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C.C.S.M. c. P94.5
The Police Services Act
Table of Contents
| PART 1 | ||
| INTERPRETATION | ||
| 1 | Definitions | |
| (2) | Reference to "Act" includes regulations | |
| PART 2 | ||
| ADMINISTRATION | ||
| 2 | Minister's role | |
| 3 | Director of policing | |
| 4 | Director's responsibilities | |
| (2) | Specific duties of director | |
| 5 | Delegation | |
| 6 | Commission established | |
| 7 | Duties of commission | |
| 8 | Studies by commission | |
| (2) | Report to minister | |
| 9 | Membership | |
| (2) | Makeup of commission | |
| (3) | Appointment considerations | |
| 10 | Term of office | |
| (2) | Appointment continues | |
| 11 | Chair and vice-chair | |
| (2) | Authority of vice-chair | |
| 12 | Staff | |
| PART 3 | ||
| RESPONSIBILITY FOR PROVIDING POLICING IN MANITOBA |
||
| 13 | Policing in large urban municipalities | |
| (2) | Policing in mid-sized urban municipalities | |
| 14 | Policing in other areas of Manitoba | |
| (2) | Policing options for rural and small urban municipalities | |
| 14.1 | Policing in amalgamated municipalities | |
| (2) | Decision on single policing provider | |
| (3) | Consequences of failure to meet deadline | |
| 15 | Notice of intention to establish police service | |
| (2) | Approval to stop operating police service | |
| 16 | Copies of agreements | |
| 17 | Cost of municipal police service | |
| (2) | Costs of regional police service | |
| (3) | Costs when policing provided by agreement | |
| 18 | Agreement for RCMP to provide policing | |
| (2) | Status, duties and powers of RCMP members | |
| (3) | RCMP accountable to minister | |
| 19 | Emergency policing | |
| (2) | Provision of policing in emergencies | |
| 20 | Ministerial assignment of investigation | |
| PART 4 | ||
| MUNICIPAL POLICE SERVICES | ||
| POLICE CHIEF | ||
| 21 | Appointing police chief | |
| 22 | Responsibilities of police chief | |
| (2) | Police chief accountable to police board | |
| POLICE OFFICERS | ||
| 23 | Appointing police officers | |
| (2) | Qualifications | |
| 24 | Status of police officers | |
| (2) | Jurisdiction of police officers | |
| 25 | Duties of police officers | |
| 26 | Police board required | |
| (2) | Police board responsible for police service | |
| 27 | Purpose of police board | |
| 28 | 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 | Information from board to develop budget | |
| (2) | Council has final responsibility for budget | |
| (3) | Police board to allocate funds | |
| 30 | 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 | 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 | Council to designate chair and vice-chair | |
| (2) | Authority of vice-chair | |
| 33 | Procedure | |
| 34 | Meetings | |
| (2) | Public meetings | |
| (3) | Exception | |
| 35 | Policy and procedures manual | |
| (2) | Code of ethical conduct | |
| 36 | Training | |
| 37 | Remuneration | |
| 38 | Delegation | |
| 39 | Employer | |
| (2) | Pay and other benefits set by council | |
| 40 | Municipality liable for torts of officers | |
| (2) | Municipality to indemnify officer | |
| (3) | Municipality may defend officer | |
| (4) | Duty to cooperate | |
| 41 | Agreement re regional police service | |
| (2) | Agreement requirements | |
| 42 | Police board required | |
| (2) | Role of police board | |
| (3) | Makeup of regional police board | |
| (4) | Agreement on number of board members | |
| 43 | Application | |
| (2) | Employer | |
| 44 | Actions against regional police officers | |
| PART 5 | ||
| FIRST NATION POLICE SERVICES | ||
| 45 | First Nation police service | |
| (2) | Police board | |
| 46 | Jurisdiction of First Nation police service | |
| 47 | Application | |
| PART 6 | ||
| POLICING STANDARDS | ||
| 48 | Regulations re policing standards | |
| (2) | Specific regulations | |
| 49 | Directives, guidelines and standard operating procedures | |
| (2) | Chief to ensure compliance | |
| 50 | Model code of conduct | |
| 51 | Providing information to director | |
| 52 | Inspections | |
| (2) | Chief to ensure co-operation | |
| 53 | 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 |
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| 56 | Independent investigation unit established | |
| (2) | Members of independent investigation unit | |
| 57 | Appointing civilian director | |
| (2) | Civilian director must not be police officer | |
| 58 | 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 | Annual report | |
| (2) | Tabling report | |
| 65 | 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 | 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 and 68 | [Not yet proclaimed] | |
| CIVILIAN MONITORS | ||
| 69 | Appointing civilian monitors | |
| (2) | Training | |
| 70 | Request for civilian monitor | |
| (2) | Chair to assign civilian monitor | |
| 71 | Role of civilian monitor | |
| 72 | Report to commission chair | |
| 73 | Notice of complaints and investigations | |
| (2) | Information about complaint or investigation | |
| (3) | Information on results of investigation | |
| 74 | Monitoring investigation | |
| 75 | Investigation by independent investigation unit | |
| (2) | Notice to police chief | |
| (3) | Transfer of investigation | |
| (4) | Application | |
| 76 | Regulations re internal investigations | |
| 77 | Interpretation | |
| PART 7.1 | ||
| COMMUNITY SAFETY OFFICERS | ||
| 77.1 | Community safety officer program | |
| 77.2 | Role of community safety officers | |
| 77.3 | Agreement | |
| (2) | Required terms of agreement | |
| 77.4 | Appointing community safety officers | |
| (2) | Qualifications | |
| (3) | Required training | |
| (4) | Appointment considerations | |
| 77.5 | Additional powers | |
| (2) | Peace officer status | |
| 77.6 | Assistance to local policing authority | |
| 77.7 | Employer | |
| (2) | Municipality responsible | |
| (3) | Liability | |
| 77.8 | Information to director | |
| 77.9 | No effect on local policing authority | |
| 77.10 | Regulations | |
| 77.11 | Definitions | |
| PART 7.2 | ||
| FIRST NATION SAFETY OFFICERS | ||
| 77.12 | Agreement to operate safety officer program | |
| (2) | Required terms of agreement | |
| 77.13 | Requirement for agreement with Government of Canada | |
| 77.14 | Role of First Nation safety officers | |
| 77.15 | Appointing First Nation safety officers | |
| (2) | Qualifications | |
| (3) | Required training | |
| 77.16 | Power to enforce provincial enactments | |
| (2) | Peace officer status | |
| 77.17 | Assistance to local policing authority | |
| 77.18 | Enforcement of First Nation by-laws | |
| 77.19 | Employer | |
| (2) | Responsibility for officers | |
| (3) | Liability | |
| 77.20 | Information to director | |
| 77.21 | Regulations | |
| 77.22 | Definitions | |
| PART 7.3 | ||
| INSTITUTIONAL SAFETY OFFICERS | ||
| 77.23 | Institutional safety officer program | |
| 77.24 | Duties of institutional safety officers | |
| 77.25 | Agreement | |
| (2) | Required terms of agreement | |
| 77.26 | Protocols with local policing authority | |
| 77.27 | Appointing institutional safety officers | |
| (2) | Qualifications | |
| (3) | Required training | |
| 77.28 | Peace officer status | |
| 77.29 | Institution responsible | |
| (2) | Liability | |
| 77.30 | Information to director | |
| 77.31 | Institutional safety officers at government facilities | |
| (2) | Application | |
| 77.32 | Regulations | |
| (2) | Scope of regulations | |
| 77.33 | Definitions | |
| PART 8 | ||
| SPECIAL CONSTABLES | ||
| 78 | Appointing special constables | |
| (2) | Qualifications | |
| (3) | Applications | |
| (4) | Appointment requirements | |
| 79 | Revoking appointment | |
| 80 | [Not yet proclaimed] | |
| 81 | Responsibility for special constables | |
| (2) | Liability for special constable | |
| 82 | Regulations | |
| PART 9 | ||
| MISCELLANEOUS PROVISIONS | ||
| 83 | [Repealed] | |
| 84 | Advisory committee | |
| (2) | Role of advisory committee | |
| 85 | Oaths | |
| 86 | Calculating population | |
| 87 | Senior officers association | |
| (2) | Definitions | |
| 88 | Protection from liability | |
| 89 | Delegating minister's duties and powers | |
| 90 | Review | |
| 91 | Regulations | |
| (2) | Application of regulations | |
| PART 10 | ||
| CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS, REPEAL, CITATION AND COMING INTO FORCE |
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| 92 to 105 | [amendments to other Acts] | |
| TRANSITIONAL PROVISIONS | ||
| 106 | Continuation of municipal police services | |
| (2) | Establishing police board | |
| (3) | Interim operation | |
| 107 | Continuation of Dakota Ojibway Police Service | |
| (2) | Police board | |
| 108 | Continuation of appointment of police chief | |
| (2) | Employment contracts unchanged | |
| (3) | Appointments continue | |
| 109 | Continuation of policing agreements | |
| (2) | Definition | |
| REPEAL, CITATION AND COMING INTO FORCE |
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| 110 | Repeal | |
| 111 | C.C.S.M. reference | |
| 112 | Coming into force | |