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C.C.S.M. c. C177
The Conservation Officers Act
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(Assented to June 30, 2015)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"chief conservation officer" means the chief conservation officer appointed under section 4. (« agent de conservation principal »)
"conservation enforcement duties" means the duties of conservation officers set out in section 8. (« fonctions en matière de conservation »)
"conservation officer" means a conservation officer appointed under section 7. (« agent de conservation »)
"conservation officers service" means the Manitoba Conservation Officers Service established under section 3. (« Service » ou « Service des agents de conservation »)
"department" means the department of government over which the minister presides. (« ministère »)
"loi provinciale désignée" French version only
"minister" means the minister designated by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"police service" means the Royal Canadian Mounted Police or a police service established or continued under The Police Services Act. (« service de police »)
"prescribed" means prescribed by regulation.
"public safety duties" means the duties of conservation officers set out in subsection 10(1). (« fonctions en matière de sécurité publique »)
In this Act, a reference to "a prescribed provincial Act" includes regulations made under that Act.
The purpose of this Act is to establish a service whose members will
(a) enforce Acts respecting natural resources, fish and wildlife, protected areas, and environmental protection as well as additional prescribed provincial Acts; and
(b) preserve and enhance public safety.
The Manitoba Conservation Officers Service is hereby established.
A chief conservation officer is to be appointed under Part 3 of The Public Service Act.
Subject to the direction of the minister, the chief conservation officer is responsible for the following:
(a) overseeing the operation of the conservation officers service;
(b) establishing the duties and responsibilities of members of the conservation officers service;
(c) overseeing the training of members of the conservation officers service;
(d) ensuring that members of the conservation officers service properly carry out their duties and responsibilities;
(e) performing any other duties imposed by the minister.
The chief conservation officer may delegate any power conferred or duty imposed on the chief conservation officer under this Act to a person employed in the department.
The minister may appoint persons who have prescribed qualifications and who have completed prescribed training as conservation officers.
ENFORCEMENT POWERS OF
The primary responsibility of conservation officers is the enforcement and administration of Acts respecting natural resources, fish and wildlife, protected areas and environmental protection in which conservation officers are specifically granted enforcement powers.
Subject to the regulations, while acting in the course of their conservation enforcement duties conservation officers may
(a) exercise the powers and perform the duties of a prescribed official under a prescribed provincial Act; and
(b) enforce the requirements or prohibitions of a prescribed provincial Act or prescribed provisions of a prescribed provincial Act.
When enforcing a prescribed provincial Act, conservation officers are subject to the same obligations and requirements imposed on the prescribed official under that Act.
A conservation officer who is enforcing a prescribed provincial Act has the same protections and immunities of a prescribed official under that Act.
PUBLIC SAFETY DUTIES
Subject to the regulations and sections 11 and 12, conservation officers are responsible for preserving and maintaining the public peace while acting in the course of their conservation enforcement duties.
Conservation officers have the powers and protections of a peace officer for the purpose of carrying out their public safety duties.
The chief conservation officer may enter into an agreement with a police service respecting the performance of conservation officers' public safety duties in the area where the police service is responsible for providing policing services.
The Director of Policing under The Police Services Act may issue a directive or guideline to the chief conservation officer on a specific matter related to the public safety duties of conservation officers.
The chief conservation officer must ensure that conservation officers
(a) carry out their public safety duties in accordance with the regulations and any agreement entered into under section 11; and
(b) comply with a directive or guideline issued under section 12.
The chief conservation officer must establish a code of conduct for the conservation officers service.
A person may submit a written complaint respecting the conduct of a member of the conservation officers service to the chief conservation officer.
The complaint is to be investigated in accordance with a process established by regulation.
The Lieutenant Governor in Council may make regulations
(a) respecting the operation of the conservation officers service;
(b) prescribing training for new conservation officers and ongoing training requirements for current conservation officers;
(c) respecting the enforcement of prescribed provincial Acts by conservation officers under section 9, including
(i) the circumstances and areas where conservation officers may enforce a prescribed provincial Act,
(ii) the procedures to be followed when conservation officers enforce a prescribed provincial Act, and
(iii) the equipment that conservation officers may use when enforcing a prescribed provincial Act;
(d) respecting the public safety duties of conservation officers, including
(i) the circumstances and areas where conservation officers may carry out their public safety duties, and
(ii) the procedures to be followed when conservation officers carry out public safety duties;
(e) respecting uniforms and equipment used by members of the conservation officers service;
(f) governing the use of firearms and other prescribed equipment by conservation officers;
(g) respecting the use of physical force by members of the conservation officers service, including prescribing training in the use of physical force in emergency response situations;
(h) prescribing the process for dealing with complaints regarding members of the conservation officers service;
(i) defining any word or phrase used but not defined in this Act;
(j) prescribing anything referred to in this Act as being prescribed;
(k) respecting any matter necessary or advisable to carry out the purposes of this Act.
NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.
C.C.S.M. REFERENCE AND
COMING INTO FORCE
This Act may be referred to as chapter C177 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.
NOTE: S.M. 2015, c. 4 came into force by proclamation on October 1, 2015.
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