The Police Services Amendment and Law Enforcement Review Amendment Act

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S.M. 2022, c. 23

Bill 30, 4th Session, 42nd Legislature

The Police Services Amendment and Law Enforcement Review 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 makes several amendments to The Police Services Act.

The Manitoba Criminal Intelligence Centre ("MCIC") is established. The MCIC is a specialized office staffed with criminal intelligence experts who work with police services and other law-enforcement-related organizations to develop their criminal intelligence collection and analysis capacity. The MCIC also promotes and co-ordinates the sharing of criminal intelligence. The MCIC operates under the direction of the criminal intelligence director, a new position.

The Director of Policing may establish standards respecting police service operations, facilities and equipment. The criminal intelligence director is responsible for creating standards dealing with criminal intelligence. The Manitoba Police Commission monitors police service compliance with policing standards.

A code of conduct for police officers in Manitoba police services may be established by the Director of Policing. The chief of a police service must provide the Director of Policing with a report on each contravention of the code of conduct by a police officer.

The Law Enforcement Review Act is also amended by this Bill to extend the time for filing complaints under that Act from 30 days to 180 days.

Consequential amendments are made to several Acts.

(Assented to June 1, 2022)

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

PART 1

THE POLICE SERVICES ACT

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

1

The Police Services Act is amended by this Part.

2

Subsection 1(1) is amended

(a) in the definition "police board", by adding "established or continued under this Act" after "police service";

(b) by replacing the definitions "police chief", "police officer" and "police service" with the following:

"police chief" means

(a) the person appointed as the chief of a police service established or continued under this Act, and includes an acting chief of a police service; and

(b) the commanding officer of the Royal Canadian Mounted Police in Manitoba. (« chef de police »)

"police officer" means

(a) a person appointed to serve as a police officer in a police service established or continued under this Act, and includes a police chief; and

(b) a member or reserve member of the Royal Canadian Mounted Police. (« agent de police »)

"police service" means

(a) a police service established or continued under this Act; and

(b) the Royal Canadian Mounted Police. (« service de police »)

(c) by adding the following definitions:

"criminal intelligence director" means the person appointed as the criminal intelligence director under section 5.1. (« directeur des renseignements sur les activités criminelles »)

"policing standards" means standards respecting police service operations, facilities and equipment established under section 48. (« normes de maintien de l'ordre »)

3

Subsection 4(2) is amended by replacing clause (a) with the following:

(a) reporting to the minister on the quality and standards of police services in Manitoba;

4

The following is added after section 4:

Providing information to director

4.1

On request from the director, the chief of a police service must provide the director with the following:

(a) information about the police service, its officers and its facilities and equipment;

(b) records maintained by the police service;

(c) statistics and other information about crime or policing in the area where the police service provides policing services;

(d) the police service budget and other financial information respecting the police service.

5

The following is added after section 5:

Criminal intelligence director

5.1

A criminal intelligence director is to be appointed under Part 3 of The Public Service Act.

Duties of criminal intelligence director

5.2

The duties of the criminal intelligence director include

(a) working with police services to develop and implement appropriate policies and procedures respecting the collection, storage, analysis, use and sharing of criminal intelligence;

(b) promoting the sharing of criminal intelligence between police services; and

(c) managing the operation of the Manitoba Criminal Intelligence Centre.

6

Section 7 is amended by replacing clause (a) with the following:

(a) providing advice to the director on policing standards and the code of conduct for police officers;

7

Section 20 is amended by adding "established or continued under this Act" after "by a police service".

8

The heading for Part 6 is amended by adding ", DIRECTIVES AND CODE OF CONDUCT" after "POLICING STANDARDS".

9

Section 48 is replaced with the following:

POLICING STANDARDS

Policing standards

48(1)

To ensure that police services provide adequate and effective policing, the director may establish standards respecting police service operations and facilities and equipment used by a police service.

Specific standards

48(2)

Without limiting the generality of subsection (1), the director may establish standards respecting the following:

(a) criminal investigations;

(b) covert operations;

(c) motor vehicle pursuits;

(d) arrests and use of force;

(e) missing person investigations;

(f) criminal disclosure.

Standards re criminal intelligence

48(3)

The criminal intelligence director may establish standards respecting the collection, storage and use of criminal intelligence by a police service and the sharing of criminal intelligence.

Consultation with commission

48(4)

Before establishing a policing standard, the director and the criminal intelligence director must consult with the commission on the proposed standard.

Variable standards

48(5)

A policing standard may establish classes of police services and may impose different standards on different classes.

Standards provided to police services

48(6)

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.

10

The following is added after section 48:

Monitoring policing standards

48.1(1)

The commission is responsible for monitoring police service compliance with policing standards.

Retaining persons to assist monitoring

48.1(2)

The commission may retain the services of department employees or other persons with specialized policing expertise to assist it in monitoring compliance with policing standards.

Providing information to commission

48.2

On request from the commission, the chief of a police service must provide the commission with information and records about the police service, its officers and its facilities and equipment.

Inspections

48.3(1)

The commission may conduct inspections of police services and the facilities and equipment used by police services.

Chief to ensure co-operation

48.3(2)

The chief of a police service must ensure that all police officers and persons employed by the police service co-operate with the commission during an inspection.

Notice of failure to meet policing standard

48.4

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.

Director to review with chief

48.5

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.

11

Section 49 is replaced with the following:

DIRECTIVES

Directives

49(1)

The director may issue a directive to one or more police services respecting police service operations.

Directive re criminal intelligence

49(2)

The criminal intelligence director may issue a directive to a police service respecting the collection, storage, analysis, use and sharing of criminal intelligence by the police service.

Chief to ensure compliance

49(3)

The chief of a police service must ensure that the police service complies with a directive issued under subsection (1) or (2).

12

Sections 50 to 52 are repealed.

13

The centred heading "POLICING FAILURES" is added before section 53.

14

The following is added after section 55 as part of Part 6:

CODE OF CONDUCT

Code of conduct

55.1(1)

The director may, after consulting with the commission, establish a code of conduct for police officers.

Application of code of conduct

55.1(2)

The code of conduct applies to police officers in all police services established or continued under this Act but it does not apply to members of the Royal Canadian Mounted Police.

Report on contravention

55.2

As soon as practicable after a finding has been made that a police officer contravened the code of conduct, the chief of the police service must provide the director with a report that

(a) provides a description of the conduct that contravened the code; and

(b) the disciplinary measures imposed on the police officer as a result of the contravention.

15

Section 77 and the Division heading before it are repealed.

16

The following is added after section 82:

PART 8.1

MANITOBA CRIMINAL
INTELLIGENCE CENTRE

MCIC established

82.1(1)

The Manitoba Criminal Intelligence Centre is hereby established.

Personnel

82.1(2)

The Manitoba Criminal Intelligence Centre is a specialized office staffed with criminal intelligence experts and personnel from police services and other law-enforcement-related organizations who are involved in the collection, storage, analysis and use of criminal intelligence.

Management of MCIC

82.1(3)

The criminal intelligence director is responsible for overseeing the operation and management of the Manitoba Criminal Intelligence Centre.

Mandate

82.1(4)

The Manitoba Criminal Intelligence Centre is intended to improve the criminal intelligence capacities of police services and other law-enforcement-related organizations in Manitoba by working collaboratively with those organizations to

(a) develop their criminal intelligence collection capacity;

(b) improve the classification, storage and analysis of criminal intelligence in their possession; and

(c) promote and co-ordinate the sharing of criminal intelligence between police services and other law-enforcement-related organizations in Manitoba.

Staff

82.2

Employees required for the Manitoba Criminal Intelligence Centre to carry out its mandate may be appointed under Part 3 of The Public Service Act.

Peace officer status

82.3

The criminal intelligence director and staff at the Manitoba Criminal Intelligence Centre designated by the criminal intelligence director have the powers and protections of a peace officer while carrying out their duties at the Manitoba Criminal Intelligence Centre.

Directive re police service participation at MCIC

82.4(1)

The criminal intelligence director may issue a directive to a police service respecting the police service's participation at the Manitoba Criminal Intelligence Centre.

Compliance with directive

82.4(2)

The chief of a police service must ensure that the police service complies with a directive issued under subsection (1).

Agreements re participation at MCIC

82.5

The criminal intelligence director may enter into an agreement with a law-enforcement-related organization respecting that organization's participation at the Manitoba Criminal Intelligence Centre.

17

Section 88 is amended by adding ", the criminal intelligence director" before "or any other person".

18

Clause 91(1)(d) is repealed.

PART 2

THE LAW ENFORCEMENT REVIEW ACT

C.C.S.M. c. L75 amended

19

The Law Enforcement Review Act is amended by this Part.

20(1)

Subsection 6(3) is amended, in the part after clause (c), by striking out "30 days" and substituting "180 days".

20(2)

Subsection 6(6) is repealed.

PART 3

CONSEQUENTIAL AMENDMENTS AND
COMING INTO FORCE

Consequential amendment, C.C.S.M. c. P143.5

21

Clause (e) of the definition "service provider" in section 1.1 of The Protecting and Supporting Children (Information Sharing) Act is amended by striking out everything after "The Police Services Act".

Consequential amendment, C.C.S.M. c. P160

22

Clause (b) of the definition "enforcement officer" in section 1 of The Provincial Offences Act is repealed.

Consequential amendment, C.C.S.M. c. P215

23

The definition "police service" in section 69.1 of The Manitoba Public Insurance Corporation Act is replaced with the following:

"police service" means a police service established or continued under The Police Services Act. (« service de police »)

Coming into force

24

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