Police Equipment Regulation

Police Equipment Regulation, M.R. 147/93 The Police Services Act , C.C.S.M. c. P94.5 Regulation 147/93 Registered August 3, 1993 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS AND APPLICATION 1 Definitions 2 Application PART 2 FIREARMS 3 Police may carry only authorized firearm 4 Handguns 5 Rifles and shotguns PART 3 TRANSPORTATION OF FIREARMS; AMMUNITION AND HOLSTERS 6 Transportation of rifles and shotguns 7 Ammunition for handgun 8 Holsters PART 4 FIREARMS TRAINING 9 Chief of police to ensure training 10 Training required 11 Approved courses 12 Records and disclosure PART 5 EMERGENCY TEAMS 13 Equipment and training PART 6 USE OF FIREARMS 14 Drawing of firearm 15 When firearm may be discharged 16 Exception for training and maintenance PART 7 REPORT AND INVESTIGATION OF DISCHARGE OF FIREARM 17 Report by member 18 Report by chief of police 19 Records and disclosure 20 Report of commission on death or injury 21 Review by minister 22 Annual statistical report PART 8 OTHER EQUIPMENT 23 Aerosol weapon 24 Baton 25 Handcuffs 26 Body protectors PART 1 DEFINITIONS AND APPLICATION Definitions 1 In this regulation, "Act" means The Provincial Police Act ; («  Loi  ») "ammunition" means a projectile that is intended for use with a firearm; (« munition ») "chief of police" includes (a) a chief constable, an acting chief of police and an acting chief constable, and (b) where no person in a police department is designated as the chief of police, the police commission; (« chef de police ») "firearm" means a firearm as defined in section 84 of the Criminal Code (Canada); («  arme à feu ») "handgun" means a firearm that is designed to be fired with one hand; (« arme de poing ») "major police department" means a police department that is responsible for the enforcement of the law in an area that has a population of 10,000 people or more; (« service de police important ») "member" means a member of a police department who has the powers of a peace officer, and includes the chief of police; («  membre ») "police commission" means a police commission as defined in subsection 26(1) of the Act; (« commission de police ») "rifle" means a firearm that has a rifled barrel and that is designed (a) to fire a single projectile, and (b) to be fired from the shoulder; (« carabine ») "shotgun" means a firearm that has a smooth bore used to fire a slug or charge of shot and that is designed to be fired from the shoulder, and includes a shotgun with a folding stock. (« fusil ») Application 2 This regulation applies to any police department established under a statute of the province and, with necessary modifications, to every member of the police department of the Dakota Ojibway Tribal Council appointed as a special constable under section 9 of the Act. PART 2 FIREARMS Police may carry only authorized firearm 3(1) A chief of police of a police department shall not issue or authorize the issuance, carrying or use of a firearm by a member of the police department unless the firearm is authorized under this Part. Member may carry only authorized firearm 3(2) A member shall not carry or use a firearm for the purposes of his or her duties or employment unless the firearm is authorized under this Part. Minister may authorize firearm 3(3) The minister may authorize a member to carry a firearm that is not otherwise authorized under this Part, and ammunition for the firearm, where the minister is satisfied (a) with the training the member has received in respect of the firearm; and (b) that the firearm is reasonably necessary for the purpose of the duties or employment of the member. HANDGUNS Authorized handgun 4(1) Subject to subsections (3) and (4), a .38 special calibre revolver with the following characteristics is an authorized handgun under this Part: (a) all steel construction; (b) double action; (c) blue finish, or stainless steel; (d) a safety hammer block; (e) a swing-out cylinder; (f) a single action trigger force that is not less than 1.36 kg (three pounds) and no more than 2.26 kg (five pounds); (g) a barrel that is not less than 51 mm (2 inches) or more than 127 mm (5 inches) in length. Member to maintain handgun 4(2) A member who is authorized to carry a handgun under this regulation shall maintain the handgun in accordance with the specifications of the manufacturer of the handgun. Police chief to establish maintenance procedures 4(3) The chief of police of every police department shall establish procedures to ensure that every member of the police department who is authorized under this regulation to carry a handgun maintains the handgun in accordance with the specifications of the manufacturer of the handgun. Member may request use of own registered handgun 4(4) Where a member, other than a chief of police, is the owner of a handgun that conforms with subsection (1) and that is registered under the Criminal Code (Canada), the chief of the police department, on receipt of a request in writing from the member, may authorize him or her to carry the handgun while the member performs his or her duties or employment. Police chief may request use of own registered handgun 4(5) Where a chief of police is the owner of a handgun that conforms with (1) and that is registered under the Criminal Code (Canada), the police commission may, on receipt of a request in writing from the chief of police, authorize the chief of police to carry the handgun while performing his or her duties or employment. RIFLES AND SHOTGUNS Authorization of rifles for major police department 5(1) Subject to Part 4 (firearms training), the chief of police of a major police department may issue rifles to members of the major police department. Authorization of other police departments 5(2) A police commission that receives a request from the chief of police of a police department, other than a major police department, to issue rifles to members of the police department may request the minister to authorize the issuance of rifles to the members of the police department. Authorization by minister 5(3) Upon receipt of a request under subsection (2), the minister may authorize the issuance of rifles to members of the police department, subject to such terms or conditions as the minister considers necessary or advisable. Rifle not to exceed .30 calibre range 5(4) A rifle authorized or issued under this section must not exceed the .30 calibre range. Authorization of shotguns for police department 5(5) Subject to subsection (6) and Part 4 (firearm training), the chief of police of a police department may issue shotguns to members of the police department. Authorized shotgun 5(6) A chief of police shall not issue a shotgun under subsection (5) unless the shotgun (a) is 12 gauge and of law enforcement design; (b) has pump action; and (c) has a barrel that is not less than 45.7 cm (18 inches) in length. Member to maintain rife or shotgun 5(7) A member who is authorized to carry a rifle or shotgun under this regulation shall maintain it in accordance with the specifications of the manufacturer of the rifle or shotgun. Police chief to establish maintenance procedures 5(8) The chief of police of every police department shall establish procedures to ensure that every member of the police department who is authorized under this regulation to carry a rifle or shotgun maintains it in accordance with the specifications of the manufacturer of the rifle or shotgun. PART 3 TRANSPORTATION OF FIREARMS; AMMUNITION AND HOLSTERS Transportation of rifles and shotguns 6 A member, other than a member designated under subsection 13(1) as a member of an emergency team, who carries a shotgun or rifle in a police vehicle shall keep the shotgun or rifle locked in a gunlock/holder designed for the controlled transportation of long-barrelled firearms, or in a secure container in the locked trunk of the vehicle. AMMUNITION Only authorized ammunition to be used 7(1) No member shall, in the performance of his or her duties or employment, use ammunition in a handgun authorized under section 4 other than ammunition that is authorized under subsection (2). Authorized ammunition for handguns 7(2) Ammunition supplied for and used in a handgun that is authorized under section 4 must be (a) factory loaded; and (b) at the discretion of the chief of police, (i) .38 special calibre + P.158 grain bullets of lead alloy with a semi-wadcutter configuration; or (ii) .38 special calibre + P.125 grain jacketed hollow point bullets. Exception for training and practice 7(3) Notwithstanding subsections (1) and (2), a member of a police department may use ammunition other than ammunition authorized under subsection (2) in a handgun during training or practice that is authorized by the chief of police of the police department. HOLSTERS Holster to be approved by chief of police 8(1) A member shall, while carrying a handgun in the performance of his or her duties or employment, be equipped with a security holster designed for the handgun and approved by the chief of police. Holster for special assignment 8(2) Notwithstanding subsection (1), a chief of police who is satisfied that a holster other than a security holster is required for a special assignment may authorize the use of a holster that he or she considers appropriate for the assignment. PART 4 FIREARMS TRAINING Chief to ensure training before firearm issued 9 Subject to subsection 10(2), the chief of police of a police department shall ensure that that no person issues a firearm to a member of the police department to carry while in the performance of his or her duties or employment unless the member has in the previous 12 months successfully completed a course that is approved under section 11 and that relates to the firearm. Member required to complete training course 10(1) Subject to subsection (2), no member shall carry or use a firearm other than a firearm in respect of which he or she has in the previous 12 months successfully completed a course that is approved under section 11. Minister may extend time period for training 10(2) The minister may in writing extend the time period referred to in subsection (1) by not more than six months for members of a police department, where the minister is satisfied that it is not reasonably possible to provide a course for all members of the police department in each year. Approved courses 11(1) A course that is offered by the Winnipeg Police Department, the Brandon Police Department or the Royal Canadian Mounted Police in the use of handguns, shotguns or rifles is an approved course. Chief of police to advise minister on training 11(2) The chief of police of a police department that is not referred to in subsection (1) shall, within 90 days of the coming into force of this regulation, (a) provide the minister with a detailed description of any course it provides, or proposes to provide, respecting the use of firearms for approval by the minister; or (b) adopt, and advise the minister in writing of the adoption of, a course referred to in subsection (1). Minister may approve course 11(3) Where the minister receives a detailed description of a course under clause (2)⁠(a), the minister may approve the course for the purpose of this regulation. Records and disclosure respecting training 12(1) A chief of police shall ensure that for each member of the police department who enrols in a course in the use of a firearm, the following records are obtained and preserved: (a) the name, qualifications and employer of the person who conducts the course; (b) the course training standard used; (c) the date, time and length of the course; (d) each test conducted; (e) the result of each test; and (f) the final evaluation of the member. Minister may inspect record 12(2) The minister may inspect the records referred to in subsection (1) at any reasonable time and shall on request be provided a copy of the records free of charge. PART 5 EMERGENCY TEAMS Chief of major department may designate emergency team 13(1) Notwithstanding Parts 2 and 3, the chief of police of a major police department may designate members of the police department as an emergency team and may, subject to subsection (2), authorize the designated members to carry any firearm or other equipment in the performance of their duties and employment as an emergency team that, in the opinion of the chief of police, is or might be required by the designated members to respond to emergency situations. Chief of police to ensure training 13(2) A chief of police shall not authorize a member to carry a firearm or other equipment under subsection (1) unless the chief of police is satisfied that the member is trained and skilled in the use of the firearm or equipment. Minister may authorize other department to acquire firearms 13(3) The minister may in writing authorize a police department other than a major police department to acquire firearms and ammunition that is not authorized under Parts 2 and 3 and other equipment that, in the opinion of the minister, is appropriate for responding to emergency situations, and the chief of police of the police department may issue any of the equipment to a member of the police department in an emergency situation, if the chief of police is satisfied that the member is trained and skilled in the use of the equipment in an emergency situation. PART 6 USE OF FIREARMS Drawing of firearm 14 No member shall in the performance of his or her duties or employment draw a firearm unless he or she believes on reasonable grounds that drawing the firearm is necessary (a) to preserve the life of, or prevent bodily harm to, the member or another person; (b) to apprehend or detain a person that the member has reasonable grounds to believe is dangerous; or (c) for the purpose of clause 15(1)⁠(b). When firearm may be discharged 15(1) A member shall not discharge a firearm while in the performance of his or her duties or employment unless the member has reasonable grounds to believe that it is necessary (a) to preserve the life of, or prevent bodily harm to, the member or another person; or (b) to destroy an animal that, in the opinion of the member or a veterinarian, (i) is dangerous or potentially dangerous to a person or persons, or (ii) is so severely injured as to require the animal to be disposed of; or (c) to enforce a municipal by-law or band by-law. Discharge of firearm at or from vehicle 15(2) No member shall in the performance of his or her duties or employment discharge a firearm at or from a moving vehicle unless the member has reasonable grounds to believe that it is necessary to protect the life of the member or of another person. Exceptions for training and maintenance 16 Sections 14 and 15 do not apply to a member who is engaged in target practice, a course relating to the use of a firearm, or the maintenance of a firearm. PART 7 REPORT AND INVESTIGATION OF DISCHARGE OF FIREARM Report by member, other than chief of police 17 If a member of a police department, other than a chief of police, discharges a firearm in the performance of his or her duties or employment for a purpose other than is referred to in clause 15(1)⁠(b) and section 16, (a) the member shall without delay submit a written report to his or her supervisor setting out the material facts respecting the discharge of the firearm; and (b) the chief of police of the police department shall without delay (i) cause an investigation to be made into the material facts respecting the discharge, (ii) prepare or cause to be prepared a written report setting out the material facts, and (iii) submit a written report to the minister and the appropriate police commission setting out the material facts respecting the discharge; and the chief of police shall retain a copy of the reports for not less than five years from the day the report is received. Report where chief discharges firearm 18 If a chief of police discharges a firearm in the performance of his or her duties or employment for a purpose other than is referred to in clause 15(1)⁠(b) and section 16, (a) the chief of police shall without delay submit a written report to the minister and the appropriate police commission setting out the material facts respecting the discharge; and (b) the police commission shall without delay (i) cause an investigation to be made into the material facts respecting the discharge of the firearm, and (ii) cause a written report to be prepared setting out the material facts; and the police commission shall retain a copy of each report for not less than five years from the day the report is received. Records and disclosure 19 The minister may at any reasonable time inspect the records referred to in sections 17 and 18, and any document, exhibit or other materials relating to an investigation under section 17 or 18, and shall on request be provided with a copy of the materials, free of charge. Report of police commission on death or injury 20 If the discharge of a firearm by a member or a chief of police in the performance of his or her duties or employment results in the death or injury of a person, the police commission shall as soon as practicable (a) cause a written report to be prepared setting out the material facts respecting the discharge of the firearm; (b) submit a copy of the report to the minister; and (c) cause the investigation and the report to be reviewed by a major police department that is not otherwise involved in the matter. Review of report by minister 21 After reviewing a report prepared under section 20, the minister may require any further investigation or report and make any recommendation that he or she considers necessary or advisable. Annual statistical report 22(1) Every chief of police of a police department shall submit to the minister, within 30 days of the end of each year, a report respecting any discharge of a firearm, other than under clause 15(1)⁠(b) and section 16, during the year by a member of the police department. Content of annual report 22(2) A chief of police shall include the following information respecting each discharge of a firearm referred to in a report under subsection (1): (a) the type of firearm used; (b) the number of shots fired from each firearm; (c) the number of members who discharged a firearm. Report where no discharge of firearm 22(3) Where no member of a police department has discharged a firearm within the year, the chief of police of the police department shall submit a report under subsection (1) to the minister to that effect. PART 8 OTHER EQUIPMENT Definition 23(1) In this section, "aerosol weapon" means a device from which a substance can be propelled as a spray for the purpose of incapacitating an individual. Aerosol weapons 23(2) The minister may authorize a chief of police of a police department to issue an aerosol weapon to members of the police department if the minister is satisfied that (a) issuing the aerosol weapon is necessary or advisable; and (b) any member to whom the aerosol weapon is issued has been trained and is skilled in its proper use. Baton 24 No member of a police department may carry a baton unless (a) the member has successfully completed a training course given by a major police department in the proper use of the baton; (b) the baton is of a defensive type; and (c) the chief of police of the police department authorizes the member to carry the baton. Handcuffs 25 The chief of police of a police department may authorize the issuance of handcuffs to a member of the police department who has successfully completed a course approved under section 11 respecting the proper use of handcuffs. Body protectors 26 Every police commission shall ensure that a reasonable supply of body protectors, of a type that is approved by the minister or the chief of police of the police department, is available for use by members of the police department.