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Appointment of Provincial Civil Constables Regulations
O.I.C. 72-641 (June 16, 1972), N.S. Reg. 8/72
as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 146/2015
Appointments
1 An application for an appointment as a Provincial civil constable shall be in Form 1.
2 The oath required by Section [clause] 5(1)(a) of the Act shall be in Form 2.
3 An appointment as a Provincial civil constable shall be in Form 3.
3A (1) An application for an appointment as Provincial civil constable, or for renewal of an appointment as Provincial civil constable, shall be accompanied by a fee of $25.75.
Subsection 3A(1) amended: O.I.C. 2015-96, N.S. Reg. 146/2015.
(2) Subsection (1) applies to applications which are received by the Commission on and after the 16th day of October, 1972.
Section 3A added: O.I.C. 72-1104, N.S. Reg. 71/72.
4 A certificate of appointment as a Provincial civil constable shall be in Form 4.
5 An application for an appointment as a Provincial civil constable shall be accompanied by a full set of fingerprints.
6 (1) The security bond required by Section [clause] 5(1)(b) of the Act shall be in Form 5 or Form 6, or to like effect.
(2) The amount of the bond shall be $2000.00.
(3) If Form 5 is used, the principal shall be liable for one-half the amount of the bond and each surety shall be liable for one-quarter of the amount of the bond.
7 (1) Where a person who is the principal under a security bond is convicted of
(a) an offence under the Act or the regulations; or
(b) an offence under the Criminal Code (Canada) committed while acting as a Provincial civil constable
the Attorney General may direct that the bond be forfeited.
(2) Upon a direction being made under subsection (1), the bond is forfeited and the amount of the bond becomes due and owing as a debt due to the Crown.
(3) A bond is forfeited and the amount thereof becomes due and owing as a debt due to the Crown where a judgement for the recovery of money paid for services not performed or based on a finding of fraud, conversion, assault, libel or trespass committed while acting as a Provincial civil constable has been entered against the person who is the principal under the bond and the judgement has become final.
Form 1 - Application for an Appointment as a Provincial Civil Constable
The Police Services Act
(if application is for reappointment, complete paragraphs 1, 2, 12 to 15 inclusive)
Date of application ____________________, 19___
1. Last or family name
First name Middle name
(check name commonly used)
2. Residence address
(number and street)
(city, town, village)
Residence telephone number
3. Address for service
4. Nationality
5. Occupation
6. Date of birth (day / month / year)
7. Place of birth
(city, town, village)
(province, state / country)
8. If born outside Canada, arrival date in Canada (day / month / year)
9. Physical description (height: feet, inches)
________(weight)_________(eyes) ___________(complexion) ________(hair)
10. Record of education:
i. Primary school
(name and address)
Year: _______ from _____________ to _____________
Last grade completed ____________________________
ii. Secondary school
(name and address)
Year: _______ from _____________ to _____________
Last grade completed ____________________________
iii. Other (give particulars):
11. The reputation of the applicant is well known to the following persons. References must not be related to the applicant and must not be present or former employers.
Name Address Occupation Length of time
known
(1) ___________ __________________ ______________ ____________
(2) ___________ __________________ ______________ ____________
12. Has any judgment of any Court been issued against the applicant?
If so, give particulars:
13. (1) Has the applicant ever been convicted of any indictable offence or felony? If so, give particulars:
(place) (date)
(offence) (sentence)
(2) Has the applicant ever been convicted of any summary conviction offence or misdemeanour within the past five (5) years? If so, give particulars:
(place) (date)
(offence) (sentence)
NOTE: If you have been granted a pardon under the provisions of Section 4(5) of the Criminal Records Act, R.S.C. 1970 (1st Supp.), c. 12, in respect of a conviction of either an indictable offence or an offence punishable on summary conviction, you are not required to disclose the conviction in respect of which the pardon has been granted.
14. (1) Has the applicant ever applied for appointment as a civil constable or bailiff in any province, state or country? If so give particulars:
(2) Has the applicant ever been appointed as a civil constable or bailiff in any province, state or country? If so, give particulars:
15. (1) Is the applicant a Provincial constable or a Provincial civil constable?
Yes ( ) No ( )
(2) Is the applicant a county constable or a municipal civil constable?
Yes ( ) No ( )
_________________________
(Signature of applicant)
Affidavit
PROVINCE OF NOVA SCOTIA I,
County of of the
To Wit: in the County of
make oath and say:
1. I am the applicant herein for an appointment as a Provincial civil constable.
2. The information given by me in the application is true.
SWORN before me at the
___________ of ____________
in the County of ____________
this ____ day of ____________,
19____.
A Notary Public, etc.
NOTE: The making of a false statement by affidavit is a serious indictable offence. The offender is liable on conviction to imprisonment for 14 years. (Section 122 Criminal Code refers).
Form 2 - Oath
The Police Services Act
PROVINCE OF NOVA SCOTIA I,
County of of the
To Wit: in the County of
do solemnly swear:
1. That I will not hold myself out as being a peace officer, police officer or constable or otherwise involved in or performing the functions of enforcing any penal laws under the authority of my appointment as a Provincial civil constable.
2. That I will execute only process of a civil nature including any writ, warrant, summons other than a writ, warrant, summons or other process required to be executed or served by a sheriff or a functionary appointed under another enactment or by officer, person or body.
SWORN before me at the
___________ of ____________
in the County of ____________
this ____ day of ___________,
19____.
A Notary Public, etc.
Form 3 - Appointment
The Police Services Act
Under authority vested in me by Section 3(1) of the Police Services Act, I HEREBY APPOINT ____________________________ of _____________________________, as a Provincial Civil Constable.
DATED at Halifax, Nova Scotia, this _____ day of _____________, 19___.
Attorney General
Form 4 - Certificate of Appointment
The Police Services Act
THIS IS TO CERTIFY THAT _____________________________ of ________________________________ is a duly appointed Provincial Civil Constable pursuant to Section 3(1) of the Police Services Act.
The appointment expires on the ______ day of _____________.
Attorney General
Form 5 - Personal Bond
The Police Services Act
PROVINCE OF NOVA SCOTIA
KNOW ALL MEN BY THESE PRESENTS, that we, ___________________ of ___________________ in the County of ___________________ as principal, and ___________________ of ____________________ in the County of ___________________ and ___________________ of ___________________ in the County of ___________________ as sureties, are held and firmly bound unto
our Sovereign Lady the Queen, Her Heirs and Successors, in the penal sum of $________, that is to say the said principal in the sum of $________ and the said sureties in the sum of $________ each, to be paid to Our said Lady the Queen, Her heirs and successors, for which payment, well and truly to be made, we severally bind ourselves, our heirs, executors, and administrators, firmly by these presents.
Sealed with our seals, and dated the ______ day of ______________ in the year of Our Lord One Thousand Nine Hundred and _____________________ and in the ___________________ year of Her Majesty's Reign.
WHEREAS the said
has been duly appointed to be
AND WHEREAS security for the faithful performance of the duties of his office as such and for indemnifying all persons who are injured by his default or misconduct, has been required of him by the Governor in Council.
NOW THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that if the said do, and shall from time to time, and at all times hereafter, during his continuance in the said office, well and faithfully perform all such acts and duties as do or may hereafter appertain to the said office, by virtue of any law of this Province, and shall in all respects conform to and observe all such rules, orders and regulations as now are or may be from time to time established for or in respect of the said office, and shall well and faithfully keep all such accounts, books and papers, as are or may be required to be kept by him in his said office, and shall indemnify all person who are injured by his defaults or misconduct, then the said obligation to be void, otherwise to be and continue in full force and virtue.
Signed, sealed and delivered )
in the presence of )
)
)
)
)
Affidavit of Surety
PROVINCE OF NOVA SCOTIA
COUNTY OF S.S.
I, _____________________, of ____________________ in the County of ______________________ , one of the sureties in the annexed bond, make oath and say as follows:
1. I am seized and possess to my own use of property in Nova Scotia of the actual value of __________________, over and above all charges upon or incumbrances affecting the same and over and above my just debts, and all sums for which I am security.
2. The said property consists of
3. My post office address is as follows:
SWORN before me at ______________ )
in the County of __________________ )
the _____ day of _________________, )
19____ )
A Notary Public, Commissioner,
or Justice of the Peace for the
County of ________________
Affidavit of Witness
PROVINCE OF NOVA SCOTIA
COUNTY OF S.S.
I, _____________________, of ____________________ in the County of ______________________ , make oath and say that I am a subscribing witness to the execution of the foregoing bond and that I saw the same signed, sealed and delivered by _____________________ of ____________________ as principal and by _____________________ of ____________________ as sureties therein named.
SWORN before me at ______________ )
in the County of _______________ )
the _____ day of _______________, )
19_____ )
A Notary Public, Commissioner,
or Justice of the Peace for the
County of ________________
Form 6 - Bond of a Guarantee Company approved under the Sureties Act
The Police Services Act
Bond No. ____________ Amount______________
KNOW ALL MEN BY THESE PRESENTS, that we, _________________________ (hereinafter called the Principal) as principal
__________________________ (hereinafter called the Surety) as surety are held and firmly bound unto Her Majesty in right of Nova Scotia (hereinafter called the Obligee) in the sum of ______________________ of lawful money of Canada, to be paid unto the Obligee, her successors and assigns, for which payment well and truly to be made,
I, _________________________ (name of principal) bind myself, my heirs, executors, administrators and assigns, and we, ________________________________ (name of surety) bind ourselves, our successors and assigns jointly and firmly by these presents.
The total liability imposed upon the Principal or Surety by this bond and any and all renewals thereof shall be concurrent and not cumulative and shall in no event exceed the penal sum written above.
Sealed with our seals and dated this _____ day of _____________, 19_____.
THE CONDITION of the above obligation is such that if the said obligation does not by reason of any act, matter or thing at any time hereafter become or be forfeit under the Police Services Act and the regulations, then the obligation shall be void but otherwise shall be and remain in full force and effect and shall be subject to forfeiture as provided by the said Act and regulations.
Signed, sealed and ) Principal
delivered )
)
in the presence of )
) Surety
)
)