S.M. 2015, c. 3

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S.M. 2015, c. 3

Bill 5, 4^th Session, 40^th Legislature

The Police Services Amendment Act (First Nation Safety Officers)

(Assented to June 30, 2015)

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

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

The Police Services Act is amended by this Act.

The following is added before Part 8:

PART 7.2

FIRST NATION SAFETY OFFICERS

Agreement to operate safety officer program

77.12(1)

A First Nation or entity representing a group of First Nations that seeks to operate a First Nation safety officer program under this Part must enter into an agreement respecting the operation of the program with the minister and the local policing authority.

Required terms of agreement

77.12(2)

The agreement must address the following issues:

(a) management of the program;

(b) financing of the program;

(d) the relationship between the local policing authority and First Nation safety officers;

(e) the area where First Nation safety officers are authorized to perform their duties and exercise their powers;

(f) the process for dealing with complaints respecting the conduct of First Nation safety officers;

(g) termination of the agreement.

Requirement for agreement with Government of Canada

77.13

The minister must not enter into an agreement under section 77.12 unless there is an agreement in place between the Government of Manitoba and the Government of Canada respecting the operation of First Nation safety officer programs in Manitoba.

Role of First Nation safety officers

77.14

First Nation safety officers are to work in collaboration with the local policing authority to enhance public safety in a First Nation community or group of First Nation communities by

(a) implementing crime prevention strategies and initiatives;

(b) connecting persons in need with social service providers;

(d) providing information to the local policing authority on ongoing or emerging public safety issues.

Appointing First Nation safety officers

77.15(1)

The operator of a First Nation safety officer program may appoint First Nation safety officers in accordance with this section.

Qualifications

77.15(2)

To be eligible for appointment as a First Nation safety officer, a person must have the prescribed qualifications.

Required training

77.15(3)

A person must receive prescribed training on crime prevention, public safety, victim and social services and other related matters before being appointed as a First Nation safety officer.

Power to enforce provincial enactments

77.16(1)

The minister may, by regulation, authorize First Nation safety officers to enforce prescribed provincial enactments and to perform the duties or exercise the powers under prescribed provincial enactments, subject to any restrictions specified in that regulation.

Peace officer status

77.16(2)

A First Nation safety officer has the powers and protections of a peace officer while exercising the additional powers referred to in subsection (1).

Assistance to local policing authority

77.17

If authorized by the agreement under section 77.12, First Nation safety officers may provide general assistance to the local policing authority, when requested to do so by a member of the local policing authority, as long as the assistance does not involve any criminal law enforcement activities.

Enforcement of First Nation by-laws

77.18

If authorized by a First Nation, First Nation safety officers may enforce the by-laws of that First Nation.

Employer

77.19(1)

First Nation safety officers must be employees of the operator of a First Nation safety officer program.

Responsibility for officers

77.19(2)

The operator of a First Nation safety officer program is responsible for ensuring that its officers perform their duties and exercise their powers in a proper manner.

Liability

77.19(3)

The operator of a First Nation safety officer program is liable for the acts and omissions of its officers in the performance or exercise, or intended performance or exercise, of their duties and powers.

Information to director

77.20

The operator of a First Nation safety officer program must provide the director with requested information and documents respecting the operation of the program and its officers.

Regulations

77.21

The minister may make regulations respecting First Nation safety officer programs, including regulations respecting

(a) the ongoing training of First Nation safety officers;

(b) uniforms and equipment for First Nation safety officers;

Definitions

77.22

The following definitions apply in this Part.

"First Nation community" means a reserve as defined in the Indian Act (Canada). (« collectivité des Premières nations »)

"First Nation safety officer" means a First Nation safety officer appointed under section 77.15. (« agent de sécurité des Premières nations »)

"local policing authority" means

(a) the Royal Canadian Mounted Police, when it provides policing services in a First Nation community; or

(b) a First Nation police service, when it provides policing services in a First Nation community. (« corps policier local »)

"operator of a First Nation safety officer program" means the First Nation or entity representing a group of First Nations that has entered into an agreement under section 77.12 to operate a First Nation safety officer program. (« prestataire d'un programme d'agents de sécurité des Premières nations »)

Coming into force

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