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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 31

THE POLICE SERVICES AMENDMENT ACT (COMMUNITY SAFETY OFFICERS)


  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. P94.5 amended

1           The Police Services Act is amended by this Act.

2           The following is added after section 77 and before Part 8:

PART 7.1

COMMUNITY SAFETY OFFICERS

Community safety officer program

77.1        A municipality may operate a community safety officer program in accordance with this Part.

Role of community safety officers

77.2        Community safety officers are to work in collaboration with the local policing authority to enhance public safety by

(a) implementing crime prevention strategies and initiatives;

(b) connecting social service providers with persons in need; and

(c) maintaining a visible presence within the community.

Agreement

77.3(1)     To establish a community safety officer program in a municipality, an agreement respecting the operation of the program must be reached between the municipality, the local policing authority and the minister.

Required terms of agreement

77.3(2)     An agreement respecting the operation of a community safety officer program must address the following issues:

(a) management of the program;

(b) financing of the program;

(c) the direction and supervision of community safety officers;

(d) the relationship between the local policing authority and community safety officers;

(e) the process for dealing with complaints respecting the conduct of community safety officers;

(f) termination of the agreement.

Appointing community safety officers

77.4(1)     A municipality may appoint community safety officers in accordance with this section.

Qualifications

77.4(2)     To be eligible for appointment as a community safety officer, a person must have the prescribed qualifications.

Required training

77.4(3)     A person must receive prescribed training on crime prevention, public safety and other related matters before being appointed as a community safety officer.

Appointment considerations

77.4(4)     When appointing community safety officers, a municipality must take into account the diversity of the municipality.

Additional powers

77.5(1)     The minister may, by regulation, authorize community safety officers to enforce prescribed enactments and perform the duties or exercise the powers under prescribed enactments, subject to any restrictions specified in that regulation.

Peace officer status

77.5(2)     A community safety officer has the powers and protections of a peace officer while exercising the additional powers referred to in subsection (1).

Assistance to local policing authority

77.6        If authorized by the agreement under section 77.3, community safety officers may provide general assistance to the local policing authority in relation to non-criminal matters, when requested to do so by a member of the authority.

Employer

77.7(1)     Community safety officers must be municipal employees.

Municipality responsible

77.7(2)     A municipality is responsible for ensuring that its community safety officers perform their duties and exercise their powers in a proper manner.

Liability

77.7(3)     A municipality is liable for the acts and omissions of its community safety officers in the performance or exercise, or intended performance or exercise, of their duties and powers.

Information to director

77.8        A municipality operating a community safety officer program must provide the director with requested information and documents respecting the operation of the program and its community safety officers.

No effect on local policing authority

77.9        The establishment of a community safety officer program does not affect the powers, duties and responsibilities of the local policing authority in the municipality.

Regulations

77.10       The minister may make regulations respecting community safety officer programs, including regulations respecting

(a) the ongoing training of community safety officers;

(b) uniforms and equipment for community safety officers;

(c) the performance of duties and responsibilities by community safety officers.

Definitions

77.11       The following definitions apply in this Part.

"community safety officer" means a person appointed as a community safety officer under section 77.4. (« agent de sécurité communautaire »)

"local policing authority" means

(a) a municipal police service; or

(b) the Royal Canadian Mounted Police, when it provides policing services in a municipality. (« corps policier local »)

3           Section 83 is repealed.

Coming into force

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

Explanatory Note

This Bill amends The Police Services Act. It enables municipalities to establish community safety officer programs.

Community safety officers will deliver crime prevention programs, connect persons in need with appropriate social services and maintain a public presence in the community. If authorized to do so, community safety officers may assist local police officers in non-criminal matters, exercise prescribed powers and enforce specific enactments.