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4th Session, 41st 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 17

THE POLICE SERVICES AMENDMENT ACT (INSTITUTIONAL 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 77.22 and before the centred heading for Part 8:

PART 7.3

INSTITUTIONAL SAFETY OFFICERS

Institutional safety officer program

77.23       An institution may operate an institutional safety officer program in accordance with this Part.

Duties of institutional safety officers

77.24       Institutional safety officers are responsible for the following:

(a) working in cooperation with the local policing authority to maintain safety and security at facilities owned or operated by the institution;

(b) providing an initial response to situations that pose a threat to the safety or security of persons in or around the institution's facilities;

(c) facilitating the response of members of the local policing authority to situations in and around the institution's facilities that require police involvement;

(d) if authorized by regulation, enforcing specified enactments and exercising the powers and performing the duties under specified enactments at the institution's facilities, subject to any prescribed restrictions.

Agreement

77.25(1)    To establish an institutional safety officer program, an agreement respecting the operation of the program must be reached between the institution and the minister.

Required terms of agreement

77.25(2)    An agreement respecting the operation of an institutional safety officer program must address the following:

(a) management of the program;

(b) the process for dealing with complaints respecting the conduct of institutional safety officers;

(c) termination of the agreement.

Protocols with local policing authority

77.26       An institution may establish protocols with the local policing authority respecting communications between institutional safety officers and the local policing authority and the co-ordination of responses to situations at the institution's facilities that require police involvement.

Appointing institutional safety officers

77.27(1)    An institution may appoint institutional safety officers in accordance with this section.

Qualifications

77.27(2)    To be eligible for appointment as an institutional safety officer, a person must have the prescribed qualifications.

Required training

77.27(3)    A person must receive prescribed training before being appointed as an institutional safety officer.

Peace officer status

77.28       An institutional safety officer has the powers and protections of a peace officer while exercising powers and performing duties under section 77.24.

Institution responsible

77.29(1)    An institution is responsible for ensuring that its institutional safety officers exercise their powers and perform their duties in a proper manner.

Liability

77.29(2)    An institution is liable for the acts and omissions of its institutional safety officers in the exercise or performance, or intended exercise or performance, of their powers and duties.

Information to director

77.30       An institution operating an institutional safety officer program must provide the director with requested information and documents respecting the operation of the program and its institutional safety officers.

Institutional safety officers at government facilities

77.31(1)    The government may operate an institutional safety officer program at government facilities.

Application

77.31(2)    With the exception of section 77.25, the provisions of this Part apply with necessary changes to an institutional safety officer program operated by the government and to institutional safety officers working at government facilities.

Regulations

77.32(1)    The minister may make regulations respecting institutional safety officer programs, including regulations respecting

(a) the ongoing training of institutional safety officers;

(b) uniforms and equipment for institutional safety officers;

(c) the powers, duties and responsibilities of institutional safety officers, including authorizing institutional safety officers to enforce specified enactments and exercise the powers and perform the duties under specified enactments.

Scope of regulations

77.32(2)    A regulation under subsection (1) may be general or specific in its application and may apply to one or more institutions operating an institutional safety officer program.

Definitions

77.33       The following definitions apply in this Part.

"institution" means

(a) an entity that owns or operates a hospital as defined in The Health Services Insurance Act;

(b) the following post-secondary institutions:

(i) the University of Manitoba,

(ii) the University of Winnipeg,

(iii) Brandon University,

(iv) Université de Saint-Boniface,

(v) University College of the North,

(vi) Red River College,

(vii) Assiniboine Community College,

(viii) Manitoba Institute of Trades and Technology; and

(c) a prescribed entity. (« établissement »)

"institutional safety officer" means a person appointed as an institutional safety officer under section 77.27. (« agent de sécurité en établissement »)

"local policing authority" means

(a) the municipal police service that provides policing services in the community where an institution's facilities are located; or

(b) the Royal Canadian Mounted Police, if it provides policing services in the community where an institution's facilities are located. (« corps policier local »)

Coming into force

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

Explanatory Note

This Bill amends The Police Services Act. It enables specified institutions to establish institutional safety officer programs.

Institutional safety officers are responsible for maintaining safety and security at an institution's facilities. If authorized by regulation, institutional safety officers may enforce specified Acts and exercise powers under certain Acts at the institution's facilities.