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The Police Services Act

S.M. 2009, c. 32

Bill 16, 3rd Session, 39th Legislature

The Police Services Act

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) Council to designate 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(1) Conduct of prosecution
(2) Independent prosecutor from outside Manitoba
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) Senior officers association
(2) 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