (2) | Reference to "Act" includes regulations |
| PART 2 | |
| ADMINISTRATION | |
| 2 | Minister's role |
| 3 | Director of policing |
| 4(1) | Director's responsibilities |
| (2) | Specific duties of director |
| 5 | Delegation |
| 6 | Commission established |
| 7 | Duties of commission |
| 8(1) | Studies by commission |
| (2) | Report to minister |
| 9(1) | Membership |
| (2) | Makeup of commission |
| (3) | Appointment considerations |
| 10(1) | Term of office |
| (2) | Appointment continues |
| 11(1) | Chair and vice-chair |
| (2) | Authority of vice-chair |
| 12 | Staff |
| PART 3 | |
| RESPONSIBILITY FOR | |
| PROVIDING POLICING IN MANITOBA | |
| 13(1) | Policing in large urban municipalities |
| (2) | Policing in mid-sized urban municipalities |
| 14(1) | Policing in other areas of Manitoba |
| (2) | Policing options for rural and small urban municipalities |
| 15(1) | Notice of intention to establish police service |
| (2) | Approval to stop operating police service |
| 16 | Copies of agreements |
| 17(1) | Cost of municipal police service |
| (2) | Costs of regional police service |
| (3) | Costs when policing provided by agreement |
| 18(1) | Agreement for RCMP to provide policing |
| (2) | Status, duties and powers of RCMP members |
| (3) | RCMP accountable to minister |
| 19(1) | Emergency policing |
| (2) | Provision of policing in emergencies |
| 20 | Ministerial assignment of investigation |
| PART 4 | |
| MUNICIPAL POLICE SERVICES | |
| DIVISION 1 | |
| POLICE CHIEF AND OFFICERS | |
| POLICE CHIEF | |
| 21 | Appointing police chief |
| 22(1) | Responsibilities of police chief |
| (2) | Police chief accountable to police board |
| POLICE OFFICERS | |
| 23(1) | Appointing police officers |
| (2) | Qualifications |
| 24(1) | Status of police officers |
| (2) | Jurisdiction of police officers |
| 25 | Duties of police officers |
| DIVISION 2 | |
| POLICE BOARDS | |
| 26(1) | Police board required |
| (2) | Police board responsible for police service |
| 27 | Purpose of police board |
| 28(1) | General duties of police board |
| (2) | Specific duties of police board |
| (3) | Restriction on police board activities |
| (4) | No role on specific matters |
| (5) | No role in personnel matters |
| (6) | No right to sensitive information |
| 29(1) | Information from board to develop budget |
| (2) | Council has final responsibility for budget |
| (3) | Police board to allocate funds |
| 30(1) | Size of police board |
| (2) | Appointing members to police board |
| (3) | Police board for City of Winnipeg |
| (4) | Number of council members and employees |
| 31(1) | Term of council member |
| (2) | Term of member appointed by council |
| (3) | Term of member appointed by L.G. in C. |
| (4) | Extension and reappointment |
| 32(1) | Election of chair and vice-chair |
| (2) | Authority of vice-chair |
| 33 | Procedure |
| 34(1) | Meetings |
| (2) | Public meetings |
| (3) | Exception |
| 35(1) | Policy and procedures manual |
| (2) | Code of ethical conduct |
| 36 | Training |
| 37 | Remuneration |
| 38 | Delegation |
| DIVISION 3 | |
| MISCELLANEOUS PROVISIONS | |
| RE MUNICIPAL POLICE SERVICES | |
| 39(1) | Employer |
| (2) | Pay and other benefits set by council |
| 40(1) | Municipality liable for torts of officers |
| (2) | Municipality to indemnify officer |
| (3) | Municipality may defend officer |
| (4) | Duty to cooperate |
| DIVISION 4 | |
| REGIONAL POLICE SERVICES | |
| 41(1) | Agreement re regional police service |
| (2) | Agreement requirements |
| 42(1) | Police board required |
| (2) | Role of police board |
| (3) | Makeup of regional police board |
| (4) | Agreement on number of board members |
| 43(1) | Application |
| (2) | Employer |
| 44 | Actions against regional police officers |
| PART 5 | |
| FIRST NATION POLICE SERVICES | |
| 45(1) | First Nation police service |
| (2) | Police board |
| 46 | Jurisdiction of First Nation police service |
| 47 | Application |
| PART 6 | |
| POLICING STANDARDS | |
| 48(1) | Regulations re policing standards |
| (2) | Specific regulations |
| 49(1) | Directives, guidelines and standard operating procedures |
| (2) | Chief to ensure compliance |
| 50 | Model code of conduct |
| 51 | Providing information to director |
| 52(1) | Inspections |
| (2) | Chief to ensure co-operation |
| 53(1) | Notice of policing failures |
| (2) | Form of notice |
| (3) | Notice to other parties |
| (4) | Intervention by minister |
| 54 | Immediate intervention by minister |
| 55 | Liability for costs |
| PART 7 | |
| INVESTIGATIONS INTO POLICE OFFICER CONDUCT | |
| DIVISION 1 | |
| INDEPENDENT INVESTIGATION UNIT | |
| 56(1) | Independent investigation unit established |
| (2) | Members of independent investigation unit |
| 57(1) | Appointing civilian director |
| (2) | Civilian director must not be police officer |
| 58(1) | Term of office |
| (2) | Termination only for cause |
| 59 | Duties of civilian director |
| 60 | Investigators |
| 61 | Investigators to be released from other duties |
| 62 | Civilian director in charge of investigators |
| 63 | Peace officer status |
| 64(1) | Annual report |
| (2) | Tabling report |
| DIVISION 2 | |
| MANDATORY INVESTIGATIONS BY THE | |
| INDEPENDENT INVESTIGATION UNIT | |
| 65(1) | Notice of incident |
| (2) | Notice even if officer not on duty |
| (3) | Duties of officers at scene of incident |
| (4) | Unit to assume conduct of investigation |
| 66(1) | Notice of investigation of police officer |
| (2) | Notice of complaint involving police officer |
| (3) | Notice even if officer not on duty |
| (4) | Unit to take over investigation |
| 67 | Advice on charges |
| 68 | Conduct of prosecution |
| CIVILIAN MONITORS | |
| 69(1) | Appointing civilian monitors |
| (2) | Training |
| 70(1) | Request for civilian monitor |
| (2) | Chair to assign civilian monitor |
| 71 | Role of civilian monitor |
| 72 | Report to commission chair |
| DIVISION 3 | |
| INVESTIGATIONS BY POLICE SERVICES | |
| INTO POLICE OFFICER CONDUCT | |
| 73(1) | Notice of complaints and investigations |
| (2) | Information about complaint or investigation |
| (3) | Information on results of investigation |
| 74 | Monitoring investigation |
| 75(1) | Investigation by independent investigation unit |
| (2) | Notice to police chief |
| (3) | Transfer of investigation |
| (4) | Application |
| 76 | Regulations re internal investigations |
| DIVISION 4 | |
| INTERPRETATION | |
| 77 | Interpretation |
| PART 8 | |
| SPECIAL CONSTABLES | |
| 78(1) | Appointing special constables |
| (2) | Qualifications |
| (3) | Applications |
| (4) | Appointment requirements |
| 79 | Revoking appointment |
| 80 | Peace officer status |
| 81(1) | Responsibility for special constables |
| (2) | Liability for special constable |
| 82 | Regulations |
| PART 9 | |
| MISCELLANEOUS PROVISIONS | |
| 83(1) | Community safety cadet program |
| (2) | Members may assist police officers |
| (3) | Support to become police recruits |
| 84(1) | Advisory committee |
| (2) | Role of advisory committee |
| 85 | Oaths |
| 86 | Calculating population |
| 87(1) | Membership restricted to same police service |
| (2) | Senior officers association |
| (3) | Definitions |
| 88 | Protection from liability |
| 89 | Delegating minister's duties and powers |
| 90 | Review |
| 91(1) | Regulations |
| (2) | Application of regulations |
| PART 10 | |
| CONSEQUENTIAL AMENDMENTS, | |
| TRANSITIONAL PROVISIONS, | |
| REPEAL, CITATION | |
| AND COMING INTO FORCE | |
| CONSEQUENTIAL AMENDMENTS | |
| 92 | C.C.S.M. c. A84 amended |
| 93(1) | S.M. 2002, c. 39 amended |
| (2) | |
| (3) | |
| 94 | C.C.S.M. c. C107 amended |
| 95 | C.C.S.M. c. C275 amended |
| 96(1) | C.C.S.M. c. C325 amended |
| (2) | |
| (3) | |
| (4) | |
| 97 | C.C.S.M. c. E85 amended |
| 98(1) | C.C.S.M. c. L75 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (6) | |
| (7) | |
| (8) | |
| (9) | |
| (10) | |
| (11) | |
| (12) | |
| (13) | |
| (14) | |
| (15) | |
| (16) | |
| (17) | |
| (18) | |
| 99(1) | C.C.S.M. c. L160 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (6) | |
| 100(1) | C.C.S.M. c. M225 amended |
| (2) | |
| (3) | |
| (4) | |
| 101 | C.C.S.M. c. M230 amended |
| 102 | C.C.S.M. c. P97 amended |
| 103 | C.C.S.M. c. P215 amended |
| 104 | C.C.S.M. c. V55 amended |
| 3.1 | Independent investigation unit |
| 105 | S.M. 2008, c. 7 amended |
| TRANSITIONAL PROVISIONS | |
| 106(1) | Continuation of municipal police services |
| (2) | Establishing police board |
| (3) | Interim operation |
| 107(1) | Continuation of Dakota Ojibway Police Service |
| (2) | Police board |
| 108(1) | Continuation of appointment of police chief |
| (2) | Employment contracts unchanged |
| (3) | Appointments continue |
| 109(1) | Continuation of policing agreements |
| (2) | Definition |
| REPEAL, CITATION | |
| AND COMING INTO FORCE | |
| 110 | Repeal |
| 111 | C.C.S.M. reference |
| 112 | Coming into force |