Independent Investigations Regulation

Independent Investigations Regulation, M.R. 99/2015 The Police Services Act , C.C.S.M. c. P94.5 Regulation 99/2015 Registered June 17, 2015 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Repealed 3 Qualifications for investigators 4 Required information and consents 5 Background checks 6 Designated notification officers 6.1 Serious incident notification process 6.2 Notice of complaint or evidence of illegal conduct 6.3 How notice to be provided to IIU 7 Notification report 8 Repealed 9 Segregating officers 9.1 Duty to complete incident notes 10 Witness officer incident notes 11 Subject officer incident notes 11.1 Duty to provide additional records 12 Interviews with officers or police associates 12.1 Interviews with prescribed person 13 Recording interviews 14 Officer status 14.1 Omissions from report 14.2 Information about subject officer 15 Coming into force Definitions 1(1) The following definitions apply in the Act and this regulation. "Act" means The Police Services Act . («  Loi  ») "affected person" means a person whose involvement with a police officer resulted in an investigation by the independent investigation unit. (« personne touchée ») "complaint" means an allegation made orally or in writing, if the person making the allegation provides their name and contact information. (« plainte ») "designated notification officer" means a police officer designated under section 6. (« agent de notification désigné ») "incident notes" means the contemperaneous notes made by a police officer respecting their involvement in or observations regarding an investigation, incident or occurrence that is the subject of an investigation by the independent investigation unit. (« notes d'incident ») "permanent resident" means a permanent resident as defined in the Immigration and Refugee Protection Act (Canada). (« résident permanent ») "police associate" means (a) a civilian employed by a police service, including (i) a member of the Winnipeg Police Service Auxiliary Force Cadet Program, (ii) a member of the Winnipeg Police Service River Patrol Unit, and (iii) a member of the Winnipeg Police Service Central Processing Unit; (b) a person who is employed by a municipality, First Nation or entity representing a group of First Nations and who provides services to or for a police service; and (c) an auxiliary member of a police service. (« personne affiliée à un service de police ») "record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means including by graphic, electronic or mechanical means. (« document ») "serious incident" means an incident described in subsection 65(1) of the Act. (« incident grave ») "serious injury" means (a) a fracture of the skull, jaw, orbital bone, clavicle, pelvis, hip, sternum, scapula, vertebrae, rib, humerus, radius, ulna, femur, tibia, or fibula; (b) [repealed] M.R. 31/2025 ; (c) the loss of any part of the body; (d) the loss of vision or hearing; (e) any injury that requires admission to a hospital or health care facility on an in-patient basis; or (f) any injury caused by the discharge of a firearm, except for an injury caused by an impact munition or other non-lethal munition, unless the injury is set out in clauses (a) to (e). (« blessure grave ») "subject officer" means a police officer who, in the opinion of the civilian director, (a) may have caused the death of a person; (b) may have caused a serious injury to a person; (c) may have contravened a provision prescribed under clause 65(1)⁠(c) or subsection 73(1) or (1.1) of the Act; or (d) may have engaged in other conduct that is the subject of an investigation by the independent investigation unit. (« agent impliqué ») "witness officer" means a police officer who, in the opinion of the civilian director, (a) witnessed, was present at, or was involved in a serious incident, or who has material information respecting a serious incident; or (b) witnessed, or has material information respecting, any other conduct or alleged conduct of another police officer that is the subject of an investigation by the independent investigation unit. (« agent témoin ») 1(2) The following provisions of the Criminal Code (Canada) are prescribed for the purpose of clause 65(1)⁠(c) of the Act: (a) section 86 (careless use of firearm); (b) section 131 (perjury); (c) section 136 (contradictory evidence); (d) section 137 (fabricating evidence); (e) section 139 (obstructing justice); (f) section 271 (sexual assault). 1(3) For the purpose of clause 76.3(c) of the Act, the following persons are prescribed as persons who must comply with reasonable requests from the civilian director or an investigator in relation to an investigation: (a) a community safety officer; (b) a First Nation safety officer; (c) an institutional safety officer. M.R. 31/2025 2 [Repealed] M.R. 31/2025 Qualifications for investigators 3 In order to be eligible for selection as an investigator, a person must (a) be a Canadian citizen or a permanent resident; (b) have experience in major crime investigations, in the case of a person who is a current or former police officer; and (c) have experience in conducting and managing a wide range of complex investigations, in the case of a person who is not a current or former police officer. Required information and consents 4 Before being selected as an investigator, a person must provide the civilian director with (a) information or documentation that confirms that the person meets the requirements of section 3; and (b) a signed consent that authorizes the background checks set out in section 5 to be made. Background checks 5(1) The civilian director must have the following background checks performed on a person before selecting that person as an investigator: (a) a criminal record search; (b) a search of local police files and occurrence reports in the area where the person resides respecting any activity or involvement respecting the person; (c) a search of the adult abuse registry established under The Adult Abuse Registry Act ; (d) a search of the child abuse registry established under The Child and Family Services Act. 5(2) The civilian director may have any additional background checks performed on a person that he or she considers necessary in the circumstances. Designated notification officers 6(1) A police chief must designate two or more officers in the police service — which may include the police chief — who are responsible for providing notice to the independent investigation unit (a) when a serious incident has occurred; (b) when a complaint described in subsection 66(1) or 73(1) of the Act is received by the police service; or (c) when evidence of illegal conduct by a police officer described in subsection 66(2) or 73(1.1) of the Act is obtained by the police service. 6(2) The police chief must provide the civilian director with the names of all designated notification officers. M.R. 31/2025 Serious incident notification process 6.1(1) Subject to subsection (3), when a serious incident occurs, a police officer at the scene of the incident must immediately notify a senior officer in the police service about the incident. 6.1(2) A senior officer who is notified of a serious incident under subsection (1) must immediately contact a designated notification officer and provide that officer with all information about the incident in their possession at the time. 6.1(3) If a designated notification officer is at the scene of a serious incident they may personally notify the independent investigation unit about the incident in accordance with section 6.3. M.R. 31/2025 Notice of complaint or evidence of illegal conduct 6.2(1) If a police officer receives a complaint described in subsection 66(1) or 73(1) of the Act or obtains evidence of conduct by a police officer described in subsection 66(2) or 73(1.1) of the Act they must immediately contact a designated notification officer and provide that officer with all information about the complaint or the evidence of illegal conduct in their possession. 6.2(2) If a designated notification officer is the subject of the complaint or may have engaged in the conduct set out in subsection (1), the police officer must contact a different designated notification officer. M.R. 31/2025 How notice to be provided to IIU 6.3 A designated notification officer who receives notice of a matter set out in section 6.1 or 6.2 must immediately notify the independent investigation unit by calling a telephone number that the civilian director has given to the police service and providing all information in their possession about the matter at the time of the call. M.R. 31/2025 Notification report 7(1) Within 24 hours after notifying the independent investigation unit under section 6.3, a designated notification officer must provide the civilian director with a fully completed notification report on a form provided by the civilian director. 7(2) If the designated notification officer is unable to provide any of the information required on the notification form, he or she must provide the civilian director with a revised notification report that contains the missing information as soon as it becomes available. M.R. 31/2025 8 [Repealed] M.R. 31/2025 Segregating officers 9(1) The police chief must, to the extent possible, ensure that all police officers who were involved in or present at a serious incident are segregated from each other until investigators have completed their interviews of those officers. 9(2) A police officer who was involved in or present at a serious incident must not communicate directly or indirectly about the incident with any other officer who was also involved in or present at the incident until investigators have completed their interviews. Duty to complete incident notes 9.1(1) A police officer must complete their incident notes as soon as possible but not later than 48 hours after the end of their shift. 9.1(2) In response to a written request from the police chief, the civilian director may, by written notice, extend the time for an officer to complete their incident notes. M.R. 31/2025 Witness officer incident notes 10(1) An investigator may make a written request to a police chief to provide the incident notes of a witness officer in relation to a matter that is the subject of an investigation by the independent investigation unit. 10(2) Subject to subsection (3), if an investigator requests the incident notes of a witness officer (a) the officer must provide their incident notes to their police chief not later than 24 hours after the request was made; and (b) the police chief must provide a copy of the incident notes to the investigator immediately upon receiving the incident notes. 10(3) In response to a written request from the police chief, the civilian director may, by written notice, extend the time for the incident notes to be provided to the investigator. M.R. 31/2025 Subject officer incident notes 11(1) A subject officer's incident notes must not be provided to an investigator or the civilian director by any other member of the police service. 11(2) A subject officer may voluntarily provide their incident notes to an investigator or the civilian director but a subject officer has no obligation to provide their incident notes to an investigator or the civilian director. M.R. 31/2025 Duty to provide additional records 11.1(1) An investigator may make a written request to a police chief to provide all records that are in the possession or control of the police service that may contain information on a matter that is the subject of an investigation by the independent investigation unit, other than the incident notes of a subject officer. 11.1(2) Subject to subsection (3), the police chief must provide the investigator with the requested records not later than 48 hours after the request was made by the investigator. 11.1(3) In response to a written request from the police chief, the civilian director may, by written notice, extend the time for the requested records to be provided to the investigator. 11.1(4) The police chief must provide the investigator with any additional records that are covered by a request under subsection (1) that are created or discovered after the request was made. 11.1(5) Without limiting the generality of the records that must be provided to an investigator, the records referred to in subsection (1) include (a) witness statements; (b) recordings of interviews; (c) recordings of emergency service calls; (d) occurrence reports, arrest reports, duty reports, logs and other reports or notes prepared by police officers; and (e) video and audio recordings that were produced or obtained from any source, including footage from body cameras worn by police officers. 11.1(6) The obligation to provide records requested under this section is in addition to the obligation to provide the incident notes of a witness officer under section 10. M.R. 31/2025 Interviews with officers or police associates 12(1) An investigator may make a written request to a police chief to interview a police officer or police associate. The request must set out the time and location of the interview. 12(2) A subject officer is not required to be interviewed by an investigator, but the officer may voluntarily agree to be interviewed. 12(3) Subject to subsection (4), an interview with a witness officer or police associate must take place at the time and location specified in the request. 12(4) In response to a written request from the police chief, the civilian director may, by written notice, postpone an interview to a later time specified in the notice or change the location of an interview. M.R. 31/2025 Interviews with prescribed person 12.1(1) An investigator may make a written request to the supervisor of a prescribed person set out in subsection 1(3) to interview the prescribed person. The request must set out the time and location of the interview. 12.1(2) Subject to subsection (3), an interview with the prescribed person must take place at the time and location specified in the request. 12.1(3) In response to a written request from the supervisor of the prescribed person, the civilian director may, by written notice, postpone an interview to a later time specified in the notice or change the location of an interview. M.R. 31/2025 Recording interviews 13 All interviews of a police officer must be videotaped or audiotaped. Officer status 14(1) Before a request is made for an interview with a police officer or an officer's incident notes, the civilian director must advise the police chief and police officer in writing whether the officer is considered to be a subject officer or a witness officer. 14(2) The civilian director must provide written notice to the police chief and the officer if he or she determines that (a) the officer who was previously considered to be a subject officer is now considered to be a witness officer; or (b) the officer who was previously considered to be a witness officer is now considered to be a subject officer. 14(3) If, after interviews have been conducted or incident notes have been obtained from an officer when the officer was considered to be a witness officer, the civilian director determines that the officer is a subject officer, the civilian director must (a) give the police chief the original record of the interview and all copies of the interview; and (b) give the police chief the officer's incident notes and all copies of the officer's incident notes. M.R. 31/2025 Omissions from report 14.1 If an investigation involves any alleged conduct of a sexual nature, the civilian director must omit from the investigation report any information about the location of the conduct or the specific facts respecting the conduct if that information might reveal the identity of a victim of that conduct. M.R. 31/2025 Information about subject officer 14.2 If requested by the civilian director, the police chief must provide the subject officer's full name and date of birth. M.R. 31/2025 Coming into force 15 This regulation comes into force on the same day that sections 56 to 66, sections 69 to 77, section 90, clauses 91(1)⁠(e) and (f) and section 104 of The Police Services Act , S.M. 2009, c. 32, come into force.