The Legislative Security Amendment Act

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S.M. 2022, c. 16

Bill 18, 4th Session, 42nd Legislature

The Legislative Security Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Legislative Security Act, which deals with security in the Legislative Building and the surrounding grounds ("the legislative precinct").

The chief legislative security officer, a newly established position, is responsible for leading security operations in the legislative precinct.

Legislative security officers are authorized to provide security services outside the legislative precinct to members of the Legislative Assembly and government officials.

Specified activities in the legislative precinct may be prohibited by regulation. Persons who engage in prohibited activities may be fined and evicted from the legislative precinct.

(Assented to June 1, 2022)

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

C.C.S.M. c. L122 amended

1

The Legislative Security Act is amended by this Act.

2

Section 1 is amended

(a) in the definition "agent de sécurité", by striking out "nommé" and substituting "désigné";

(b) by repealing the definition "director"; and

(c) by adding the following definition:

"chief legislative security officer" means the person appointed as chief legislative security officer under section 4. (« chef de la sécurité de la Cité législative »)

3

The centred heading before section 2 is replaced with "RESPONSIBILITY FOR SECURITY".

4

Section 3 is repealed.

5

Section 4 is replaced with the following:

Chief legislative security officer

4

A chief legislative security officer is to be appointed under Part 3 of The Public Service Act.

6

The following is added after section 4:

Role of chief legislative security officer

4.1(1)

Under the general policy direction of the Speaker and the Minister of Justice, the chief legislative security officer is responsible for leading security operations in the legislative precinct.

Responsibility for security measures and operations

4.1(2)

The chief legislative security officer is responsible for designing security measures for the legislative precinct and implementing security operations in the legislative precinct.

Response to security threats

4.1(3)

The chief legislative security officer is responsible for determining the measures to be taken in response to any threat to security that takes place in the legislative precinct.

7(1)

Subsection 5(1) is amended by striking out "director" and substituting "chief legislative security officer".

7(2)

Subsection 5(2) is amended by striking out everything after "in accordance with directions" and substituting "from the chief legislative security officer and for enforcing regulations made under subsection 11.1(1).".

7(3)

The following is added after subsection 5(2):

Security for MLAs and government officials

5(2.1)

Security officers may provide security services to members of the Legislative Assembly and government officials outside of the legislative precinct when directed by the chief legislative security officer.

8

The following is added after section 5 and before the centred heading that follows it:

Command of security officers

5.1

The chief legislative security officer is responsible for the command and management of all security officers.

9

The following is added after subsection 7(3):

Evicting persons who contravene regulations

7(4)

A security officer may evict a person from the legislative precinct if the person is contravening a regulation made under subsection 11.1(1).

10

Sections 9 and 10 are amended by striking out "director" and substituting "chief legislative security officer".

11

The following is added after section 11:

Prohibited activities

11.1(1)

The Lieutenant Governor in Council may make regulations prohibiting or regulating specified activities in the legislative precinct.

Offence and penalty

11.1(2)

A person who contravenes a regulation made under subsection (1) is guilty of an offence and is liable on conviction to a fine of not more than $5,000.

Regulations

11.2

The Lieutenant Governor in Council may make regulations

(a) prescribing training for security officers;

(b) respecting the use of firearms and other equipment by security officers;

(c) respecting the performance of duties and responsibilities by security officers;

(d) defining any word or phrase used but not defined in this Act;

(e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Coming into force

12

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