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Flashcards in Acts, Regulation and Mandate Deck (112)
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1

List 5 regulations under the Provincial Parks Act

Park Activities Regulation
Park Fees Regulation
Provincial Park Designation Regulation
Park Reserve Designation Regulation
Park Districts Designation Regulation
Use of Vehicles in Spruce Woods Provincial Park Regulation
Permits and Leases Regulation

2

List 10 regulations under the Wildlife Act

General Hunting Regulations
Hunting Season and Bag Limits Regulation
Night Hunting Regulations
Restitution Regulations
Wildlife Protection Regulation
Captive Wild Animal Regulation
Captive Hunting Regulation
Hunting Guide Regulation
Hunting Dog Regulation
Moose Conservation Closure Regulation
Exotic Wildlife Regulation
Hunter Education Regulation
Cervid Protection Regulation
Trapping of Wild Animal Regulation
Trapping Areas and Zones Regulation

3

What are the two regulations specifically associated with trapping

Trapping of Wild Animal Regulation
Trapping Areas and Zones Regulation

4

What is the first objective of any enforcement strategy ?

Prevention and education

5

What are you three enforcement priorities, in order

1. Public Safety
2. Wildfire Investigations
3. Ecosystem Protections

6

What are the three subcategories under public safety (enforcement priorities)

1. Dangerous hunting
2. Human wildlife conflict
3. Park safety and security

7

What is the subcategory under wildfire investigations? (Enforcement Priorities)

1. Human caused wildfire

8

What are the four subcategories under ecosystem protections? (ecosystem protections)

1. Disease control
2. Habitat protection
3. Species protection
4. Resource management

9

Under the subcategory resource management, under ecosystem protection, what resources are specifically listed?

1. Timber
2. Fish
3. Wildlife

10

What guides the conservation officer service?

Operational Directive - Enforcement Mandate & provincial enforcement priorities

11

When do conservation officers have the power and authority of peace officers?

When they are enforcing legislation which they have been appointed under

12

What is the primary function of the COS?

Management, protection and enhancement of natural resources

13

Under the conservation officers act (COA) what is the legislated purpose of the act

Establish a service whose members will enforce act respecting natural resources, fish and wildlife, protected areas and environmental protection as well as additional prescribed provincial Acts and
preserve and enhance public safety

14

What are the 16 primary Acts and the 2 primary regulations the COS enforces?

The Crowns Land Act
The Ecological Reserves Act
The Endangered Species and Ecosystems Act
The Fisheries Act
The Forest Act
The Provincial Parks Act
The Resource Tourism Operators Act
The Wildlife Act
The Wild Rice Act
The Wildfires Act

The Environment Act
The Forest Health Protection Act
The Water Protection Act
The Water Rights Act
The Polar Bear Protection Act
The Off Road Vehicles Act

Aquatic Invasive Species Regulation (The Water Protection Act - Manitoba)
Manitoba Fishery Regulations, (Fisheries Act Canada)

15

What Acts can CO's enforce provisions of?

The Forest Health Protection Act
The Environment Act
The Off-road Vehicles Act
The Highway Traffic Act
The liquor and Gaming Control Act
The Intoxicated Persons Detention Act
Fisheries Act (Canada)
Migratory Birds Convention Act (1994) (Canada)
Wild Animal and Plant Protection and Regulation of International & inter-provincial Trade Act (Canada)
Criminal code of canada

16

When does a CO have Peace Officer Status?

When a CO has the power, authority and protection of a peace officer when enforcing legislation under which they have been appointed

and

When they are carrying out public safety duties

17

What are the 4 primary response options for a CO?

Service - provide service to the public

Protection - Preserving and maintaining the public peace while acting in the course of conservation and enforcement duties

Enforcement: An officer may decide that it is in the public's best interest to lay changes and proceed through the judicial system. Discretion can also be used in place of enforcement when that is not the best interest for everyone involved

Prevention: Preventing offences, accidents or problems through intervention, proactive problem solving and education.

18

If enforcing legislation that is not the primary responsibility of a CO what 5 questions must an officer continuously reevaluate

Based on the operational directive - operational mandate, and officer must ask and constantly evaluate:

1. What is my primary responsibility and how does it relate to this?
2. What is in the public's best interest?
3. Is there any immediate danger or safety concerns if I do not act?
4. Can I deal with this at a lower intervention level
5. Is my selected course of action within my knowledge, skills and abilities?

19

What two pieces of legislation prescribe CO's responsible for public safety?

Criminal Code of Canada and the COA

20

What are the three primary reasons a CO would enforce non resource related legislation?

1. Immediate threat to the public, officer or offender (ex. impaired driving, assault of a peace officer, public mischief)
2. When the violation interferes with the quite and peaceful enjoyment or safety of a provincial park (ie. LGCA, IPDA, HTA)
3. When the offence happens in conjunction with resources related offences (ie. Night hunting reveals HTA or ORV offences)

21

What document guides an officers use of force

Criminal Code of Canada

Operational Directive - Use of Force
To be used in conjunction with Officer Safety Directive and the Department Firearm Directive

22

What sections of the criminal code relate to use of force?

25, 26, & 27

23

When are officer protected from criminal and civil liability during use of force?

1. When using force in the lawful execution of their duties
2. When the force is based on reasonable grounds
3. When the force is not excessive

24

In what 5 circumstances can reasonable force be used?

1. Stop a dangerous or unlawful action
2. Officer or public at risk of harm
3. Subject is risking self harm
4. Overcome resistance to lawful arrest
5. Prevent the escape of an arrested person

25

In any use of force incident, officers will

1. Perceive
2. Assess
3. Plan a response
4. Act on the situation

26

To bring a situation under control, an officer will consider

1. Level of resistance displayed by subject (Resistance continuum)
2. Threat assessment (weapon, intent, delivery system)
3. Force variables (officer considerations, subject considerations and envr considerations)
4. Officer perception & Tactical consideration (How an officer perceives a situation based on individual characteristics & tactical considerations such as availability of backup

27

Which two doctrines guide officer use of force?

One Plus One Doctrine: Stipulates that an officer can use one level of control higher than the level of resistance shown. Officer must be able to articulate why a matching level of control was not available due to safety or time considerations.

Justification of Force Doctrine: Made of two qualifications
Escalation - Level of control is determined by level of resistance. Therefore, subjects themselves dictate how much force is used on them.
Preclusion - The levels of control do not have to be followed chronologically and levels of force can be ruled out if an officer determines they would be ineffective in inappropriate. An officer can immediately use the level of force necessary to control the situation

28

Discuss force variables (categories and examples)

Officer Considerations: size, gender, fitness, injury, fatigue, skill level, knowledge, experience, age, availability of back up, number of officers, position/distance/reaction time, disengage potential

Subject Consideration: size, strength, gender, age, weapons, number of subjects, under the influence, goal oriented, reputation (CPIC, history, experience, etc)

ENVR considerations: weather, location, positioning, availability of cover, time of day/light, availability of backup, hazards

29

Discuss officer perception and tactical considerations in a use of force scenario assessment

Officer Perception: How an officer perceives a situation will be determined by individual characteristics of that officer. This will change officer to officer and be valid either way. Characteristics to consider: strength/fitness, injuries, experience, gender, skill/training

Tactical Considerations: Possibility to disengage & consequences, availability of backup, number of officers, geography, uniform and equipment

30

Define reasonable grounds

: a set of conditions or circumstances that would lead any ordinary, prudent individual to come to a strong beliefs that extends beyond mere suspicion