The Legislative Security Act

The Legislative Security Act, C.C.S.M. c. L122 (Assented to June 2, 2017) bilingual version (HTML) Table of Contents Section 1 Definitions 2 Speaker responsible for security for Assembly 3 Repealed 4 Chief legislative security officer 4.1 Role of chief legislative security officer 5 Legislative security officers 5.1 Command of security officers 6 Security measures at Legislative Building 7 Evicting persons creating security risk 8 Security officer may use reasonable force 9 Information-sharing agreements 10 Arrangements with police services 11 Powers and privileges protected 11.1 Prohibited activities 11.2 Regulations 12-13 Consequential and related amendments 14 C.C.S.M. reference 15 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS Definitions 1 The following definitions apply in this Act. "chief legislative security officer" means the person appointed as chief legislative security officer under section 4. (« chef de la sécurité de la Cité législative ») "legislative precinct" means (a) the area bounded by Broadway, Kennedy Street, Assiniboine Avenue and Osborne Street North; and (b) the area bounded by Broadway, Osborne Street North, York Avenue and Memorial Boulevard; in the City of Winnipeg. (« Cité législative ») "security officer" means a person designated as a legislative security officer under section 5. (« agent de sécurité ») "Speaker" means the Speaker of the Legislative Assembly. (« président ») "weapon" means (a) a firearm as defined in the Criminal Code (Canada); (b) a bomb or explosive device, or any component or ingredient of a bomb or explosive device; or (c) anything that could be used to cause death or bodily harm to a person or to threaten or intimidate a person. (« arme ») S.M. 2022, c. 16, s. 2 ; S.M. 2023, c. 15, s. 2 . RESPONSIBILITY FOR SECURITY Speaker responsible for security for Assembly 2 As custodian of the powers, privileges, rights and immunities of the Legislative Assembly, the Speaker is responsible for security for the Legislative Assembly. 3 [Repealed] S.M. 2022, c. 16, s. 4 . Chief legislative security officer 4 A chief legislative security officer is to be appointed under Part 3 of The Public Service Act . S.M. 2022, c. 16, s. 5 . Role of chief legislative security officer 4.1(1) Under the general policy direction of the Speaker and the Minister of Justice, the chief legislative security officer is responsible for leading security operations in the legislative precinct. Responsibility for security measures and operations 4.1(2) The chief legislative security officer is responsible for designing security measures for the legislative precinct and implementing security operations in the legislative precinct. Response to security threats 4.1(3) The chief legislative security officer is responsible for determining the measures to be taken in response to any threat to security that takes place in the legislative precinct. S.M. 2022, c. 16, s. 6 . Legislative security officers 5(1) The chief legislative security officer may designate a person or a class of persons as legislative security officers. Role 5(2) Security officers are responsible for providing security services within the legislative precinct in accordance with directions from the chief legislative security officer and for enforcing regulations made under subsection 11.1(1). Security for MLAs and government officials 5(2.1) Security officers may provide security services to members of the Legislative Assembly and government officials outside of the legislative precinct when directed by the chief legislative security officer. Peace officer status 5(3) A security officer has the powers and protections of a peace officer while carrying out his or her duties and functions under this Act. S.M. 2022, c. 16, s. 7 . Command of security officers 5.1 The chief legislative security officer is responsible for the command and management of all security officers. S.M. 2022, c. 16, s. 8 . SECURITY MEASURES Weapons prohibited 6(1) A person must not possess a weapon in the Legislative Building, unless authorized to do so by a security officer. Security measures on entry to Legislative Building 6(2) A security officer may require a person entering the Legislative Building to verify his or her identity and be screened for weapons. Security officer may refuse entry or evict 6(3) A security officer may refuse a person entry to the Legislative Building or evict a person from the Legislative Building if the person (a) refuses to verify his or her identity; (b) refuses to be screened for weapons; or (c) is in possession of a weapon without authorization from a security officer. Seizure of weapon 6(4) A security officer may seize a weapon from a person in the Legislative Building if the person has not been authorized to possess the weapon by a security officer. Evicting persons creating security risk 7(1) A security officer may evict a person from the legislative precinct if the person is engaging in conduct that threatens safety in the legislative precinct or interferes with the operation of the Legislative Assembly. Evicting persons who may pose security risk 7(2) A security officer may refuse a person entry to the legislative precinct or evict a person from the legislative precinct if the officer has reasonable grounds to believe that the person may threaten safety in the legislative precinct or interfere with the operation of the Legislative Assembly. Evicting persons failing to comply with reasonable safety request 7(3) A security officer may evict a person from the legislative precinct if the person fails to comply with a reasonable request from a security officer that is intended to ensure safety in the legislative precinct or the normal operation of the Legislative Assembly. Evicting persons who contravene regulations 7(4) A security officer may evict a person from the legislative precinct if the person is contravening a regulation made under subsection 11.1(1). S.M. 2022, c. 16, s. 9 . Security officer may use reasonable force 8 A security officer may use reasonable force in refusing a person entry to the Legislative Building or the legislative precinct, or in evicting a person from the Legislative Building or the legislative precinct. GENERAL PROVISIONS Information-sharing agreements 9 The chief legislative security officer may enter into an agreement with a police service or a department, agency or service of the Government of Manitoba or the Government of Canada that authorizes the sharing of information on matters respecting security in the legislative precinct. S.M. 2022, c. 16, s. 10 . Arrangements with police services 10 The chief legislative security officer may enter into an arrangement with a police service to have members of the service provide security services in the legislative precinct in specified circumstances. S.M. 2022, c. 16, s. 10 . Powers and privileges protected 11 Nothing in this Act derogates from the powers, privileges and immunities of the Legislative Assembly and of members and committees of the Legislative Assembly. Prohibited activities 11.1(1) The Lieutenant Governor in Council may make regulations prohibiting or regulating specified activities in the legislative precinct. Offence and penalty 11.1(2) A person who contravenes a regulation made under subsection (1) is guilty of an offence and is liable on conviction to a fine of not more than $5,000. S.M. 2022, c. 16, s. 11 . Regulations 11.2 The Lieutenant Governor in Council may make regulations (a) prescribing training for security officers; (b) respecting the use of firearms and other equipment by security officers; (c) respecting the performance of duties and responsibilities by security officers; (d) defining any word or phrase used but not defined in this Act; (e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. S.M. 2022, c. 16, s. 11 . CONSEQUENTIAL AND RELATED AMENDMENTS 12 and 13 NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts. C.C.S.M. REFERENCE AND COMING INTO FORCE C.C.S.M. reference 14 This Act may be referred to as chapter L122 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 15 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2017, c. 17 came into force by proclamation on October 7, 2017.