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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 |