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Part II .

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Designations of Courts and Facilities

made under Sections 2, 13, 30, 85, 88 and 157 of the

Youth Criminal Justice Act (Canada)

S.C. 2002, c. 1

and Sections 3 and 25 of the

Youth Justice Act

S.N.S. 2001, c. 38

O.I.C. 2003-131 (March 28, 2003, effective April 1, 2003), N.S. Reg. 92/2003

as amended by O.I.C. 2004-252 (June 18, 2004, effective April 1, 2004), N.S. Reg. 172/2004

O.I.C. 2006-368 (August 17, 2006, effective July 1, 2006), N.S. Reg. 163/2006

O.I.C. 2003-131

The Governor in Council on the report and recommendation of the Minister of Justice dated

March 7, 2003, and pursuant to Sections 2, 13, 30, 85, 88 and 157 of

Chapter 1 of the Statutes

of Canada, 2002, the Youth Criminal Justice Act , and Sections 3 and 25 of

Chapter 38 of the

Acts of 2001, the Youth Justice Act , effective April 1, 2003, is pleased to

(1) Designate the Minister of Justice as the Minister who may establish community-based programs pursuant to s. 157 of the Youth Criminal Justice Act .

(2) Designate the Supreme Court Family Division, the Provincial Court of Nova Scotia

and the Family Court of Nova Scotia as Youth Justice Courts for the purposes of

subsection 13(1) of the Youth Criminal Justice Act .

(3) Designate the Executive Director of Correctional Services as a provincial director

and delegate to the Executive Director of Correctional Services the authority to

appoint or designate in the province either generally or in a specific case those

persons or classes of persons who may perform any of the duties or functions of a

provincial director under the Youth Criminal Justice Act , pursuant to Sections 2 and

22 of the Youth Criminal Justice Act and

Section 3 of the Youth Justice Act .

(4) Delegate to the Executive Director of Correctional Services as the authority to

appoint or designate in the province either generally or in a specific case those

persons or classes of persons who may perform any of the duties of a “youth worker”

pursuant to

Section 2 of the Youth Criminal Justice Act and

Section 3 of the Youth

Justice Act .

(5) Designate each of the Nova Scotia Youth Centre, Shelburne Youth Centre and the

Cape Breton Young Offender Detention Centre as

(

a) a place of detention and custody pursuant to subsection 25(1) of the Youth

Justice Act ;

(

b) a place of temporary detention pursuant to subsection 30(1) of the Youth

Criminal Justice Act ;

(

c) a custody facility with the least degree of restraint of the young person pursuant

to subsection 85(2) of the Youth Criminal Justice Act ; and

(

d) a place of closed/secure custody pursuant to subsection 85(2) of the Youth

Criminal Justice Act .

Designation of Shelburne Youth Centre revoked: O.I.C. 2004-252, N.S. Reg. 172/2004.

Designation of Cape Breton Young Offender Detention Centre revoked: O.I.C. 2006-368, N.S. Reg.

163/2006.

(6) Designate each of the Antigonish Correctional Centre, Cape Breton Correctional

Centre and the Cumberland Correctional Centre as

(

a) a place of detention, but not custody, pursuant to subsection 25(1) of the Youth

Justice Act ;

(

b) a place of temporary detention pursuant to subsection 30(1) of the Youth

Criminal Justice Act ;

(7) Designate each of the Cape Breton Correctional Centre and the Cumberland

Correctional Centre as a place of closed/secure custody pursuant to subsection 85(2)

of the Youth Criminal Justice Act .

(8) Order pursuant to s. 88 of the Youth Criminal Justice Act that the power to make

determinations of the level of custody for young persons and to review those

determinations be exercised in accordance with the Young Offenders Act ,

chapter

Y-1 of the Revised Statutes of Canada, 1985. The following provisions of that Act

apply, with any modifications that the circumstances require, to the exercise of those

powers:

(

a) the

definitions “review board” and “progress report” in subsection 2(1);

(

b) section 11;

(

c) sections 24.1 to 24.3; and

(

d) sections 28 to 31.

(9) Delegate to the Deputy Attorney General the authority to designate a place or class

of places of temporary detention pursuant to subsection 30(1) of the Youth Criminal

Justice Act , and a place of detention pursuant to subsection 25(1) of the Youth

Justice Act .

O.I.C. 2006-368

The Governor in Council on the report and recommendation of the Minister of Justice and

Attorney General dated July 6, 2006, and pursuant to

Section 25 of

Chapter 38 of the Acts of

2001, the Youth Justice Act , and subsections 30(1) and 85(2) of

Chapter 1 of the Statutes of

Canada, 2002, the Youth Criminal Justice Act , is pleased, effective on and after July 1, 2006, to

(

a) revoke the designation of the Cape Breton Young Offender Detention Centre,

N.S. Reg. 92/2003, made by the Governor in Council by Order in Council

2003-131 dated March 28, 2003, as a place of detention and custody, a place of

temporary detention, a facility with the least degree of restraint of the young

person and a place of closed/secure custody; and

(

b) designate the Cape Breton Youth Detention Facility at the Cape Breton

Correctional Facility as

(

i) a place of detention and custody pursuant to subsection 25(1) of the

Youth Justice Act ;

(ii) a place of temporary detention pursuant to subsection 30(1) of the Youth

Criminal Justice Act ; and

(iii) a youth custody facility with one or more levels of custody pursuant to

subsection 85(2) of the Youth Criminal Justice Act .