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The Provincial Police Act

REPEALED
Date: June 1, 2012

C.C.S.M. c. P150

The Provincial Police Act

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

Definitions

1

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 »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)

S.M. 1992, c. 44, s. 2.

Administration of Act

1.1(1)

This Act shall be administered by the minister.

Duties and powers of minister

1.1(2)

The minister shall promote the prevention of crime, efficiency of police services and police-community relationships in the province, and for those purposes the minister may

(a) consult with, advise and provide support to police commissions, chiefs of police and employers of special constables on matters relating to police and policing;

(b) provide information and advice to police commissions and chiefs of police on the management and operation of police forces, techniques for handling special problems and other information considered to be of assistance;

(c) monitor police services for the purpose of ensuring that adequate and effective policing is maintained both municipally and provincially;

(d) assist in the co-ordination of policing services;

(e) develop and promote community-based policing and crime prevention programs; and

(f) develop programs to enhance professional police practices, standards and training.

S.M. 1992, c. 44, s. 3.

The Manitoba Provincial Police

2

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".

Appointment of commissioner

3(1)

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.

Controlled by the minister

3(2)

The commissioner is under the control of the minister.

S.M. 1992, c. 44, s. 4.

Enforcement of laws

4(1)

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.

Members ex officio game guardians, etc.

4(2)

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.

Exceptions from authority of force

4(3)

The Lieutenant Governor in Council may except from among the laws to be enforced by the provincial police any Act or portion thereof.

Duties

5

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.

Appointments to the force

6(1)

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.

Number

6(2)

The number of constables on the force shall not at any time exceed 100.

Suspension or discharge

7

A constable may be suspended or discharged for cause by the commissioner at any time.

Rules and regulations may be made

8(1)

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.

Approval of Lieutenant Governor in Council

8(2)

The rules and regulations come into effect only upon approval by the Lieutenant Governor in Council.

Special constables

9(1)

The minister 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.

Control of

9(2)

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.

Power of appointment reserved

9(3)

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.

S.M. 2004, c. 42, s. 43.

Special inquiries

10(1)

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 minister, proceed in such manner as may be deemed necessary.

Powers of commissioner in inquiry

10(2)

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.

S.M. 1992, c. 44, s. 5.

Clerks to notify commissioner

11(1)

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 secretary-treasurer 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.

Certain documents to be delivered to commissioner on request

11(2)

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.

The Civil Service Act to apply

12(1)

Except as otherwise provided in this Act, The Civil Service Act applies to the members of the force.

Salaries, fees, etc.

12(2)

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.

Provisions for accommodation

13(1)

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.

Incidental expenses

13(2)

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.

Benefit fund

13(3)

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.

Duty to assist police officer

14

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 and 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.

Agreement with Canada for policing by R.C.M.P.

15(1)

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.

M.P.P. to include R.C.M.P.

15(2)

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.

Agreement with Canada for policing of municipality

16

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.

Agreements by municipalities under 5000 population

17

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.

Agreements by municipalities for hamlets, etc.

18

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.

Validation of agreements

19

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.

Duties to be undertaken by R.C.M.P.

20

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.

Liability for torts

21(1)

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.

Torts of chief of police

21(2)

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 office of chief of police is vacant

21(3)

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.

Payment of municipality

21(4)

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 proceeding; 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.

Indemnifying police officers

21(5)

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.

Failure to provide adequate police services

21.1(1)

When in the opinion of the minister a municipality that is responsible for providing police services is not providing adequate and effective police services or is not complying with this Act or the regulations, the minister may notify the council of that fact and direct the council to take the measures the minister considers necessary to correct the situation.

Provision of alternative police services

21.1(2)

If the council does not comply with a direction made under subsection (1), the minister may

(a) suspend in whole or in part the operation of the municipal police force;

(b) request the Manitoba Provincial Police to provide police services;

(c) do any other thing necessary to create an adequate and effective police service within the municipality.

Cost of services

21.1(3)

The minister shall certify the cost of providing police services under this section and, unless the minister directs otherwise, the municipality shall pay that amount to the Minister of Finance.

Enforcement of payment of costs

21.1(4)

The amount under subsection (3) may be deducted from any grant payable to the municipality by the government or may be recovered by a court action as a debt due to Her Majesty.

S.M. 1992, c. 44, s. 8.

22 to 24

Repealed.

S.M. 1992, c. 44, s. 9.

Inquiry by provincial judge

25(1)

The Lieutenant Governor in Council may by order direct a provincial judge 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.

Powers under Evidence Act

25(2)

For the purpose of an inquiry under subsection (1), a provincial judge 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 a provincial judge, 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 provincial judge or need be published under section 86 of that Act.

Provincial judge not acting as a court

25(3)

A provincial judge acts as persona designata and not as a court when making an inquiry and a report under this section.

S.M. 1992, c. 44, s. 10.

Definition of police commission

26(1)

For the purpose of section 1.1, 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.

Appeal from disciplinary action

26(2)

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.

Disposition of appeal

26(3)

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).

Investigation of complaint

26(4)

Where a complaint is made to a police commission about the conduct of a member of a police force or any matter relating to the maintenance and operation of the police force, the police commission shall inquire into or investigate the complaint and shall make an order or other determination in respect of the complaint.

Right to appeal

26(5)

Where an order or determination is made by a police commission respecting the conduct of a member of a police force or any matter relating to the maintenance and operation of the police force, any person who is aggrieved by the order or determination or who is a party to any related inquiry or investigation may, within 30 days after the date of the order or determination, appeal the order or determination to a provincial judge.

Commencement of appeal

26(5.1)

An appeal under subsection (5) shall be commenced by filing a notice of appeal with the Deputy Minister of Justice who shall, on receipt of the notice of appeal, direct a provincial judge to hear the matter.

Provincial judge not acting as a court

26(5.2)

A provincial judge acts as persona designata and not as a court when hearing an appeal under this section.

Hearing de novo

26(6)

An appeal shall be a public hearing de novo and the parties may be represented by counsel and may examine or cross examine any witnesses.

Exclusion of public

26(7)

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.

Powers under Evidence Act

26(8)

For the purpose of an appeal under subsection (5), the provincial judge hearing the appeal has all the powers and privileges of and the protection afforded to commissioners under Part V of The Manitoba Evidence Act.

Powers on appeal

26(9)

After hearing an appeal, the provincial judge may

(a) dismiss the appeal and confirm the order or determination;

(b) substitute any order or determination that in the opinion of the provincial judge should have been made; or

(c) make any findings of fact that in the opinion of the provincial judge should have been made and refer the matter back to the police commission for a determination based on those facts;

and award costs in the matter as the provincial judge considers reasonable.

Decision on appeal final

26(10)

The decision of the provincial judge on an appeal under this section is final.

Effect of Law Enforcement Review Act

26(11)

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 a provincial judge under this Act in respect of the same conduct except as provided or authorized by The Law Enforcement Review Act.

26(12) and (13) Repealed, S.M. 1992, c. 44, s. 11.

Non-application of subsections (2) and (3)

26(14)

Subsections (2) and (3) do not apply with respect to The City of Winnipeg.

S.M. 1992, c. 44, s. 11.

Costs

27

The costs awarded under subsection 26(9) may, if so ordered, be paid from the Consolidated Fund.

Application of Labour Relations Act

28(1)

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.

Bargaining by senior officers

28(2)

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.

Representation by members of affiliated body

28(3)

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.

Counsel and advisers

28(4)

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.

Association

28(5)

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.

Senior officer defined

28(6)

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.

Regulations

29(1)

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) Repealed, S.M. 1992, c. 44, s. 12;

(b) for the government of police forces and governing the conduct, duties, suspension and dismissal of members of police forces and of special constables;

(c) prescribing rules for the hearing and determining of appeals;

(d) establishing a uniform basic disciplinary code for all municipal police departments;

(d.1) regulating or prohibiting the use of equipment by a police force or its members;

(d.2) regulating or prohibiting the use of equipment by special constables;

(e) respecting any other matter or thing deemed necessary or advisable for the carrying out of the intent and purpose of this Act.

Regulation to prevail

29(2)

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.

S.M. 1992, c. 44, s. 12.