This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright © 2015, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Appointment of Provincial Civil Constables Regulations

made under

Section 3 of the

Police Services Act

R.S.N.S. 1989, c. 349

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,

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.

(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.

(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:

(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.

(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:

(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