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The Police Services Act
This is an unofficial archived version.
This version was current from November 15, 2010 to May 31, 2012.

Note: It does not reflect any retroactive amendment enacted after May 31, 2012.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.

Go to the latest version.

C.C.S.M. c. P94.5

The Police Services Act

(Assented to October 8, 2009)

WHEREAS police services play a critical role in protecting the safety and security of Manitobans;

AND WHEREAS co-operation between police services and the communities they serve will result in improved safety and security and better relations between police and citizens;

AND WHEREAS civilian governance and oversight of police services will improve transparency and accountability in the delivery of policing services;

AND WHEREAS it is desirable that policing services be provided in a manner that recognizes the pluralistic and multicultural character of Manitoba society, and in particular, First Nation, Metis and other aboriginal peoples;

AND WHEREAS it is recognized that public safety is enhanced as police services become more representative of the communities they serve;

AND WHEREAS it is important to recognize the rights of victims of crime and their needs in the delivery of policing services;

AND WHEREAS the importance of safeguarding the fundamental rights protected by the Canadian Charter of Rights and Freedoms and The Human Rights Code is recognized by all;

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

PART 1

INTERPRETATION

1           Not yet proclaimed.

PART 2

ADMINISTRATION

2 to 5      Not yet proclaimed.

Commission established

6           The Manitoba Police Commission is hereby established.

Duties of commission

7           The duties of the commission include

(a) providing advice to the minister on regulations dealing with the operation of police services and the conduct of police officers, including regulations prescribing standards for police services and police officers;

(b) consulting with the public on matters relating to law enforcement and policing, and providing the results of those consultations to the minister;

(c) developing a policy and procedures manual for police boards and a code of ethical conduct for members of police boards;

(d) arranging for training to be provided to members of police boards and civilian monitors; and

(e) performing any other duties assigned by the minister.

Studies by commission

8(1)        The minister may direct the commission to conduct a study on a specific issue relating to law enforcement or policing.

Report to minister

8(2)        When the commission conducts a study at the request of the minister, it must provide the minister with a report setting out its findings and any recommendations it may have on the issue.

Membership

9(1)        The commission is to consist of at least five but no more than nine persons appointed by the Lieutenant Governor in Council.

Makeup of commission

9(2)        The commission must include at least one member of a First Nation and one Metis person.

Appointment considerations

9(3)        In appointing persons to the commission, the Lieutenant Governor in Council must take into account the cultural and gender diversity of Manitoba.

Term of office

10(1)       Members of the commission are to be appointed for the term fixed in the order appointing them, which must not exceed four years, and no member may serve more than two successive terms.

Appointment continues

10(2)       A member of the commission whose term expires continues to hold office until he or she is reappointed, a successor is appointed or the appointment is revoked.

Chair and vice-chair

11(1)       The Lieutenant Governor in Council must appoint one of the members of the commission as the chair of the commission and another as the vice-chair.

Authority of vice-chair

11(2)       The vice-chair has the authority of the chair if the chair is absent or unable to act, or if authorized by the chair.

Staff

12          Any employees required to enable the commission to carry out its duties may be appointed in accordance with The Civil Service Act.

PART 3

RESPONSIBILITY FOR PROVIDING POLICING IN MANITOBA

13 to 20    Not yet proclaimed.

PART 4

MUNICIPAL POLICE SERVICES

21 to 44    Not yet proclaimed.

PART 5

FIRST NATION POLICE SERVICES

45 to 47    Not yet proclaimed.

PART 6

POLICING STANDARDS

48 to 55    Not yet proclaimed.

PART 7

INVESTIGATIONS INTO POLICE OFFICER CONDUCT

56 to 77    Not yet proclaimed.

PART 8

SPECIAL CONSTABLES

78 to 82    Not yet proclaimed.

PART 9

MISCELLANEOUS PROVISIONS

83 to 91    Not yet proclaimed.

PART 10

CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS, REPEAL, CITATION AND COMING INTO FORCE

92 to 110   Not yet proclaimed.

C.C.S.M. reference

111         This Act may be referred to as chapter P94.5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

NOTE:  Sections 6 to 12 and 111 of S.M. 2009, c. 32, were proclaimed in force November 15, 2010.