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Regulations Prescribing Forms made under subsection 17(2) of the
Summary Proceedings Act
R.S.N.S. 1989, c. 450
O.I.C. 90-990 (August 7, 1990), N.S. Reg. 230/901 The form of information set out in Schedule 1 to these regulations is prescribed as the form of an information for the purposes of subsection (1) of Section 2B of the Summary Proceedings Act.
2 The form of search warrant set out in Schedule 2 to these regulations, varied to suit the case, is prescribed as the form of a search warrant to be issued pursuant to Section 2B of the Summary Proceedings Act.
3 The form of report to a justice set out in Schedule 3 to these regulations, varied to suit the case, is prescribed as the form of a report to justice pursuant to Section 2E of the Summary Proceedings Act.
Schedule 1
Form 5 - Information to Obtain a Search Warrant
[Summary Proceedings Act, Section 2B(1)]
Province of Nova Scotia
County of ____________This is the information of A.B., of ______________ in the County of ___________, (occupation), hereinafter called the informant, taken before me.
The informant says that ____________________________________________ (describe things to be searched for and offence in respect of which search is to be made), and that he believes on reasonable grounds that the said things, or some part of them, are in the (dwelling-house, etc.) of C.D., ______________ in the County of ___________. The informant's grounds for so believing are:
Wherefore the informant prays that a search warrant may be granted to search the said (dwelling-house, etc.) for the said things.
Sworn before me this ______ day of
____________, ______ at ___________.
_______________________________
A Justice of the Peace in and for the
Province of Nova Scotia)
)
)
)
)
)
)
)
____________________________________
(Signature of Informant)
Schedule 2 Form 6- Warrant to Search
[Summary Proceedings Act, Section 2B]
Province of Nova Scotia
County of ____________To the peace officers in the (particular municipality or county, or Province of Nova Scotia) or other person:
whereas it appears on the oath of A.B., of __________________ that there are reasonable grounds for believing that ________________________________________________ (describe things to be searched for and offence in respect of which search is to be made) are in ___________________ at __________________, hereinafter called the premises;
This is, therefore, to authorize and require you between the hours of (as the justice may direct) to enter into the said premises and to search for the said things and to seize them, and to bring them before me or some other justice or to make a report in respect thereof to me or some other justice.
Dated this ____ day of ___________, _______, at _______________
______________________________
A Justice of the Peace in and for the
Province of Nova Scotia
Schedule 3 Form 7 - Report to a Justice
[Summary Proceedings Act, Section 2E]
Province of Nova Scotia
County of ____________To the justice who issued a warrant to the undersigned pursuant to Section 2B of the Summary Proceedings Act (or another justice in and for the Province of Nova Scotia, or, if no warrant was issued, any such justice):
I, _______________________ (name of the peace officer or other person) have ___________________________________________________ (state here whether you have acted under a warrant issued pursuant to Section 2B of the Summary Proceedings Act or under Section 2D of the Summary Proceedings Act or otherwise in the execution of duties under the Summary Proceedings Act or another enactment to be specified)
1 search the premises situated at ______________________________ ; and
2 seized the following things and dealt with them as follows:
Property Seized
(describe each
thing seized)Disposition
(state, in respect of each thing seized, whether(a) it was returned to the person lawfully entitled to its possession, in which case the receipt therefor shall be attached hereto, or (b) it is being detained to be dealt with according to law, and the location and manner in which, or where applicable, the person by whom it is being detained). 1 _________________
2 _________________
3 _________________
4 ___________________________________________________
__________________________________
__________________________________
__________________________________Dated this _________ day of _____________, __________ at _______________ __________________________________
Signature of Peace Officer or other person