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Part II .

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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.

Click here to go to the text of the regulations .

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

(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

(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

(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.

Legislative History

Reference Tables

Body Armour Control Regulations

N.S. Reg.

19/2019

Body Armour Control 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 Body Armour Control Regulations made

under the Body Armour Control Act includes all of

the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

19/2019

Feb 20, 2019

date specified

Feb 15, 2019

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

..........................................................

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.