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Part II .

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Serious Incident Response Team Regulations

made under subsection 97(1) of the

Police Act

S.N.S. 2004, c. 31

O.I.C. 2012-120 (effective April 20, 2012), N.S. Reg. 89/2012

amended to O.I.C. 2024-263 (effective July 2, 2024), N.S. Reg. 129/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Communication from public

Securing scene of serious incident

Team’s exclusive jurisdiction over and responsibility for serious incident investigation

Segregating police officers during investigation

Police officer’s notes

Interviewing police officers

Change of status of police officer as subject or witness

Notice when charge laid against subject police officer

Report when charge not laid against subject police officer

Annual report to Minister

Oath of office for Director and investigators

Assistant Director

Citation

1 These regulations may be cited as the Serious Incident Response Team Regulations .

Definitions

(1) In these regulations,

“Act” means the Police Act ;

“affected person” means, in relation to a serious incident, a person who

(

i) died or was seriously injured,

(ii) may have been sexually assaulted or involved in an incident of

intimate partner violence, or

(iii) was affected by a serious incident that is determined under the Act to

be in the public interest to be investigated;

“chief officer” means a chief officer as defined in clause 2(

c) of the Act, and in the

context of an investigation means the chief officer of the agency that employs the

police officer or officers who are involved in the serious incident that is being

investigated;

“investigation” means investigation of a serious incident in accordance with clause

26I(3)(a), (

b) or (

d) of the Act;

“person in charge of the investigation” means

(

i) the Director or a person acting under the authority of the Director, in

an investigation undertaken by the Team under clause 26I(3)(

a) of

the Act, or

(ii) the officer in charge of the investigation, in an investigation

conducted by

(

A) an agency, under clause 26I(3)(

b) of the Act, or

(

B) an independent team or agency from another province, under

clause 26I(3)(

d) of the Act;

“serious incident” is further defined to include intimate partner violence;

“subject police officer” means a police officer who is the subject of an

investigation, or whose actions may have resulted in a serious incident;

“Team” means the Serious Incident Response Team;

“witness police officer” means a police officer who is a witness to or has material

information relating to the events of a serious incident.

(2) In Sections 26A to 26N of the Act and in these regulations, “police officer” means

a member of the Provincial Police, the Royal Canadian Mounted Police, a

municipal police department or another police department providing policing

services in the Province, and includes a special constable while employed by an

agency and working in a lock-up facility.

Communication from public

3 For the purposes of subsection 26I(3) of the Act, the Director may become aware of a

serious incident by receiving a communication from a member of the public in the form

required by the Director.

Securing scene of serious incident

4 As soon as a chief officer becomes aware that an investigation is to be undertaken, and

until the Team or the investigating agency takes charge of the scene of the incident, the

chief officer must ensure that the chief officer’s agency secures the scene in a manner

consistent with the policies and usual practice of that agency.

Team’s exclusive jurisdiction over and responsibility for serious incident investigation

4A When the Team takes charge of the scene of a serious incident involving police, it has

exclusive jurisdiction over and exclusive responsibility for the investigation of the

serious incident and assumes immediate command of all of the following:

(

a) all activities related to the scene;

(

b) all evidence related to the investigation;

(

c) all exhibits related to the investigation;

(

d) the investigation;

(

e) the direction of resources used in the investigation.

Segregating police officers during investigation

(1) As soon as a chief officer becomes aware that an investigation is to be undertaken,

the chief officer, unless otherwise directed by the person in charge of the

investigation, must ensure, to the extent that it is practicable, that all the police

officers involved in the serious incident are segregated from each other until the

Team or the investigating agency has finished interviewing all of the witness police

officers.

(2) Unless otherwise directed by the person in charge of the investigation, a police

officer who is segregated under subsection (1) must not communicate about the

details of the serious incident with any other police officer who was involved in the

incident until after the Team or the investigating agency has finished interviewing

all of the witness police officers.

Police officer’s notes

(1) Each police officer who is involved in a serious incident must complete their

police officer’s notes about the serious incident in accordance with the procedures

of their agency.

(2) Before requesting a police officer’s notes, the person in charge of the investigation

must advise the chief officer and the officer in writing of the officer’s status as a

subject police officer or witness police officer, as applicable.

(3) Except as provided in subsection (4), a witness police officer must provide their

police officer’s notes to the person in charge of the investigation, with a copy to the

chief officer, no later than 48 hours after the person in charge of the investigation

requests the notes.

(4) If, in the opinion of the person in charge of the investigation, allowing up to 48

hours for a witness police officer’s notes to be provided would cause an

unreasonable delay that may jeopardize the investigation, the person in charge of

the investigation may require the witness police officer’s notes to be provided

within a shorter time period.

(5) A subject police officer is not required to provide their police officer’s notes to the

Team or investigating agency, and no other person may provide the subject police

officer’s notes to the Team or investigating agency without the express permission

of the subject police officer.

Interviewing police officers

(1) Before requesting or directing a police officer to attend at an interview as part of an

investigation, the person in charge of the investigation must advise the chief officer

and the police officer in writing of the police officer’s status as a subject police

officer or witness police officer, as applicable.

(2) The person in charge of the investigation may direct that a witness police officer

attend at an interview and answer questions at a specified place and at a specified

time that, except as provided in subsection (3), is at least 48 hours after the serious

incident occurred.

(3) If, in the opinion of the person in charge of the investigation, waiting 48 hours

before conducting an interview with a witness police officer would cause an

unreasonable delay that may jeopardize the investigation, the person in charge of

the investigation may specify an earlier time for the interview.

(4) Except as provided in subsection (5), each police officer requested or directed to

attend at an interview must be given a reasonable opportunity to consult with legal

counsel before the interview, and the person in charge of the investigation must

advise the police officer of that opportunity.

(5) Subsection (4) does not apply to a witness police officer if, in the opinion of the

person in charge of the investigation, waiting for an opportunity for the witness

police officer to consult with legal counsel before an interview would cause an

unreasonable delay that may jeopardize the investigation.

(6) If practicable, an interview with a police officer must be recorded by audio or

video recording.

Change of status of police officer as subject or witness

(1) If, at any time after advising that a police officer is considered to be a subject

police officer, the person in charge of the investigation decides that the police

officer’s status is changed to that of a witness police officer, the person in charge

of the investigation must advise the chief officer and the police officer in writing of

the change of status.

(2) If, after conducting an interview with or obtaining police officer’s notes from a

police officer who was considered to be a witness police officer when the

interview was directed or the police officer’s notes requested, the person in charge

of the investigation decides that the officer is now considered to be a subject police

officer, the person in charge of the investigation must do all of the following:

(

a) advise the chief officer and the police officer in writing of the change of

status;

(

b) give the police officer the original and all copies of the record of any

interview with the police officer that was requested when the police officer

was considered to be a witness police officer;

(

c) give the chief officer the original and all copies of the police officer’s notes

about the serious incident.

Notice when charge laid against subject police officer

(1) Except as provided in subsection (2), if an investigation results in 1 or more

charges being laid against a subject police officer, the Director must, as soon as

practicable, have a public notice posted on the Team website or at another location

determined by the Director that contains only the following information:

(

a) the subject police officer’s name;

(

b) the charges laid and the date they were laid;

(

c) information about the first scheduled court appearance regarding the

charges, if available.

(2) If the release of the name of a subject police officer who has been charged with

sexual assault to the public may result in the identity of the person who reported

that they were sexually assaulted by the subject police officer being revealed, the

Director may omit the subject police officer’s name from the public notice posted

under subsection (1) after consulting the person.

(3) If a charge laid against the subject police officer is prosecuted, the Director may set

out the reasons why the charge was laid in a public notice posted at the conclusion

of the prosecution and at the same location that the original public notice was

posted under subsection (1).

Report when charge not laid against subject police officer

9A

(1) If an investigation does not result in any charges being laid against a subject police

officer, the Director must publish a report containing all of the following and have

the report posted on the Team website and at any other location determined by the

Director:

(

a) the reasons why the investigation was believed to be authorized under

Section 26I of the Act;

(

b) a detailed description of the events leading to the investigation;

(

c) a

summary of the investigative process that includes a timeline and notes

any delays;

(

d) except as provided in subsection (2), a

summary of the relevant evidence

considered, including how many witnesses were interviewed;

(

e) the reasons for not laying a charge against the subject police officer,

including a review of any relevant legal issues;

(

f) except as provided in subsection (2), any other information or evidence the

Director determines it is necessary to include, including any relevant video,

audio or photographic evidence that has been de-identified as much as

possible.

(2) If the Director is of the opinion that a person’s privacy interest in not having some

or all of the information or evidence described in clauses (1)(

d) or (

f) published

outweighs the public interest in having the information or evidence published, the

Director may omit that information or evidence from the report published under

subsection (1) and must provide reasons for doing so.

(3) The Director must ensure that none of the following information is included in the

report published under subsection (1):

(

a) the name of and any information identifying a subject police officer, a

witness police officer, a civilian witness, or an affected person;

(

b) information that may result in the identity of a person who reported that they

were sexually assaulted being revealed in connection with the sexual

assault;

(

c) information that, in the opinion of the Director, could lead to a risk of

serious harm to a person;

(

d) information that discloses investigative techniques or procedures;

(

e) information that is prohibited or restricted from being released by law.

(4) Subject to subsection (5), the Director must give a copy of the report published

under subsection (1) to all of the following:

(

a) except as provided in subsection (6), the affected person;

(

b) each subject police officer involved in the investigation;

(

c) any agency that has authority over a subject police officer or witness police

officer involved in the investigation;

(

d) the Minister.

(5) The report published under subsection (1) must be posted on the Team website and

at any other location determined by the Director under subsection (1) and given to

the affected person under clause (4)(

a) and a subject police officer under clause

(4)(

b) no later than 2 days after it is given to an agency under clause (4)(

c) and the

Minister under clause (4)(d).

(6) If the person described in clause (4)(

a) is 1 of the following, a copy of the report

published under subsection (1) must be given to the corresponding person or

persons:

(

a) if the person is deceased, the person’s next of kin;

(

b) if the person is a minor, the person’s parent or guardian;

(

c) if the person does not meet the definition of “capacity” in the Adult

Capacity and Decision-making Act , the person and their alternative

representative appointed under the Adult Capacity and Decision-making

Act .

(7) Despite subsection (1), if the serious incident investigated was the reported sexual

assault of an affected person and the Director is of the opinion that the affected

person’s privacy interest in not having the report published outweighs the public

interest in having the report published, the Director may decide, after consulting

the affected person, to

(

a) not publish the report; and

(

b) only give the report to the persons and agencies described in subsection (4).

Annual report to Minister

(1) The annual report to the Minister on the operations of the Team must include all of

the following:

(

a) a comparison between the number of matters referred to the Director in the

year and the number of investigations started and concluded in the year;

(

b) the information required under

Section 26N of the Act.

(2) For investigation work conducted by the Team under an agreement made under

subsection 26H(3) of the Act, the annual report to the Minister must include all of

the information described in subsection (1) as it relates to the investigation work.

Oath of office for Director and investigators

11 The Director, the Assistant Director and each person appointed as an investigator for the

purpose of the Team must take the following oath or affirmation before a commissioner

of oaths:

I, (name of investigator), do (select one) solemnly swear/affirm that I will faithfully,

diligently and impartially execute and perform the duties required of me as a member of

the Serious Incident Response Team and that 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 bylaw, and will not, except in the discharge of my duties, disclose to

any person any matter or evidence that may come to my notice through my employment,

(select one) so help me God/I so affirm.

Assistant Director

(1) The Team may hire an Assistant Director.

(2) An Assistant Director hired under subsection (1) has all the powers of the Director

as set out in

Section 26G of the Act.

(3) In addition to the people who may be designated as an acting Director under

subsections 26C(2) and (3) of the Act, the Director may designate, in writing, an

Assistant Director of the Team hired under subsection (1) to act as an acting

Director in place of the Director while the Director is absent or unable for any

reason to perform the duties of their office and any act done by the acting Director

has the same force, validity and effect as if done by the Director.

Legislative History

Reference Tables

Serious Incident Response Team Regulations

N.S. Reg.

89/2012

Police Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Serious Incident Response Team Regulations made

under the Police Act includes all

of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

89/2012

Apr 20, 2012

date specified

May 4, 2012

129/2024

Jul 2, 2024

date specified

Jul 12, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2(1) defn . of “affected

person” .........

ad. 129/2024

2(1) defn . of “serious

incident” ........

ad. 129/2024

4A .....................................................

ad. 129/2024

9 ........................................................

rs . 129/2024

9A .....................................................

ad. 129/2024

10 ......................................................

rs . 129/2024

11 ......................................................

am. 129/2024

12 ......................................................

ad. 129/2024

Note that changes to headings are not included

in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.