Professional Documents
Culture Documents
© 2016 Her Majesty the Queen in right of the Province of Nova Scotia
Published by Authority of the Speaker of the House of Assembly
Halifax
This page is intentionally blank.
CHAPTER 31 OF THE ACTS OF 2004
amended 2007, c. 10, s. 5; 2010, c. 12, s. 2; 2010, c. 68; 2011, c. 69;
2014, cc. 25, 55, 56
An Act Respecting
Policing in Nova Scotia
Table of Contents
Section
Short title........................................................................................................................................... 1
Interpretation..................................................................................................................................... 2
Minister of Justice
Administration of justice................................................................................................................... 3
Supervision and management of Act ................................................................................................ 4
Duties of Minister ............................................................................................................................. 5
Powers of Minister ............................................................................................................................ 6
Minister may order investigation into policing................................................................................. 7
Minister may direct municipal department members ....................................................................... 8
Minister may assume administration in a municipality .................................................................... 9
Facilities and assistance for Complaints Commissioner and Review Board .................................... 10
Municipal Policing
Police Officers
Medal in Recognition
Police Insignia
Use of insignia................................................................................................................................... 69
Complaints
Internal Discipline
Aboriginal Policing
General
__________
Short title
1 This Act may be cited as the Police Act. 2004, c. 31, s. 1.
Interpretation
2 In this Act,
MINISTER OF JUSTICE
Administration of justice
3 The Minister is the constituted authority for the administration of jus-
tice within the Province and nothing contained in this Act shall be construed to
change or alter this responsibility. 2004, c. 31, s. 3.
Duties of Minister
5 (1) The Minister shall ensure that an adequate and effective level
of policing is maintained throughout the Province.
(2) The Minister shall promote the preservation of peace, the pre-
vention of crime, the efficiency of police services and the improvement of police
relationships with communities within the Province.
(3) For the purpose of subsections (1), (1A) and (2), the Minister
may
(a) issue a directive or a standard operating or administra-
tive procedure to a police department or to the Serious Incident
Response Team;
(b) require a police department, board or advisory board or
the Serious Incident Response Team to develop a directive or a stand-
ard operating or administrative procedure.
Powers of Minister
6 The Minister may
(a) liaise, consult and co-operate with any similar body in Canada
to encourage uniformity in procedures, proceedings, standards and any other
matters relating to police services;
Duties of Commissioner
12 (1) The Complaints Commissioner shall
(a) attempt to resolve complaints referred to the Com-
plaints Commissioner under this Act; and
(b) perform the duties assigned to the Complaints Com-
missioner by this Act, the regulations, the Minister or the Governor in
Council.
(5) The Chair or a co-chair of the Review Board, as the case may
be, must hold a bachelor’s degree in law or a degree that the Governor in Council
determines to be equivalent. 2004, c. 31, s. 13; 2014, c. 56, s. 2.
Oath of office
14 Each member of the Review Board shall take an oath of office or
affirmation as prescribed by regulation. 2004, c. 31, s. 14.
Head office
16 The head office of the Review Board shall be at such place in the
Province as may be designated from time to time by the Governor in Council. 2004,
c. 31, s. 16.
(2) For the purpose of any hearing held by the Review Board pur-
suant to this Act, the Review Board has and may exercise all the powers, privileges
and immunities of a commissioner appointed pursuant to the Public Inquiries Act.
2004, c. 31, s. 20.
Opportunity to appear
22 Every person likely to be directly affected by an inquiry under this
Act shall be afforded a reasonable opportunity to appear and be heard either in per-
son or through counsel. 2004, c. 31, s.22.
Report of investigation
25 The Review Board shall make a report of its investigation under sub-
section 19(2) to
(a) the Minister; and
(b) the board of the municipality for which the police department
is maintained. 2004, c. 31, s. 25.
Director
26B (1) The Governor in Council shall appoint a person to be the
Nova Scotia Civilian Director of the Serious Incident Response Team.
(3) The Director holds office during good behaviour for a term of
five years and may be re-appointed for one additional term of five years.
(4) The Director shall be paid such salary and remuneration as the
Governor in Council determines.
Interim Director
26C (1) The Governor in Council may appoint an interim Director for
one term not exceeding one year
(a) when the Director ceases to hold office; or
(b) if the Director is unable to act.
(2) The Director may, after consultation with the Director of Pub-
lic Prosecutions, designate a crown attorney to act as an acting Director in place of
the Director while the Director is absent or unable for any reason to perform the
duties of his or her office and any act done by the acting Director has the same
force, validity and effect as if done by the Director.
Investigators
26DA (1) The Governor in Council may, on the recommendation of the
Director, appoint investigators as necessary for the purpose of the Serious Incident
Response Team.
Other employees
26E Such other employees as necessary for the purpose of the Serious
Incident Response Team may be appointed pursuant to the Civil Service Act. 2010,
c. 68, s. 3; 2011, c. 69, s. 2.
Agreements
26H (1) The Director may enter into agreements with an agency, the
Government of Canada, the government of another province of Canada or a munici-
pality as required to undertake the work of or related to the Serious Incident
Response Team.
(2) The Minister may notify the Director if the Minister deter-
mines that it would be in the public interest for an incident alleged to have occurred
from the actions of a police officer to be dealt with in accordance with subsection
(3).
(4) For greater certainty, the Director may determine that it would
be in the public interest for an incident alleged to have occurred from the actions of
a police officer to be dealt with in accordance with subsection (3). 2010, c. 68, s. 3;
2014, c. 25, s. 4.
Report
26J Upon the conclusion of an investigation under Section 26I or as
requested by the Director, a report must be submitted to the Director in the form
prescribed by the Director. 2010, c. 68, s. 3.
Investigation summary
26M (1) As soon as reasonably practicable but no later than three
months after receiving a report pursuant to Section 26J, the Director shall provide a
summary of any investigation conducted in accordance with Section 26I to the Min-
ister and to the agency in which the police officer under investigation is or was
employed.
Annual report
26N The Director shall submit an annual report to the Minister on the
operations of the Serious Incident Response Team, which must include
(a) the number of investigations started and concluded in the
year;
Chief officer
28 (1) The Provincial Police shall be under the general control and
supervision of the Minister who may, with the approval of the Governor in Council,
appoint a person to be the chief officer of the Provincial Police.
(2) The chief officer of the Provincial Police may from time to
time appoint eligible persons to be members of the Provincial Police in accordance
with the regulations. 2004, c. 31, s. 28.
Oath of office
29 A person appointed as a member of the Provincial Police shall take
the oath or affirmation prescribed by the regulations. 2004, c. 31, s. 29.
Duties
30 (1) A member of the Provincial Police is charged with the
enforcement of
(a) the penal provisions of all the laws of the Province;
(b) any penal laws in force in the Province, other than laws
of a municipality; and
(c) the laws of a municipality, where specified by the Min-
ister.
Annual report
33 After the end of each calendar year, the chief officer of the Provincial
Police shall file with the Minister an annual report on the affairs of the Provincial
Police. 2004, c. 31, s. 33.
Police or other police department shall be under the general control and supervision
of the Minister.
MUNICIPAL POLICING
(2) For the purpose of selecting and hiring a chief officer, the
council shall follow and apply the selection process and qualifications established
by the regulations.
(3) For one year after the chief officer's appointment, the chief
officer holds office at pleasure and thereafter may be dismissed only for cause.
(2) The Minister, upon being satisfied that the board or the munic-
ipality has failed to comply with a notice sent pursuant to subsection (1), may refer
the matter to the Review Board for an investigation.
(4) Where the Minister suspends or removes the entire board pur-
suant to clause (3) (a) or (b), the Minister may appoint persons to act as members of
the board until board members are appointed pursuant to this Act.
(5) All costs incurred pursuant to this Section shall be paid by the
municipality and costs incurred by the Province pursuant to this Section constitute a
debt due to and recoverable by the Province from the municipality which may be
deducted from any funds payable by the Province to the municipality. 2004, c. 31,
s. 41.
POLICE OFFICERS
(2) Subject to this Act and the regulations, or any other enactment
or an order of the Minister, the authority, responsibility and duty of a member of a
municipal police department includes
(a) maintaining law and order;
(b) the prevention of crime;
(c) enforcing the penal provisions of the laws of the Prov-
ince and any penal laws in force in the Province;
(d) assisting victims of crime;
(e) apprehending criminals and offenders who may law-
fully be taken into custody;
(f) laying charges and participating in prosecutions;
(g) executing warrants that are to be executed by peace
officers;
(h) subject to an agreement respecting the policing of the
municipality, enforcing municipal by-laws within the municipality;
and
(i) obeying the lawful orders of the chief officer,
and the person shall discharge these responsibilities throughout the Province. 2004,
c. 31, s. 42; 2010, c. 68, s. 4.
(3) A municipality that may be liable under this Section has the
right to defend in the name and on behalf of the member of the police department
any claim or civil action that may be brought against the member and that may
result in such liability, and the municipality has the right to make such investigation,
MEDAL IN RECOGNITION
MUNICIPAL BOARD OF
POLICE COMMISSIONERS
(6) The chief officer and the chief administrative officer of the
municipality must receive notice of the meetings of the board and are entitled to
attend such meetings but not to vote.
Operation of board
45 (1) Each member of a board shall take an oath of office or affir-
mation as prescribed by regulation and adhere to a code of conduct prescribed by
regulation.
that made the initial appointment may appoint some other person to act as or be a
member of the board in place or stead of the absent member. 2004, c. 31, s. 45.
Remuneration
46 The council may provide for the payment of a reasonable remunera-
tion to the members of the board who are not members of the council. 2004, c. 31,
s. 46.
No action lies
47 No action or other proceeding for damages shall be instituted against
a member of a board for any act done in good faith in the execution or intended exe-
cution of the member’s duty or for any alleged neglect or default in the execution in
good faith of that duty. 2004, c. 31, s. 47.
Meetings
49 The board must hold a board meeting at least every three months.
2004, c. 31, s. 49.
Quorum
50 A majority of the members of the board constitutes a quorum. 2004,
c. 31, s. 50.
(2) The board shall ensure that the budget prepared pursuant to
subsection (1) is consistent with those matters referred to in subsection 55(3).
Function of board
55 (1) The function of a board is to provide
(a) civilian governance on behalf of the council in relation
to the enforcement of law, the maintenance of law and order and the
prevention of crime in the municipality; and
(b) the administrative direction, organization and policy
required to maintain an adequate, effective and efficient police
department,
but the board shall not exercise jurisdiction relating to
(c) complaints, discipline or personnel conduct except in
respect of the chief officer of the municipal police department;
(d) a specific prosecution or investigation; or
(e) the actual day-to-day direction of the police depart-
ment.
(2) With the approval of the Minister, the council, by by-law, may
prescribe
(a) the additional or more specific roles and responsibili-
ties of a board; and
(b) the rules and regulations governing proceedings of a
board,
and the board has sole jurisdiction over the matters so delegated to it.
policed by the Royal Canadian Mounted Police, they may, with the Minister’s
approval, establish a joint advisory board by entering into an agreement to do so.
(6) The chief officer and the chief administrative officer of the
municipality must receive notice of the meetings of an advisory board and are enti-
tled to attend such meetings but not to vote.
Remuneration
61 The council may provide for the payment of a reasonable remunera-
tion to the members of the advisory board who are not members of the council.
2004, c. 31, s. 61.
No action lies
62 No action or other proceeding for damages shall be instituted against
a member of an advisory board for any act done in good faith in the execution or
intended execution of the member’s duty or for any alleged neglect or default in the
execution in good faith of that duty. 2004, c. 31, s. 62.
Meetings
63 The advisory board must hold a board meeting at least every three
months. 2004, c. 31, s. 63.
Quorum
64 A majority of the members of the advisory board constitutes a quo-
rum. 2004, c. 31, s. 64.
(2) With the approval of the Minister, the council, by by-law, may
prescribe
POLICE INSIGNIA
Use of insignia
69 (1) No person or organization shall use the uniform, insignia,
vehicle markings or other signs or symbols of a police department.
(2) Where the Minister is of the opinion that the uniform, insig-
nia, vehicle markings or other signs or symbols employed by a person or organiza-
tion are so similar to those used by a police department that the public or a member
of the public may be misled, the Minister may, by order in writing, require the per-
son or organization to cease using the uniform, insignia, vehicle markings or other
signs or symbols. 2004, c. 31, s. 69.
COMPLAINTS
(3) The chief officer may delegate the chief officer’s authority to
a member of the municipal police department or may ask a member of another
police department to investigate the complaint and report on the findings.
(4) The chief officer shall report all complaints to the Complaints
Commissioner at the time and in the manner prescribed by regulation. 2004, c. 31,
s. 71.
member of a municipal police force named in the complaint or the person who made
the complaint shall not be admitted in evidence at any subsequent proceeding in
respect of the complaint except with the consent of the member or the person who
made the complaint, as the case may be, and the person designated to investigate for
the Complaints Commissioner shall not give evidence nor shall any material in the
file be produced at a proceeding in respect of the complaint. 2004, c. 31, s. 75.
Parties to proceedings
77 At a hearing of the Review Board,
(a) where the review is the result of or involves a complainant,
the complainant;
(b) a member of a municipal police department who is the subject
of complaint or disciplinary proceedings;
(c) the chief officer or the chief officer’s delegate;
(d) the board;
(e) any person who can demonstrate a personal interest in the pro-
ceedings; and
(f) the Minister,
are entitled to be parties to the proceedings. 2004, c. 31, s. 77.
Hearing de novo
78 A hearing by the Review Board shall be a hearing de novo and the
parties to the proceeding may
(a) appear and be heard and be represented by counsel; and
(b) call witnesses and examine or cross-examine all witnesses.
2004, c. 31, s. 78.
(c) find that the matter under review has validity and rec-
ommend to the body responsible for the member of the municipal
police department what should be done in the circumstances;
(d) vary any penalty imposed including, notwithstanding
any contract or collective agreement to the contrary, the dismissal of
the member of the municipal police department or the suspension of
the member with or without pay;
(e) affirm the penalty imposed;
(f) substitute a finding that in its opinion should have been
reached;
(g) award or fix costs where appropriate, including order-
ing costs against the person making the complaint, where the com-
plaint is without merit;
(h) supersede a disciplinary procedure or provision in a
contract or collective agreement.
(2) The decision of the Review Board must be in writing and pro-
vide reasons and shall be forwarded to the parties.
and the Review Board shall forward the decision so endorsed to the prothonotary of
the Supreme Court who shall, on receiving it, enter the same as a record and it shall
thereupon be enforceable in the same manner as an order or judgment of that Court.
2004, c. 31, s. 79; 2014, c. 56, s. 6.
INTERNAL DISCIPLINE
Proceedings required
80 (1) No member of a municipal police department is subject to
reduction in rank, to dismissal or to any other penalty for breach of the code of con-
duct except after proceedings have been taken in accordance with this Act and the
regulations.
Initiation of review
81 After a disciplinary decision has been made in accordance with this
Act and the regulations, a police officer who is the subject of the disciplinary deci-
sion may initiate a review of the decision by filing a notice of review with the Com-
plaints Commissioner in accordance with the regulations. 2004, c. 31, s. 81; 2014, c. 56,
s. 7.
Hearing
82 Upon receipt of a notice of review, the Review Board shall conduct a
hearing. 2004, c. 31, s. 82.
Amalgamation agreement
84 (1) Notwithstanding any enactment, two or more municipalities
having police departments may enter into an agreement to be policed by a single
police department, but the agreement shall not take effect until it is approved by the
Minister.
Approval
85 (1) Where two or more municipalities are amalgamated, the amal-
gamation of the police department shall not take effect until the organization of the
amalgamated police department has been approved by the Minister.
ABORIGINAL POLICING
SPECIAL CONSTABLES,
BY-LAW ENFORCEMENT OFFICERS AND
AUXILIARY CONSTABLES
Special constables
88 (1) The Minister or chief officer with the approval of the Minister
may
(a) appoint special constables as necessary;
(b) define the offices, positions, territorial jurisdiction and
duties of special constables, generally or specifically;
(c) make rules and regulations governing the qualifica-
tions, office, position, duties, conduct and discipline of special con-
stables and any other matter concerning special constables;
(d) suspend or revoke the appointment of a special consta-
ble
officer’s delegate may, in accordance with the regulations, appoint persons as auxil-
iary police officers to assist the police department in the performance of its duties.
GENERAL
Act prevails
93 (1) Where there is a conflict between this Act and any other Act,
this Act prevails.
(2) Every collective agreement is subject to this Act and the regu-
lations and, where there is a conflict between the agreement and this Act or between
the agreement and the regulations, this Act and the regulations prevail. 2004, c. 31,
s. 93.
No action lies
94 No action lies or shall be instituted against the Minister, Her Majesty
in right of the Province, an employee of the Department of Justice, the Complaints
Commissioner, the Review Board, a member of the Review Board or the Serious
Incident Response Team for any act done in good faith in the execution or intended
execution of duty or for any alleged neglect or default in the execution in good faith
of that duty. 2004, c. 31, s. 94; 2010, c. 68, s. 5.
Transitional provisions
96 (1) In this Section,
(a) “former Commission” means the Nova Scotia Police
Commission established pursuant to Chapter 348 of the Revised Stat-
utes, 1989, the Police Act;
(b) “former Review Board” means the Police Review
Board established pursuant to Chapter 348 of the Revised Statutes,
1989, the Police Act.
(2) Upon the coming into force of this Act, the members of the
former Commission and the members of the former Review Board are the members
of the Review Board and hold office on the same basis, for the same term and upon
the same conditions as their appointment to the former Commission or former
Review Board, as the case may be, except where the appointment conflicts with this
Act, in which case this Act applies.
(3) For greater certainty, every matter before the former Review
Board immediately before the coming into force of this Act shall be continued
before the Review Board and, where any such matter has been heard, in whole or in
part, by any members of the former Review Board, the matter shall be heard by such
of those members as are members of the Review Board. 2004, c. 31, s. 96.
Regulations
97 (1) The Governor in Council may make regulations
(a) respecting the governance of police departments and
the Serious Incident Response Team and the conduct, duties, suspen-
sion and dismissal of members of police departments and the Serious
Incident Response Team;
(b) governing the qualifications and requirements for the
appointment of members to police departments;
(c) governing the qualifications of and process for the
appointment of a chief officer;
(d) respecting special constables and by-law enforcement
officers;
(e) governing the qualifications, criteria, appointment,
duties and training required of an auxiliary police officer;
(f) prescribing the deployment and deportment of auxil-
iary police officers;
(g) prescribing the minimum remuneration to be paid by a
municipality to members of boards who are appointed by the Minis-
ter;
(h) providing for or granting financial assistance, includ-
ing guarantees, to and the administration and course of study in a
police training school;
(i) respecting applications for and other matters relating to
appointments under this Act, including the fees therefor;
(j) respecting the procedures for dealing with complaints;
(k) respecting the investigative powers of a person
assigned by the Review Board or the Complaints Commissioner to
conduct an investigation pursuant to this Act;
(l) respecting costs and fees payable with respect to an
investigation or inquiry pursuant to Section 23;
(m) respecting the investigative powers of a person
assigned by the Minister to perform an investigation pursuant to Sec-
tion 7;
in subsection (2) are regulations within the meaning of the Regulations Act. 2004,
c. 31, s. 97; 2010, c. 68, s. 7.
Proclamation
99 This Act comes into force on such day as the Governor in Council
orders and declares by proclamation. 2004, c. 31, s. 99.
__________