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3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 3

THE WITNESS SECURITY AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. W167 amended

1           The Witness Security Act is amended by this Act.

2           Section 1 is amended by adding the following definition:

"witness security officer" means a person appointed or designated as a witness security officer under section 3.1. (« agent de la sécurité des témoins »)

3           Subsection 3(3) is repealed.

4           The following is added after section 3:

Witness security officers

3.1(1)      The minister may appoint or designate one or more persons or classes of persons employed in the department as witness security officers.

Role of witness security officers

3.1(2)      A witness security officer is responsible for

(a) providing security services to protected persons;

(b) co-ordinating the delivery of other services to protected persons; and

(c) assisting the director in inquiries and investigations respecting

(i) applications for admission into the program,

(ii) risk assessments of protected persons, and

(iii) the conduct of protected persons.

Peace officer status

3.2         The director and witness security officers are peace officers and each has all the powers and protections of a peace officer provided by law while carrying out his or her duties and functions under this Act.

5           Subsection 9(2) is amended

(a) in clause (a), by adding ", as determined by the assessment panel" after "will be provided"; and

(b) in subclause (b)(iv), by striking out "and his or her staff" and substituting "or a witness security officer".

6           Clause 12(1)(b) is amended by striking out "breached a provision of his or her security agreement referred to" and substituting "engaged in conduct described".

7           The following is added after section 12:

Suspending financial support

12.1(1)     The director may suspend the payment of financial support to a protected person if

(a) an application has been made to have the person expelled from the program; and

(b) the director has reasonable grounds to believe that continued payment of the financial support would not be in the public interest.

Payment of suspended financial support

12.1(2)     If the assessment panel decides not to expel a protected person, the director must pay any financial support that was not paid pending the decision of the panel.

8(1)        The following is added after clause 16(1)(a):

(a.1) a witness security officer;

8(2)        Subsection 16(3) is amended in the part before clause (a) by adding "or a witness security officer" after "The director".

9           Section 19 is amended by adding "or a witness security officer" after "the director" wherever it occurs.

10          The following is added after clause 23(1)(a):

(a.1) a witness security officer;

11          Section 25 is amended in the part before clause (a) by adding "a witness security officer," after "the director,".

12          The following is added after clause 26(a):

(a.1) respecting witness security officers;

Coming into force

13          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Witness Security Act. It establishes the position of witness security officer and specifies the duties and powers of a witness security officer. The Bill also allows for financial support to a person in the witness protection program to be suspended if an application has been made to expel the person from the program.