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Home → Legislative Business → Bills → 42-5

Status of bills in this Session.

5th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 34

THE POLICE SERVICES AMENDMENT ACT

Bilingual version (PDF)

Explanatory Note

(Assented to )

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

C.C.S.M. c. P94.5 amended

1 The Police Services Act is amended by this Act.

2 Subsection 1(1) is amended by adding the following

definitions:

"general policing services" means services designated as general policing services in the policing standards. (« service de maintien de l'ordre général »)

"specialized investigation" means an investigation into a specific type of incident or behaviour set out in the policing standards. (« enquête spécialisée »)

"specialized policing service" means a service designated as a specialized policing service in the policing standards. (« service de maintien de l'ordre spécialisé »)

3 The following is added after

section 47 and before

Part 6:

PART 5.1

PROVISION OF POLICING SERVICES

General policing services

47.1(1) A police service must provide general policing services in the area where the police service has jurisdiction.

Examples

47.1(2) General policing services include the following:

(

a) response to public calls for service 24 hours a day;

(

b) response and initial investigation into all possible illegal activities;

(

c) community policing;

(

d) general and directed patrols;

(

e) traffic management, traffic law enforcement and road safety services;

(

f) maintenance of public order.

Specialized policing services

47.2 A police service must not provide a specialized policing service unless the police service has

(

a) the minimum number of officers who have the required training set out in the policing standards;

(

b) the required equipment and facilities set out in the policing standards; and

(

c) established and implemented policies set out in the policing standards.

Conducting specialized investigations

47.3(1) Except as permitted by subsections (2) and 47.5(2), a police service must not conduct a specialized investigation unless the police service has

(

a) the minimum number of officers who have the required training set out in the policing standards;

(

b) the required equipment and facilities set out in the policing standards; and

(

c) established and implemented policies set out in the policing standards.

Initial response and investigation permitted

47.3(2) Subsection (1) does not prevent a police service from providing a response and initial investigation into an incident or behaviour that requires a specialized investigation under the policing standards. Officers may attend at the scene of the suspected incident or behaviour, make inquiries, collect evidence and detain or arrest any person suspected of illegal activity until officers from another police service assume conduct of the investigation under subsection 47.5(3).

RCMP to provide specialized policing services

47.4(1) Subject to subsection (2), if a police service does not meet the requirements set out in the policing standards to provide a specialized policing service or conduct a specialized investigation, the Royal Canadian Mounted Police must provide that policing service or conduct that type of investigation in the area where the police service has jurisdiction.

Agreement with other police service

47.4(2) If a police service does not meet the requirements set out in the policing standards to provide a specialized policing service or conduct a specialized investigation, that service may, with the approval of the director, enter into an agreement to have another police service provide that policing service or conduct that type of investigation in the area where the police service has jurisdiction.

When local officers can assist

47.4(3) Officers from a police service that does not meet the requirements to provide a specialized policing service or conduct a specialized investigation may assist in providing that service or conducting that investigation if they are acting under the direction of the Royal Canadian Mounted Police or a police service retained under an agreement under subsection (2).

Notice to other police service

47.5(1) A police service that does not meet the requirements set out in the policing standards to conduct a specialized investigation must notify the Royal Canadian Mounted Police or another police service retained under subsection 47.4(2) in accordance with prescribed procedures when officers from the police service have

(

a) attended at the scene of a suspected incident or behaviour or have contact with the person who reported the incident or behaviour; and

(

b) determined that

(

i) there are reasonable grounds to believe that the incident or behaviour took place, and

(ii) an investigation into the incident or behaviour qualifies as a specialized investigation under the policing standards.

Duty of local police service after notification

47.5(2) Until officers from the Royal Canadian Mounted Police or a police service retained under subsection 47.4(2) assume conduct of a specialized investigation, officers from the local police service may continue to take any steps in the investigation that they determine are appropriate in the circumstances.

Other police service to assume conduct of investigation

47.5(3) Upon being notified under subsection (1), officers from the Royal Canadian Mounted Police or a police service retained under subsection 47.4(2) must assume conduct of the specialized investigation.

4 Sections 48 to 48.2 are replaced with the following:

Policing standards

48(1) To ensure that police services provide adequate and effective policing, the director must establish policing standards respecting police service operations.

Classification of policing services

48(2) The policing standards must establish

(

a) general policing services to be provided by every police service; and

(

b) specialized policing services and specialized investigations and set out the requirements that must be met for a police service to provide a specialized policing service or conduct a specialized investigation.

Standards re facilities and equipment

48(3) The director may establish standards respecting facilities and equipment used by police services, including standards respecting

(

a) detention facilities;

(

b) police vehicles;

(

c) emergency call centres;

(

d) communications and dispatch equipment;

(

e) computers and records management systems; and

(

f) firearms and less-lethal weapons.

Standards re specific policing matters

48(4) Without limiting the generality of subsection (1), the director may establish standards respecting

(

a) criminal investigations;

(

b) motor vehicle pursuits;

(

c) arrests;

(

d) use of force;

(

e) missing person investigations; and

(

f) criminal disclosure.

Standards re criminal intelligence

48(5) The criminal intelligence director may establish standards respecting the collection, storage and use of criminal intelligence by police services and the sharing of criminal intelligence.

Consultation with commission

48(6) Before establishing a policing standard, the director and the criminal intelligence director must consult with the commission on the proposed standard.

Variable standards

48(7) A policing standard may establish classes of police services and may impose different standards on different classes.

Standards provided to police services

48(8) The director must provide every police service with all policing standards and ensure that every police service receives notice of any change to a policing standard.

Monitoring policing standard compliance

48.1(1) The commission is responsible for monitoring compliance with policing standards and ensuring that police services provide specialized policing services and conduct specialized investigations only when permitted under sections 47.2 and 47.3.

Retaining persons to assist monitoring

48.1(2) The commission may retain the services of department employees or other persons with policing expertise to assist it in carrying out monitoring activities under subsection (1).

Providing information to commission

48.2 On request, the chief of a police service must provide the commission with information and documents respecting the police service, its officers, its facilities and equipment and policing services and investigations conducted by the police service.

5 Sections 48.4 and 48.5 are replaced with the following:

Notice of failure to meet policing standard

48.4(1) If the commission determines that a police service has failed to meet a policing standard, the commission must report the failure to the director and provide the director with specific details of the failure.

Reviewing standard failure with chief

48.4(2) The director must review a report of a police service's failure to meet a policing standard with the chief of the police service to

(

a) assess the reported failure; and

(

b) determine what measures must be taken to meet the policing standard.

Report re unauthorized policing activities

48.5(1) If the commission determines that a police service has provided a specialized policing service or conducted a specialized investigation when not authorized to do so under

section 47.2 or 47.3, the commission must provide the director with a report that provides specific details of the policing service or investigation in question.

Review required

48.5(2) The director must review a report under subsection (1) with the chief of the police service and implement any measures that the director considers necessary to prevent the recurrence of such conduct.

7 Clause 54(

a) is amended by adding " or the failure of the police service to comply with the requirements of this Act poses a significant risk to the public " after " adequate and effective policing services ".

8(1)

Section 77.2 is amended

(

a) by renumbering it as subsection 77.2(1); and

(

b) by striking out " and " at the end of clause (

b) and replacing clause (

c) with the following:

(

c) conducting community patrols and maintaining a visible presence within the community;

(

d) facilitating the response of members of the local policing authority to situations that require police involvement; and

(

e) providing information to the local policing authority on ongoing or emerging public safety issues.

8(2) The following is added as subsections 77.2(2) to (4):

Initial response to safety threat

77.2(2) A community safety officer may provide an initial response to situations that pose a safety threat that they encounter while performing their other duties until members of the local policing authority are able to respond.

Detaining persons posing safety threat

77.2(3) A community safety officer may detain a person posing a safety threat whom they encounter in a situation described in subsection (2) until

(

a) they are satisfied that the person no longer poses a threat to the safety of themselves or others; or

(

b) a member of the local policing authority arrives to deal with the person or advises that the person should no longer be detained.

Restriction

77.2(4) The exercise of any powers under this

section is subject to prescribed conditions or restrictions.

9(1) Subsection 77.3(1) is replaced with the following:

Agreement re community safety officer program

77.3(1) A municipality that seeks to operate a community safety program must, after consulting with the local policing authority, enter into an agreement with the minister respecting the operation of the program.

9(2) Clause 77.3(2)(

d) is repealed.

10 Subsection 77.4(3) is repealed.

11 The following is added after

section 77.4:

Required training

77.4.1 A community safety officer must receive training on crime prevention, public safety, conflict de-escalation, detention procedures and other prescribed matters.

12 Subsection 77.5(2) is repealed.

Section 77.6 is replaced with the following:

Assistance to local policing authority

77.6(1) If authorized by the local policing authority, a community safety officer may provide administrative and logistical support to the local policing authority in criminal and non-criminal matters, such as

(

a) crime and accident scene management;

(

b) witness identification;

(

c) transporting detained persons;

(

d) executing arrest warrants;

(

e) serving subpoenas; and

(

f) receiving reports from the public respecting criminal incidents or matters under The Highway Traffic Act .

Restriction

77.6(2) Except as permitted by subsections (1) and 77.2(3), a community safety officer must not participate in any criminal investigation or detain any person in relation to any alleged criminal activity.

14 The following is added after

section 77.6:

Peace officer status

77.6.1 A community safety officer has the powers and protections of a peace officer while exercising powers and performing duties under this Part.

15 Subsection 77.7(2) is amended by adding " have the required training and " after " community safety officers ".

16 The following is added after

section 77.9:

Regional community safety officer program

77.9.1(1) Two or more municipalities may jointly operate a regional community safety officer program in accordance with this section.

Agreement required

77.9.1(2) The municipalities that seek to operate a regional community safety officer program must, after consulting with their local policing authority, enter into an agreement with the minister respecting the operation of the program.

Agreement requirements

77.9.1(3) The agreement must address

(

a) the issues set out in subsection 77.3(2); and

(

b) any other matters that the minister considers necessary.

Employer

77.9.1(4) Unless the agreement under subsection (2) provides otherwise, the municipalities that operate a regional community safety officer program are deemed to jointly employ the community safety officers in the program.

Application

77.9.1(5) Sections 77.2 and 77.4 to 77.11 apply, with necessary changes, to a regional community safety officer program and community safety officers in the program.

17(1) Subsection 77.12(1) is amended by striking out everything after " under this Part must " and substituting " , after consulting with the local policing authority, enter into an agreement with the minister respecting the operation of the program. ".

17(2) Clause 77.12(2)(

d) is repealed.

18(1)

Section 77.14 is amended

(

a) by renumbering it as subsection 77.14(1); and

(

b) by replacing clause (

c) with the following:

(

c) conducting community patrols and maintaining a visible presence within a First Nation community or group of First Nation communities;

(c.1) facilitating the response of members of the local policing authority to situations that require police involvement; and

18(2) The following is added as subsections 77.14(2) to (4):

Initial response to safety threats

77.14(2) A First Nation safety officer may provide an initial response to situations that pose a safety threat that they encounter while performing their other duties until members of the local policing authority are able to respond.

Detaining persons posing safety threat

77.14(3) A First Nation safety officer may detain a person posing a safety threat whom they encounter in a situation described in subsection (2) until

(

a) they are satisfied that the person no longer poses a threat to the safety of themselves or others; or

(

b) a member of the local policing authority arrives to deal with the person or advises that the person should no longer be detained.

Restriction

77.14(4) The exercise of any powers under this

section is subject to prescribed conditions or restrictions.

19 Subsection 77.15(3) is repealed.

20 The following is added after

section 77.15:

Required training

77.15.1 A First Nation safety officer must receive training on crime prevention, public safety, conflict de-escalation, detention procedures and other prescribed matters.

21(1) Subsection 77.16(1) is amended

(

a) by replacing the

section heading with " Additional powers "; and

(

b) by striking out " provincial " wherever it occurs.

21(2) Subsection 77.16(2) is repealed.

Section 77.17 is replaced with the following:

Assistance to local policing authority

77.17(1) If authorized by the local policing authority, a First Nation safety officer may provide administrative and logistical support to the local policing authority in criminal and non-criminal matters, such as

(

a) crime and accident scene management;

(

b) witness identification;

(

c) transporting detained persons;

(

d) executing arrest warrants;

(

e) serving subpoenas; and

(

f) receiving reports from the public respecting criminal incidents or matters under The Highway Traffic Act .

Restriction

77.17(2) Except as permitted by subsections (1) and 77.14(3), a First Nation safety officer must not participate in any criminal investigation or detain any person in relation to any alleged criminal activity.

23 The following is added after

section 77.18:

Peace officer status

77.18.1 A First Nation safety officer has the powers and protections of a peace officer while exercising powers and performing duties under this Part.

24 Subsection 77.19(2) is amended by adding " have the required training and " after " its officers ".

Coming into force

25 This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Police Services Act .

The Director of Policing may establish standards respecting police service operations, facilities and equipment. The criminal intelligence director is responsible for creating standards dealing with criminal intelligence. The Manitoba Police Commission monitors police service compliance with policing standards.

A police service may provide a specialized policing service and conduct a specialized type of investigation only if the police service meets the required standards. If a police service does not meet those standards, the Royal Canadian Mounted Police or another police service must provide that service or conduct that type of investigation.

The role of community safety officers and First Nation safety officers is expanded to enable these officers to provide an initial response to situations that pose a safety threat before police officers can attend. These officers may provide administrative and logistical support to local police in relation to criminal and non-criminal matters.

Two or more municipalities may jointly operate a regional community safety officer program.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	42-5 b034e.php
Type	bill
Volume / chapter	42 5 b034e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	cb4380af918438d5239a3ae7a27deeaa1267941b

Source file is stored in the law ingest library (html).