|This is an unofficial archived version of The Provincial Police Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. P150
The Provincial Police Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"commissioner" means the Commissioner of The Manitoba Provincial Police as constituted by this Act; ("commissaire")
"force" means The Manitoba Provincial Police force, as constituted by this Act. ("Sûreté" )
For the preservation of peace and good order and the enforcement of the law in Manitoba, the Lieutenant Governor in Council may establish a police force to be known as: "The Manitoba Provincial Police".
The force shall be under the direction of an officer who shall be known as the Commissioner of the Manitoba Provincial Police, shall be appointed as provided in The Civil Service Act, and shall hold office during pleasure.
The commissioner is under the control of the Attorney-General of Manitoba.
The commissioner and The Manitoba Provincial Police and every member thereof are hereby charged with the enforcement of the penal provisions of all laws in force in Manitoba.
The commissioner and every officer and constable of the force is ex officio an officer within the meaning of The Wildlife Act, an inspector under The Liquor Control Act, The Amusements Act and The Highway Traffic Act, a peace officer as defined by the Criminal Code (Canada) and such other officer as may be designated in any Act to enforce the penal provisions thereof.
The Lieutenant Governor in Council may except from among the laws to be enforced by the provincial police any Act or portion thereof.
Without restricting the generality of the foregoing, and subject to the direction of the commissioner, the members of the force shall
(a) perform all duties that are assigned to constables in relation to the preservation of peace, the prevention of crime and of offences against the laws in force in Manitoba and the apprehension of criminals and offenders and others who may lawfully be taken into custody;
(b) execute all warrants and perform all duties that under the laws in force in Manitoba may lawfully be executed and performed by constables, police or peace officers;
(c) perform such duties as may from time to time be assigned to them by the commissioner.
On the recommendation of the commissioner, such inspectors, detectives, constables, clerks, and other assistants, as the commissioner may deem necessary for the efficient working of the force may be appointed as provided in The Civil Service Act.
The number of constables on the force shall not at any time exceed 100.
A constable may be suspended or discharged for cause by the commissioner at any time.
The commissioner may make such rules and regulations as he may deem necessary
(a) for defining the rank, positions, and duties, of the members of the force;
(b) for the punishment of offences and breaches of discipline on the part of any member of the force;
(c) generally, respecting the organization, government, control, discipline, well-being and efficiency of the force.
The rules and regulations come into effect only upon approval by the Lieutenant Governor in Council.
The Lieutenant Governor in Council may, as occasion requires, appoint such number of special or other constables or peace officers as he deems expedient and fix their remuneration, or he may confer the power of such appointment upon the commissioner or upon any other person.
The constables appointed under subsection (1) are under the direction of such person as the Lieutenant Governor in Council, the commissioner or the person authorized to make the appointment, as the case may be, orders.
Nothing herein limits or affects the power of the appointment of constables or of special constables in particular cases, or of peace or other officers in general, wherein and wherever such a power of appointment exists.
Where the commissioner deems it advisable to make any special inquiry into the conduct of any member of the force, or into any complaint against any such member, or into any complaint respecting the enforcement of any penal law in force in Manitoba, by a member of the force, he shall, subject to the approval of the Attorney-General, proceed in such manner as may be deemed necessary.
For the purpose of any inquiry the commissioner has like powers and protection as are conferred upon commissioners appointed under Part V of The Manitoba Evidence Act.
The clerk or secretary-treasurer of each city or town shall forward to the commissioner not later than February 5 in each year a statement showing the full name, post office address, and telephone number, if any, of the chief constable of that city or town; and the clerk or secretarytreasurer of each village and each rural municipality shall forward to the commissioner not later than February 5 in each year the name, post office address, location of place of residence, and telephone number, if any. of each constable appointed by that village or rural municipality.
Every chief constable in a city or town and every constable in a village or rural municipality, shall, upon the request of the commissioner, deliver to any person designated by him, all warrants, papers, records, exhibits, photographs, and other information under the control of that constable dealing with any criminal case that is the subject of investigation by the force.
Except as otherwise provided in this Act, The Civil Service Act applies to the members of the force.
Every member of the force shall be upon salary, and all fees, costs and other charges collected or collectable by any constable in the force under the Schedule to Part XXIV of the Criminal Code (Canada) or any provincial statute, shall be paid to the commissioner and by him remitted to the Minister of Finance for the credit of the Consolidated Fund.
The Lieutenant Governor in Council may make such provisions as may be deemed necessary for the purchase, lease, erection, equipment, and maintenance, of offices, lock-ups and such other accommodation as the force may require.
The Minister of Finance may advance the commissioner necessary moneys for the travelling and incidental expenses of the force, such moneys to be accounted for as the Minister of Finance may direct.
All rewards earned by constables shall be paid to the commissioner, to be placed by him in a benefit fund, which shall be administered for the benefit of the force, by a committee composed of the commissioner and one inspector, or constables from each of the judicial districts of the province, to be elected for a period of two years by the inspector and constables in each such district.
Everyone who. having reasonable notice that he is required to assist any member of the force in the execution of his duty in arresting any person, or in otherwise carrying out any Act of the Legislature, without reasonable excuse omits to do so, is guilty of an offence ard is liable, on summary conviction, in addition to any other penalty prescribed by law, to a fine not exceeding $20., and in default of payment thereof to imprisonment for a period not exceeding 30 days.
Notwithstanding anything in this Act or any other Act of the Legislature, the Government of Manitoba may from time to time enter into an agreement or agreements with the Government of Canada whereby the duties assigned by and under this Act to The Manitoba Provincial Police shall, during the currency of the agreement or any agreement in substitution thereof, be undertaken, assumed, and carried out, by the Royal Canadian Mounted Police; and the members of the Royal Canadian Mounted Police may exercise all the powers, and hold all the offices, conferred by or under this Act upon The Manitoba Provincial Police and the members thereof.
Where an agreement has been or is made under subsection (1), while it is in effect any reference in any Act of the Legislature to The Manitoba Provincial Police, by that name or by clear implication, shall be deemed to include the Royal Canadian Mounted Police.
Where a municipality desires to have the duties assigned by any law to its police undertaken, assumed, and carried out by the Royal Canadian Mounted Police, and undertakes with the Government of Manitoba to pay the expense thereof, the Government of Manitoba on the request of the municipality in that behalf may enter into an agreement or agreements with the municipality and with the Government of Canada for the above mentioned purposes; and during the currency of any such agreement or any agreement in substitution thereof the duties assigned by any law to the police of the municipality shall be undertaken, assumed, and carried out by the Royal Canadian Mounted Police, whose members may exercise all the powers and hold all the offices conferred by the municipality or any law on its police.
The Government of Manitoba and a municipal corporation the population of which does not exceed 5000 persons may enter into an agreement whereby the duties assigned by any law to the police of the municipal corporation are undertaken, assumed and carried out by the Royal Canadian Mounted Police, and the municipal corporation undertakes to pay the Government of Manitoba the expense thereof; and during the currency of an agreement made under this section the members of the Royal Canadian Mounted Police may exercise all the powers and hold all the offices conferred by the municipal corporation or any law on its police.
Where, in a municipality there is an unincorporated village or hamlet the population of which does not exceed 5000 persons, the Government of Manitoba and the municipality may enter into an agreement whereby the duties assigned by law to the police of the municipality are undertaken, assumed and carried out in the unincorporated village or hamlet by the Royal Canadian Mounted Police and the municipality undertakes to pay the Government of Manitoba the expense thereof; and during the currency of an agreement made under this section the members of the Royal Canadian Mounted Police may exercise in the unincorporated village or hamlet all the powers and hold all offices conferred by the municipal corporation or any law on its police.
All agreements relating to policing by the Royal Canadian Mounted Police, or any portion thereof, made or purporting to be made before or after the coming into force of this Act between the Government of Canada, as one party thereto, any municipality in the province, as another party thereto, and the Government of Manitoba, as another party thereto, are hereby ratified, validated, and confirmed and declared to be legal and binding on the parties thereto.
During the currency of any agreement referred to in section 19 the duties assigned by any statute, law, by-law, regulation, rule or order to the police of the municipality shall, in accordance with the terms of the agreement, be undertaken, assumed, and carried out by the Royal Canadian Mounted Police or any portion thereof,
(a) the members of which, in accordance with the terms of the agreement, may exercise any and all of the rights, powers, privileges, and authority, and hold any and all of the offices, conferred by the municipality or by any statute, law, by-law, regulation, rule, or order, on the police of the municipality, and
(b) the members of which, in carrying out the terms of the agreement, have all the rights, powers, privileges, authority, and immunity, enjoyed by and conferred on the police of the municipality by any statute, law, by-law, regulation, rule or order.
The chief of police of a municipality is liable in respect of torts committed by members of the police force under his direction and control in the performance or purported performance of their duties in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in respect of any such torts be treated for all purposes as a joint tortfeasor.
Where a chief of police is liable in respect of a tort committed by him in the performance or purported performance of his duties, he is also liable and may be sued separately in his capacity as chief of police for the purposes of subsection (4).
Where the office of chief of police is vacant or where there is no chief of police, the chairman of the police commission or, where there is no police commission, the head of the council shall be deemed to be the chief of police for the purposes of this section.
The municipality shall pay,
(a) any damages or costs awarded against the chief of police in any proceeding brought against him by virtue of this section and any costs incurred but not recovered by him in the proc eding; and
(b) subject to the approval of the council of the municipality, any sum required in connection with the settlement of any claim made against the chief of police by virtue of this section.
The council of a municipality may, in any action brought under this section to such extent as it thinks fit, pay any damages or costs awarded against a member of the police force maintained by the municipality or against any special constable employed by the municipality in any civil or criminal proceedings brought against the constable, any costs incurred and not recovered by the member or special constable in the action, and any sum required in connection with the settlement of any claim that has or might have given rise to the action.
There shall be a Manitoba Police Commission composed of not less than five persons appointed by the Lieutenant Governor in Council.
The Lieutenant Governor in Council shall designate one of the members of the commission to be chairman and another as vice-chairman.
Where a vacancy occurs on the commission from any cause, the vacancy shall be filled by the Lieutenant Governor in Council.
In the event of a tie vote in any proceedings of the commission, the vote of the chairman or, in his absence, the vote of the vice-chairman shall prevail, and three members of the commission constitute a quorum whether or not a vacancy exists in the membership of the commission.
The Lieutenant Governor in Council shall fix the rates of remuneration to be paid to the members of the commission who may, in addition, be reimbursed for such reasonable out-of-pocket expenses as are incurred by them in the performance of their duties.
All orders, consents, certificates and other documents issued or made by the commission shall be signed by the chairman or in his absence or illness by the vice-chairman of the commission and when purporting to be so signed, shall be judicially noticed without further proof.
The commission shall, after the close of each calendar year, file with the Attorney-General an annual report upon the affairs of the commission and the Attorney-General shall submit the report to the Lieutenant Governor in Council and shall then lay a copy of the report before the Legislative Assembly if it is in session or, if not, at the next ensuing session thereof.
Such office staff and other employees as may be required by the commission shall be employed as provided in The Civil Service Act.
The commission shall promote the prevention of crime, efficiency of police services and police-community relationships in the province and for the attainment of these purposes, it may
(a) co-ordinate or maintain or make recommendations to the Attorney-General for the co-ordination and maintenance of a central information service and for the organization of research studies for the purpose of assisting and improving the police forces in Manitoba;
(b) consult with and advise boards of police commissioners, police committees and other police authorities including chiefs of police on all matters relating to police and policing;
(c) provide to boards of police commissioners, police committees and other police authorities including chiefs of police, information and advice respecting the management and operation of police forces, techniques in handling special problems and other information considered to be of assistance;
(d) provide for holding its meetings in various parts of the province and for visiting various areas and facilities in the province where police forces are maintained;
(e) examine lock-up facilities throughout the province and report to the Attorney-General concerning their standards together with its recommendations;
(f) recommend to the Attorney-General the necessity or desirability of providing and maintaining proper lock-up facilities in areas where there are no lock-up facilities or inadequate or substandard lock-up facilities:
(g) assist in co-ordinating the work and efforts of police forces in Manitoba:
(h) determine whether a police force is adequate for the area it serves and examine and report to the Attorney-General as to whether a municipality is discharging its responsibility for the maintenance of law and order;
(i) recommend to the Attorney-General minimum standards for the selection and training of municipal policemen, special constables and other law enforcement officers and promotional standards;
(j) recommend to the Attorney-General the development and supervision of a police training program in Manitoba for municipal policemen extending from basic recruit courses through all levels of in-service training including specialized courses and those embracing management, supervision and police administration:
(k) assist in the development of police education at the post-secondary school level;
(l) establish programs and methods designed to create a public understanding of police functions and to promote and improve police relationships with the community:
(m) recommend to the Attorney-General the installation of an inter-communications system for all or any police forces in Manitoba and regulation of its operation and procedures;
(n) subject to the approval of the Attorney-General prescribe, regulate or prohibit the use of any equipment by a police force or its members in Manitoba;
(o) make recommendations with respect to amendments to this Act or regulations made under this Act and to any other enactments relating to law enforcement and police services in Manitoba.
The Lieutenant Governor in Council may by order direct the commission to inquire into and report to him upon any matter relating to
(a) the causes, extent, investigation or control of crime; or
(b) the enforcement of law;
and he shall define the scope of the inquiry in the order.
For the purpose of an inquiry under subsection (1), the commission has all the powers of commissioners under Part V of The Manitoba Evidence Act, and Part V excepting section 85 of that Act, applies to any inquiry being made by the commission, but no notice of authorization or of the purpose or scope of the inquiry or of the time or place of the inquiry need be made by the commission or need be published under section 86 of that Act.
For the purpose of section 21, this section and section 28, "police commission" means
(a) any police commission established pursuant to the provisions of the charter of any city ; or
(b) any police commission established under any other Act of the Legislature; or
(c) any municipal council or any municipal committee, however composed, which is charged with or responsible for the maintenance of a police force; or
(d) the committee of the Dakota Ojibway Tribal Council known as the Dakota Ojibway Tribal Council Police Commission.
Where a chief or deputy chief of police pursuant to any inquiry or investigation made by him respecting the conduct of a member of a police force, takes disciplinary action against the member, that member may, if he feels aggrieved by the action, within 30 days of the disciplinary action, appeal the matter to the police commission.
Where an appeal is made under subsection (2) the appeal shall be a hearing de novo and after hearing the appeal the police commission may dispose of the matter as set out in clause (9)(a) or (b).
Where a complaint is made to a police commission touching the conduct of any member of a police force or any matter or thing relating to the maintenance and operation of the police force, The Manitoba Police Commission may direct the police commission to inquire into or investigate the complaint and to make an order or other determination in respect thereof, and the police commission shall comply with the order of The Manitoba Police Commission.
Where a police commission inquires into or investigates any complaint or matter touching the conduct of any member of a police force or any matter or thing relating to the maintenance and operation of the police force and law and order generally and following the inquiry or investigation makes an order or other determination, any person who is a party to the inquiry or investigation or who is aggrieved by the order or determination may within thirty days from the date of the order or determination appeal the matter to the Manitoba Police Commission.
The appeal to the Manitoba Police Commission shall be a public hearing de novo and parties to the appeal may be represented by counsel and may examine or cross-examine such witnesses as may appear before the commission.
The public or any member thereof may be excluded from the hearing, or any part of the hearing, of an appeal under subsection (5) if the maintenance of order or the proper administration of justice so requires.
For the purpose of an appeal under subsection (5). the commission has all the powers and privileges of and the protection afforded to commissioners under Part V of The Manitoba Evidence Act.
After hearing an appeal under subsection (5), the Manitoba Police Commission may
(a) dismiss the appeal and confirm the order or determination; or
(b) substitute a decision or order that in its opinion should have been made; or
(c) make its own findings of facts and remit the matter back to the police commission for a determination based on those facts; and
(d) award costs in the matter as to it seems reasonable.
The decision of the commission on an appeal under this section is final.
Where the conduct of a member of a municipal police force is the subject matter of a complaint under The Law Enforcement Review Act, there shall be no inquiry, investigation or hearing by any police commission or the Manitoba Police Commission in respect of the same conduct except as provided or authorized by The Law Enforcement Review Act.
Where a complaint is made with respect to the conduct of or anything done or omitted to be done by a member of the Royal Canadian Mounted Police, the Attorney-General for Manitoba may refer the matter to the Manitoba Police Commission for investigation, report and recommendation.
Where a matter has been referred to the Manitoba Police Commission under subsection (12), the Manitoba Police Commission may further refer the matter to the Commissioner appointed under The Law Enforcement Review Act for investigation; and upon completing the investigation, the Commissioner shall report and make necessary recommendations to the Manitoba Police Commission, which shall forward the report and recommendations to the Attorney-General for Manitoba.
Subsections (2) and (3) do not apply with respect to The City of Winnipeg.
The costs awarded under subsection 26(9) may, if so ordered, be paid from the Consolidated Fund.
Notwithstanding the definition of "employee" as provided in The Labour Relations Act, where not fewer than 50% of the senior officers of a police force are members of an association composed only of senior officers, the senior officers through that association may bargain separately with a police commission or a committee thereof.
Where senior officers bargain separately, all the provisions hereof and of The Labour Relations Act pertaining to collective bargaining apply to them as if they were "employees" within the meaning of The Labour Relations Act.
In every case the members of a bargaining committee shall be members of the police force but where
(a) the association is affiliated with a police organization; or
(b) 50% or more of the members of the police force belong to a police organization;
at all meetings held with the police commission or a committee thereof, for the purpose of bargaining, the bargaining committee may be accompanied by a member of that organization who shall attend in an advisory capacity only.
In addition to the person mentioned in subsection (3), a bargaining committee may be accompanied by a legal counsel and one other adviser and the police commission may be accompanied by one counsel and one other adviser.
For the purpose of this section "association" means an association limited to one police force and having as its objectives the improvement of conditions of service or remuneration of the members of that force.
In this section, "senior officer" means a member of a police force of the rank of inspector or higher, or a civilian employed in a supervisory or confidential capacity, but does not include a chief of police or deputy chief of police.
For the purpose of carrying out the provisions of this Act according to their intent, or for the purpose of providing for matters in respect of the administration of this Act for which no provision is made in this Act, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,
(a) prescribing rules, practices and procedures to be followed by the Manitoba Police Commission in conducting its affairs;
(b) for the government of police forces and governing the conduct, duties, suspension and dismissal of members of police forces:
(c) prescribing rules for the hearing and determining of appeals by the Manitoba Police Commission;
(d) establishing a uniform basic disciplinary code for all municipal police departments;
(e) respecting any other matter or thing deemed necessary or advisable for the carrying out of the intent and purpose of this Act.
Where there is a conflict between a regulation respecting the conduct, duties, suspension and dismissal of members of police forces or respecting any disciplinary code for municipal police forces, made under this Act, and a regulation respecting those matters made under any other Act of the Legislature, or by the council of The City of Winnipeg, any other municipal council or police commission as defined in subsection 26(1), the regulation made under this Act prevails.