5th Session, 42nd Legislature
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Bill 34
THE POLICE SERVICES AMENDMENT ACT
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Police Services Act is amended by this Act.
2 Subsection 1(1) is amended by adding the following definitions:
"general policing services" means services designated as general policing services in the policing standards. (« service de maintien de l'ordre général »)
"specialized investigation" means an investigation into a specific type of incident or behaviour set out in the policing standards. (« enquête spécialisée »)
"specialized policing service" means a service designated as a specialized policing service in the policing standards. (« service de maintien de l'ordre spécialisé »)
3 The following is added after section 47 and before Part 6:
PART 5.1
PROVISION OF POLICING SERVICES
47.1(1) A police service must provide general policing services in the area where the police service has jurisdiction.
47.1(2) General policing services include the following:
(a) response to public calls for service 24 hours a day;
(b) response and initial investigation into all possible illegal activities;
(c) community policing;
(d) general and directed patrols;
(e) traffic management, traffic law enforcement and road safety services;
(f) maintenance of public order.
47.2 A police service must not provide a specialized policing service unless the police service has
(a) the minimum number of officers who have the required training set out in the policing standards;
(b) the required equipment and facilities set out in the policing standards; and
(c) established and implemented policies set out in the policing standards.
Conducting specialized investigations
47.3(1) Except as permitted by subsections (2) and 47.5(2), a police service must not conduct a specialized investigation unless the police service has
(a) the minimum number of officers who have the required training set out in the policing standards;
(b) the required equipment and facilities set out in the policing standards; and
(c) established and implemented policies set out in the policing standards.
Initial response and investigation permitted
47.3(2) Subsection (1) does not prevent a police service from providing a response and initial investigation into an incident or behaviour that requires a specialized investigation under the policing standards. Officers may attend at the scene of the suspected incident or behaviour, make inquiries, collect evidence and detain or arrest any person suspected of illegal activity until officers from another police service assume conduct of the investigation under subsection 47.5(3).
RCMP to provide specialized policing services
47.4(1) Subject to subsection (2), if a police service does not meet the requirements set out in the policing standards to provide a specialized policing service or conduct a specialized investigation, the Royal Canadian Mounted Police must provide that policing service or conduct that type of investigation in the area where the police service has jurisdiction.
Agreement with other police service
47.4(2) If a police service does not meet the requirements set out in the policing standards to provide a specialized policing service or conduct a specialized investigation, that service may, with the approval of the director, enter into an agreement to have another police service provide that policing service or conduct that type of investigation in the area where the police service has jurisdiction.
When local officers can assist
47.4(3) Officers from a police service that does not meet the requirements to provide a specialized policing service or conduct a specialized investigation may assist in providing that service or conducting that investigation if they are acting under the direction of the Royal Canadian Mounted Police or a police service retained under an agreement under subsection (2).
Notice to other police service
47.5(1) A police service that does not meet the requirements set out in the policing standards to conduct a specialized investigation must notify the Royal Canadian Mounted Police or another police service retained under subsection 47.4(2) in accordance with prescribed procedures when officers from the police service have
(a) attended at the scene of a suspected incident or behaviour or have contact with the person who reported the incident or behaviour; and
(b) determined that
(i) there are reasonable grounds to believe that the incident or behaviour took place, and
(ii) an investigation into the incident or behaviour qualifies as a specialized investigation under the policing standards.
Duty of local police service after notification
47.5(2) Until officers from the Royal Canadian Mounted Police or a police service retained under subsection 47.4(2) assume conduct of a specialized investigation, officers from the local police service may continue to take any steps in the investigation that they determine are appropriate in the circumstances.
Other police service to assume conduct of investigation
47.5(3) Upon being notified under subsection (1), officers from the Royal Canadian Mounted Police or a police service retained under subsection 47.4(2) must assume conduct of the specialized investigation.
4 Sections 48 to 48.2 are replaced with the following:
48(1) To ensure that police services provide adequate and effective policing, the director must establish policing standards respecting police service operations.
Classification of policing services
48(2) The policing standards must establish
(a) general policing services to be provided by every police service; and
(b) specialized policing services and specialized investigations and set out the requirements that must be met for a police service to provide a specialized policing service or conduct a specialized investigation.
Standards re facilities and equipment
48(3) The director may establish standards respecting facilities and equipment used by police services, including standards respecting
(a) detention facilities;
(b) police vehicles;
(c) emergency call centres;
(d) communications and dispatch equipment;
(e) computers and records management systems; and
(f) firearms and less-lethal weapons.
Standards re specific policing matters
48(4) Without limiting the generality of subsection (1), the director may establish standards respecting
(a) criminal investigations;
(b) motor vehicle pursuits;
(c) arrests;
(d) use of force;
(e) missing person investigations; and
(f) criminal disclosure.
Standards re criminal intelligence
48(5) The criminal intelligence director may establish standards respecting the collection, storage and use of criminal intelligence by police services and the sharing of criminal intelligence.
48(6) Before establishing a policing standard, the director and the criminal intelligence director must consult with the commission on the proposed standard.
48(7) A policing standard may establish classes of police services and may impose different standards on different classes.
Standards provided to police services
48(8) The director must provide every police service with all policing standards and ensure that every police service receives notice of any change to a policing standard.
Monitoring policing standard compliance
48.1(1) The commission is responsible for monitoring compliance with policing standards and ensuring that police services provide specialized policing services and conduct specialized investigations only when permitted under sections 47.2 and 47.3.
Retaining persons to assist monitoring
48.1(2) The commission may retain the services of department employees or other persons with policing expertise to assist it in carrying out monitoring activities under subsection (1).
Providing information to commission
48.2 On request, the chief of a police service must provide the commission with information and documents respecting the police service, its officers, its facilities and equipment and policing services and investigations conducted by the police service.
5 Sections 48.4 and 48.5 are replaced with the following:
Notice of failure to meet policing standard
48.4(1) If the commission determines that a police service has failed to meet a policing standard, the commission must report the failure to the director and provide the director with specific details of the failure.
Reviewing standard failure with chief
48.4(2) The director must review a report of a police service's failure to meet a policing standard with the chief of the police service to
(a) assess the reported failure; and
(b) determine what measures must be taken to meet the policing standard.
Report re unauthorized policing activities
48.5(1) If the commission determines that a police service has provided a specialized policing service or conducted a specialized investigation when not authorized to do so under section 47.2 or 47.3, the commission must provide the director with a report that provides specific details of the policing service or investigation in question.
48.5(2) The director must review a report under subsection (1) with the chief of the police service and implement any measures that the director considers necessary to prevent the recurrence of such conduct.
6 Subsection 53(1) of the English version is amended by striking out "meet the requirements" and substituting "comply with the requirements".
7 Clause 54(a) is amended by adding "or the failure of the police service to comply with the requirements of this Act poses a significant risk to the public" after "adequate and effective policing services".
8(1) Section 77.2 is amended
(a) by renumbering it as subsection 77.2(1); and
(b) by striking out "and" at the end of clause (b) and replacing clause (c) with the following:
(c) conducting community patrols and maintaining a visible presence within the community;
(d) facilitating the response of members of the local policing authority to situations that require police involvement; and
(e) providing information to the local policing authority on ongoing or emerging public safety issues.
8(2) The following is added as subsections 77.2(2) to (4):
Initial response to safety threat
77.2(2) A community safety officer may provide an initial response to situations that pose a safety threat that they encounter while performing their other duties until members of the local policing authority are able to respond.
Detaining persons posing safety threat
77.2(3) A community safety officer may detain a person posing a safety threat whom they encounter in a situation described in subsection (2) until
(a) they are satisfied that the person no longer poses a threat to the safety of themselves or others; or
(b) a member of the local policing authority arrives to deal with the person or advises that the person should no longer be detained.
77.2(4) The exercise of any powers under this section is subject to prescribed conditions or restrictions.
9(1) Subsection 77.3(1) is replaced with the following:
Agreement re community safety officer program
77.3(1) A municipality that seeks to operate a community safety program must, after consulting with the local policing authority, enter into an agreement with the minister respecting the operation of the program.
9(2) Clause 77.3(2)(d) is repealed.
10 Subsection 77.4(3) is repealed.
11 The following is added after section 77.4:
77.4.1 A community safety officer must receive training on crime prevention, public safety, conflict de-escalation, detention procedures and other prescribed matters.
12 Subsection 77.5(2) is repealed.
13 Section 77.6 is replaced with the following:
Assistance to local policing authority
77.6(1) If authorized by the local policing authority, a community safety officer may provide administrative and logistical support to the local policing authority in criminal and non-criminal matters, such as
(a) crime and accident scene management;
(b) witness identification;
(c) transporting detained persons;
(d) executing arrest warrants;
(e) serving subpoenas; and
(f) receiving reports from the public respecting criminal incidents or matters under The Highway Traffic Act.
77.6(2) Except as permitted by subsections (1) and 77.2(3), a community safety officer must not participate in any criminal investigation or detain any person in relation to any alleged criminal activity.
14 The following is added after section 77.6:
77.6.1 A community safety officer has the powers and protections of a peace officer while exercising powers and performing duties under this Part.
15 Subsection 77.7(2) is amended by adding "have the required training and" after "community safety officers".
16 The following is added after section 77.9:
Regional community safety officer program
77.9.1(1) Two or more municipalities may jointly operate a regional community safety officer program in accordance with this section.
77.9.1(2) The municipalities that seek to operate a regional community safety officer program must, after consulting with their local policing authority, enter into an agreement with the minister respecting the operation of the program.
77.9.1(3) The agreement must address
(a) the issues set out in subsection 77.3(2); and
(b) any other matters that the minister considers necessary.
77.9.1(4) Unless the agreement under subsection (2) provides otherwise, the municipalities that operate a regional community safety officer program are deemed to jointly employ the community safety officers in the program.
77.9.1(5) Sections 77.2 and 77.4 to 77.11 apply, with necessary changes, to a regional community safety officer program and community safety officers in the program.
17(1) Subsection 77.12(1) is amended by striking out everything after "under this Part must" and substituting ", after consulting with the local policing authority, enter into an agreement with the minister respecting the operation of the program.".
17(2) Clause 77.12(2)(d) is repealed.
18(1) Section 77.14 is amended
(a) by renumbering it as subsection 77.14(1); and
(b) by replacing clause (c) with the following:
(c) conducting community patrols and maintaining a visible presence within a First Nation community or group of First Nation communities;
(c.1) facilitating the response of members of the local policing authority to situations that require police involvement; and
18(2) The following is added as subsections 77.14(2) to (4):
Initial response to safety threats
77.14(2) A First Nation safety officer may provide an initial response to situations that pose a safety threat that they encounter while performing their other duties until members of the local policing authority are able to respond.
Detaining persons posing safety threat
77.14(3) A First Nation safety officer may detain a person posing a safety threat whom they encounter in a situation described in subsection (2) until
(a) they are satisfied that the person no longer poses a threat to the safety of themselves or others; or
(b) a member of the local policing authority arrives to deal with the person or advises that the person should no longer be detained.
77.14(4) The exercise of any powers under this section is subject to prescribed conditions or restrictions.
19 Subsection 77.15(3) is repealed.
20 The following is added after section 77.15:
77.15.1 A First Nation safety officer must receive training on crime prevention, public safety, conflict de-escalation, detention procedures and other prescribed matters.
21(1) Subsection 77.16(1) is amended
(a) by replacing the section heading with "Additional powers"; and
(b) by striking out "provincial" wherever it occurs.
21(2) Subsection 77.16(2) is repealed.
22 Section 77.17 is replaced with the following:
Assistance to local policing authority
77.17(1) If authorized by the local policing authority, a First Nation safety officer may provide administrative and logistical support to the local policing authority in criminal and non-criminal matters, such as
(a) crime and accident scene management;
(b) witness identification;
(c) transporting detained persons;
(d) executing arrest warrants;
(e) serving subpoenas; and
(f) receiving reports from the public respecting criminal incidents or matters under The Highway Traffic Act.
77.17(2) Except as permitted by subsections (1) and 77.14(3), a First Nation safety officer must not participate in any criminal investigation or detain any person in relation to any alleged criminal activity.
23 The following is added after section 77.18:
77.18.1 A First Nation safety officer has the powers and protections of a peace officer while exercising powers and performing duties under this Part.
24 Subsection 77.19(2) is amended by adding "have the required training and" after "its officers".
25 This Act comes into force on a day to be fixed by proclamation.