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The Provincial Police Amendment and Consequential Amendments Act

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S.M. 1992, c. 44

The Provincial Police Amendment and Consequential Amendments Act

(Assented to June 24, 1992)

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

C.C.S.M. c. P150 amended

1           The Provincial Police Act is amended by this Act.

2           Section 1 is amended by adding the following definition in alphabetical order:

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. («ministre»)

3           The following is added after section 1:

Administration of Act

1.1(1)      This Act shall be administered by the minister.

Duties and powers of minister

1.1(2)      The minister shall promote the prevention of crime, efficiency of police services and police-community relationships in the province, and for those purposes the minister may

(a) consult with, advise and provide support to police commissions, chiefs of police and employers of special constables on matters relating to police and policing;

(b) provide information and advice to police commissions and chiefs of police on the management and operation of police forces, techniques for handling special problems and other information considered to be of assistance;

(c) monitor police services for the purpose of ensuring that adequate and effective policing is maintained both municipally and provincially;

(d) assist in the co-ordination of policing services;

(e) develop and promote community-based policing and crime prevention programs; and

(f) develop programs to enhance professional police practices, standards and training.

4           Subsection 3(2) is amended

(a)  by striking out "Attorney-General" in the section heading and substituting "minister"; and

(b) by striking out "Attorney-General of Manitoba" and substituting "minister."

5           Subsection 10(1) is amended by striking out "Attorney-General" and substituting "minister".

6           The French version of subsection 13(2) is amended by striking out "lieutenant-gouverneur en conseil" and substituting "ministre des Finances".

7           The French version of subsection 15(2) is amended by striking out "la convention" and substituting "l'accord".

8           The following is added after section 21:

Failure to provide adequate police services

21.1(1)     When in the opinion of the minister a municipality that is responsible for providing police services is not providing adequate and effective police services or is not complying with this Act or the regulations, the minister may notify the council of that fact and direct the council to take the measures the minister considers necessary to correct the situation.

Provision of alternative police services

21.1(2)     If the council does not comply with a direction made under subsection (1), the minister may

(a) suspend in whole or in part the operation of the municipal police force;

(b) request the Manitoba Provincial Police to provide police services;

(c) do any other thing necessary to create an adequate and effective police service within the municipality.

Cost of services

21.1(3)     The minister shall certify the cost of providing police services under this section and, unless the minister directs otherwise, the municipality shall pay that amount to the Minister of Finance.

Enforcement of payment of costs

21.1(4)     The amount under subsection (3) may be deducted from any grant payable to the municipality by the government or may be recovered by a court action as a debt due to Her Majesty.

9           Sections 22 to 24 are repealed.

10(1)       Subsection 25(1) is amended

(a) by striking out "commission" in the section heading and substituting "provincial judge"; and

(b) by striking out "direct the commission" and substituting "direct a provincial judge".

10(2)       Subsection 25(2) is amended

(a) by striking out "the commission" where it appears for the first and second times and substituting "a provincial judge"; and

(b) by striking out "the commission" where it appears for the third time and substituting "the provincial judge".

10(3)       The following is added after subsection 25(2):

Provincial judge not acting as a court

25(3)       A provincial judge acts as persona designata and not as a court when making an inquiry and a report under this section.

11(1)       Subsection 26(1) is amended by adding "section 1.1," before "section 21".

11(2)       Subsections 26(4) to (6) are repealed and the following is substituted:

Investigation of complaint

26(4)       Where a complaint is made to a police commission about the conduct of a member of a police force or any matter relating to the maintenance and operation of the police force, the police commission shall inquire into or investigate the complaint and shall make an order or other determination in respect of the complaint.

Right to appeal

26(5)       Where an order or determination is made by a police commission respecting the conduct of a member of a police force or any matter relating to the maintenance and operation of the police force, any person who is aggrieved by the order or determination or who is a party to any related inquiry or investigation may, within 30 days after the date of the order or determination, appeal the order or determination to a provincial judge.

Commencement of appeal

26(5.1)     An appeal under subsection (5) shall be commenced by filing a notice of appeal with the Deputy Minister of Justice who shall, on receipt of the notice of appeal, direct a provincial judge to hear the matter.

Provincial judge not acting as a court

26(5.2)     A provincial judge acts as persona designata and not as a court when hearing an appeal under this section.

Hearing de novo

26(6)       An appeal shall be a public hearing de novo and the parties may be represented by counsel and may examine or cross examine any witnesses.

11(3)       Subsection 26(8) is amended by striking out "commission" and substituting "provincial judge hearing the appeal".

11(4)       Subsection 26(9) is repealed and the following is substituted:

Powers on appeal

26(9)       After hearing an appeal, the provincial judge may

(a) dismiss the appeal and confirm the order or determination;

(b) substitute any order or determination that in the opinion of the provincial judge should have been made; or

(c) make any findings of fact that in the opinion of the provincial judge should have been made and refer the matter back to the police commission for a determination based on those facts;

and award costs in the matter as the provincial judge considers reasonable.

11(5)       Subsection 26(10) is amended by striking out "commission" and substituting "provincial judge".

11(6)       Subsection 26(11) is amended by striking out "or the Manitoba Police Commission" and substituting "or a provincial judge under this Act".

11(7)       Subsections 26(12) and (13) are repealed.

12          Subsection 29(1) is amended

(a) by repealing clause (a);

(b) by adding "and of special constables" after "members of police forces" in clause (b);

(c) by striking out "by the Manitoba Police Commission" in clause (c); and

(d) by adding the following after clause (d):

(d.1) regulating or prohibiting the use of equipment by a police force or its members;

(d.2) regulating or prohibiting the use of equipment by special constables;

Consequential amendment, C.C.S.M. c. C275

13          Subsection 10(3) of The Provincial Court Act is amended

(a) by striking out "and" before "a judge"; and

(b) by adding "and a judge acting as persona designata under The Law Enforcement Review Act or The Provincial Police Act," before "may receive".

Transitional

14(1)        Any hearing commenced by the Manitoba Police Commission under subsection 26(6) of the former Act shall be concluded under the former Act as if this Act had not come into force.

Definition of "former Act"

14(2)       In subsection (1), "former Act" means The Provincial Police Act as it read immediately before the coming into force of this Act.

Coming into force

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