First Nation Safety Officers Regulation

First Nation Safety Officers Regulation, M.R. 229/2015 The Police Services Act , C.C.S.M. c. P94.5 Regulation 229/2015 Registered December 30, 2015 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Qualifications 3 Required training 4 Additional enforcement powers 5 Additional duties and powers 6 Repealed 7 Restrictions 8 Additional equipment 8.1 Notice to local policing authority 9 Coming into force Schedule Definitions 1 The following definitions apply in this regulation. "Act" means The Police Services Act. («  Loi  ») "additional powers" means (a) the enforcement of a provision of an enactment set out in the Schedule to this regulation; and (b) the performance of a duty or the exercise of a power set out in section 5. (« pouvoirs supplémentaires ») "aerosol weapon" means a device from which a substance can be propelled as a spray for the purpose of incapacitating a person. (« arme-aérosol ») "operating agreement" means the agreement entered into under section 77.12 of the Act that authorizes a First Nation or an entity representing a group of First Nations to operate a First Nation safety officer program. (« entente de fonctionnement ») M.R. 6/2024 Qualifications 2 A person is eligible for appointment as a First Nation safety officer if he or she (a) is 18 years of age or over; (b) is a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada); and (c) holds a valid class 5 driver's licence. Required training 3(1) A First Nation safety officer must receive training respecting the following: (a) public safety and crime prevention; (b) victims' services and social services; (c) enforcement of provincial enactments; (d) searches and seizures, detentions and arrests; (e) use of force and officer safety; (f) note-taking, report writing, interview basics and court preparation; (g) use of the equipment set out in section 8; (h) crisis response tactics and strategies; (i) road safety and traffic enforcement; (j) Indigenous awareness and community diversity. 3(2) The training set out in subsection (1) may be provided by one or more of the following: (a) the Royal Canadian Mounted Police; (b) the Winnipeg Police Service; (c) the Brandon Police Service; (d) the Manitoba Department of Justice; (d.1) Assiniboine Community College; (e) a service provider that has been approved by the director. M.R. 6/2024 Additional enforcement powers 4 A First Nation safety officer may enforce the provisions of the enactments set out in the Schedule to this regulation. M.R. 128/2018 ; 35/2020 ; 89/2023 ; 141/2023 ; 6/2024 Additional duties and powers 5 A First Nation safety officer may perform the following duties and exercise the following powers: (a) directing traffic under subsection 76(1) of The Highway Traffic Act ; (b) stopping vehicles under subsection 76.1(1) of The Highway Traffic Act ; (c) requiring production of documentation under clauses 76.1(4)⁠(a) to (c) of The Highway Traffic Act ; (c.1) inspecting equipment on a vehicle or bicycle under subsection 65(1) of The Highway Traffic Act ; (c.2) removing an unsafe vehicle from a highway under subsection 66(1) of The Highway Traffic Act ; (c.3) weighing a vehicle under subsection 72(1) of The Highway Traffic Act ; (c.4) conducting a field sobriety test under subsection 76.2(1) of The Highway Traffic Act ; (c.5) requesting the surrender of a driver's licence under subsection 265(2) or (2.1) of The Highway Traffic Act ; (c.6) stopping an off-road vehicle under subsection 22(5) or 30.1(2) of The Off-Road Vehicles Act ; (d) [repealed] M.R. 102/2025 ; (e) taking a person into custody for an involuntary medical examination under section 12 of The Mental Health Act or staying with a person who has been taken into custody for an involuntary medical examination or an involuntary psychiatric assessment under subsection 15(1) of The Mental Health Act ; (f) apprehending children under section 53 of The Child and Family Services Act ; (g) [repealed] M.R. 141/2023 . M.R. 128/2018 ; 89/2023 ; 141/2023 ; 6/2024 ; 102/2025 6 [Repealed] M.R. 89/2023 Restrictions 7 A First Nation safety officer who exercises additional powers under this regulation is subject to the following restrictions: (a) the officer may exercise the additional powers only within the area specified in the operating agreement, except the power set out in clause 5(e); (b) the officer may exercise the additional powers only when he or she is on duty; (c) [repealed] M.R. 6/2024 . M.R. 6/2024 Additional equipment 8 A First Nation safety officer may carry and use the following equipment while on duty: (a) handcuffs; (b) a defensive baton; (c) an aerosol weapon; if he or she has received training in the use of that equipment by an entity set out in subsection 3(2). Notice to local policing authority 8.1(1) If a First Nation safety officer detains a person who poses a safety threat under subsection 77.14(3) of the Act, the officer must, as soon as reasonably practicable, notify the local policing authority (a) after the person is detained; and (b) if the officer has ended the detention because the person no longer poses a safety threat. 8.1(2) If a First Nation safety officer takes a person into custody for an involuntary medical examination under section 12 of The Mental Health Act , the officer must notify the local policing authority as soon as reasonably practicable after the person is taken into custody. M.R. 6/2024 Coming into force 9 This regulation comes into force on the same day that The Police Services Amendment Act (First Nation Safety Officers) , S.M. 2015, c. 3, comes into force. SCHEDULE (Section 4) ADDITIONAL ENFORCEMENT POWERS A First Nation safety officer may enforce the provisions of the enactments set out below: 1. The Highway Traffic Act Sections 26.4, 75, 85, 113, 114, 115, 119, 124.5, 132, 138, 145, 147, 191, 192, 193, 222, 225 and 226 Subsections 4.2(1), 4.25(1.1), 61(2), 65(2), 68(4) and (4.1), 72(10), 76(3), 77(11), 88(1), (2), (7), (9) and (10), 95(1) and (2), 109(2), 109.1(2), 117(1), 122(1), 124(1), 127(2), 133(1), 134(2) and (3), 137(2), 139(2), 140(1) and (2), 141(5), 145.1(2) and (3), 173(1), 179(1), 182(3) and (4), 183(1) and (1.1), 186(3), (6) and (9), 186.1(1), 188(2), 189(1), 199(1), 203(1), 215.1(2) and 221(1) 2. The Liquor, Gaming and Cannabis Control Act Sections 28, 55, 63, 101.17 and 101.18 Subsections 31(1), 57(1), 60(1), 61(1), 62(1), 64(1) and 75(4) and (5) 3. The Minors Intoxicating Substances Control Act Subsections 3(1) and (2) 4. The Off-Road Vehicles Act Sections 3, 22, 27, 30, 31, 31.1, 41 and 42 Subsections 23(1), 26(2) and (4), 28(1), 29(1), 30.1(1) and 33(1) 5. The Public Health Act Section 99 6. The Smoking and Vapour Products Control Act Section 5.2 7. The Trespass Act Subsection 1(1) M.R. 6/2024 ; 42/2024