Body Armour Control Regulations
made under Section 15 of the
Body Armour Control Act
S.N.S. 2018, c. 22
O.I.C. 2019-16 (effective February 20, 2019), N.S. Reg. 19/2019
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Definitions
Prescribed items for definition of body armour
Sporting equipment not subject to Act
Notice of violation
Notice of revocation of forfeiture
Citation
1 These regulations may be cited as the Body Armour Control Regulations.
Definitions
2 (1) In these regulations,
“Act” means the Body Armour Control Act;
“notice of revocation” means a notice of revocation for forfeited body armour
under subsection 9(1) of the Act;
“notice of violation” means an administrative sanction in the form of a notice of
violation issued under subsection 8(1) of the Act.
(2) All the following terms used in the exemptions for persons in subsection 4(2) of
the Act include transporting or storing body armour when required for the
purposes described by the terms:
(a) “in the course of their lawful employment or duties” in clause (a);
(b) “while training” in subclause (b)(i);
(c) “in the course of that person’s duties” in subclause (b)(ii);
(d) “in the course of operating a lawful business” in clause (c).
Prescribed items for definition of body armour
3 Panels or plates that meet any of the following criteria are prescribed as being included
in the definition of “body armour”:
(a) they protect the body from projectiles discharged from a firearm or
puncture or stab wounds;
(b) they are designed to be inserted into pockets of vests, jackets or other
garments to create or enhance body armour.
Sporting equipment not subject to Act
4 The Act does not apply to safety equipment that is designed, intended for and worn by an
individual for the purposes of a sporting event in which the equipment is required.
Notice of violation
5 (1) A notice of violation must contain all of the following information:
(a) the offence for which the notice of violation is being issued;
(b) the date, time and location of the offence;
(c) all of the following information about the person to whom the notice of
violation is being issued:
(i) name,
(ii) date of birth,
(iii) address,
(iv) telephone number, if known,
(v) e-mail address, if known;
(d) a description of the body armour being forfeited, including all of the
following:
(i) serial number(s),
(ii) quantity,
(iii) condition;
(e) confirmation from the peace officer issuing the notice of violation that the
peace officer has informed the person to whom the notice of violation is
being issued of all of the following:
(i) that the person has the option of immediately forfeiting the body
armour to Her Majesty in right of the Province by allowing the peace
officer to take possession of the body armour and that the body
armour will be disposed of or otherwise dealt with as the Attorney
General directs,
(ii) that upon forfeiting the body armour it is deemed seized by the peace
officer;
(f) notice of the application of all of the following provisions of the Act:
(i) subsection 8(4), respecting no prosecution being commenced,
(ii) subsection 9(1), respecting the person’s option to revoke the
forfeiture,
(iii) subsection 9(3), respecting return of the body armour;
(g) all of the following information for the peace officer issuing the notice of
violation:
(i) police agency or provincial department, and the contact information
for the police agency or provincial department,
(ii) identification number as a peace officer.
(2) A notice of violation must be signed and dated by the peace officer issuing the
notice of violation, and may be signed by electronic means in an electronic format.
(3) A notice of violation must be in a form approved by the Manager of Security
Programs in the Department of Justice, in either electronic or hard copy format.
(4) A notice of violation is not invalid because a peace officer fails to enter all of the
information required by this Section.
Notice of revocation of forfeiture
6 (1) A notice of revocation must be sent to the police agency or provincial department
indicated on the notice of violation and contain all of the following information:
(a) a statement that the person revokes their forfeiture of body armour;
(b) a description of the body armour forfeited;
(c) all of the following information about the person making the revocation:
(i) name,
(ii) date of birth,
(iii) address,
(iv) telephone number,
(v) e-mail address;
(d) the name of the peace officer to whom the body armour was forfeited and
their police agency or provincial department, if known;
(e) the date and location where the person forfeited the body armour to a peace
officer.
(2) Despite subsection (1), if a notice of revocation does not contain all of the
information required by subsection (1), it must be accepted if it contains sufficient
information to identify the person and the forfeiture being revoked.
The following regulations are not yet in force and are not
included in the current consolidation: