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The Legislative Security Act

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2017, c. 17

Bill 18, 2 nd Session, 41st Legislature

The Legislative Security Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act deals with security in the legislative precinct, which is the area that covers the Legislative Building and the grounds around the Legislative Building.

The Speaker of the Assembly has ultimate responsibility for security for the Legislative Assembly. The Speaker and the Minister of Justice are to enter into an arrangement respecting the provision of security in the legislative precinct. This arrangement must establish a process for selecting a director of legislative security. The director of legislative security is responsible for providing direction to legislative security officers who will provide security services in the legislative precinct.

Security officers may screen people entering the Legislative Building for weapons. A person who is not authorized to possess a weapon in the Legislative Building may be denied entry and have their weapon seized. Security officers may evict a person from the legislative precinct if the person engages in conduct that threatens safety in the legislative precinct or interferes with the operation of the Assembly.

Amendments are made to The Drivers and Vehicles Act to authorize the Registrar of Motor Vehicles to disclose certain vehicle licensing records to a legislative security officer.

A consequential amendment is made to The Legislative Assembly Management Commission Act.

(Assented to June 2, 2017)

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

DEFINITIONS

Definitions

1           The following definitions apply in this Act.

"director" means the person designated as director of legislative security under section 4. (« directeur »)

"legislative precinct" means the area bounded by Broadway, Kennedy Street, Osborne Street and Assiniboine Avenue in the City of Winnipeg. (« Cité législative »)

"security officer" means a person designated as a legislative security officer under section 5. (« agent de sécurité »)

"Speaker" means the Speaker of the Legislative Assembly. (« président »)

"weapon" means

(a) a firearm as defined in the Criminal Code (Canada);

(b) a bomb or explosive device, or any component or ingredient of a bomb or explosive device; or

(c) anything that could be used to cause death or bodily harm to a person or to threaten or intimidate a person. (« arme »)

ADMINISTRATION

Speaker responsible for security for Assembly

2           As custodian of the powers, privileges, rights and immunities of the Legislative Assembly, the Speaker is responsible for security for the Legislative Assembly.

Arrangement re security in legislative precinct

3(1)        The Speaker and the Minister of Justice must enter into an arrangement respecting the provision of security within the legislative precinct.

Process for selecting director

3(2)        The arrangement must establish a process for selecting a person to be designated as director of legislative security.

Director of legislative security

4           A person is to be designated as director of legislative security in accordance with the process established under subsection 3(2).

Legislative security officers

5(1)        The director may designate a person or a class of persons as legislative security officers.

Role

5(2)        Security officers are responsible for providing security services within the legislative precinct in accordance with directions provided by the director.

Peace officer status

5(3)        A security officer has the powers and protections of a peace officer while carrying out his or her duties and functions under this Act.

SECURITY MEASURES

Weapons prohibited

6(1)         A person must not possess a weapon in the Legislative Building, unless authorized to do so by a security officer.

Security measures on entry to Legislative Building

6(2)        A security officer may require a person entering the Legislative Building to verify his or her identity and be screened for weapons.

Security officer may refuse entry or evict

6(3)        A security officer may refuse a person entry to the Legislative Building or evict a person from the Legislative Building if the person

(a) refuses to verify his or her identity;

(b) refuses to be screened for weapons; or

(c) is in possession of a weapon without authorization from a security officer.

Seizure of weapon

6(4)        A security officer may seize a weapon from a person in the Legislative Building if the person has not been authorized to possess the weapon by a security officer.

Evicting persons creating security risk

7(1)        A security officer may evict a person from the legislative precinct if the person is engaging in conduct that threatens safety in the legislative precinct or interferes with the operation of the Legislative Assembly.

Evicting persons who may pose security risk

7(2)        A security officer may refuse a person entry to the legislative precinct or evict a person from the legislative precinct if the officer has reasonable grounds to believe that the person may threaten safety in the legislative precinct or interfere with the operation of the Legislative Assembly.

Evicting persons failing to comply with reasonable safety request

7(3)        A security officer may evict a person from the legislative precinct if the person fails to comply with a reasonable request from a security officer that is intended to ensure safety in the legislative precinct or the normal operation of the Legislative Assembly.

Security officer may use reasonable force

8           A security officer may use reasonable force in refusing a person entry to the Legislative Building or the legislative precinct, or in evicting a person from the Legislative Building or the legislative precinct.

GENERAL PROVISIONS

Information-sharing agreements

9           The director may enter into an agreement with a police service or a department, agency or service of the Government of Manitoba or the Government of Canada that authorizes the sharing of information on matters respecting security in the legislative precinct.

Arrangements with police services

10          The director may enter into an arrangement with a police service to have members of the service provide security services in the legislative precinct in specified circumstances.

Powers and privileges protected

11          Nothing in this Act derogates from the powers, privileges and immunities of the Legislative Assembly and of members and committees of the Legislative Assembly.

CONSEQUENTIAL AND RELATED AMENDMENTS

C.C.S.M. c. D104 amended

12(1)       The Drivers and Vehicles Act is amended by this section.

12(2)       The following is added after subsection 135(1.1):

Providing information to legislative security officers

135(1.2)    The registrar must provide copies of or access to any records required by a legislative security officer under The Legislative Security Act for the purpose of determining ownership of any vehicle in the legislative precinct.

12(3)       Subsections 135(2) and (3) are amended by striking out "subsection (1) or (1.1)" and substituting "subsection (1), (1.1) or (1.2)".

C.C.S.M. c. L114 amended

13          Clause 6(e) of The Legislative Assembly Management Commission Act is repealed.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

14          This Act may be referred to as chapter L122 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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