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Police Regulations

made under subsection 97(1) of the

Police Act

S.N.S. 2004, c. 31

O.I.C. 2005-567 (December 20, 2005, effective January 1, 2006), N.S. Reg. 230/2005

as amended up to O.I.C. 2012-120 (April 18, 2012, effective April 20, 2012), N.S. Reg. 90/2012


Table of Contents


Citation


Definitions


Part 1 - Qualifications and Appointments

Members

Definition of “member” for this Part

Member qualifications

Chief officer qualifications

Chief officer selection process

Special Constables and By-law Enforcement Officers

Special constable and by-law enforcement officer qualifications

Record of appointments of special constables and by-law enforcement officers

Policies and procedures for special constables and by-law enforcement officers

Performance evaluation for special constable or by-law enforcement officer

Auxiliary Police Officers

Auxiliary police officer qualifications

Conflict of interest

Liability insurance

Record of appointments of auxiliary police officers

Policies and procedures

Oaths of Office

Oath of office for member

Oath of office for special constable and by-law enforcement officer

Oath of office or affirmation for other special constables and by-law enforcement officers

Oath of office for auxiliary police officer

Must take oath before assuming duties


Part 2 - Police Department Discipline and Conduct

Discipline and Duty

Definition of “member” for this Part

Disciplinary authority for police department

Discipline standards for police departments and members

Duty of member to assist board and Review Board

Code of Conduct and Disciplinary Defaults

Code of Conduct

Penalty for disciplinary default by member other than chief officer

Penalty for disciplinary default by chief officer

General Complaint Procedures

Making complaint

Complaint made by third party

Complaint made more than 6 months after occurrence

Statement of procedures and rights to complainant

Recording and forwarding copies of complaint

Report of complaint to Complaints Commissioner

Who may investigate complaint

Informal resolution of complaint

Continuing investigation of unresolved complaint

Time limit for investigation

Retention of information, notes and evidence

Request for review and referral to Complaints Commissioner

Referral by Complaints Commissioner to Review Board

Withdrawing a complaint

Investigation of Complaint About Member by Disciplinary Authority

Notice of allegation

Report and notification on completion of investigation of complaint

Consideration of organizational or administrative matters addressed in report

Disciplinary authority’s decision

Internal Discipline

Allegation of disciplinary default

Investigator for alleged disciplinary default

Time limit for investigation of alleged disciplinary default

Report on investigation of allegation against member other than chief officer

Chief officer to consider departmental practices identified in report

Decision in disciplinary default matter for member other than chief officer

Report on investigation of allegation against chief officer

Board to consider departmental practices identified in report

Decision in disciplinary default matter for chief officer

Review of decision by Review Board

Review Board Hearings

Quorum

Written submissions

Burden of proof

Expungement of Disciplinary Default

When disciplinary default deemed expunged

Time periods deemed to run concurrently

Dismissal and Reduction in Rank

Dismissing member on probation

Dismissing member guilty of offence

Dismissal or reduction in rank and pay following investigation

Suspension

Suspending member from duty

Deciding whether to continue suspension

Restrictions on member during suspension

Internal discipline proceedings against member on suspension

Pay and allowances during suspension

No permanent suspension without internal discipline proceedings

Criminal Misconduct by Member

Minister may request investigation of allegation

Criminal charge against member

Notices

Giving notice

When notice deemed received

Transition for Complaint and Disciplinary Proceedings


Part 3 - Administrative and Governing Bodies

Oaths of Office for Members of Administrative and Governing Bodies

Oath of office for member of Review Board, board or advisory board

Must take oath before assuming duties

Municipal Boards of Police Commissioners

Board member selection process

Board member qualifications

Role of board chair

Code of conduct for board members

Joint Boards and Boards of Amalgamated Municipalities

Agreement for joint policing services or amalgamated police department

Membership of joint board or board of amalgamated municipality

Advisory Boards

Advisory board member selection process

Advisory board member qualifications

Code of conduct for advisory board members


Form 1 - Oath of Office for Member of Police Department


Form 2 - Oath of Office for Special Constable or By-law Enforcement Officer

 

Form 2A - Oath of Office for Special Constables and By-law Enforcement Officers appointed under subsections 88(1) and 89(1) of the Police Act

 

Form 3 - Oath of Office for Auxiliary Police Officer


Form 4 - Oath of Office for Member of Nova Scotia Police Review Board, Municipal Board of Police Commissioners or Police Advisory Board


Citation

1     These regulations may be cited as the Police Regulations.


Definitions

2     In these regulations,

 

                (a)    “Act” means the Police Act;

 

                (b)    “advisory board” means an advisory board as defined in clause 2(a) of the Act;

 

                (c)    “auxiliary police officer” means an auxiliary police officer appointed under Section 91 of the Act;

 

                (d)    “board” means a board as defined in clause 2(b) of the Act, and when used in the context of a police department means the board for the municipality served by that police department;

 

                (e)    “by-law enforcement officer” means, except in Section 17A and Form 2A, a by-law enforcement officer appointed under subsection 37(4) of the Act by a board on a chief officer’s recommendation or by a chief officer in accordance with a municipal by-law;

Clause 2(e) amended: O.I.C. 2009-32, N.S. Reg. 14/2009.

 

                (f)    “chief officer” means a chief officer as defined in clause 2(c) of the Act, and when used in the context of a police department means the chief officer of that police department;

 

                (g)    “Code of Conduct” means the code of conduct for members, special constables and by-law enforcement officers prescribed in Section 24, as referred to in Section 80 of the Act;

 

                (h)    “code of conduct for advisory board members” means the code of conduct for advisory board members prescribed in Section 84, as required by Section 58 of the Act;

 

                (i)     “code of conduct for board members” means the code of conduct for board members prescribed in Section 79, as required by subsection 45(1) of the Act;

 

                (j)     “complaint” means a complaint as defined in clause 2(d) of the Act;

 

                (k)    “Complaints Commissioner” means the Complaints Commissioner as defined in clause 2(e) of the Act;

 

                (l)     “complaints officer” of a police department means the chief officer of the police department, or a member of the department designated by the chief officer as the complaints officer;

 

                (m)   “council” means a council as defined in clause 2(f) of the Act, and when used in the context of a police department means the council of the municipality served by that police department;

 

                (n)    “disciplinary authority” means a person or body, other than the Review Board, that has jurisdiction under the Act and these regulations to deal with a complaint, an internal disciplinary matter or [a] suspension;

 

                (o)    “disciplinary default” means a breach of the Code of Conduct;

 

                (p)    “investigator”, as the context requires, means a person who is

 

                         (i)     designated in accordance with Section 33 to investigate a complaint, or

                         (ii)    designated in accordance with Section 46 to investigate an allegation of disciplinary default;

 

                (q)    “Minister” means the Minister of Justice;

 

                (r)    “police department”, unless the context otherwise requires, means a municipal police department established in accordance with clause 36(1)(a) of the Act or an amalgamated police department established in accordance with Section 84 or 85 of the Act;

 

                (s)    “prescribed form” means a form prescribed by the Complaints Commissioner;

 

                (t)     “record” includes data entered or stored in a computer or on tapes;

 

                (u)    “Review Board” means the Review Board as defined in clause 2(k) of the Act;

 

                (v)    “special constable” means, except in Section 17A and Form 2A, a special constable appointed under subsection 37(4) of the Act, and for greater certainty does not include a special constable designated under subsection 73(4) or 74(3) of the Act or appointed under clause 41(3)(d) or 88(1)(a) of the Act.

Clause 2(v) amended: O.I.C. 2009-32, N.S. Reg. 14/2009.



Part 1 - Qualifications and Appointments


Members


Definition of “member” for this Part

3     For the purposes of this Part, “member” means a member of a police department appointed under subsection 37(4) of the Act or a chief officer appointed under subsection 38(1) of the Act who has been sworn in as a peace officer, and for greater certainty does not include a special constable or a by-law enforcement officer.


Member qualifications

4     (1)    To be a candidate for appointment as a member, a person must be at least 19 years old and must demonstrate all of the following qualifications to the satisfaction of the chief officer or, for an appointment as chief officer, to the satisfaction of the council:

 

                (a)    a good character;

 

                (b)    Canadian citizenship with residence in Canada, or permanent residence as defined by the Immigration and Refugee Protection Act (Canada);

 

                (c)    the ability to carry out the services required of them as a member;

 

                (d)    successful completion of a recognized training program;

 

                (e)    any qualifications prescribed by the Minister in addition to those specified in clauses (a) to (d).

 

       (2)    To be a candidate for appointment as a member, a person must consent to criminal and background checks, including testing and interviews.

 

       (3)    A person must not be appointed as a member if criminal and background checks show that the person has been convicted of any criminal offence or has been or is the subject of a disciplinary proceeding in any jurisdiction that, in the opinion of the chief officer or, for an appointment of a chief officer, the council, would reasonably be expected to have a negative impact on their acting as a member or on the policing profession generally.


Chief officer qualifications

5     In addition to meeting the requirements set out in Section 4, to be a candidate for appointment as a chief officer, a person must demonstrate all of the following qualifications to the satisfaction of the council:

 

                (a)    successful completion of a police management course at a recognized training facility, or an equivalent combination of experience and education;

 

                (b)    at least 10 years’ police experience;

 

                (c)    the professional qualifications pertinent to the position applied for;

 

                (d)    demonstrated administrative qualifications, including planning and organizational abilities and the ability to supervise;

 

                (e)    exceptional oral and written communication skills;

 

                (f)    knowledge of board governance and oversight and strategic business planning, including financial planning.


Chief officer selection process

6     The selection process used by a council in appointing a chief officer must meet the following requirements:

 

                (a)    selection criteria must be applied consistently to each applicant;

 

                (b)    selection criteria must be properly related to established job requirements;

 

                (c)    assessment techniques, including interviewing and rating applicants, checking references and administering tests, must be carried out fairly, impartially and consistently;

 

                (d)    except as otherwise provided in an established hiring policy of the municipality, the successful candidate must be chosen based on merit.


Special Constables and By-law Enforcement Officers


Special constable and by-law enforcement officer qualifications

7     (1)    To be a candidate for appointment as a special constable or by-law enforcement officer, a person must be at least 19 years old and must demonstrate all of the following qualifications to the satisfaction of the chief officer:

 

                (a)    a good character;

 

                (b)    Canadian citizenship with residence in Canada, or permanent residence as defined by the Immigration and Refugee Protection Act (Canada);

 

                (c)    the ability to carry out the services required of them as a special constable or by-law enforcement officer;

 

                (d)    the ability to meet the minimum training standards established by the Minister;

 

                (e)    any qualifications prescribed by the Minister in addition to those specified in clauses (a) to (d).

 

       (2)    To be a candidate for appointment as a special constable or by-law enforcement officer, a person must consent to criminal and background checks.

 

       (3)    A person must not be appointed as a special constable or by-law enforcement officer if criminal and background checks show that the person has been convicted of any criminal offence or has been or is the subject of a disciplinary proceeding in any jurisdiction that, in the opinion of the chief officer, would reasonably be expected to have a negative impact on their acting as a special constable or by-law enforcement officer or on the policing profession generally.


Record of appointments of special constables and by-law enforcement officers

8     Each municipality must maintain a record of all of its appointments of special constables and by-law enforcement officers, and must provide the record to the Minister on request.


Policies and procedures for special constables and by-law enforcement officers

9     (1)    A municipality that appoints a special constable or by-law enforcement officer must establish policies and procedures specifying the authority, responsibility and duty of the special constable or by-law enforcement officer and must provide the policies and procedures to the Minister in writing, for the Minister’s approval.

 

       (2)    A municipality must not carry out a policy or procedure established for a special constable or a by-law enforcement officer unless it is approved by the Minister.


Performance evaluation for special constable or by-law enforcement officer

10   (1)    Before reappointing a person as a special constable or by-law enforcement officer, the chief officer must evaluate the person’s performance as a special constable or by-law enforcement officer since their appointment or most recent reappointment.

 

       (2)    A municipality must keep records of all performance evaluations conducted under subsection (1), and must provide the records to the Minister on request.


Auxiliary Police Officers


Auxiliary police officer qualifications

11   (1)    To be a candidate for appointment as an auxiliary police officer, a person must be at least 19 years old and must demonstrate all of the following qualifications to the satisfaction of the chief officer:

 

                (a)    a good character;

 

                (b)    Canadian citizenship with residence in Canada, or permanent residence as defined by the Immigration and Refugee Protection Act (Canada);

 

                (c)    completion of Grade 12 or the equivalent;

 

                (d)    the ability to meet the minimum training standards established by the Minister in a standard operating procedure;

 

                (e)    the ability to carry out the services required of them as an auxiliary police officer;

 

                (f)    any qualifications prescribed by the Minister in addition to those specified in clauses (a) to (e).

 

       (2)    To be a candidate for appointment as an auxiliary police officer, a person must consent to criminal and background checks.

 

       (3)    A person must not be appointed as an auxiliary police officer if criminal and background checks show that the person has been convicted of any criminal offence or has been or is the subject of a disciplinary proceeding in any jurisdiction that, in the opinion of the chief officer, would reasonably be expected to have a negative impact on their acting as an auxiliary police officer, or on the policing profession generally.


Conflict of interest

12   A person must not be appointed as an auxiliary police officer if acting as an auxiliary police officer would create a conflict of interest with their business operations or employment.


Liability insurance

13   A municipality or police department for which an auxiliary police officer is appointed must maintain third party liability insurance in respect of the performance of the auxiliary police officer’s duties and must maintain documentation of the insurance for review by the Minister.


Record of appointments of auxiliary police officers

14   Each municipality must maintain a record of all of its appointments of auxiliary police officers, and must provide the record to the Minister on request.


Policies and procedures

15   (1)    A person appointing an auxiliary police officer must provide policies and procedures for all of the following in writing to the Minister, for the Minister’s approval:

 

                (a)    the auxiliary police officer carrying out their authority, responsibility and duty;

                (b)    the standard of conduct to be met by the auxiliary police officer;

                (c)    disciplining the auxiliary police officer;

                (d)    subject to subsection (2), the handling of any complaint that is made against the auxiliary police officer.

 

       (2)    If a complaint is made against an auxiliary constable, the person who appointed the auxiliary police officer must investigate the complaint no later than 30 days after the date that the complaint is received.


Oaths of Office


Oath of office for member

16   The oath of office or affirmation required for a member is prescribed as Form 1.


Oath of office for special constable and by-law enforcement officer

17   The oath of office or affirmation required for a special constable or a by-law enforcement officer is prescribed as Form 2.


Oath of office or affirmation for other special constables and by-law enforcement officers

17AThe oath of office or affirmation required for a special constable appointed under subsection 88(1) of the Act or a by-law enforcement officer appointed under subsection 89(1) of the Act is prescribed as Form 2A.

Section 17A added: O.I.C. 2009-32, N.S. Reg. 14/2009.


Oath of office for auxiliary police officer

18   The oath of office or affirmation required for an auxiliary police officer is prescribed as Form 3.


Must take oath before assuming duties

19   A person referred to in Section 16, 17 or 18 must make their oath or affirmation before assuming their duties in the position for which the oath or affirmation is required.



Part 2 - Police Department Discipline and Conduct


Discipline and Duty


Definition of “member” for this Part

20   For the purposes of this Part, “member” includes a special constable and a by-law enforcement officer.


Disciplinary authority for police department

21   (1)    Subject to subsection (2) and except as provided in subsection (3), the chief officer of a police department is the disciplinary authority for the police department.

 

       (2)    A chief officer may delegate their powers as disciplinary authority to an officer not below the rank of inspector.

 

       (3)    If a chief officer of a police department is the subject of a complaint or is alleged to have committed a disciplinary default, the disciplinary authority for the police department is the board.


Discipline standards for police departments and members

22   (1)    Each police department must consistently maintain a high standard of police discipline.

 

       (2)    Each member in a senior or supervisory rank must

 

                (a)    set an example to all members in carrying out their assignments;

                (b)    display a strict sense of duty and impartiality in dealing with subordinates; and

                (c)    impartially administer disciplinary matters in accordance with these regulations.


Duty of member to assist board and Review Board

23   To enable the board and the Review Board to carry out their duties and functions pursuant to the Act, it is the duty of every member to assist and co-operate with the board and the Review Board, including board and Review Board staff, and to ensure that any required documentation is submitted to the parties in accordance with these regulations.


Code of Conduct and Disciplinary Defaults


Code of Conduct

24   (1)    A member who engages in discreditable conduct in any of the following ways commits a disciplinary default:

 

                (a)    acting in a disorderly manner or in a manner that is reasonably likely to bring discredit on the reputation of the police department;

 

                (b)    contravening an enactment of the Province, a province or territory of Canada or the Government of Canada in a manner that is likely to bring discredit on the reputation of the police department;

 

                (c)    assaulting another member;

 

                (d)    using oppressive or abusive conduct or language towards another member;

 

                (e)    being discourteous or uncivil to a member of the public, having regard to all the circumstances;

 

                (f)    knowingly being an accessory to a disciplinary default by aiding, abetting or conniving with a party;

 

                (g)    being improperly dressed or being untidy or unkempt in appearance while wearing a uniform on or off duty;

 

                (h)    withholding or suppressing a complaint or report against another member.

 

       (2)    A member who is insubordinate, either by word or action, by disobeying, omitting or neglecting to carry out a lawful order without adequate reason commits a disciplinary default.

 

       (3)    A member who neglects their duties in any of the following ways commits a disciplinary default:

 

                (a)    neglecting to or, without adequate reason, failing to promptly, properly or diligently perform a duty as a member;

 

                (b)    failing to work in accordance with orders;

 

                (c)    leaving an area detail or other place of duty without permission or sufficient cause or, having left a place of duty with permission or cause, failing to return without undue delay;

 

                (d)    being absent from duty without adequate reason;

 

                (e)    being tardy in reporting for duty without adequate reason;

 

                (f)    neglecting or lacking concern for the health or safety of a person in the member’s custody.

 

       (4)    A member who is deceitful in any of the following ways commits a disciplinary default:

 

                (a)    wilfully or negligently making or signing a false, misleading or inaccurate written statement or entry, including by electronic means, in an official document or record;

 

                (b)    wilfully or negligently making a false, misleading or inaccurate oral or written statement or signing a false, misleading or inaccurate written statement pertaining to the member’s duties;

 

                (c)    without lawful excuse, destroying, mutilating or concealing an official document or record or altering, erasing or adding to an entry in an official document or record.

 

       (5)    A member who improperly discloses information in any of the following ways commits a disciplinary default:

 

                (a)    communicating information that the member has as a member of a police department without proper authority;

 

                (b)    making an anonymous communication to any member of a police department;

 

                (c)    signing or circulating a petition or statement in respect of a matter concerning the police department as a representative of a certified police union, association or federation, except through the proper official channel of correspondence or established grievance procedure or in the bona fide performance of the member’s duties as a member.

 

       (6)    A member who engages in corrupt practice in any of the following ways commits a disciplinary default:

 

                (a)    failing to properly account for, or make a prompt or true return of, any money or property received by the member in the course of duty;

 

                (b)    directly or indirectly soliciting or receiving a payment, gift, pass, subscription, testimonial or favour without the consent of the chief officer;

 

                (c)    being under a pecuniary or other obligation to any person in a manner that might affect the proper performance of the member’s duties as a member;

 

                (d)    improperly using their position as a member for private advantage.

 

       (7)    A member who abuses their authority in any of the following ways commits a disciplinary default:

 

                (a)    making an arrest without good or sufficient cause;

 

                (b)    using unnecessary force on or cruelly treating any prisoner or other person with whom the member may be brought into contact in the course of duty;

 

                (c)    unlawfully exercising authority as a member.

 

       (8)    A member who improperly uses a firearm or intermediate weapon in any of the following ways commits a disciplinary default:

 

                (a)    without proper authorization, carrying while on duty any firearm or intermediate weapon other than one issued by the police department;

 

                (b)    discharging a firearm or intermediate weapon while on duty, other than during a training exercise, and failing to make a written report of the incident to a senior officer as soon as practicable.

 

       (9)    A member who damages property in any of the following ways commits a disciplinary default:

 

                (a)    wilfully or negligently causing waste, loss or damage to police property or any other property entrusted to the member’s care as a member;

 

                (b)    failing to promptly report any waste, loss or damage referred to in clause (a), whether the waste, loss or damage was caused by the member or discovered by the member.

 

       (10)  A member who consumes or uses alcohol or drugs in a manner prejudicial to the carrying out of their duty in any of the following ways commits a disciplinary default:

 

                (a)    reporting for duty, being on duty or standing by for duty while unfit to do so because of the use of alcohol or a drug;

 

                (b)    without proper authority, using or possessing alcohol or drugs prohibited by law.


Penalty for disciplinary default by member other than chief officer

25   The penalty for a disciplinary default by a member other than a chief officer may be any one or more of the following, or a combination of any of the following:

 

                (a)    a recommendation to the board that the member be dismissed or, if the chief officer has authority to dismiss in accordance with a by-law made under subsection 37(4) of the Act, an order to dismiss the member;

 

                (b)    an order that the member resign from the police department and, if the member does not resign within 7 days after the date of the order, a recommendation to the board that the member be dismissed or, if the chief officer has authority to dismiss in accordance with a by-law made under subsection 37(4) of the Act, an order to dismiss the member;

 

                (c)    reduction of the member’s rank, seniority or pay;

 

                (d)    suspension of the member without pay for no longer than 30 days;

 

                (e)    an order that the member pay a fine in an amount not exceeding the equivalent of 10 days’ pay payable to the member as a member, within a time determined by the chief officer;

 

                (f)    an order for a period of close supervision of the member;

 

                (g)    a reprimand of the member;

 

                (h)    an order that the member undergo counseling, treatment or training acceptable to the chief officer, the expense of the counseling, treatment or training to be assumed by the police department;

 

                (i)     any order not included in clauses (a) to (h) that the chief officer considers appropriate.


Penalty for disciplinary default by chief officer

26   The penalty for a disciplinary default by a chief officer may be any one or more of the following, or a combination of any of the following:

 

                (a)    a recommendation to the council that the chief officer be dismissed;

                (b)    an order that the chief officer resign from the police department and, if the chief officer does not resign within 7 days after the date of the order, a

recommendation to the council that the chief officer be dismissed;

                (c)    an order that the chief officer pay a fine in an amount not exceeding the equivalent of 10 days’ pay payable to the chief officer as a member, within a

time determined by the board;

                (d)    a reprimand of the chief officer;

                (e)    an order that the chief officer undergo counseling, treatment or training acceptable to the board, the expense of the counseling, treatment or training to

be assumed by the police department;

                (f)    any order not included in clauses (a) to (e) that the board considers appropriate.


General Complaint Procedures


Making complaint

27   A complaint may be made to any of the following, as applicable:

 

                (a)    for a complaint about a police department generally, the complaints officer of

the police department or any other member of the police department;

                (b)    for a complaint about a member, the complaints officer of the police department of which the member complained of is a member, or any other

member of the police department;

                (c)    for any complaint, the board or the Complaints Commissioner.


Complaint made by third party

28   (1)    A complaint made by a person who is not personally affected by the occurrence that gave rise to the complaint must not be proceeded with unless the person who is personally affected by the occurrence consents to the processing of the complaint by endorsing the complaint in writing at the time it is made.

 

       (2)    Subsection (1) does not apply if the person who is personally affected by the occurrence that gave rise to the complaint is not competent to give consent.


Complaint made more than 6 months after occurrence

29   If a complaint is made more than 6 months after the date of the occurrence that gave rise to the complaint, the complaint must not be processed.


Statement of procedures and rights to complainant

30   The person to whom a complaint is made must give the complainant a statement in the prescribed form that sets out the procedures that must be followed respecting the complaint and the rights of the complainant under the Act and these regulations.


Recording and forwarding copies of complaint

31   (1)    A person to whom a complaint is made must record the complaint in the prescribed form and ensure that the complainant signs the complaint.

 

       (2)    A person who records a complaint about a police department generally must forward a copy of the complaint, as recorded, to the chief officer of the police department, as required by subsection 71(1) of the Act, unless the complaint was first made to the chief officer.

 

       (3)    A person who records a complaint about a member other than a chief officer must forward a copy of the complaint, as recorded, to each of the following:

 

                (a)    the member complained of;

                (b)    the chief officer of the police department, as required by subsection 71(1) of the Act, unless the complaint was first made to the chief officer.

 

       (4)    A person who records a complaint about a chief officer must forward a copy of the complaint, as recorded, to each of the following:

 

                (a)    the chief officer complained of;

                (b)    the chair of the board, unless the complaint was originally made to the board.


Report of complaint to Complaints Commissioner

32   (1)    A chief officer’s report of a complaint to the Complaints Commissioner under subsection 71(4) of the Act must be in writing and filed with the Commissioner no later than 30 days after the date the chief officer received the complaint.

 

       (2)    A board’s report of a complaint to the Complaints Commissioner under subsection 73(6) of the Act must be in writing and filed with the Commissioner no later than 30 days after the date the board received the complaint.


Who may investigate complaint

33   (1)    A member designated by a chief officer under subsection 71(3) of the Act to investigate a complaint about a member other than a chief officer must be of a higher rank than the member complained of.

 

       (2)    A person designated by a board under 73(3) of the Act to investigate a complaint about a chief officer must be a barrister or a chief officer of another police department.


Informal resolution of complaint

34   (1)    A complaint is resolved informally if

 

                (a)    a resolution of the complaint is proposed; and

                (b)    the complainant and the member or police department complained of agree with the proposed resolution by signing a record of informal resolution in the prescribed form.

 

       (2)    A disciplinary authority must forward a copy of an informal resolution, as recorded under clause (1)(b), to each of the following:

 

                (a)    the complainant;

                (b)    the member or police department complained of;

                (c)    the Complaints Commissioner.

 

       (3)    A complaint that is resolved informally must not be processed further and, if the complaint is about a member, must not appear in the service record of the member.


Continuing investigation of unresolved complaint

35   If a complaint is not resolved informally under Section 34, the disciplinary authority or, if applicable, the investigator designated under Section 33, must continue to investigate the complaint.


Time limit for investigation

36   (1)    An investigation must be completed no later than 60 days after the date the complaint was first made.

 

       (2)    Despite subsection (1), the Complaints Commissioner may, on request before or after the time limit has expired, extend the time to complete the investigation if the Complaints Commissioner is satisfied that there are reasonable grounds for granting the extension and the extension will not unduly prejudice any member.


Retention of information, notes and evidence

37   Any information or evidence gathered or notes taken during an investigation of a complaint must be recorded and preserved and must be retained for 2 years after the complaint is finally disposed of.


Request for review and referral to Complaints Commissioner

38   A request to the Review Board for a review of a disciplinary authority’s decision in a complaint matter, as referred to in subsection 72(2) or 73(5) of the Act, must be made by filing a notice of review with the Complaints Commissioner in the prescribed form no later than 30 days after the date the decision is received.


Referral by Complaints Commissioner to Review Board

39   (1)    

Subsection 39(1) repealed: O.I.C. 2009-170, N.S. Reg. 186/2009.

 

       (2)    

Subsection 39(2) repealed: O.I.C. 2009-170, N.S. Reg. 186/2009.

 

       (3)    On receiving a referral of a complaint from the Complaints Commissioner, the Review Board must notify each of the following of the time and place set for the hearing of the review by the Review Board:

 

                (a)    the complainant;

                (b)    the member to whom the decision relates;

                (c)    the disciplinary authority that made the decision in the complaint under review;

                (d)    the Complaints Commissioner.


Withdrawing a complaint

40   (1)    A complainant may withdraw a complaint at any time by giving notice of the withdrawal of the complaint in the prescribed form to

 

                (a)    the chief officer, if the member complained of is not the chief officer;

                (b)    the board, if the member complained of is the chief officer; or

                (d)    [the] Complaints Commissioner.

 

       (2)    On receipt of a notice of withdrawal of a complaint, a person must notify each of the following of the withdrawal:

 

                (a)    the member complained of;

                (b)    the chief officer, unless the notice was given to the chief officer;

                (c)    the Complaints Commissioner, unless the notice was given to the Complaints Commissioner.

 

       (3)    If the disciplinary authority for a withdrawn complaint believes, for any good or sufficient reason, that the complaint should not have been withdrawn, the disciplinary authority, no later than 30 days after the date the complaint is withdrawn, may begin internal disciplinary proceedings against the member complained of by serving a notice of allegation on the member in the prescribed form, in accordance with the provisions in these regulations respecting internal discipline proceedings.

 

       (4)    A disciplinary authority must forward a copy of a notice served under subsection (3) to the Complaints Commissioner.


Investigation of Complaint About Member by Disciplinary Authority


Notice of allegation

41   If a complaint about a member is not resolved informally, the investigator must serve a notice of allegation in the prescribed form on the member complained of as soon as practicable and forward a copy of the notice to the Complaints Commissioner.


Report and notification on completion of investigation of complaint

42   (1)    After completing an investigation of a complaint about a member, an investigator must promptly submit a report to the disciplinary authority that includes the following details:

 

                (a)    whether, in the investigator’s opinion, the evidence proves that the member has committed a disciplinary default;

 

                (b)    if applicable, any organizational or administrative practices of the police department that the investigator identifies as factors that may have caused or contributed to the alleged disciplinary default.

 

       (2)    An investigator’s report may include a recommendation of what penalty should be imposed on the member if the allegation of disciplinary default is proved.

 

       (3)    An investigator must notify each of the following in the prescribed form of the date the investigation was completed:

 

                (a)    the complainant;

                (b)    the member complained of;

                (c)    the Complaints Commissioner.


Consideration of organizational or administrative matters addressed in report

43   If an investigator’s report in a complaint matter identifies departmental practices that may have caused or contributed to an alleged disciplinary default, the chief officer must consider, independently of the disposition of the complaint, all organizational or administrative matters that may need further consideration and report these matters, together with their disposition, to the board.


Disciplinary authority’s decision

44   (1)    No later than 30 days after the date a disciplinary authority receives an investigator’s report on a complaint against a member, the disciplinary authority must

 

                (a)    decide whether the evidence gathered in the investigation shows that the member may have committed a disciplinary default; and

 

                (b)    take action in accordance with subsection (2) or (3).

 

       (2)    If a disciplinary authority decides that the evidence gathered in an investigation does not establish that the member has committed a disciplinary default, the disciplinary authority must dismiss the complaint and forward a report of the disposition of complaint proceedings in the prescribed form to each of the following:

 

                (a)    the complainant;

                (b)    the member complained of;

                (c)    the Complaints Commissioner.

 

       (3)    If a disciplinary authority decides that the evidence gathered in an investigation discloses that the member may have committed a disciplinary default, the disciplinary authority must immediately serve a notice on the member in the prescribed form that

 

                (a)    states that the member is alleged to have committed a disciplinary default; and

                (b)    requires the member to appear at a private meeting of the disciplinary authority and the member to be held on the date and at the time and place specified in the notice.

 

       (4)    At a private meeting with a disciplinary authority, a member may be represented by

 

                (a)    counsel, a union representative or another member of the same police department; or

 

                (b)    if the member is a chief officer, counsel or a member of the Nova Scotia Chiefs of Police Association.

 

       (5)    At a private meeting with a disciplinary authority, a member must be given an opportunity to

 

                (a)    hear the results of the investigation; and

                (b)    admit or deny the allegation.

 

       (6)    After a private meeting under this Section,

 

                (a)    if a disciplinary authority decides that a member other than a chief officer has committed a disciplinary default, the disciplinary authority must impose a penalty specified in Section 25;

 

                (b)    if a disciplinary authority decides that a chief officer has committed a disciplinary default, the disciplinary authority may impose a penalty specified in Section 26;

 

                (c)    if a disciplinary authority decides that a member has not committed a disciplinary default, the disciplinary authority must dismiss the complaint and take no further action with respect to the complaint.

 

       (7)    No later than 30 days after the date the disciplinary authority makes a decision under subsection (6), the disciplinary authority must forward a written copy of the decision and the reasons for their decision in the prescribed form to each of the following:

 

                (a)    the member who is the subject of the decision;

                (b)    the complainant;

                (c)    the Complaints Commissioner.


Internal Discipline


Allegation of disciplinary default

45   (1)    A member may allege that another member of the same police department has committed a disciplinary default by filing a written allegation with the disciplinary authority.

 

       (2)    Subject to subsection (3), a disciplinary authority to whom a written allegation is made must give notice of the allegation in the prescribed form to the member alleged to have committed the disciplinary default and, if the disciplinary authority is other than the board, must forward a copy of the notice to the board.

 

       (3)    Proceedings for an alleged disciplinary default must not be commenced if more than 6 months have elapsed from the time the member making the allegation should have been aware of the alleged disciplinary default.

 

       (4)    For the purpose of subsection (3), proceedings against a member are commenced at the time a written allegation is filed with the disciplinary authority.

 

       (5)    An allegation may be resolved informally if

 

                (a)    a resolution of the allegation is proposed; and

                (b)    the member making the allegation, the member against whom the allegation is made and the police department agree with the proposed resolution by signing a record of informal resolution in the prescribed form.

 

       (6)    An allegation that is resolved informally must not be processed further and must not appear in the service record of the member.

 

       (7)    An allegation may be withdrawn at any time by giving notice of the withdrawal of the allegation in the prescribed form to the disciplinary authority.

 

       (8)    If the disciplinary authority for a withdrawn allegation believes, for any good or sufficient reason, that the allegation should not have been withdrawn, the disciplinary authority may continue internal disciplinary proceedings against the member complained of.


Investigator for alleged disciplinary default

46   (1)    A disciplinary authority that commences discipline default proceedings under Section 45 must designate a person as investigator to investigate the allegation, as follows:

 

                (a)    for an allegation against a member other than a chief officer, the chief officer must designate as investigator a member within the same police department who is of a higher rank than the member alleged to have committed the disciplinary default;

 

                (b)    for an allegation against a chief officer, the board must

 

                         (i)     engage a barrister to act as investigator, or

                         (ii)    designate a person to act as investigator.

 

       (2)    Despite the requirement in clause (1)(a) that the investigator be a member of the same police department, the chief officer may, after consulting with the chief officer of another police department, designate as investigator a member of the other police department who is of higher rank than the member alleged to have committed the disciplinary default.

 

       (3)    In investigating an allegation of a disciplinary default, an investigator has all the powers and privileges of a peace officer.


Time limit for investigation of alleged disciplinary default

47   (1)    An investigation of an allegation of disciplinary default must be completed promptly and in any case no later than 60 days after the date the written allegation is filed.

 

       (2)    Despite subsection (1), the Complaints Commissioner may, upon request before or after the time limit has expired, extend the time to complete the investigation if the Complaints Commissioner is satisfied that there are reasonable grounds for granting the extension and the extension will not unduly prejudice any member.


Report on investigation of allegation against member other than chief officer

48   (1)    After completing an investigation of an allegation of disciplinary default against a member other than a chief officer, an investigator must immediately submit a report to the chief officer that includes the following details:

 

                (a)    whether, in the investigator’s opinion, the evidence proves that the member has committed a disciplinary default;

 

                (b)    if applicable, any organizational or administrative practices of the police department that the investigator identifies as factors that may have caused or contributed to the alleged disciplinary default.

 

       (2)    An investigator’s report may include a recommendation of what penalty should be imposed on the member if the allegation of disciplinary default is proved.


Chief officer to consider departmental practices identified in report

49   If an investigator’s report identifies departmental practices that may have caused or contributed to the alleged disciplinary default, the chief officer must consider, independently of the disposition of the disciplinary default matter, all organizational or administrative matters that may need further consideration and report these matters, together with their disposition, to the Complaints Commissioner.


Decision in disciplinary default matter for member other than chief officer

50   (1)    No later than 30 days after the date a chief officer receives an investigator’s report on an allegation of disciplinary default against a member other than the chief officer, the chief officer must decide whether the evidence gathered in the investigation discloses that the member may have committed a disciplinary default.

 

       (2)    If the chief officer decides that the evidence gathered in the investigation establishes that the member has not committed a disciplinary default, the chief officer must dismiss the allegation and immediately notify the member and the Complaints Commissioner in writing that the allegation has been dismissed.

 

       (3)    If the chief officer decides that the evidence gathered in the investigation discloses that the member may have committed a disciplinary default, the chief officer must immediately send a notice of meeting to the member in the prescribed form for a private meeting of the chief officer and the member to be held on the date and at the time and place specified in the notice.

 

       (4)    A notice of meeting must include information about the penalty that the chief officer intends to consider if the disciplinary default is proved.

 

       (5)    At the meeting with the chief officer, the member may be represented by counsel, a union representative and another member of the same police department, and the member must be given an opportunity to

 

                (a)    hear the results of the investigation; and

                (b)    admit or deny the allegation.

 

       (6)    After a meeting referred to in subsection (5) the chief officer must do one of the following:

 

                (a)    if the chief officer decides that the member has committed a disciplinary default, impose a penalty specified in Section 27 [25];

 

                (b)    if the chief officer decides that the member has not committed a disciplinary default, dismiss the allegation.

 

       (7)    No later than 30 days after the date the chief officer makes a decision under subsection (6), the chief officer must forward a written copy of the decision and the reasons for their decision in the prescribed form to each of the following:

 

                (a)    the member who is the subject of the decision;

                (b)    the member who made the allegation;

                (c)    the Complaints Commissioner.


Report on investigation of allegation against chief officer

51   (1)    After completing an investigation of an allegation of disciplinary default against a chief officer, an investigator must immediately submit a report to the board that includes all of the following details:

 

                (a)    whether, in the investigator’s opinion, the evidence proves that the chief officer has committed a disciplinary default;

 

                (b)    whether, in the investigator’s opinion, the chief officer is able to carry out the chief officer’s duties;

 

                (c)    if applicable, any organizational or administrative practices of the police department that the investigator identifies as factors that may have caused or contributed to the alleged disciplinary default.

 

       (2)    An investigator’s report may include a recommendation of what penalty should be imposed on the chief officer if the disciplinary default is proved.


Board to consider departmental practices identified in report

52   If an investigator’s report identifies any departmental practices that may have caused or contributed to the alleged disciplinary default, the board must consider, independently of the disposition of the disciplinary default matter, all organizational or administrative matters that may need further consideration.


Decision in disciplinary default matter for chief officer

53   (1)    No later than 30 days after the date a board receives an investigator’s report on an allegation of disciplinary default against a chief officer, the board must decide whether the evidence gathered in the report establishes that the chief officer has committed a disciplinary default and whether the chief officer is able to carry out the chief officer’s duties.

 

       (2)    If the board decides that the chief officer has not committed a disciplinary default, the board must dismiss the allegation and immediately notify the chief officer in writing that the allegation has been dismissed.

 

       (3)    If the board decides that the evidence gathered in the investigation discloses that the chief officer may have committed a disciplinary default, the board must immediately send a notice of meeting to the chief office[r] in the prescribed form for a private meeting of the board and the chief officer to be held on the date and at the time and place specified in the notice.

 

       (4)    A notice of meeting must include information about the penalty that the board intends to consider if the disciplinary default is proved.

 

       (5)    At the meeting with the board, the chief officer may be represented by counsel and a member of the Nova Scotia Chiefs of Police Association, and the chief officer must be given an opportunity to

 

                (a)    hear the results of the investigation; and

                (b)    admit or deny the allegation.

 

       (6)    After a meeting referred to in subsection (5), the board must decide whether the chief officer has committed a disciplinary default, and

 

                (a)    if the board decides that the chief officer has committed a disciplinary default and should be penalized, the board may impose a penalty specified in Section 26; or

 

                (b)    if the board decides that the chief officer has not committed a disciplinary default, the board must dismiss the allegation.

 

       (7)    No later than 30 days after the date of the board’s decision, the board must forward a written copy of the decision and the reasons for the decision in the prescribed form to each of the following:

 

                (a)    the chief officer who is the subject of the decision;

                (b)    the member who made the allegation;

                (c)    the Complaints Commissioner.


Review of decision by Review Board

54   (1)    A review of a disciplinary decision by the Review Board, as referred to in Section 81 of the Act, must be initiated by a member who is the subject of a disciplinary decision by filing a notice of review with the Complaints Commissioner in the prescribed form no later than 30 days after the date the decision is received.

 

       (2)    After receiving a notice of review, the Complaints Commissioner must refer the matter to the Review Board.

 

       (3)    On receiving a referral of a disciplinary decision from the Complaints Commissioner, the Review Board must notify each of the following of the time and place set for the hearing of the review by the Review Board:

 

                (a)    the member who is the subject of the disciplinary decision; and

                (b)    the disciplinary authority that made the disciplinary decision.


Review Board Hearings


Quorum

55   Three members of the Review Board, including the Chair or Vice-chair, constitute a quorum, and a decision of the majority of the Review Board members present at a hearing is a decision of the Review Board.


Written submissions

56   The parties to a hearing of the Review Board may give written submissions to the Review Board.


Burden of proof

57   At a hearing of the Review Board, the burden of proof must be on the balance of probabilities.


Expungement of Disciplinary Default


When disciplinary default deemed expunged

58   If a penalty has been imposed on a member for a disciplinary default, and if there is no entry in the member’s service record of a further disciplinary default after the date the penalty was imposed, the disciplinary default is deemed to be expunged from the member’s record in the following applicable circumstance:

 

                (a)    if the penalty was a reduction in rank, when 3 years have expired since the date of the reduction in rank;

 

                (b)    if the penalty was a fine or a suspension, when 2 years have expired from the date the fine was paid or the suspension completed;

 

                (c)    if the penalty was a period of close supervision, when 2 years have expired since the completion of the period of close supervision;

 

                (d)    if the penalty was an order to undergo counseling, treatment or training, when 1 year has expired from the completion of the counseling, treatment or training;

 

                (e)    if the penalty was a reprimand, when 1 year has expired since the date of reprimand;

 

                (f)    if the penalty was any order made by the disciplinary authority other than as specified in clauses (a) to (e), when 1 year has expired from the date the order was made, fulfilled or completed.


Time periods deemed to run concurrently

59   When a combination of penalties is ordered under Section 25 or 26, the time periods set out in clauses 58(a) to (f) are deemed to run concurrently.


Dismissal and Reduction in Rank


Dismissing member on probation

60   A chief officer may dismiss any member while the member is on probation.


Dismissing member guilty of offence

61   (1)    A chief officer may dismiss a member who is found guilty of or has pleaded guilty to an indictable offence or an offence punishable on summary conviction under an enactment of the Province or a province or territory of Canada or the Government of Canada, if as a result, in the opinion of the chief officer, the member is unfit to perform their duties.

 

       (2)    A council may dismiss a chief officer who is found guilty of or has pleaded guilty to an indictable offence or an offence punishable on summary conviction under an enactment of the Province or a province or territory of Canada or the Government of Canada, if as a result, in the opinion of the council, the chief officer is unfit to perform their duties.


Dismissal or reduction in rank and pay following investigation

62   (1)    If an investigation ordered by the Minister under Section 7 of the Act discloses that a member does not perform or is incapable of performing their duties in a manner consistent with their position, or that the member’s conduct does not satisfy the requirements of their position, the board, the chief officer in accordance with a by-law referred to in subsection 37(4) of the Act, or, in the case of the chief officer, the council on the recommendation of the board may

 

                (a)    reduce the member’s rank and reduce the member’s pay in accordance with the rank to which the member is reduced; or

 

                (b)    subject to subsection (2), dismiss the member or, if the member is entitled to retirement, place the member on retirement.

 

       (2)    A member must not be dismissed or placed on retirement under clause (1)(b) unless the dismissal or retirement is expressly recommended in the report resulting from the investigation and a majority of the members of the board or, in the case of a chief officer, the council agree with the recommendation.


Suspension


Suspending member from duty

63   (1)    Despite any provision of these regulations, a chief officer may suspend a member other than a chief officer from duty if

 

                (a)    the chief officer believes on reasonable grounds that the member has committed an indictable offence, an offence punishable on summary conviction under an enactment of the Province, a province or territory of Canada or the Government of Canada, or a disciplinary default and, in the chief officer’s opinion, the member is unfit for duty as a result;

 

                (b)    the chief officer has received

 

                         (i)     evidence that substantiates intentional misrepresentation or fraudulent information about the member’s qualifications on appointment, or

 

                         (ii)    information or evaluation results that substantiate that the member does not meet the qualification requirements specified in Section 4.

 

       (2)    A member of a rank equal to or higher than non-commissioned officer in charge, delegated by the chief officer for the purpose, may exercise the power of suspension exercisable by the chief officer under subsection (1).

 

       (3)    A member must inform the chief officer immediately after taking action under subsection (2).

 

       (4)    A suspension under subsection (2) is conditional on confirmation by the chief officer no later than 24 hours after the suspension takes effect.

 

       (5)    A chief officer may, at any time, revoke a suspension and order that the member be returned to duty, and in that case the chief officer must notify the Complaints Commissioner that the member has been returned to duty.

 

       (6)    The chair of a board must exercise the authority of a chief officer in respect of the suspension of a chief officer.


Deciding whether to continue suspension

64   (1)    No later than 72 hours after the time a member’s suspension takes effect, the chief officer or, if the member is a chief officer, the chair of the board must decide whether the suspension is to continue in effect or be rescinded with or without conditions.

 

       (2)    A chief officer or, if applicable, a chair of a board must immediately inform the Complaints Commissioner of a decision to continue a suspension.

 

       (3)    Continuation of a suspension of a chief officer is conditional on confirmation by the board no later than 72 hours after the decision to continue is made.

 

       (4)    If the chair of a board has suspended a chief officer from duty, the chair must not participate in a decision to confirm the continuation of the chief officer’s suspension under subsection (3).


Restrictions on member during suspension

65   During a suspension from duty, a member must not exercise powers as a peace officer or member or wear or use the uniform or equipment of the police department.


Internal discipline proceedings against member on suspension

66   During a member’s suspension, the disciplinary authority may commence internal disciplinary proceedings against the member.


Pay and allowances during suspension

67   (1)    A member who is suspended under Section 63 or 64 must receive pay and allowances for at least 60 days during the suspension, or for a longer period as determined by the disciplinary authority.

 

       (2)    The pay and allowances received by a member during a suspension must be reduced by the amount that the member earns from other employment during the suspension.

 

       (3)    Written notice of a decision by the disciplinary authority to discontinue a member’s pay and allowances at the end of the first 60 days of the suspension must be given immediately to the member.

 

       (4)    On receipt of a notice under subsection (3), a member whose pay and allowances are discontinued may appear personally or be represented by counsel or a member of the police department before the disciplinary authority for a review of the decision.

 

       (5)    No later than 60 days after the receipt date of a notice under subsection (3), a member may initiate a review of the decision by filing a notice of review with the Complaints Commissioner in the prescribed form.

 

       (6)    On receiving a notice of review filed under subsection (5), the Complaints Commissioner must

 

                (a)    forward a copy of the notice to the disciplinary authority; and

 

                (b)    immediately notify each of the following of the date, time and place of the hearing of the review:

 

                         (i)     the member on suspension,

                         (ii)    the disciplinary authority.

 

       (7)    A member who is acquitted of all charges and proceedings before a criminal court and against whom no disciplinary proceedings are taken arising out of the same facts and circumstances must receive full pay and allowances for any period of suspension for which the member was not given full pay and allowances.

 

       (8)    A member who has been suspended during an investigation that results in no disciplinary action or criminal proceedings must receive full pay and allowances for any period of the suspension for which the member was not given full pay and allowances.

 

       (9)    At a hearing in a complaint or internal discipline matter held under these regulations, a Review Board

 

                (a)    may, if it finds that a disciplinary default that resulted in the decision to suspend the member has been proved, make any order that the Review Board considers proper for full or partial pay and any allowances for any unpaid period of suspension; or

 

                (b)    must, if the Review Board dismisses all of the alleged disciplinary defaults that caused the decision to suspend the member, order that the member receive full pay and allowances for any period of the suspension for which the member was not given full pay and allowances.

 

       (10)  Subsection (9) does not apply to earnings from other employment that was commenced before the period of suspension.


No permanent suspension without internal discipline proceedings

68   (1)    Action taken under Section 63 or 64 must not result in the permanent suspension of a member unless the disciplinary authority first complies with the provisions in these regulations respecting internal disciplinary proceedings.

 

       (2)    For the purpose of these regulations, permanent suspension is deemed to be dismissal.


Criminal Misconduct by Member


Minister may request investigation of allegation

69   (1)    If a complaint or an allegation alleging criminal misconduct on the part of a chief officer, or a chief officer and one or more members, is referred to the Minister, the Minister may request another police department, provincial police or the RCMP to investigate the complaint or allegation.

Section 69 renumbered 69(1): O.I.C. 2012-120, N.S. Reg. 90/2012.

 

       (2)    If a complaint or an allegation referred to the Minister alleges that a chief officer, or a chief officer and 1 or more members, has been involved in a serious incident, the Minister may refer the matter to the Director in accordance with Section 26I of the Act.

Subsection 69(2) added: O.I.C. 2012-120, N.S. Reg. 90/2012.


Criminal charge against member

70   (1)    If it appears that the facts alleged in a complaint or an allegation against a member constitute a violation by the member of a criminal statute enacted by the Parliament of Canada, the disciplinary authority to which the complaint or allegation is referred must determine whether a charge should be laid against the member.

 

       (1A) If it appears that the facts alleged in a complaint or an allegation against a member constitute a serious incident, the chief officer of the disciplinary authority to which the complaint or allegation is referred must notify the Director in accordance with Section 26I of the Act.

Subsection 70(1A) added: O.I.C. 2012-120, N.S. Reg. 90/2012.

 

       (2)    Except as provided in subsection (3), the laying of criminal charges against a member who is the subject of complaint or internal discipline proceedings does not preclude the continuation of the proceedings.

 

       (3)    If a complaint or allegation that is under investigation is also the subject of a criminal investigation or proceedings, the disciplinary authority or Review Board must suspend the investigation of the complaint or allegation until the completion of the criminal investigation or proceedings.

 

       (4)    If an investigation is suspended under subsection (3), the time period provided for the completion of the investigation must be extended by the number of days that the investigation is suspended.

 

       (5)    If a criminal charge is laid against a member for conduct that is the subject of a Review Board hearing in a complaint or internal discipline matter, the Review Board must adjourn the hearing until the criminal proceedings are completed.


Notices


Giving notice

71   Each notice required under this Part must be in writing and must be served personally or sent by fax, courier or mail.


When notice deemed received

72   (1)    Except as provided in subsection (2), if notice is sent by mail, the addressee is deemed to have received the notice on the 5th day following the date of mailing.

 

       (2)    If notice is sent by mail and the sender receives written confirmation, in the form of the addressee’s signature, that the notice was received by the addressee, the addressee is deemed to have received the notice on the day specified in the written confirmation.


Transition for Complaint and Disciplinary Proceedings

 

73   Subject to subsection 96(3) of the Act, which provides for matters that were before the Review Board immediately before the Act came into force, a complaint that was made or an internal disciplinary proceeding that was begun before these regulations came into force and that has not been completed on that date must be dealt with by a disciplinary authority or the Review Board as if these regulations were not in force.



Part 3 - Administrative and Governing Bodies


Oaths of Office for Members of Administrative and Governing Bodies


Oath of office for member of Review Board, board or advisory board

74   Form 4 is prescribed as the oath of office or affirmation for each of the following:

 

                (a)    a Review Board member;

                (b)    a board member;

                (c)    an advisory board member.


Must take oath before assuming duties

75   A person referred to in Section 74 must make their oath or affirmation before assuming their duties in the position for which the oath or affirmation is required.


Municipal Boards of Police Commissioners


Board member selection process

76   The selection process used by a council in appointing a board member to a vacancy on the board, except a board member appointed by the Minister under clause 44(3)(c) of the Act, must include all of the following:

 

                (a)    the board vacancy must be advertised and applications must be solicited for the vacancy;

 

                (b)    each application must be reviewed by a panel established by the council.


Board member qualifications   

77   (1)    To be a candidate for appointment as a board member under Section 76, a person must demonstrate all of the following qualifications to the satisfaction of the council:

 

                (a)    residence in the municipality served by the board;

                (b)    knowledge of community issues;

                (c)    a good character;

                (d)    the skills and abilities to make the commitment of time and effort required to carry out board responsibilities.

 

       (2)    To be a candidate for appointment as a board member under Section 76, a person must consent to criminal and background checks.

 

       (3)    A person must not be appointed as a board member if criminal and background checks show that the person has been convicted of any criminal offence or has been or is the subject of a disciplinary proceeding in any jurisdiction that, in the opinion of the council, would reasonably be expected to have a negative impact on their acting as a board member or on the board generally.


Role of board chair

78   The role of a chair of a board includes the following responsibilities:

 

                (a)    to preside over the board and to manage, organize, set agendas for and attend meetings, ensuring that all policies developed by the board are appropriately implemented;

 

                (b)    to develop an operations and policy manual that will assist in the orientation of new appointees and direct acting board members regarding their roles and responsibilities;

 

                (c)    to ensure that board members are informed of matters within the board’s jurisdiction;

 

                (d)    to act as the sole spokesperson for the board;

 

                (e)    in conjunction with board members and in consultation with the Chief Administration Officer of the municipality, to evaluate the performance of the chief officer on a yearly basis.


Code of conduct for board members

79   (1)    A board member must do all of the following:

 

                (a)    uphold the letter and spirit of the code of conduct set out in this Section and discharge their duties in a manner that will inspire public confidence in the abilities and integrity of the board;

 

                (b)    unless they have a reasonable excuse, attend every board meeting;

 

                (c)    not interfere with the police department’s operational decisions and responsibilities or with the day-to-day operation of the police department, including the recruitment and promotion of officers;

 

                (d)    keep confidential any information disclosed or discussed at a board meeting;

 

                (e)    not claim to speak on behalf of the board unless authorized by the chair of the board to do so;

 

                (f)    discharge their duties loyally, faithfully, impartially and according to the Act, any other Act and any regulation, rule or by-law;

 

                (g)    discharge their duties in a manner that respects the dignity of individuals and is in accordance with the Human Rights Act and the [Canadian] Charter of Rights and Freedoms (Canada);

 

                (h)    not use their position inappropriately to advance their interests or the interests of any person or organization with whom or with which they are associated;

 

                (i)     immediately resign from the board if applying for employment with a police department, including employment on contract or on fee for service;

 

                (j)     refrain from engaging in professional or personal conduct that could discredit or compromise the integrity of the board or the police department;

 

                (k)    if their conduct or performance is the subject of investigation or inquiry, temporarily withdraw from all board activities and duties as a member of the board until the completion of the investigation or inquiry.

 

       (2)    If the chair or the majority of the board determines that a board member has breached the code of conduct for board members, the board must record that determination in its minutes.

 

       (3)    On determining that a board member has breached the code of conduct for board members, the board may take one or more of the following actions:

 

                (a)    issue a reprimand to the board member;

                (b)    order a period of suspension for the board member;

                (c)    recommend to the Minister or the council that the board member be dismissed under subsection 44(7) of the Act.


Joint Boards and Boards of Amalgamated Municipalities


Agreement for joint policing services or amalgamated police department

80   An agreement under Section 84 of the Act for a single police department to provide services to 2 or more municipalities, or under Section 85 of the Act to organize an amalgamated police department, must include all of the following:

 

                (a)    a statement of the boundaries of the region or amalgamated area to be policed under the agreement, which may include areas outside the limits of any

municipality that is a party to the agreement;

                (b)    a provision establishing a board for the region or amalgamated area;

                (c)    a method for determining the contribution that each party must pay;

                (d)    an interim budget;

                (e)    a method for approving budgets proposed by the board;

                (f)    a method for dealing with surplus funds;

                (g)    a method for dealing with a deficit;

                (h)    a method for sharing the debts and other liabilities of the board;

                (i)     a method for the parties to the agreement to pay funds to the board;

                (j)     a method for acquiring and disposing of property;

                (k)    a method for selecting a chair of the board;

                (l)     a provision establishing a quorum for meetings of the board;

                (m)   a statement of the commencement date for the provision of police services

under the agreement;

                (n)    provisions to protect existing pensions and other rights and benefits of persons who are members or employees of police departments of the municipalities that are parties to the agreement and who will become members or employees

of the police department established under the agreement;

                (o)    provisions for administration and bookkeeping;

                (p)    any provisions required by the Minister in addition to those referred to in clauses (a) to (o).


Membership of joint board or board of amalgamated municipality

81   A board established under an agreement referred to in Section 80 must consist of

 

                (a)    1 or more members representing each municipality that is a party to the agreement, appointed by council, at least one of whom must be a mayor or a councillor and all of whom must ordinarily reside in the municipality;

 

                (b)    1 or more persons ordinarily residing in each municipality that is a party to the agreement, appointed by the Minister; and

 

                (c)    the chief officer of the police department of each municipality that is a party to the agreement, who is a board member by virtue of their office and who does not have voting privileges.


Advisory Boards


Advisory board member selection process

82   (1)    The selection process used by a council in appointing an advisory board member to a vacancy on the advisory board, except an advisory board member appointed by the Minister under clause 57(3)(c) of the Act, must include all of the following:

 

                (a)    the advisory board vacancy must be advertised and applications must be solicited for the vacancy;

 

                (b)    an applicant must be required to go through a screening process, including an interview, conducted by a panel established by the council;

 

                (c)    each applicant must be notified of the outcome of the selection process.

 

       (2)    In the process of selecting an advisory board member, the council must consider each candidate’s education and work experience.


Advisory board member qualifications

83   (1)    To be a candidate for appointment as an advisory board member under Section 82, a person must demonstrate all of the following qualifications to the satisfaction of the council:

 

                (a)    residence in the municipality served by the board, or considerable interest in serving on the advisory board;

 

                (b)    considerable knowledge of community issues and an understanding of policing values and governance;

 

                (c)    a good character;

 

                (d)    willingness to make the commitment of time and effort required to carry out advisory board responsibilities.

 

       (2)    To be a candidate for appointment as an advisory board member under Section 82, a person must consent to criminal and background checks.

 

       (3)    A person must not be appointed as an advisory board member if criminal and background checks show that the person has been convicted of any criminal offence or has been or is the subject of a disciplinary proceeding in any jurisdiction that, in the opinion of the council, would reasonably be expected to have a negative impact on their acting as an advisory board member or on the advisory board generally.


Code of conduct for advisory board members

84   (1)    An advisory board member must do all of the following:

 

                (a)    uphold the letter and spirit of the code of conduct set out in this Section and discharge their duties in a manner that will inspire public confidence in the abilities and integrity of the advisory board;

 

                (b)    unless they have a reasonable excuse, attend every advisory board meeting;

 

                (c)    not interfere with the police department’s operational decisions and responsibilities or with the day-to-day operation of the police department, including the recruitment and promotion of officers;

 

                (d)    keep confidential any information disclosed or discussed at an advisory board meeting;

 

                (e)    not claim to speak on behalf of the advisory board unless authorized by the chair of the advisory board to do so;

 

                (f)    if publicly disagreeing with a decision of the advisory board, make it clear that they are expressing a personal opinion;

 

                (g)    discharge their duties loyally, faithfully, impartially and according to the Act, any other Act and any regulation, rule or by-law;

 

                (h)    discharge their duties in a manner that respects the dignity of individuals and is in accordance with the Human Rights Act and the [Canadian] Charter of Rights and Freedoms (Canada);

 

                (i)     not use their position inappropriately to advance their interests or the interests of any person or organization with whom or with which they are associated;

 

                (j)     immediately resign from the advisory board if applying for employment with a police department, including employment on contract or on fee for service;

 

                (k)    refrain from engaging in professional or personal conduct that could discredit or compromise the integrity of the advisory board or the police department;

 

                (l)     if their conduct or performance is the subject of investigation or inquiry, temporarily withdraw from all advisory board activities and duties as a member of the advisory board until the completion of the investigation or inquiry.

 

       (2)    If the chair or the majority of the advisory board determines that an advisory board member has breached the code of conduct for advisory board members, the advisory board must record that determination in its minutes.

 

       (3)    On determining that an advisory board member has breached the code of conduct for advisory board members, the advisory board may take one or more of the following actions:

 

                (a)    issue a reprimand to the advisory board member;

                (b)    order a period of suspension for the advisory board member;

                (c)    recommend to the Minister or the council that the [advisory] board member be dismissed under subsection 57(7) of the Act.



Form 1 - Oath of Office for Member of Police Department

Section 16 of the Police Regulations


I, ___________________ , do solemnly (select one) swear/affirm that I will well and truly serve our Sovereign Lady the Queen and her heirs and successors according to law, as a member of the ___________________ Police Department without favour, affection, malice or ill will and that I will, to the best of my power, cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of Her Majesty’s subjects; and that I will not, except in the discharge of my duties, disclose to any person any matter or evidence which may come to my notice through my employment; and that while I continue to hold office I will, to the best of my judgement, skill, knowledge, and ability, carry out, discharge and perform all the duties of my office faithfully, impartially and according to the Police Act or any other Act, and any regulation rule or by-law, (select one) so help me God/I so affirm.


Sworn to/Affirmed at

in the County of

Province of Nova Scotia, on

________________, 20___,

before me,


____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

)

)

)

)

)

)

) ____________________________

 ________________________________________________________________ 

Form 2 - Oath of Office for Special Constable or By-law Enforcement Officer

Section 17 of the Police Regulations


I, __________________, do solemnly (select one) swear/affirm that I will well and truly serve our Sovereign Lady the Queen and her heirs and successors according to law, as a (select one) special constable/by-law enforcement officer appointed under the Police Act, without favour, affection, malice or ill will, and that I will, to the best of my judgment, skill, knowledge, and ability, carry out, discharge and perform the duties assigned to me faithfully according to law and that I will not, except in the discharge of my duties, disclose to any person any matter or evidence which may come to my notice through my employment, (select one) so help me God/I so affirm.


Sworn to/Affirmed at

in the County of

Province of Nova Scotia, on

________________, 20___,

before me,


____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

)

)

)

)

)

)

) ____________________________

 ________________________________________________________________ 

Form 2A - Oath of Office for Special Constables and By-law Enforcement Officers

appointed under subsections 88(1) and 89(1) of the Police Act

Section 17A of the Police Regulations


I, __________________, do solemnly (select one) swear/affirm that I will well and truly serve our Sovereign Lady the Queen and her heirs and successors according to law, as a (select one) special constable/by-law enforcement officer appointed under the Police Act, without favour, affection, malice or ill will, and that I will, to the best of my judgment, skill, knowledge, and ability, carry out, discharge and perform the duties assigned to me faithfully according to law and that I will not, except in the discharge of my duties, disclose to any person any matter or evidence which may come to my notice through my employment, (select one) so help me God/I so affirm.


Sworn to/Affirmed at _________________

in the County of _____________________

Province of Nova Scotia, on

________________, 20___,

before me,


_______________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

)

)

)

)

)

)

) _______________________________

Form 2A added: O.I.C. 2009-32, N.S. Reg. 14/2009.

 ________________________________________________________________ 

Form 3 - Oath of Office for Auxiliary Police Officer

Section 18 of the Police Regulations


I, __________________________ do solemnly (select one) swear/affirm that I will faithfully, diligently and impartially execute and perform the duties required of me as an auxiliary police officer in and for the (insert name of municipality) _______________________________, and will well and truly obey and perform all lawful orders and instructions that I receive as an auxiliary police officer, without fear, favour and affection of or toward any person, (select one) so help me God/I so affirm.


Sworn to/Affirmed at

in the County of

Province of Nova Scotia, on

________________, 20___,

before me,


____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

)

)

)

)

)

)

) ____________________________

 ________________________________________________________________ 

Form 4 - Oath of Office for Member of Nova Scotia Police Review Board,

Municipal Board of Police Commissioners or Police Advisory Board

Section 73 of the Police Regulations


I, ________________, of ________________, in the County of ________________ (select one) swear/affirm that I will faithfully, diligently and impartially execute and perform the duties required of me as a member of the (select one) Nova Scotia Police Review Board/(insert name of municipal board) ______________________ /(insert name of municipal police advisory board) __________________________, and while I continue to hold office I will, to the best of my judgement, skill, knowledge, and ability, carry out, discharge and perform all the duties of my office faithfully, impartially and according to the Police Act or any other Act and any regulation rule or by-law, and will not, except in the discharge of my duties, disclose to any person any matter or evidence brought before the (select one) Nova Scotia Police Review Board/(insert name of municipal board) __________________________/(insert name of municipal police advisory board) ______________________, (select one) so help me God/I so affirm.


Sworn to/Affirmed at

in the County of

Province of Nova Scotia, on

________________, 20___,

before me,


____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

)

)
)

)

)

)

) ____________________________