The Emergency 911 Public Safety Answering Point Act

The Emergency 911 Public Safety Answering Point Act, C.C.S.M. c. E85 (Assented to June 28, 1997) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: bilingual version (HTML) Table of Contents Section 1 Definitions 2 PSAP service licence required 3 Licence applications 4 Term of licence 5 Suspension of licences 6 Right of appeal 7 Exclusion from liability 8 Definitions 9 Delegation by minister 10 Restriction on use of information 11 Penalties 12 Regulations 13 Transitional 13.1 C.C.S.M. reference 14 Coming into force Definitions 1 In this Act, "board" means The Public Utilities Board; (« Régie ») "emergency communication" means a telephone call or other communication made to a public safety answering point by dialling "911" or by another means supported by the public safety answering point; (« communication d'urgence ») "emergency service provider" means (a) the Royal Canadian Mounted Police or a police service established or continued under The Police Services Act ; (b) a fire department or fire protection service organized to serve any area of the province or a fire guardian under The Wildfires Act , (c) an ambulance service provided in accordance with The Ambulance Services Act or an ambulance service or local emergency response control group established by a municipality or local government district, and (d) such other person or service as may be designated by the minister; (« fournisseur de services d'urgence ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of The Emergency Measures Act ; (« ministre ») "PSAP service" means a service or organization that operates a public safety answering point for any area of the province; (« service CRCU ») "public safety answering point" means a communication centre that receives emergency communications and directs those communications to emergency service providers. (« centre de réception des communications d'urgence ») S.M. 2004, c. 42, s. 25 ; S.M. 2006, c. 19, s. 47 ; S.M. 2009, c. 32, s. 97 ; S.M. 2021, c. 45, s. 15 . PSAP service licence required 2 No person or organization shall operate the business or undertaking of a PSAP service except under a valid and subsisting licence issued in accordance with this Act and the regulations. Licence applications 3(1) An application for a licence under this section shall be made on a form approved by the minister. Issue of licences 3(2) The minister, (a) if satisfied that it is not against the public interest to do so, may issue a licence to any applicant who (i) meets the standards or requirements, (ii) possesses the qualifications, and (iii) pays the fees, prescribed by the regulations; or (b) may refuse to issue a licence. Issue of provisional licences 3(3) Where (a) an applicant for a licence does not meet one or more prescribed standard or requirement, or does not possess one or more prescribed qualification; or (b) the minister has been unable through no fault of the applicant to determine whether or not the applicant meets such standards or requirements or possesses such qualifications; the minister, if satisfied that it is not against the public interest to do so, may issue a provisional licence to the applicant subject to such conditions as to subsequent compliance with the standards or requirements or subsequent attainment of the qualifications as the minister considers appropriate, and upon the issue of the licence the applicant shall observe those conditions. Conditions of licence 3(4) The minister may issue a licence subject to any terms and conditions that the minister considers appropriate, and the holder of the licence shall observe those conditions. Term of licence 4(1) The term of a licence issued under this Act shall be prescribed by regulation. Minister may issue licence for shorter term 4(2) Notwithstanding subsection (1), the minister may issue a licence for a shorter period than that prescribed where the minister considers it to be in the public interest to do so. Suspension of licences 5 The minister may cancel or suspend, for such period of time as the minister considers necessary or until a specified condition is met, a licence, where the holder (a) has contravened or failed to observe a provision of this Act, a regulation or a term or condition of the licence; or (b) knowingly made a false or misleading statement or entry in the application for the licence or in any record or report required to be kept or made under this Act, a regulation or a term or condition of the licence; or for any other cause the minister considers sufficient. Right of appeal 6(1) A person who has been refused a licence under this Act or whose licence has been suspended or cancelled under this Act may appeal to the board by mailing or delivering a notice of appeal setting out the grounds for appeal to the board, not more than 30 days after the date on which the appellant receives notice of the refusal, suspension or cancellation. Notice to minister 6(2) The board shall promptly provide a copy of the notice of appeal to the minister. Informal proceedings 6(3) An appeal shall be conducted on an informal basis, and the board is not bound by the rules of law respecting evidence applicable to judicial proceedings. Panels 6(4) The board may appoint a panel of not less than three of its members for the purpose of considering an appeal, and a decision of a majority on the panel is the decision of the board. Continuation after loss of panel member 6(5) If, after a panel has commenced considering an appeal, a member of the panel dies, resigns or otherwise becomes incapable of acting, the remaining members of the panel may complete the appeal and render a decision, and the decision is valid as though the remaining members constituted a full panel. Powers of board on appeal 6(6) On considering an appeal, the board may (a) confirm, set aside or vary the refusal, suspension or cancellation in accordance with this Act and the regulations; or (b) refer the matter back to the minister for further consideration in accordance with the board's instructions. Exclusion from liability 7(1) No claim shall be made against and no action lies or shall be instituted against the province, the minister, a municipality, a local government district, an emergency service provider, a licensed PSAP service operated on a non-profit basis or an employee or a volunteer engaged by any of them for any loss, damage or injury, up to and including death, suffered by any person by reason of anything in good faith done or omitted to be done by any of them in (a) responding to an emergency communication; (b) acting at the request of an emergency service provider who is responding to an emergency communication; (c) operating a public safety answering point; or (d) carrying out any responsibility or duty or exercising any power under this Act. Further exclusion from liability 7(2) No claim shall be made against and no action lies or shall be instituted against an employee or a volunteer engaged by a licensed PSAP service operated on a for-profit basis for any loss, damage or injury, up to and including death, suffered by any person by reason of anything in good faith done or omitted to be done by the employee or volunteer in (a) responding to an emergency communication; (b) acting at the request of an emergency service provider who is responding to an emergency communication; (c) operating a public safety answering point; or (d) carrying out any responsibility or duty or exercising any power under this Act. Non-application to for-profit PSAP service 7(3) For greater certainty, subsections (1) and (2) do not apply to a PSAP service operated on a for-profit basis or to its principals, officers and directors. S.M. 2021, c. 45, s. 15 . Definitions 8(1) In this section, "ADAD" means an automatic dialing/announcing device; (« DCAA ») "automatic alarm system" means any mechanical, electrical or electronic device that transmits a telephone signal when actuated and (a) that is designed or used for the detection of an unlawful act in, or unauthorized entry into, a building, structure, facility or vehicle, (b) that is designed or used for the detection of a fire or other dangerous condition in a building, structure, facility or vehicle, or (c) that is designed or used to detect, and produce a signal or warning of, a medical or other emergency (i) in a place, or (ii) relating to one or more persons; (« système automatique d'alarme ») "automatic dialing/announcing device" means any equipment incorporating the capability of storing or producing telephone numbers to be called, used alone or in conjunction with other equipment to convey a prerecorded voice message to the telephone number called. (« dispositif de composition et d'annonce automatique ») Offences 8(2) No person shall (a) connect an automatic alarm system to a public safety answering point; (b) connect an ADAD to, or use an ADAD to contact, a public safety answering point; or (c) use or permit another person to use a telephone or other communication device to make a false, frivolous or vexatious emergency communication. S.M. 2021, c. 45, s. 15 . Delegation by minister 9 The minister may delegate to another person a power or duty conferred or imposed on the minister by this Act or the regulations. Restriction on use of information 10(1) Subject to subsection (2), all personal information received by a PSAP service about a person (a) making an emergency communication in good faith; or (b) for whose benefit an emergency communication is made; is confidential and no person shall make use of or disclose any such information except as may be necessary for the safe and effective operation of the public safety answering point and in a manner which respects to the greatest degree possible the privacy of the persons referred to clauses (a) and (b). Exception re offences or breaches 10(2) Subsection (1) does not apply to the disclosure to a law enforcement agency in good faith of information about a person in relation to an offence under or a breach of this Act or the regulations. Conflict of interest 10(3) No employee or volunteer engaged by a licensed PSAP service shall use his or her position to benefit a corporation or agency with which that person is associated in a financial capacity. S.M. 2021, c. 45, s. 15 . Penalties 11 Any person who contravenes any provision of this Act or the regulations is guilty of an offence and is liable on summary conviction (a) for a first offence, to a fine not exceeding $2,000. or in default to a term of imprisonment not exceeding six months; and (b) for each subsequent offence, to a fine not exceeding $5,000. or in default to a term of imprisonment not exceeding one year. Regulations 12 The Lieutenant Governor in Council may make regulations (a) establishing standards for PSAP services; (b) prescribing the equipment and other apparatus with which a PSAP service shall be equipped and establishing standards for the equipment and apparatus; (c) respecting standards in relation to the training and certification of employees and volunteers of a public safety answering point; (d) prescribing qualifications and other requirements that an applicant for a licence must possess or comply with; (e) prescribing fees that shall be payable for the issue of a licence; (f) respecting services and functions to be performed by a PSAP service for the purposes of the safe and effective operation of the public safety answering point; (g) respecting services and functions to be required of emergency service providers by a PSAP service for the safe and effective operation of the public safety answering point; (h) respecting procedures to be followed by a PSAP service to monitor and evaluate the operation of the public safety answering point; (i) respecting procedures to be required of emergency service providers by a PSAP service to monitor and evaluate the operation of the public safety answering point; (j) requiring an emergency service provider to give advanced notice to a PSAP service of any change to the operational procedures of the emergency service provider that might impact on the safe and effective operation of the public safety answering service and respecting the manner, form and time in which such notice is to be given; (k) respecting appeals under section 6; (l) defining, enlarging or restricting the meaning of any word or expression used, but not defined, in this Act; (m) prescribing any matter or thing that is required or authorized by this Act to be prescribed by regulation; (n) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act. Transitional 13 On the coming into force of this Act, The City of Winnipeg and The City of Brandon shall be deemed to hold valid and subsisting PSAP service licences subject to this Act. C.C.S.M. reference 13.1 This Act may be referred to as chapter E85 of the Continuing Consolidation of the Statutes of Manitoba . S.M. 1998, c. 45, s. 6 . Coming into force 14 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1997, c. 19 , was proclaimed in force May 1, 2005.