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 |
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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 |