The Police Services Act

The Police Services Act, C.C.S.M. c. P94.5 (Assented to October 8, 2009) bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions PART 2 ADMINISTRATION 2 Minister's role 3 Director of policing 4 Director's responsibilities 4.1 Providing information to director 5 Delegation 5.1 Criminal intelligence director 5.2 Duties of criminal intelligence director 6 Manitoba Police Commission established 7 Duties of commission 8 Studies by commission 9 Membership 10 Term of office 11 Chair and vice-chair 12 Staff PART 3 RESPONSIBILITY FOR PROVIDING POLICING IN MANITOBA 13 Policing in urban municipalities 14 Policing in other areas of Manitoba 14.1 Policing in amalgamated municipalities 15 Notice of intention to establish police service 16 Copies of agreements 17 Cost of municipal police service 18 Agreement for RCMP to provide policing 19 Emergency policing 20 Ministerial assignment of investigation PART 4 MUNICIPAL POLICE SERVICES DIVISION 1 — POLICE CHIEF AND OFFICERS 21 Appointing police chief 22 Responsibilities of police chief 23 Appointing police officers 24 Status of police officers 25 Duties of police officers DIVISION 2 — POLICE BOARDS 26 Police board required 27 Purpose of police board 28 Duties of police board 29 Information from board to develop budget 30 Size of police board 31 Terms of board members 32 Chair and vice-chair 33 Procedure 34 Meetings 35 Policy and procedures manual 36 Training 37 Remuneration 38 Delegation DIVISION 3 — MISCELLANEOUS PROVISIONS RE MUNICIPAL POLICE SERVICES 39 Employer 40 Municipality liable for torts of officers DIVISION 4 — REGIONAL POLICE SERVICES 41 Agreement re regional police service 42 Police board 43 Application 44 Actions against regional police officers PART 5 FIRST NATION POLICE SERVICES 45 Establishing First Nation police service 46 Jurisdiction of First Nation police service 47 Application PART 6 POLICING STANDARDS, DIRECTIVES AND CODE OF CONDUCT 48 Policing standards 48.1 Monitoring policing standards 48.2 Providing information to commission 48.3 Inspections 48.4 Notice of failure to meet policing standard 48.5 Director to review with chief 49 Directives 50-52 Repealed 53 Notice of policing failures 54 Immediate intervention by minister 55 Liability for costs 55.1 Code of conduct 55.2 Report on contravention PART 7 INVESTIGATIONS INTO POLICE OFFICER CONDUCT DIVISION 1 — INDEPENDENT INVESTIGATION UNIT 56 Independent investigation unit established 57 Civilian director 58 Term of office 59 Duties of civilian director 59.1 Acting civilian director 60 Investigators 61-62 Repealed 63 Peace officer status 64 Annual report DIVISION 1.1 — COMMUNITY OUTREACH 64.1 Director of Indigenous and Community Relations 64.2 Community liaison program 64.3 Assigning community liaison DIVISION 2 — MANDATORY INVESTIGATIONS BY INDEPENDENT INVESTIGATION UNIT 65 Notice of incident 66 Notice of complaint 67-72 Repealed DIVISION 3 — INVESTIGATIONS BY POLICE SERVICES INTO POLICE OFFICER CONDUCT 73 Notice of complaint 74 Monitoring investigation 75 Investigation by independent investigation unit 76 Regulations re internal investigations DIVISION 3.1 — INVESTIGATION REPORTS 76.1 Investigation report DIVISION 3.2 — DUTIES RE INVESTIGATIONS AND PENALTIES 76.2 Regulation establishing notification obligations 76.3 Duty to comply with requests 76.4 Offence and penalty 77 Repealed PART 7.1 COMMUNITY SAFETY OFFICERS 77.1 Community safety officer program 77.2 Role of community safety officers 77.3 Agreement re community safety officer program 77.4 Appointing community safety officers 77.4.1 Required training 77.5 Additional powers 77.6 Assistance to local policing authority 77.6.1 Peace officer status 77.7 Employer 77.8 Information to director 77.9 No effect on local policing authority 77.9.1 Regional community safety officer program 77.10 Regulations 77.11 Definitions PART 7.2 FIRST NATION SAFETY OFFICERS 77.11.1 First Nation safety officer program 77.12 Agreement to operate safety officer program 77.13 Requirement for agreement with Government of Canada 77.14 Role of First Nation safety officers 77.15 Appointing First Nation safety officers 77.15.1 Required training 77.16 Additional powers 77.17 Assistance to local policing authority 77.18 Enforcement of First Nation laws 77.18.1 Peace officer status 77.19 Employer 77.20 Information to director 77.21 Regulations 77.22 Definitions PART 7.3 INSTITUTIONAL SAFETY OFFICERS 77.23 Institutional safety officer program 77.24 Duties of institutional safety officers 77.25 Agreement 77.26 Protocols with local policing authority 77.27 Appointing institutional safety officers 77.28 Peace officer status 77.29 Institution responsible 77.30 Information to director 77.31 Institutional safety officers at government facilities 77.32 Regulations 77.33 Definitions PART 8 SPECIAL CONSTABLES 78 Appointing special constables 79 Revoking appointment 80 Repealed 81 Responsibility for special constables 82 Regulations PART 8.1 MANITOBA CRIMINAL INTELLIGENCE CENTRE 82.1 MCIC established 82.2 Staff 82.3 Peace officer status 82.4 Directive re police service participation at MCIC 82.5 Agreements re participation at MCIC PART 9 MISCELLANEOUS PROVISIONS 83 Repealed 84 Advisory committee 85 Oaths 86 Calculating population 87 Senior officers association 88 Protection from liability 89 Delegating minister's duties and powers 90 Review 91 Regulations PART 10 CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS, REPEAL, CITATION AND COMING INTO FORCE 92-105 Consequential amendments 106 Continuation of municipal police services 107 Continuation of Dakota Ojibway Police Service 108 Continuation of appointments 109 Continuation of agreements 110 Repeal 111 C.C.S.M. reference 112 Coming into force WHEREAS police services play a critical role in protecting the safety and security of Manitobans; AND WHEREAS co-operation between police services and the communities they serve will result in improved safety and security and better relations between police and citizens; AND WHEREAS civilian governance and oversight of police services will improve transparency and accountability in the delivery of policing services; AND WHEREAS it is desirable that policing services be provided in a manner that recognizes the pluralistic and multicultural character of Manitoba society, and in particular, First Nation, Métis and other aboriginal peoples; AND WHEREAS it is recognized that public safety is enhanced as police services become more representative of the communities they serve; AND WHEREAS it is important to recognize the rights of victims of crime and their needs in the delivery of policing services; AND WHEREAS the importance of safeguarding the fundamental rights protected by the Canadian Charter of Rights and Freedoms and The Human Rights Code is recognized by all; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTERPRETATION Definitions 1(1) The following definitions apply in this Act. "civilian director" means the person appointed as the civilian director of the independent investigation unit. (« directeur civil ») "commission" means the Manitoba Police Commission established under section 6. (« Commission ») "community liaison" means a person selected to serve as a community liaison under subsection 64.2(1). (« agent de liaison ») "council" means the council of a municipality. (« conseil municipal ») "criminal intelligence director" means the person appointed as the criminal intelligence director under section 5.1. (« directeur des renseignements sur les activités criminelles ») "department" means the department of government over which the minister presides and through which this Act is administered. (« ministère ») "director" means the person appointed as the Director of Policing under section 3. (« directeur ») "First Nation" means a band as defined in the Indian Act (Canada). (« Première nation ») "First Nation police service" means a police service established under Part 5. (« service de police de Premières nations ») "independent investigation unit" means the unit established under Part 7. (« unité d'enquête indépendante ») "investigator" means a person selected to serve as an investigator with the independent investigation unit. (« enquêteur ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "municipal police service" means a police service operated by a municipality under Part 4. (« service de police municipal ») "police board" means the police board for a police service established or continued under this Act. (« conseil de police ») "police chief" means (a) the person appointed as the chief of a police service established or continued under this Act, and includes an acting chief of a police service; and (b) the commanding officer of the Royal Canadian Mounted Police in Manitoba. (« chef de police ») "police officer" means (a) a person appointed to serve as a police officer in a police service established or continued under this Act, and includes a police chief; and (b) a member or reserve member of the Royal Canadian Mounted Police. (« agent de police ») "police service" means (a) a police service established or continued under this Act; and (b) the Royal Canadian Mounted Police. (« service de police ») "policing standards" means standards respecting police service operations, facilities and equipment established under section 48. (« normes de maintien de l'ordre ») "prescribed" means prescribed by regulation. (« Version anglaise seulement ») "regional police service" means a police service established under Division 4 of Part 4. (« service de police régional ») "special constable" means a special constable appointed under Part 8. (« agent de police spécial ») "urban municipality" means a city, town, village or other urban municipality formed or continued under The Municipal Act , and includes the City of Winnipeg. (« municipalité urbaine ») Reference to "Act" includes regulations 1(2) In this Act, a reference to "this Act" includes the regulations made under this Act. S.M. 2022, c. 10, s. 2 ; S.M. 2022, c. 23, s. 2 . PART 2 ADMINISTRATION Minister's role 2 The minister is responsible for ensuring that adequate and effective policing is provided throughout Manitoba. Director of policing 3 A Director of Policing is to be appointed under Part 3 of The Public Service Act . S.M. 2021, c. 11, s. 65 . Director's responsibilities 4(1) The director, under the general direction of the minister, is responsible for the following: (a) the oversight and supervision of police services in Manitoba; (b) the assessment of policing requirements in Manitoba; (c) the co-ordination of policing in Manitoba. Specific duties of director 4(2) The duties of the director include (a) reporting to the minister on the quality and standards of police services in Manitoba; (b) co-ordinating the delivery of policing in Manitoba; (c) developing and promoting programs to enhance professional practices and standards for police services and police boards; (d) consulting with and providing information to the minister, police chiefs, police boards and the Royal Canadian Mounted Police on matters relating to law enforcement and policing; (e) developing programs and statistical records respecting law enforcement and policing; (f) establishing programs to promote cooperation between police services and the public; and (g) performing any other duties assigned by the minister. S.M. 2022, c. 23, s. 3 . Providing information to director 4.1 On request from the director, the chief of a police service must provide the director with the following: (a) information about the police service, its officers and its facilities and equipment; (b) records maintained by the police service; (c) statistics and other information about crime or policing in the area where the police service provides policing services; (d) the police service budget and other financial information respecting the police service. S.M. 2022, c. 23, s. 4 . Delegation 5 The director may delegate any power conferred or duty imposed on the director by this Act to an employee of the department. Criminal intelligence director 5.1 A criminal intelligence director is to be appointed under Part 3 of The Public Service Act . S.M. 2022, c. 23, s. 5 . Duties of criminal intelligence director 5.2 The duties of the criminal intelligence director include (a) working with police services to develop and implement appropriate policies and procedures respecting the collection, storage, analysis, use and sharing of criminal intelligence; (b) promoting the sharing of criminal intelligence between police services; and (c) managing the operation of the Manitoba Criminal Intelligence Centre. S.M. 2022, c. 23, s. 5 . Commission established 6 The Manitoba Police Commission is hereby established. Duties of commission 7 The duties of the commission include (a) providing advice to the director on policing standards and the code of conduct for police officers; (b) consulting with the public on matters relating to law enforcement and policing, and providing the results of those consultations to the minister; (c) developing a policy and procedures manual for police boards and a code of ethical conduct for members of police boards; (d) arranging for training to be provided to members of police boards; and (e) performing any other duties assigned by the minister. S.M. 2022, c. 10, s. 3 ; S.M. 2022, c. 23, s. 6 . Studies by commission 8(1) The minister may direct the commission to conduct a study on a specific issue relating to law enforcement or policing. Report to minister 8(2) When the commission conducts a study at the request of the minister, it must provide the minister with a report setting out its findings and any recommendations it may have on the issue. Membership 9(1) The commission is to consist of at least five but no more than nine persons appointed by the Lieutenant Governor in Council. Makeup of commission 9(2) The commission must include at least one member of a First Nation and one Métis person. Appointment considerations 9(3) In appointing persons to the commission, the Lieutenant Governor in Council must take into account the cultural and gender diversity of Manitoba. Term of office 10(1) Members of the commission are to be appointed for the term fixed in the order appointing them, which must not exceed four years, and no member may serve more than two successive terms. Appointment continues 10(2) A member of the commission whose term expires continues to hold office until he or she is reappointed, a successor is appointed or the appointment is revoked. Chair and vice-chair 11(1) The Lieutenant Governor in Council must appoint one of the members of the commission as the chair of the commission and another as the vice-chair. Authority of vice-chair 11(2) The vice-chair has the authority of the chair if the chair is absent or unable to act, or if authorized by the chair. Staff 12 Any employees required to enable the commission to carry out its duties may be appointed under Part 3 of The Public Service Act . S.M. 2021, c. 11, s. 65 PART 3 RESPONSIBILITY FOR PROVIDING POLICING IN MANITOBA Policing in large urban municipalities 13(1) An urban municipality with a population over 5,000 must ensure that policing services are provided in the municipality by (a) establishing its own police service; (b) entering into an agreement with the Government of Canada to have the Royal Canadian Mounted Police provide policing services in the municipality; (c) entering into an agreement with one or more municipalities to jointly operate a regional police service that will provide policing services in those municipalities; or (d) entering into an agreement with another municipality to have that other municipality's police service provide policing services in the municipality. Policing in mid-sized urban municipalities 13(2) An urban municipality with a population between 750 and 5,000 must ensure that policing services are provided in the municipality by (a) establishing its own police service; (b) entering into an agreement with the Government of Manitoba to have the Royal Canadian Mounted Police provide policing services in the municipality under an agreement entered into under section 18; (c) entering into an agreement with one or more municipalities to jointly operate a regional police service that will provide policing services in those municipalities; or (d) entering into an agreement with another municipality to have the police service for that other municipality provide policing services in the municipality. Policing in other areas of Manitoba 14(1) Unless policing services are being provided in accordance with subsection (2), the minister must ensure that policing services are provided in (a) an urban municipality with a population under 750; (b) a rural municipality; and (c) any part of Manitoba that is not in a municipality. Policing options for rural and small urban municipalities 14(2) A municipality referred to in clause (1)⁠(a) or (b) may arrange for policing services to be provided in the municipality by (a) establishing its own police service; (b) entering into an agreement with one or more municipalities to jointly operate a regional police service that will provide policing services in those municipalities; or (c) entering into an agreement with another municipality to have that other municipality's police service provide policing services in the municipality. Policing in amalgamated municipalities 14.1(1) If a municipality that has its own police service or that receives policing services from another police service amalgamates with another municipality that has its own police service or that receives policing services from the Royal Canadian Mounted Police, each policing entity may — despite any provision of this Act — continue to operate within the area where the entity provided policing services before the amalgamation, subject to the application of subsection (3). Decision on single policing provider 14.1(2) An amalgamated municipality referred to in subsection (1) must make arrangements to have a single policing entity provide policing services in the municipality in accordance with section 13 or 14, as the case may be, no later than five years after amalgamation. Consequences of failure to meet deadline 14.1(3) If an amalgamated municipality fails to make policing arrangements as required by subsection (2) within five years after amalgamation, policing services in the municipality after that deadline are to be provided by the Royal Canadian Mounted Police under an agreement entered into under section 18. If the amalgamated municipality is an urban municipality, the municipality is responsible for all costs associated with the provision of such policing services. S.M. 2013, c. 10, s. 13 . Notice of intention to establish police service 15(1) A municipality that intends to establish its own police service or jointly establish a regional police service must advise the minister of its intention before establishing the service. Approval to stop operating police service 15(2) A municipality that operates its own police service or jointly operates a regional police service must not discontinue the operation of the service unless the minister has approved the discontinuance. Copies of agreements 16 A municipality that enters into an agreement (a) under clause 13(1)⁠(b) to have the Royal Canadian Mounted Police provide policing services in the municipality; (b) to operate a regional police service; or (c) to have the police service of another municipality provide policing services in the municipality; must provide the director with a copy of the agreement. Cost of municipal police service 17(1) A municipality that establishes its own police service must pay all costs of the service. Costs of regional police service 17(2) A municipality that jointly operates a regional police service is responsible for the costs of the service in accordance with the terms of the agreement establishing the regional police service. Costs when policing provided by agreement 17(3) A municipality that enters into an agreement (a) under clause 13(1)⁠(b) or 13(2)⁠(b) to have the Royal Canadian Mounted Police provide policing services in the municipality; or (b) to have the police service of another municipality provide policing services in the municipality; is responsible for the costs of those policing services in accordance with the terms of the agreement. Agreement for RCMP to provide policing 18(1) The Government of Manitoba may enter into one or more agreements with the Government of Canada to have the Royal Canadian Mounted Police act as a provincial police service and provide (a) policing services in all or any portions of Manitoba that may be designated by the minister; and (b) additional services set out in the agreements. Status, duties and powers of RCMP members 18(2) When providing policing services under an agreement entered into under subsection (1), members of the Royal Canadian Mounted Police (a) have all the powers, duties, privileges and protections of a peace officer and constable at common law or under any enactment or applicable by-law; (b) have, with respect to the areas where policing services are being provided, the duties set out in clauses 25(a) to (g) (duties of municipal police officers), subject to any necessary changes; and (c) have authority to act throughout Manitoba in order to carry out their duties. RCMP accountable to minister 18(3) The commanding officer of the Royal Canadian Mounted Police in Manitoba is accountable to the minister for policing services provided by the Royal Canadian Mounted Police under an agreement entered into under subsection (1). Emergency policing 19(1) If the minister determines that an emergency situation exists in an area of Manitoba, he or she may, by written notice, direct the Royal Canadian Mounted Police to provide policing in the area for a specified period. Provision of policing in emergencies 19(2) On receiving notice from the minister, the Royal Canadian Mounted Police must provide the requested policing services for the period directed by the minister. Ministerial assignment of investigation 20 Despite any other provision in this Act, if the minister considers it to be in the interests of the administration of justice, he or she may assign the conduct of an investigation into an alleged offence that would normally be conducted by a police service established or continued under this Act or the independent investigation unit to members of the Royal Canadian Mounted Police or members of another police service in Manitoba or another Canadian province. S.M. 2022, c. 23, s. 7 . PART 4 MUNICIPAL POLICE SERVICES DIVISION 1 POLICE CHIEF AND OFFICERS POLICE CHIEF Appointing police chief 21 A municipality's police board must appoint a person with prescribed qualifications to serve as the chief of the municipal police service. Responsibilities of police chief 22(1) The chief of a municipal police service is responsible for the following: (a) the enforcement of law, the prevention of crime and the preservation of the public peace in the municipality; (b) the management, administration and operation of the police service; (c) the maintenance of discipline in the police service; (d) ensuring that the police service meets all requirements imposed by this Act and that its police officers carry out their duties in accordance with this Act; (e) implementing policies established by the police board respecting the police service. Police chief accountable to police board 22(2) The police chief is accountable to the police board for (a) carrying out the responsibilities set out in subsection (1); and (b) managing, administering and operating the police service in accordance with the priorities, objectives and policies established by the police board under subsection 28(1). POLICE OFFICERS Appointing police officers 23(1) The police board may appoint eligible persons to serve as police officers in the police service, or it may delegate that power to the police chief. Qualifications 23(2) To be eligible for appointment as a police officer, a person must have the prescribed qualifications. Status of police officers 24(1) A police officer has all the powers, duties, privileges and protections of a peace officer and constable at common law or under any enactment. Jurisdiction of police officers 24(2) A police officer has authority to act throughout Manitoba in order to carry out his or her duties, subject to any restrictions or conditions established by regulation or set out in his or her appointment. Duties of police officers 25 The duties of a police officer include (a) preserving the public peace; (b) preventing crime and offences against the laws in force in the municipality; (c) assisting victims of crime; (d) apprehending criminals and others who may lawfully be taken into custody; (e) executing warrants that are to be executed by peace officers, and performing related duties; (f) laying charges and participating in prosecutions; (g) enforcing municipal by-laws; and (h) performing other duties assigned by the police chief. DIVISION 2 POLICE BOARDS Police board required 26(1) Every municipality that operates a police service must establish and maintain a police board in accordance with this Division. Police board responsible for police service 26(2) A municipal police service must operate under the general direction and supervision of the municipality's police board in accordance with this Part. Purpose of police board 27 The purpose of a police board is to provide (a) civilian governance respecting the enforcement of law, the maintenance of the public peace and the prevention of crime in the municipality; and (b) the administrative direction and organization required to provide an adequate and effective police service in the municipality. General duties of police board 28(1) The police board must (a) after consulting with the police chief, establish priorities and objectives for the police service; (b) establish policies for the effective management of the police service; (c) direct the police chief and monitor his or her performance; and (d) perform any other prescribed duties. Specific duties of police board 28(2) Without limiting the generality of subsection (1), the police board must (a) ensure that the police chief establishes programs and strategies to implement the priorities and objectives established by the board for the police service; (b) ensure that community needs and values are reflected in the policing priorities, objectives, programs and strategies; (c) ensure that police services are delivered in a manner consistent with community needs, values and expectations; and (d) act as a liaison between the community and the police service. Restriction on police board activities 28(3) The police board may give orders and directions to the police chief, but not to other police officers. No individual member of the board may give an order or direction to any police officer. No role on specific matters 28(4) The police board must not give orders or directions on specific operational decisions, individual investigations or the day-to-day operation of the police service. No role in personnel matters 28(5) With the exception of the police chief, the police board has no role with respect to the discipline or personal conduct of any police officer. No right to sensitive information 28(6) The police board is not entitled to any information about individual investigations or intelligence files. Information from board to develop budget 29(1) To assist the council in developing the municipal budget, the police board must provide the council with (a) an estimate of the costs required to operate the police service in the next fiscal year; and (b) any additional information that the council considers necessary to enable it to assess the financial requirements of the police service. Council has final responsibility for budget 29(2) The council is responsible for establishing the total budget of the police service. Police board to allocate funds 29(3) The police board is responsible for allocating the funds that are provided to the police service under the municipal budget. Size of police board 30(1) The council of a municipality must establish the size of its police board by by-law. The police board must (a) consist of at least three members, in the case of a municipality with a population of 5,000 or less; (b) consist of at least five members, in the case of a municipality with a population over 5,000; or (c) consist of at least seven members, in the case of the City of Winnipeg. Appointing members to police board 30(2) Subject to subsection (3), one member of a police board is to be appointed by the Lieutenant Governor in Council, and the other members are to be appointed by the council. Police board for City of Winnipeg 30(3) In the case of the City of Winnipeg, two members of the police board are to be appointed by the Lieutenant Governor in Council, and the other members are to be appointed by the council. Number of council members and employees 30(4) No more than half the members of the police board may be council members or employees of the municipality. Term of council member 31(1) The term of a council member on the police board ends when the person is no longer a member of the council. Term of member appointed by council 31(2) The term of a person appointed to the police board by council who is not a council member must be fixed in his or her appointment, but must not extend past the term of office of the council that made the appointment. Term of member appointed by LG in C 31(3) The term of a person appointed to the police board by the Lieutenant Governor in Council must be fixed in the order appointing the person, but must not exceed four years. Extension and reappointment 31(4) A person appointed to the police board who is not a council member (a) may continue to serve on the board after the expiry of his or her term until the appointment of his or her successor; and (b) is eligible for reappointment, as long as the reappointment does not result in more than eight consecutive years of service on the board. Council to designate chair and vice-chair 32(1) The council must designate one member of the police board as chair and another member as vice-chair. Authority of vice-chair 32(2) The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair. Procedure 33 Subject to the requirements of this Act, a police board may determine its own practice and procedures. Meetings 34(1) The police board must hold a meeting at least once every three months. Public meetings 34(2) Subject to subsection (3), meetings of the police board must be open to the public and the board must give public notice of its meetings in the prescribed manner. Exception 34(3) The police board may exclude the public from all or part of a meeting in order to consider matters involving public security or sensitive financial or personal information. Policy and procedures manual 35(1) The police board must operate in accordance with the policy and procedures manual developed by the commission for police boards. Code of ethical conduct 35(2) Every member of the police board must comply with the code of ethical conduct developed by the commission for police board members. Training 36 Every member of the police board must undergo training arranged by the commission. Remuneration 37 The council may provide for reasonable remuneration to members of the police board who are not members of the council. Delegation 38 The police board may delegate to two or more of its members any duty imposed or power conferred on it by this Act. DIVISION 3 MISCELLANEOUS PROVISIONS RE MUNICIPAL POLICE SERVICES Employer 39(1) A municipality that operates a police service is deemed to be the employer of the police chief and other police officers in the service. Pay and other benefits set by council 39(2) A council is responsible for setting the pay and other benefits of the police chief and other police officers in the service. Municipality liable for torts of officers 40(1) A municipality that operates a police service is jointly and severally liable for a tort committed by a police officer in the performance of his or her duties. Municipality to indemnify officer 40(2) A municipality that operates a police service must pay the following: (a) any damages or costs awarded in an action or proceeding against one of its police officers as the result of a tort committed by the officer in the performance of his or her duties; (b) any costs incurred and not recovered by the officer in the action or proceeding; (c) any sum required to settle the action or proceeding against the officer. Municipality may defend officer 40(3) A municipality that may be liable under this section has the right to defend — in the name and on behalf of the police officer — an action or proceeding that may be brought against the officer. Duty to cooperate 40(4) A police officer whose conduct is the subject of an action or proceeding must cooperate with the municipality in the settlement or defence of the action or proceeding. DIVISION 4 REGIONAL POLICE SERVICES Agreement re regional police service 41(1) The councils of two or more municipalities may enter into an agreement to jointly establish and operate a regional police service to provide policing services in those municipalities. Agreement requirements 41(2) An agreement to establish and operate a regional police service must (a) set out the manner in which the costs of operating the police service are to be divided between the municipalities that operate the service; (b) in the case of an amalgamation of existing municipal police services, set out the process by which the police services are to be amalgamated; and (c) address any other matter that the minister considers necessary. Police board required 42(1) The municipalities that operate a regional police service must establish and maintain a police board for the police service. Role of police board 42(2) A regional police service must operate under the general direction and supervision of the police board in accordance with this Part. Makeup of regional police board 42(3) The police board for a regional police service is to consist of (a) two members appointed by the council of every municipality that operates the police service, unless an agreement has been reached under subsection (4) to alter the number of board members from each municipality; and (b) one member appointed by the Lieutenant Governor in Council. Agreement on number of board members 42(4) The councils of the municipalities that operate a regional police service may enter into an agreement to alter the number of police board members appointed by the council of each municipality. However, each municipality must appoint at least one member of the police board. Application 43(1) The provisions of Divisions 1, 2 and 3 of this Part apply, with necessary changes, to a regional police service and its police chief, police officers and police board. Employer 43(2) Unless the agreement under section 41 provides otherwise, the municipalities that operate a regional police service are deemed to jointly employ the police officers in the service. Actions against regional police officers 44 Section 40 (municipality liable for torts of officers) applies, with necessary changes, to an action or proceeding involving a police officer in a regional police service. Each municipality that operates a regional police service is (a) jointly and severally liable for the torts of a police officer in the regional police service that are committed in the performance of the officer's duties; and (b) jointly and severally liable for the payments set out in subsection 40(2). PART 5 FIRST NATION POLICE SERVICES First Nation police service 45(1) The Government of Manitoba, the Government of Canada and one or more First Nations, or an entity representing a group of First Nations, may enter into an agreement to establish a police service to provide policing services to a First Nation community or group of First Nation communities. Police board 45(2) An agreement referred to in subsection (1) must provide for the establishment of a police board for the First Nation police service. Jurisdiction of First Nation police service 46 A First Nation police service may act as the police service only in the areas specified in the agreement referred to in subsection 45(1), or any additional areas specified in amendments to that agreement made by the parties set out in that subsection. Application 47 All of the provisions of this Act apply, with necessary changes, to a First Nation police service and its police chief, police officers and police board. If there is a conflict between this Act and the agreement establishing a First Nation police service, the provision in the agreement prevails. PART 6 POLICING STANDARDS, DIRECTIVES AND CODE OF CONDUCT POLICING STANDARDS Policing standards 48(1) To ensure that police services provide adequate and effective policing, the director may establish standards respecting police service operations and facilities and equipment used by a police service. Specific standards 48(2) Without limiting the generality of subsection (1), the director may establish standards respecting the following: (a) criminal investigations; (b) covert operations; (c) motor vehicle pursuits; (d) arrests and use of force; (e) missing person investigations; (f) criminal disclosure. Standards re criminal intelligence 48(3) The criminal intelligence director may establish standards respecting the collection, storage and use of criminal intelligence by a police service and the sharing of criminal intelligence. Consultation with commission 48(4) Before establishing a policing standard, the director and the criminal intelligence director must consult with the commission on the proposed standard. Variable standards 48(5) A policing standard may establish classes of police services and may impose different standards on different classes. Standards provided to police services 48(6) The director must provide every police service with all policing standards and ensure that every police service receives notice of any change to a policing standard. S.M. 2022, c. 23, s. 9 . Monitoring policing standards 48.1(1) The commission is responsible for monitoring police service compliance with policing standards. Retaining persons to assist monitoring 48.1(2) The commission may retain the services of department employees or other persons with specialized policing expertise to assist it in monitoring compliance with policing standards. S.M. 2022, c. 23, s. 10 . Providing information to commission 48.2 On request from the commission, the chief of a police service must provide the commission with information and records about the police service, its officers and its facilities and equipment. S.M. 2022, c. 23, s. 10 . Inspections 48.3(1) The commission may conduct inspections of police services and the facilities and equipment used by police services. Chief to ensure co-operation 48.3(2) The chief of a police service must ensure that all police officers and persons employed by the police service co-operate with the commission during an inspection. S.M. 2022, c. 23, s. 10 . Notice of failure to meet policing standard 48.4 If the commission determines that a police service has failed to meet a policing standard the commission must report the failure to the director and provide the director with specific details of the failure. S.M. 2022, c. 23, s. 10 . Director to review with chief 48.5 The director must review a report of a police service's failure to meet a policing standard with the chief of the police service to (a) assess the reported failure; and (b) determine what measures must be taken to meet the policing standard. S.M. 2022, c. 23, s. 10 . DIRECTIVES Directives 49(1) The director may issue a directive to one or more police services respecting police service operations. Directive re criminal intelligence 49(2) The criminal intelligence director may issue a directive to a police service respecting the collection, storage, analysis, use and sharing of criminal intelligence by the police service. Chief to ensure compliance 49(3) The chief of a police service must ensure that the police service complies with a directive issued under subsection (1) or (2). S.M. 2022, c. 23, s. 11 . 50 to 52 [Repealed] S.M. 2022, c. 23, s. 12 . POLICING FAILURES Notice of policing failures 53(1) If the minister determines that a police service has failed to provide adequate and effective policing services or that the operation of the police service has failed to meet the requirements of this Act, the minister may notify the police board responsible for the police service and the chief of the police service of that determination. Form of notice 53(2) The notice under subsection (1) must be in writing and must (a) identify the failures; (b) specify how the failures are to be corrected or the steps that are to be taken to prevent future failures; and (c) specify the deadline for taking the action required under clause (b). Notice to other parties 53(3) The notice under subsection (1) must also be sent (a) in the case of a municipal police service, to the council of the municipality; (b) in the case of a regional police service, to the council of each municipality that receives policing services from the police service; and (c) in the case of a First Nation police service, to the council for each First Nation that receives policing services from the police service. Intervention by minister 53(4) If the minister determines that the required corrections or preventative steps have not been made or taken by the deadline specified in the notice, the minister may do one or more of the following: (a) suspend, in whole or in part, the operation of the police service; (b) arrange for the Royal Canadian Mounted Police or another police service to provide policing services in the area in question; (c) appoint an administrator to perform specified functions respecting the police service for a specified period; (d) remove the police chief from office, and appoint a replacement; (e) remove one or more members of the police board from office and appoint interim members to the board; (f) take any other steps that the minister considers necessary to provide adequate and effective policing services in the area in question. Immediate intervention by minister 54 The minister may take one or more of the actions set out in subsection 53(4) without giving notice under section 53 if the minister determines that (a) the police service has failed to provide adequate and effective policing services; and (b) it is in the public interest for the minister to immediately take those actions. Liability for costs 55 The minister must certify the costs of actions taken under subsection 53(4) or section 54. Unless the minister directs otherwise, the costs (a) in the case of a municipal police service, must be paid by the municipality; (b) in the case of a regional police service, are the joint and several responsibility of every municipality that operates the regional police service; or (c) in the case of a First Nation police service, must be paid by the operator of the police service specified in the agreement establishing the police service. CODE OF CONDUCT Code of conduct 55.1(1) The director may, after consulting with the commission, establish a code of conduct for police officers. Application of code of conduct 55.1(2) The code of conduct applies to police officers in all police services established or continued under this Act but it does not apply to members of the Royal Canadian Mounted Police. S.M. 2022, c. 23, s. 14 . Report on contravention 55.2 As soon as practicable after a finding has been made that a police officer contravened the code of conduct, the chief of the police service must provide the director with a report that (a) provides a description of the conduct that contravened the code; and (b) the disciplinary measures imposed on the police officer as a result of the contravention. S.M. 2022, c. 23, s. 14 . PART 7 INVESTIGATIONS INTO POLICE OFFICER CONDUCT DIVISION 1 INDEPENDENT INVESTIGATION UNIT Independent investigation unit established 56(1) The independent investigation unit is hereby established. Members of independent investigation unit 56(2) The independent investigation unit consists of the civilian director, who is in charge of the unit, and investigators selected by the civilian director. Appointing civilian director 57(1) The Lieutenant Governor in Council must appoint a person as civilian director. Civilian director must not be police officer 57(2) A person who is a current or former member of a police service may not be appointed as the civilian director. S.M. 2022, c. 10, s. 4 . Term of office 58(1) Unless he or she resigns, dies or has his or her appointment terminated, the civilian director shall hold office for five years from the date of his or her appointment. A person may be re-appointed as civilian director for a second term of five years but may not serve more than two terms. Termination only for cause 58(2) The civilian director's appointment must not be terminated, except for cause. Duties of civilian director 59 The civilian director is responsible for the following: (a) the management, administration and operation of the independent investigation unit; (b) overseeing investigations conducted by the independent investigation unit; (c) performing any other duties imposed by this Act. Acting civilian director 59.1(1) The civilian director may, after consulting with the assistant deputy attorney general, designate a Crown attorney to act in the place of the civilian director for a period in which the civilian director is unable to perform their duties due to absence, illness or for any other reason. Powers and duties of acting civilian director 59.1(2) The acting civilian director has all the powers and duties of the civilian director. S.M. 2022, c. 10, s. 5 . Investigators 60 The civilian director may select any of the following persons to serve as an investigator with the independent investigation unit: (a) a former member of the Royal Canadian Mounted Police; (b) a former police officer from a police service in Manitoba or another Canadian province; (c) a civilian with investigative experience; if the person has the prescribed qualifications and experience. S.M. 2022, c. 10, s. 6 . 61 and 62 [Repealed] S.M. 2022, c. 10, s. 7 . Peace officer status 63 Members of the independent investigation unit have all the powers, duties, privileges and protections of a peace officer and constable at common law or under any enactment. Annual report 64(1) The civilian director must submit an annual report on the operations of the independent investigation unit to the minister. The report must include the following information: (a) the number of investigations started in the year; (b) the number of investigations concluded in the year; (c) the number of charges laid against police officers in the year, and particulars of the charges; (d) the number of investigations to which a community liaison was assigned.

Tabling report 64(2) The minister must table the annual report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins. S.M. 2022, c. 10, s. 8 . DIVISION 1.1 COMMUNITY OUTREACH Director of Indigenous and Community Relations 64.1(1) A Director of Indigenous and Community Relations is to be appointed in accordance with Part 3 of The Public Service Act . Responsibilities 64.1(2) The Director of Indigenous and Community Relations is responsible for (a) developing relationships between the independent investigation unit and First Nations, Métis, Inuit and other communities; (b) informing the civilian director of the concerns of First Nations, Métis, Inuit and other communities respecting police conduct and the independent investigation unit; (c) providing or facilitating training to members of the independent investigation unit respecting First Nations, Métis, Inuit and other communities; and (d) managing a community liaison program. S.M. 2022, c. 10, s. 9 and 21. Community liaison program 64.2(1) The Director of Indigenous and Community Relations must select persons from First Nations, Métis, Inuit and other communities who may be assigned to serve as a liaison between their community and the independent investigation unit when an investigation involves an affected person who is a member of their community. Role of community liaison 64.2(2) A community liaison is responsible for (a) providing information to the affected person or the person's family and their community respecting the status of an investigation by the independent investigation unit; and (b) informing the independent investigation unit about concerns of the affected person, their family and their community respecting the investigation. No access to evidence or confidential information 64.2(3) A community liaison is not a member of the independent investigation unit and is not entitled to access any evidence or confidential information obtained during an investigation. Information re status of investigation 64.2(4) The civilian director or an investigator may provide a community liaison with information respecting the status of an investigation and any other information that is not confidential that may be of interest to the affected person, their family or their community. S.M. 2022, c. 10, s. 9 . Assigning community liaison 64.3 When an investigation has been commenced by the independent investigation unit, the Director of Indigenous and Community Relations may assign a community liaison to the investigation if the Director believes that the assignment is in the public interest and may assist the investigation. S.M. 2022, c. 10, s. 9 . DIVISION 2 MANDATORY INVESTIGATIONS BY THE INDEPENDENT INVESTIGATION UNIT Notice of incident 65(1) When a police officer is at the scene of an incident where it appears that (a) the death of a person may have resulted from the actions of a police officer; (b) a serious injury to a person may have resulted from the actions of a police officer; or (c) a police officer may have contravened a prescribed provision of the Criminal Code (Canada) or a prescribed provision of another federal or provincial enactment; the independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures. Notice even if officer not on duty 65(2) Notice must be given under subsection (1) even if the police officer involved in the incident was not on duty at the time of the incident. Duties of officers at scene of incident 65(3) Until members of the independent investigation unit arrive at the scene of the incident, the police officers at the scene must take any steps that the officers would normally take in such an incident, unless directed otherwise by a member of the independent investigation unit. Unit to assume conduct of investigation 65(4) Upon arriving at the scene of the incident, a member or members of the independent investigation unit must assume conduct of the investigation of the incident. S.M. 2022, c. 10, s. 10 . Notice of complaint 66(1) When a police service receives a complaint that a police officer may have (a) caused the death of a person; (b) caused a serious injury to a person; or (c) contravened a provision prescribed under clause 65(1)⁠(c); the independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures. Notification when evidence of illegal conduct 66(2) When a police service obtains evidence that a police officer may have (a) caused the death of a person; (b) caused a serious injury to a person; or (c) contravened a provision prescribed under clause 65(1)⁠(c); the independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures. Notice even if officer not on duty 66(3) Notice must be given under subsection (1) or (2) even if the police officer was not on duty at the time of the conduct in question. Unit to take over investigation 66(4) When the independent investigation unit receives notice under subsection (1) or (2), one or more of its members must assume conduct of the investigation in accordance with directions from the civilian director. S.M. 2022, c. 10, s. 11 . 67 and 68 [Not proclaimed, but repealed by S.M. 2022, c. 10, s. 20 ] 69 to 72 [Repealed] S.M. 2022, c. 10, s. 12 . DIVISION 3 INVESTIGATIONS BY POLICE SERVICES INTO POLICE OFFICER CONDUCT Notice of complaint 73(1) The independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures when the police service receives a complaint that a police officer may have contravened (a) any provision of the Criminal Code (Canada), other than a provision prescribed under clause 65(1)⁠(c); or (b) a prescribed provision of any other federal or provincial enactment, other than a provision prescribed under clause 65(1)⁠(c). Notification when evidence of illegal conduct 73(1.1) The independent investigation unit must be immediately notified by the police service in accordance with prescribed procedures when the police service obtains evidence that a police officer may have contravened (a) any provision of the Criminal Code (Canada), other than a provision prescribed under clause 65(1)⁠(c); or (b) a prescribed provision of any other federal or provincial enactment, other than a provision prescribed under clause 65(1)⁠(c). Notice even if officer not on duty 73(1.2) Notice must be given under subsection (1) or (1.1) even if the police officer was not on duty at the time of the conduct in question. Information about complaint or investigation 73(2) At the request of the civilian director, the police chief must give the civilian director information about the complaint or investigation and the status of the police service's investigation. Information on results of investigation 73(3) When an investigation into a matter referred to in subsection (1) or (1.1) has been completed, the police chief must provide the civilian director with the results of the investigation. S.M. 2022, c. 10, s. 13 . Monitoring investigation 74 On request of the civilian director, the police chief of a police service must allow a member of the independent investigation unit to monitor the progress of an investigation by the police service into a matter referred to in subsection 73(1) or (1.1). S.M. 2022, c. 10, s. 14 . Investigation by independent investigation unit 75(1) The independent investigation unit may assume conduct of an investigation into a matter referred to in subsection 73(1) or (1.1) if the civilian director considers it to be in the public interest to have the unit conduct the investigation. Notice to police chief 75(2) The civilian director must notify the police chief of the police service if the independent investigation unit is assuming conduct of the investigation. Transfer of investigation 75(3) Upon receiving notice from the civilian director, the police chief must turn over conduct of the investigation to the independent investigation unit. Application 75(4) Division 2 applies, with necessary changes, to an investigation conducted by the independent investigation unit under this section. S.M. 2022, c. 10, s. 15 . Regulations re internal investigations 76 The minister may make regulations respecting the manner in which police services conduct investigations of possible unlawful conduct involving their police officers, including regulations respecting (a) the minimum qualifications of police officers conducting such investigations; and (b) public reporting on the results of such investigations, including the form and content of the reports. DIVISION 3.1 INVESTIGATION REPORTS Investigation report 76.1(1) After an investigation by the independent investigation unit has concluded and a decision has been made on whether charges against a police officer are to be laid, the civilian director must prepare a report on the investigation. Report if charges laid 76.1(2) Subject to subsection (3), if an investigation results in charges being laid against a police officer, the investigation report must contain only the following information: (a) a narrative of the events that led to the investigation; (b) the name of the police officer charged, unless naming the officer might reveal the identity of a person who reported being sexually assaulted; (c) the charges laid and the date of the charges; (d) any other prescribed information. Omissions from report 76.1(3) In prescribed circumstances, the civilian director must omit information specified in the regulations from an investigation report. Report if no charges laid 76.1(4) If an investigation does not result in charges being laid against a police officer, the investigation report must contain only the following information: (a) a narrative of the events that led to the investigation; (b) a summary of the investigation; (c) the reasons for the decision not to lay charges; (d) any other prescribed information. The investigation report must not name any police officer. Distribution of investigation report 76.1(5) The civilian director must (a) publish the investigation report on the website of the independent investigation unit; and (b) provide a copy of the investigation report to the minister and other prescribed persons. S.M. 2022, c. 10, s. 16 . DIVISION 3.2 DUTIES RE INVESTIGATIONS AND PENALTIES Regulation establishing notification obligations 76.2(1) The minister may, by regulation, specify the actions to be taken by police officers when (a) an incident under subsection 65(1) occurs; (b) a complaint under subsection 66(1) or 73(1) is received by a police service; (c) evidence described in subsection 66(2) or 73(1.1) is obtained by a police service; in order to ensure that the independent investigation unit receives the notices required under this Part. Officers to carry out required notification actions 76.2(2) A police officer must carry out the actions required by regulation when one of the events set out in subsection (1) occurs. S.M. 2022, c. 10, s. 16 . Duty to comply with requests 76.3 The following persons must, immediately or as otherwise specified, comply with any reasonable request or direction from the civilian director or an investigator in relation to an investigation under this Part: (a) a police officer, other than a subject officer; (b) a police associate; (c) a prescribed person or a member of a prescribed class of persons. S.M. 2022, c. 10, s. 16 . Offence and penalty 76.4 A person who contravenes section 76.2 or 76.3 is guilty of an offence and is liable on conviction (a) for a first offence, to a fine of not more than $5,000, or to imprisonment for a term of not more than one year, or both; and (b) for each subsequent offence, to a fine of not more than $10,000, or to imprisonment for a term of not more than one year, or both. S.M. 2022, c. 10, s. 16 . 77 [Repealed] S.M. 2022, c. 23, s. 15 . PART 7.1 COMMUNITY SAFETY OFFICERS Community safety officer program 77.1 A municipality may operate a community safety officer program in accordance with this Part. S.M. 2014, c. 9, s. 2 . Role of community safety officers 77.2(1) Community safety officers are to work in collaboration with the local policing authority to enhance public safety by (a) implementing crime prevention strategies and initiatives; (b) connecting social service providers with persons in need; (c) conducting community patrols and maintaining a visible presence within the community; (d) facilitating the response of members of the local policing authority to situations that require police involvement; and (e) providing information to the local policing authority on ongoing or emerging public safety issues. Initial response to safety threat 77.2(2) A community safety officer may provide an initial response to situations that pose a safety threat that they encounter while performing their other duties until members of the local policing authority are able to respond. Detaining persons posing safety threat 77.2(3) A community safety officer may detain a person posing a safety threat whom they encounter in a situation described in subsection (2) until (a) they are satisfied that the person no longer poses a threat to the safety of themselves or others; or (b) a member of the local policing authority arrives to deal with the person or advises that the person should no longer be detained. Restriction 77.2(4) The exercise of any powers under this section is subject to prescribed conditions or restrictions. S.M. 2014, c. 9, s. 2 ; S.M. 2023, c. 27, s. 8 . Agreement re community safety officer program 77.3(1) A municipality that seeks to operate a community safety program must, after consulting with the local policing authority, enter into an agreement with the minister respecting the operation of the program. Required terms of agreement 77.3(2) An agreement respecting the operation of a community safety officer program must address the following issues: (a) management of the program; (b) financing of the program; (c) the direction and supervision of community safety officers; (d) [repealed] S.M. 2023, c. 27, s. 9 ; (e) the process for dealing with complaints respecting the conduct of community safety officers; (f) termination of the agreement. S.M. 2014, c. 9, s. 2 ; S.M. 2023, c. 27, s. 9 . Appointing community safety officers 77.4(1) A municipality may appoint community safety officers in accordance with this section. Qualifications 77.4(2) To be eligible for appointment as a community safety officer, a person must have the prescribed qualifications. 77.4(3) [Repealed] S.M. 2023, c. 27, s. 10 . S.M. 2023, c. 27, s. 10 . Appointment considerations 77.4(4) When appointing community safety officers, a municipality must take into account the diversity of the municipality. S.M. 2014, c. 9, s. 2 . Required training 77.4.1 A community safety officer must receive training on crime prevention, public safety, conflict de-escalation, detention procedures and other prescribed matters. S.M. 2023, c. 27, s. 11 . Additional powers 77.5(1) The minister may, by regulation, authorize community safety officers to enforce prescribed enactments and perform the duties or exercise the powers under prescribed enactments, subject to any restrictions specified in that regulation. 77.5(2) [Repealed] S.M. 2023, c. 27, s. 12 . S.M. 2014, c. 9, s. 2 ; S.M. 2023, c. 27, s. 12 . Assistance to local policing authority 77.6(1) If authorized by the local policing authority, a community safety officer may provide administrative and logistical support to the local policing authority in criminal and non-criminal matters, such as (a) crime and accident scene management; (b) witness identification; (c) transporting detained persons; (d) executing arrest warrants; (e) serving subpoenas; and (f) receiving reports from the public respecting criminal incidents or matters under The Highway Traffic Act . Restriction 77.6(2) Except as permitted by subsections (1) and 77.2(3), a community safety officer must not participate in any criminal investigation or detain any person in relation to any alleged criminal activity. S.M. 2014, c. 9, s. 2 ; S.M. 2023, c. 27, s. 13 . Peace officer status 77.6.1 A community safety officer has the powers and protections of a peace officer while exercising powers and performing duties under this Part. S.M. 2023, c. 27, s. 14 . Employer 77.7(1) Community safety officers must be municipal employees. Municipality responsible 77.7(2) A municipality is responsible for ensuring that its community safety officers have the required training and perform their duties and exercise their powers in a proper manner. Liability 77.7(3) A municipality is liable for the acts and omissions of its community safety officers in the performance or exercise, or intended performance or exercise, of their duties and powers. S.M. 2014, c. 9, s. 2 ; S.M. 2023, c. 27, s. 15 . Information to director 77.8 A municipality operating a community safety officer program must provide the director with requested information and documents respecting the operation of the program and its community safety officers. S.M. 2014, c. 9, s. 2 . No effect on local policing authority 77.9 The establishment of a community safety officer program does not affect the powers, duties and responsibilities of the local policing authority in the municipality. S.M. 2014, c. 9, s. 2 . Regional community safety officer program 77.9.1(1) Two or more municipalities may jointly operate a regional community safety officer program in accordance with this section. Agreement required 77.9.1(2) The municipalities that seek to operate a regional community safety officer program must, after consulting with their local policing authority, enter into an agreement with the minister respecting the operation of the program. Agreement requirements 77.9.1(3) The agreement must address (a) the issues set out in subsection 77.3(2); and (b) any other matters that the minister considers necessary. Employer 77.9.1(4) Unless the agreement under subsection (2) provides otherwise, the municipalities that operate a regional community safety officer program are deemed to jointly employ the community safety officers in the program. Application 77.9.1(5) Sections 77.2 and 77.4 to 77.11 apply, with necessary changes, to a regional community safety officer program and community safety officers in the program. S.M. 2023, c. 27, s. 16 . Regulations 77.10 The minister may make regulations respecting community safety officer programs, including regulations respecting (a) the ongoing training of community safety officers; (b) uniforms and equipment for community safety officers; (c) the performance of duties and responsibilities by community safety officers. S.M. 2014, c. 9, s. 2 . Definitions 77.11 The following definitions apply in this Part. "community safety officer" means a person appointed as a community safety officer under section 77.4. (« agent de sécurité communautaire ») "local policing authority" means (a) a municipal police service; or (b) the Royal Canadian Mounted Police, when it provides policing services in a municipality. (« corps policier local ») S.M. 2014, c. 9, s. 2 . PART 7.2 FIRST NATION SAFETY OFFICERS First Nation safety officer program 77.11.1 A First Nation, an entity representing a group of First Nations or a First Nation police service may operate a First Nation safety officer program in accordance with this Part. S.M. 2025, c. 11, s. 31 . Agreement to operate safety officer program 77.12(1) A First Nation, an entity representing a group of First Nations or a First Nation police service that seeks to operate a First Nation safety officer program under this Part must enter into an agreement with the minister respecting the operation of the program. Consultation requirement 77.12(1.1) Before entering into an agreement under subsection (1), a First Nation or entity representing a group of First Nations must consult with the local policing authority respecting the proposed First Nation safety officer program. Required terms of agreement 77.12(2) The agreement must address the following issues: (a) management of the program; (b) financing of the program; (c) the direction and supervision of First Nation safety officers; (d) [repealed] S.M. 2023, c. 27, s. 17 ; (e) the area where First Nation safety officers are authorized to perform their duties and exercise their powers; (f) the process for dealing with complaints respecting the conduct of First Nation safety officers; (g) termination of the agreement. S.M. 2015, c. 3, s. 2 ; S.M. 2023, c. 27, s. 17 ; S.M. 2025, c. 11, s. 31 . Requirement for agreement with Government of Canada 77.13 The minister must not enter into an agreement under section 77.12 unless there is an agreement in place between the Government of Manitoba and the Government of Canada respecting the operation of First Nation safety officer programs in Manitoba. S.M. 2015, c. 3, s. 2 . Role of First Nation safety officers 77.14(1) First Nation safety officers are to work in collaboration with the local policing authority to enhance public safety in a First Nation community or group of First Nation communities by (a) implementing crime prevention strategies and initiatives; (b) connecting persons in need with social service providers; (c) conducting community patrols and maintaining a visible presence within a First Nation community or group of First Nation communities; (c.1) facilitating the response of members of the local policing authority to situations that require police involvement; and (d) providing information to the local policing authority on ongoing or emerging public safety issues. Initial response to safety threats 77.14(2) A First Nation safety officer may provide an initial response to situations that pose a safety threat that they encounter while performing their other duties until members of the local policing authority are able to respond. Detaining persons posing safety threat 77.14(3) A First Nation safety officer may detain a person posing a safety threat whom they encounter in a situation described in subsection (2) until (a) they are satisfied that the person no longer poses a threat to the safety of themselves or others; or (b) a member of the local policing authority arrives to deal with the person or advises that the person should no longer be detained. Restriction 77.14(4) The exercise of any powers under this section is subject to prescribed conditions or restrictions. S.M. 2015, c. 3, s. 2 ; S.M. 2023, c. 27, s. 18 . Appointing First Nation safety officers 77.15(1) The operator of a First Nation safety officer program may appoint First Nation safety officers in accordance with this section. Qualifications 77.15(2) To be eligible for appointment as a First Nation safety officer, a person must have the prescribed qualifications. 77.15(3) [Repealed] S.M. 2023, c. 27, s. 19 . S.M. 2015, c. 3, s. 2 ; S.M. 2023, c. 27, s. 19 . Required training 77.15.1 A First Nation safety officer must receive training on crime prevention, public safety, conflict de-escalation, detention procedures and other prescribed matters. S.M. 2023, c. 27, s. 20 . Additional powers 77.16(1) The minister may, by regulation, authorize First Nation safety officers to enforce prescribed enactments and to perform the duties or exercise the powers under prescribed enactments, subject to any restrictions specified in that regulation. 77.16(2) [Repealed] S.M. 2023, c. 27, s. 21 . S.M. 2015, c. 3, s. 2 ; S.M. 2023, c. 27, s. 21 . Assistance to local policing authority 77.17(1) If authorized by the local policing authority, a First Nation safety officer may provide administrative and logistical support to the local policing authority in criminal and non-criminal matters, such as (a) crime and accident scene management; (b) witness identification; (c) transporting detained persons; (d) executing arrest warrants; (e) serving subpoenas; and (f) receiving reports from the public respecting criminal incidents or matters under The Highway Traffic Act . Restriction 77.17(2) Except as permitted by subsections (1) and 77.14(3), a First Nation safety officer must not participate in any criminal investigation or detain any person in relation to any alleged criminal activity. S.M. 2015, c. 3, s. 2 ; S.M. 2023, c. 27, s. 22 . Enforcement of First Nation laws 77.18 If authorized by a First Nation, First Nation safety officers may enforce the following, as applicable: (a) the by-laws of the First Nation; (b) a law enacted by the First Nation under a land code pursuant to the Framework Agreement on First Nation Land Management reached with the Government of Canada; (c) a law enacted by the First Nation under a self-government agreement implemented by an Act of Parliament. S.M. 2015, c. 3, s. 2 ; S.M. 2024, c. 9, s. 26 . Peace officer status 77.18.1 A First Nation safety officer has the powers and protections of a peace officer while exercising powers and performing duties under this Part. S.M. 2023, c. 27, s. 23 . Employer 77.19(1) First Nation safety officers must be employees of the operator of a First Nation safety officer program. Responsibility for officers 77.19(2) The operator of a First Nation safety officer program is responsible for ensuring that its officers have the required training and perform their duties and exercise their powers in a proper manner. Liability 77.19(3) The operator of a First Nation safety officer program is liable for the acts and omissions of its officers in the performance or exercise, or intended performance or exercise, of their duties and powers. S.M. 2015, c. 3, s. 2 ; S.M. 2023, c. 27, s. 24 . Information to director 77.20 The operator of a First Nation safety officer program must provide the director with requested information and documents respecting the operation of the program and its officers. S.M. 2015, c. 3, s. 2 . Regulations 77.21 The minister may make regulations respecting First Nation safety officer programs, including regulations respecting (a) the ongoing training of First Nation safety officers; (b) uniforms and equipment for First Nation safety officers; (c) the performance of duties and responsibilities by First Nation safety officers. S.M. 2015, c. 3, s. 2 . Definitions 77.22 The following definitions apply in this Part. "First Nation community" means a reserve as defined in the Indian Act (Canada). (« collectivité des Premières nations ») "First Nation safety officer" means a First Nation safety officer appointed under section 77.15. (« agent de sécurité des Premières nations ») "local policing authority" means (a) the Royal Canadian Mounted Police, when it provides policing services in a First Nation community; or (b) a First Nation police service, when it provides policing services in a First Nation community. (« corps policier local ») "operator of a First Nation safety officer program" means the First Nation, the entity representing a group of First Nations or the First Nation police service that has entered into an agreement under section 77.12 to operate a First Nation safety officer program. (« prestataire d'un programme d'agents de sécurité des Premières nations ») S.M. 2015, c. 3, s. 2 ; S.M. 2025, c. 11, s. 31 . PART 7.3 INSTITUTIONAL SAFETY OFFICERS Institutional safety officer program 77.23 An institution may operate an institutional safety officer program in accordance with this Part. S.M. 2019, c. 14, s. 2 . Duties of institutional safety officers 77.24 Institutional safety officers are responsible for the following: (a) working in cooperation with the local policing authority to maintain safety and security at facilities owned or operated by the institution; (b) providing an initial response to situations that pose a threat to the safety or security of persons in or around the institution's facilities; (c) facilitating the response of members of the local policing authority to situations in and around the institution's facilities that require police involvement; (d) if authorized by regulation, enforcing specified enactments and exercising the powers and performing the duties under specified enactments at the institution's facilities, subject to any prescribed restrictions. S.M. 2019, c. 14, s. 2 . Agreement 77.25(1) To establish an institutional safety officer program, an agreement respecting the operation of the program must be reached between the institution and the minister. Required terms of agreement 77.25(2) An agreement respecting the operation of an institutional safety officer program must address the following: (a) management of the program; (b) the process for dealing with complaints respecting the conduct of institutional safety officers; (c) termination of the agreement. S.M. 2019, c. 14, s. 2 . Protocols with local policing authority 77.26 An institution may establish protocols with the local policing authority respecting communications between institutional safety officers and the local policing authority and the co-ordination of responses to situations at the institution's facilities that require police involvement. S.M. 2019, c. 14, s. 2 . Appointing institutional safety officers 77.27(1) An institution may appoint institutional safety officers in accordance with this section. Qualifications 77.27(2) To be eligible for appointment as an institutional safety officer, a person must have the prescribed qualifications. Required training 77.27(3) A person must receive prescribed training before being appointed as an institutional safety officer. S.M. 2019, c. 14, s. 2 . Peace officer status 77.28 An institutional safety officer has the powers and protections of a peace officer while exercising powers and performing duties under section 77.24. S.M. 2019, c. 14, s. 2 . Institution responsible 77.29(1) An institution is responsible for ensuring that its institutional safety officers exercise their powers and perform their duties in a proper manner. Liability 77.29(2) An institution is liable for the acts and omissions of its institutional safety officers in the exercise or performance, or intended exercise or performance, of their powers and duties. S.M. 2019, c. 14, s. 2 . Information to director 77.30 An institution operating an institutional safety officer program must provide the director with requested information and documents respecting the operation of the program and its institutional safety officers. S.M. 2019, c. 14, s. 2 . Institutional safety officers at government facilities 77.31(1) The government may operate an institutional safety officer program at government facilities. Application 77.31(2) With the exception of section 77.25, the provisions of this Part apply with necessary changes to an institutional safety officer program operated by the government and to institutional safety officers working at government facilities. S.M. 2019, c. 14, s. 2 . Regulations 77.32(1) The minister may make regulations respecting institutional safety officer programs, including regulations respecting (a) the ongoing training of institutional safety officers; (b) uniforms and equipment for institutional safety officers; (c) the powers, duties and responsibilities of institutional safety officers, including authorizing institutional safety officers to enforce specified enactments and exercise the powers and perform the duties under specified enactments. Scope of regulations 77.32(2) A regulation under subsection (1) may be general or specific in its application and may apply to one or more institutions operating an institutional safety officer program. S.M. 2019, c. 14, s. 2 . Definitions 77.33 The following definitions apply in this Part. "institution" means (a) an entity that owns or operates a hospital as defined in The Health Services Insurance Act ; (b) the following post-secondary institutions: (i) the University of Manitoba, (ii) the University of Winnipeg, (iii) Brandon University, (iv) Université de Saint-Boniface, (v) University College of the North, (vi) Red River College Polytechnic, (vii) Assiniboine Community College, (viii) Manitoba Institute of Trades and Technology; and (c) a prescribed entity. (« établissement ») "institutional safety officer" means a person appointed as an institutional safety officer under section 77.27. (« agent de sécurité en établissement ») "local policing authority" means (a) the municipal police service that provides policing services in the community where an institution's facilities are located; or (b) the Royal Canadian Mounted Police, if it provides policing services in the community where an institution's facilities are located. (« corps policier local ») S.M. 2019, c. 14, s. 2 ; S.M. 2022, c. 24, s. 38 . PART 8 SPECIAL CONSTABLES Appointing special constables 78(1) The director may appoint an individual or class of individuals as special constables, subject to any terms or conditions that the director considers appropriate. Qualifications 78(2) An individual may be appointed as a special constable only if he or she has the prescribed qualifications. Applications 78(3) Except in exigent circumstances, an application for the appointment of a special constable must be made in writing to the director on a form approved by the director. Appointment requirements 78(4) The appointment of a special constable must be made in writing and must set out (a) the duties and responsibilities of the special constable; (b) the territorial jurisdiction of the special constable; (c) the term of the appointment; and (d) any terms or conditions imposed on the appointment. Revoking appointment 79 The director may revoke the appointment of a special constable. 80 [Not proclaimed, but repealed on March 31, 2023] C.C.S.M. c. S207, s. 34.10 . Responsibility for special constables 81(1) The employer of a special constable is responsible for ensuring that a special constable carries out the duties and responsibilities set out in his or her appointment in a proper manner. Liability for special constable 81(2) The employer of a special constable is liable for the actions of the special constable while he or she is carrying out the duties or responsibilities set out in his or her appointment. Regulations 82 The minister may make regulations respecting special constables, including regulations respecting (a) the training of special constables; (b) the performance of duties and responsibilities by special constables; and (c) information and documents to be provided to the director by the employer of a special constable. PART 8.1 MANITOBA CRIMINAL INTELLIGENCE CENTRE MCIC established 82.1(1) The Manitoba Criminal Intelligence Centre is hereby established. Personnel 82.1(2) The Manitoba Criminal Intelligence Centre is a specialized office staffed with criminal intelligence experts and personnel from police services and other law-enforcement-related organizations who are involved in the collection, storage, analysis and use of criminal intelligence. Management of MCIC 82.1(3) The criminal intelligence director is responsible for overseeing the operation and management of the Manitoba Criminal Intelligence Centre. Mandate 82.1(4) The Manitoba Criminal Intelligence Centre is intended to improve the criminal intelligence capacities of police services and other law-enforcement-related organizations in Manitoba by working collaboratively with those organizations to (a) develop their criminal intelligence collection capacity; (b) improve the classification, storage and analysis of criminal intelligence in their possession; and (c) promote and co-ordinate the sharing of criminal intelligence between police services and other law-enforcement-related organizations in Manitoba. S.M. 2022, c. 23, s. 16 . Staff 82.2 Employees required for the Manitoba Criminal Intelligence Centre to carry out its mandate may be appointed under Part 3 of The Public Service Act . S.M. 2022, c. 23, s. 16 . Peace officer status 82.3 The criminal intelligence director and staff at the Manitoba Criminal Intelligence Centre designated by the criminal intelligence director have the powers and protections of a peace officer while carrying out their duties at the Manitoba Criminal Intelligence Centre. S.M. 2022, c. 23, s. 16 . Directive re police service participation at MCIC 82.4(1) The criminal intelligence director may issue a directive to a police service respecting the police service's participation at the Manitoba Criminal Intelligence Centre. Compliance with directive 82.4(2) The chief of a police service must ensure that the police service complies with a directive issued under subsection (1). S.M. 2022, c. 23, s. 16 . Agreements re participation at MCIC 82.5 The criminal intelligence director may enter into an agreement with a law-enforcement-related organization respecting that organization's participation at the Manitoba Criminal Intelligence Centre. S.M. 2022, c. 23, s. 16 . PART 9 MISCELLANEOUS PROVISIONS 83 [Repealed] S.M. 2014, c. 9, s. 3 . Advisory committee 84(1) When the Royal Canadian Mounted Police provides policing services in a municipality under an agreement entered into under section 18 or clause 13(1)⁠(b), the council for the municipality may establish an advisory committee consisting of at least three but no more than seven persons appointed by the council. Role of advisory committee 84(2) The advisory committee is responsible for (a) working with the officer in charge of the detachment that provides policing services in the municipality (i) to establish priorities and objectives for policing in the municipality, and (ii) to ensure that policing services are delivered in a manner consistent with community values, needs and expectations; and (b) serving as a liaison between the community and the Royal Canadian Mounted Police. Oaths 85 Before assuming his or her duties, a police officer or special constable must take an oath or affirmation approved by the minister. Calculating population 86 For the purposes of this Act, the population of a municipality or other area is to be determined using the latest census for which Statistics Canada has issued its final report under the Statistics Act (Canada). Senior officers association 87(1) Despite the definition of "employee" in The Labour Relations Act , if at least 50% of the senior officers in a police service belong to an association composed only of senior officers, the senior officers in that police service may bargain separately with their employer through that association. Definitions 87(2) The following definitions apply in this section. "association" means an association that has as its objectives the improvement of conditions of service and remuneration of its members. (« association ») "senior officer" means (a) a police officer with the rank of inspector or higher, but does not include the police chief or a deputy police chief; and (b) a civilian employed with the police service in a supervisory or confidential capacity. (« cadre supérieur ») Protection from liability 88 No action or proceeding may be brought against the minister, the director, a member of the commission, a member of a police board, the civilian director, an investigator, a community liaison, the criminal intelligence director or any other person acting under authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act. S.M. 2022, c. 10, s. 18 ; S.M. 2022, c. 23, s. 17 . Delegating minister's duties and powers 89 The minister may delegate to the director or any other employee of the department any duty or power conferred or imposed on the minister under this Act, other than the power to make regulations. Review 90 Within five years after this Act comes into force, the minister must undertake a comprehensive review of it, and must, within one year after the review is undertaken or within such further time as the Legislative Assembly may allow, submit a report on the review to the Assembly. Regulations 91(1) The minister may make regulations (a) respecting police boards, including the qualifications of board members and the dismissal of board members; (b) establishing restrictions or conditions on the ability of police officers to act throughout Manitoba; (c) respecting regional police services or First Nation police services; (d) [repealed] S.M. 2022, c. 23, s. 18 ; (e) respecting the operation of the independent investigation unit; (e.1) for the purpose of subsection 76.1(3), specifying the information that must not be included in an investigation report in prescribed circumstances; (f) respecting the obligations of police officers and police services when the independent investigation unit is, or will be, conducting an investigation; (f.1) respecting community liaisons, including training required by community liaisons; (g) respecting appeals of internal discipline by police officers who are not subject to a collective agreement that addresses such appeals, including prescribing the person or body that is to hear an appeal, and appeal procedure; (h) defining any word or expression used but not defined in this Act; (i) prescribing any matter required or authorized by this Act to be prescribed by regulation; (j) respecting any matter necessary or advisable to carry out the purposes of this Act. Application of regulations 91(2) A regulation made under this Act may be general or specific in its application and may apply to one or more police services. S.M. 2022, c. 10, s. 19 ; S.M. 2022, c. 23, s. 18 . PART 10 CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS, REPEAL, CITATION AND COMING INTO FORCE 92 to 105 NOTE: These sections contained consequential amendments to other Acts which are now included in those Acts. TRANSITIONAL PROVISIONS Continuation of municipal police services 106(1) The following municipal police services are continued under this Act: (a) the Winnipeg Police Service established under The City of Winnipeg Charter ; (b) a police service that was established by a municipality under The Municipal Act and was operating immediately before the coming into force of this section. Establishing police board 106(2) A municipality that operated a police service immediately before the coming into force of this section must establish a police board within six months after this section comes into force. Interim operation 106(3) Until its police board is established, the municipality may continue to operate its police service in accordance with the procedures it had in place immediately before the coming into force of this section. Continuation of Dakota Ojibway Police Service 107(1) The Dakota Ojibway Police Service, established under an agreement between the Government of Manitoba, the Government of Canada and the Dakota Ojibway Tribal Council Inc., is continued under this Act as a First Nation Police Service. Police board 107(2) The Dakota Ojibway Tribal Council Police Commission established under the agreement referred to in subsection (1) is continued and, for the purposes of this Act, is deemed to be the police board for the Dakota Ojibway Police Service. Continuation of appointment of police chief 108(1) The appointment of a police chief that was in force immediately before the coming into force of this section is continued. The appointment is deemed to be an appointment made under this Act and may be dealt with as if it were made under this Act. Employment contracts unchanged 108(2) The terms of any employment contract for a police chief entered into before the coming into force of this section continue to apply. Appointments continue 108(3) The appointment of a police officer or special constable that was in force immediately before the coming into force of this section is continued. The appointment is deemed to be an appointment made under this Act and may be dealt with as if it were made under this Act. Continuation of policing agreements 109(1) An agreement that was made under the former Act or The Municipal Act respecting the provision of policing services by the Royal Canadian Mounted Police and that was in effect immediately before the coming into force of this section is continued. Definition 109(2) In subsection (1), "former Act" means The Provincial Police Act , R.S.M. 1987, c. P150, as it read immediately before the coming into force of this section. REPEAL, CITATION AND COMING INTO FORCE Repeal 110 The Provincial Police Act , R.S.M. 1987, c. P150, is repealed. C.C.S.M. reference 111 This Act may be referred to as chapter P94.5 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 112 This Act comes into force on a day to be fixed by proclamation. NOTE: Sections 1 to 5, 13 to 55, 78, 79 and 81 to 89, clauses 91(1)⁠(a) to (d) and (g) to (j), subsection 91(2) and sections 92 to 103 and 105 to 110 of S.M. 2009, c. 32, came into force by proclamation on June 1, 2012. NOTE: Sections 6 to 12 and 111 were proclaimed in force November 15, 2010. NOTE: Sections 56 to 66, 69 to 77, 90, clauses 91(1)⁠(e) and (f) and section 104 came into force by proclamation on June 18, 2015. NOTE: Sections 67 and 68 were never proclaimed into force and were repealed on April 15, 2025 by S.M. 2022, c. 10, s. 20. NOTE: Section 80 was never proclaimed into force and was repealed on March 31, 2023 by C.C.S.M. c. S207, s. 34.10 . NOTE: Section 94 was never proclaimed into force and was repealed by S.M. 2010, c. 11, s. 11.