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Police Regulations

made under subsection 97(1) of the

Police Act

S.N.S. 2004, c. 31

O.I.C. 2005-567 (effective January 1, 2006), N.S. Reg. 230/2005

as amended up to O.I.C. 2020-018 (effective January 15, 2021), N.S. Reg. 11/2020

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

Part 1 - Qualifications and Appointments

Members

Definition of “member” for this Part

Member qualifications

Chief officer qualifications

Chief officer selection process

Special Constables and By-law Enforcement Officers

Special constable and by-law enforcement officer qualifications

Record of appointments of special constables and by-law enforcement officers

Policies and procedures for special constables and by-law enforcement officers

Performance evaluation for special constable or by-law enforcement officer

Auxiliary Police Officers

Auxiliary police officer qualifications

Conflict of interest

Liability insurance

Record of appointments of auxiliary police officers

Policies and procedures

Oaths of Office

Oath of office for member

Oath of office for special constable and by-law enforcement officer

Oath of office or affirmation for other special constables and by-law enforcement

officers

Oath of office for auxiliary police officer

Must take oath before assuming duties

Part 2 - Police Department Discipline and Conduct

Discipline and Duty

Definition of “member” for this Part

Disciplinary authority for police department

Discipline standards for police departments and members

Duty of member to assist board and Review Board

Code of Conduct and Disciplinary Defaults

Code of Conduct

Penalty for disciplinary default by member other than chief officer

Penalty for disciplinary default by chief officer

General Complaint Procedures

Making complaint

Complaint made by third party

Time limit for making complaint

Statement of procedures and rights to complainant

Recording and forwarding copies of complaint

Report of complaint to Complaints Commissioner

Who may investigate complaint

Informal resolution of complaint

Continuing investigation of unresolved complaint

Time limit for investigation

Retention of information, notes and evidence

Request for review and referral to Complaints Commissioner

Referral by Complaints Commissioner to Review Board

Withdrawing a complaint

Investigation of Complaint About Member by Disciplinary Authority

Notice of allegation

Report and notification on completion of investigation of complaint

Consideration of organizational or administrative matters addressed in report

Disciplinary authority’s decision

Internal Discipline

Allegation of disciplinary default

Investigator for alleged disciplinary default

Time limit for investigation of alleged disciplinary default

Report on investigation of allegation against member other than chief officer

Chief officer to consider departmental practices identified in report

Decision in disciplinary default matter for member other than chief officer

Report on investigation of allegation against chief officer

Board to consider departmental practices identified in report

Decision in disciplinary default matter for chief officer

Review of decision by Review Board

Review Board Hearings

Quorum

Written submissions

Burden of proof

Expungement of Disciplinary Default

When disciplinary default deemed expunged

Time periods deemed to run concurrently

Dismissal and Reduction in Rank

Dismissing member on probation

Dismissing member guilty of offence

Dismissal or reduction in rank and pay following investigation

Suspension

Suspending member from duty

Deciding whether to continue suspension

Restrictions on member during suspension

Internal discipline proceedings against member on suspension

Pay and allowances during suspension

No permanent suspension without internal discipline proceedings

Criminal Misconduct by Member

Minister may request investigation of allegation

Criminal charge against member

Notices

Giving notice

When notice deemed received

Transition for Complaint and Disciplinary Proceedings

Part 3 - Administrative and Governing Bodies

Oaths of Office for Members of Administrative and Governing Bodies

Oath of office for member of Review Board, board or advisory board

Must take oath before assuming duties

Municipal Boards of Police Commissioners

Board member selection process

Board member qualifications

Role of board chair

Code of conduct for board members

Joint Boards and Boards of Amalgamated Municipalities

Agreement for joint policing services or amalgamated police department

Membership of joint board or board of amalgamated municipality

Advisory Boards

Advisory board member selection process

Advisory board member qualifications

Code of conduct for advisory board members

Form 1—Oath of Office for Member of Police Department

Form 2—Oath of Office for Special Constable or By-law Enforcement Officer

Form 2A—Oath of Office for Special Constables and By-law Enforcement Officers

appointed under subsections 88(1) and 89(1) of the Police Act

Form 3 - Oath of Office for Auxiliary Police Officer

Form 4 - Oath of Office for Member of Nova Scotia Police Review Board, Municipal Board

of Police Commissioners or Police Advisory Board

Citation

1 These regulations may be cited as the Police Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Police Act ;

(b) “advisory board” means an advisory board as defined in clause 2(

a) of the

Act;

(c) “auxiliary police officer” means an auxiliary police officer appointed under

Section 91 of the Act;

(d) “board” means a board as defined in clause 2(

b) of the Act, and when used

in the context of a police department means the board for the municipality

served by that police department;

(e) “by-law enforcement officer” means, except in

Section 17A and Form 2A, a

by-law enforcement officer appointed under subsection 37(4) of the Act by

a board on a chief officer’s recommendation or by a chief officer in

accordance with a municipal by-law;

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

c) of the Act, and

when used in the context of a police department means the chief officer of

that police department;

(g) “Code of Conduct” means the code of conduct for members, special

constables and by-law enforcement officers prescribed in

Section 24, as

referred to in

Section 80 of the Act;

(h) “code of conduct for advisory board members” means the code of conduct

for advisory board members prescribed in

Section 84, as required by

Section

58 of the Act;

(i) “code of conduct for board members” means the code of conduct for board

members prescribed in

Section 79, as required by subsection 45(1) of the

Act;

(j) “complaint” means a complaint as defined in clause 2(

d) of the Act;

(k) “Complaints Commissioner” means the Complaints Commissioner as

defined in clause 2(

e) of the Act;

(l) “complaints officer” of a police department means the chief officer of the

police department, or a member of the department designated by the chief

officer as the complaints officer;

(m) “council” means a council as defined in clause 2(

f) of the Act, and when

used in the context of a police department means the council of the

municipality served by that police department;

(n) “disciplinary authority” means a person or body , other than the Review

Board, that has jurisdiction under the Act and these regulations to deal with

a complaint, an internal disciplinary matter or [a] suspension;

(o) “disciplinary default” means a breach of the Code of Conduct;

(p) “investigator”, as the context requires, means a person who is

(

i) designated in accordance with

Section 33 to investigate a complaint,

(ii) designated in accordance with

Section 46 to investigate an allegation

of disciplinary default;

(q) “Minister” means the Minister of Justice;

(r) “police department”, unless the context otherwise requires, means a

municipal police department established in accordance with clause 36(1)(

a) of the Act or an amalgamated police department established in accordance

with

Section 84 or 85 of the Act;

(s) “prescribed form” means a form prescribed by the Complaints

Commissioner;

(t) “record” includes data entered or stored in a computer or on tapes;

(u) “Review Board” means the Review Board as defined in clause 2(

k) of the

Act;

(v) “special constable” means, except in

Section 17A and Form 2A, a special

constable appointed under subsection 37(4) of the Act, and for greater

certainty does not include a special constable designated under subsection

73(4) or 74(3) of the Act or appointed under clause 41(3)(

d) or 88(1)(

a) of

the Act.

Part 1—Qualifications and Appointments

Members

Definition of “member” for this

Part

3 For the purposes of this Part, “member” means a member of a police department

appointed under subsection 37(4) of the Act or a chief officer appointed under subsection

38(1) of the Act who has been sworn in as a peace officer, and for greater certainty does

not include a special constable or a by-law enforcement officer.

Member qualifications

(1) To be a candidate for appointment as a member, a person must be at least 19 years

old and must demonstrate all of the following qualifications to the satisfaction of

the chief officer or, for an appointment as chief officer, to the satisfaction of the

council:

(

a) a good character;

(

b) Canadian citizenship with residence in Canada, or permanent residence as

defined by the Immigration and Refugee Protection Act (Canada);

(

c) the ability to carry out the services required of them as a member;

(

d) successful completion of a recognized training program;

(

e) any qualifications prescribed by the Minister in addition to those specified

in clauses (

a) to (d).

(2) To be a candidate for appointment as a member, a person must consent to criminal

and background checks, including testing and interviews.

(3) A person must not be appointed as a member if criminal and background checks

show that the person has been convicted of any criminal offence or has been or is

the subject of a disciplinary proceeding in any jurisdiction that, in the opinion of

the chief officer or, for an appointment of a chief officer, the council, would

reasonably be expected to have a negative impact on their acting as a member or

on the policing profession generally.

Chief officer qualifications

5 In addition to meeting the requirements set out in

Section 4, to be a candidate for

appointment as a chief officer, a person must demonstrate all of the following

qualifications to the satisfaction of the council:

(

a) successful completion of a police management course at a recognized

training facility, or an equivalent combination of experience and education;

(

b) at least 10 years’ police experience;

(

c) the professional qualifications pertinent to the position applied for;

(

d) demonstrated administrative qualifications, including planning and

organizational abilities and the ability to supervise;

(

e) exceptional oral and written communication skills;

(

f) knowledge of board governance and oversight and strategic business

planning, including financial planning.

Chief officer selection process

6 The selection process used by a council in appointing a chief officer must meet the

following requirements:

(

a) selection criteria must be applied consistently to each applicant;

(

b) selection criteria must be properly related to established job requirements;

(

c) assessment techniques, including interviewing and rating applicants,

checking references and administering tests, must be carried out fairly,

impartially and consistently;

(

d) except as otherwise provided in an established hiring policy of the

municipality, the successful candidate must be chosen based on merit.

Special Constables and By-law Enforcement Officers

Special constable and by-law enforcement officer qualifications

(1) To be a candidate for appointment as a special constable or by-law enforcement

officer, a person must be at least 19 years old and must demonstrate all of the

following qualifications to the satisfaction of the chief officer:

(

a) a good character;

(

b) Canadian citizenship with residence in Canada, or permanent residence as

defined by the Immigration and Refugee Protection Act (Canada);

(

c) the ability to carry out the services required of them as a special constable or

by-law enforcement officer;

(

d) the ability to meet the minimum training standards established by the

Minister;

(

e) any qualifications prescribed by the Minister in addition to those specified

in clauses (

a) to (d).

(2) To be a candidate for appointment as a special constable or by-law enforcement

officer, a person must consent to criminal and background checks.

(3) A person must not be appointed as a special constable or by-law enforcement

officer if criminal and background checks show that the person has been convicted

of any criminal offence or has been or is the subject of a disciplinary proceeding in

any jurisdiction that, in the opinion of the chief officer, would reasonably be

expected to have a negative impact on their acting as a special constable or by-law

enforcement officer or on the policing profession generally.

Record of appointments of special constables and by-law enforcement officers

8 Each municipality must maintain a record of all of its appointments of special constables

and by-law enforcement officers, and must provide the record to the Minister on request.

Policies and procedures for special constables and by-law enforcement officers

(1) A municipality that appoints a special constable or by-law enforcement officer

must establish policies and procedures specifying the authority, responsibility and

duty of the special constable or by-law enforcement officer and must provide the

policies and procedures to the Minister in writing, for the Minister’s approval.

(2) A municipality must not carry out a policy or procedure established for a special

constable or a by-law enforcement officer unless it is approved by the Minister.

Performance evaluation for special constable or by-law enforcement officer

(1) Before reappointing a person as a special constable or by-law enforcement officer,

the chief officer must evaluate the person’s performance as a special constable or

by-law enforcement officer since their appointment or most recent reappointment.

(2) A municipality must keep records of all performance evaluations conducted under

subsection (1), and must provide the records to the Minister on request.

Auxiliary Police Officers

Auxiliary police officer qualifications

(1) To be a candidate for appointment as an auxiliary police officer, a person must be

at least 19 years old and must demonstrate all of the following qualifications to the

satisfaction of the chief officer:

(

a) a good character;

(

b) Canadian citizenship with residence in Canada, or permanent residence as

defined by the Immigration and Refugee Protection Act (Canada);

(

c) completion of Grade 12 or the equivalent;

(

d) the ability to meet the minimum training standards established by the

Minister in a standard operating procedure;

(

e) the ability to carry out the services required of them as an auxiliary police

officer;

(

f) any qualifications prescribed by the Minister in addition to those specified

in clauses (

a) to (e).

(2) To be a candidate for appointment as an auxiliary police officer, a person must

consent to criminal and background checks.

(3) A person must not be appointed as an auxiliary police officer if criminal and

background checks show that the person has been convicted of any criminal

offence or has been or is the subject of a disciplinary proceeding in any jurisdiction

that, in the opinion of the chief officer, would reasonably be expected to have a

negative impact on their acting as an auxiliary police officer, or on the policing

profession generally.

Conflict of interest

12 A person must not be appointed as an auxiliary police officer if acting as an auxiliary

police officer would create a conflict of interest with their business operations or

employment.

Liability insurance

13 A municipality or police department for which an auxiliary police officer is appointed

must maintain third party liability insurance in respect of the performance of the

auxiliary police officer’s duties and must maintain documentation of the insurance for

review by the Minister.

Record of appointments of auxiliary police officers

14 Each municipality must maintain a record of all of its appointments of auxiliary police

officers, and must provide the record to the Minister on request.

Policies and procedures

(1) A person appointing an auxiliary police officer must provide policies and

procedures for all of the following in writing to the Minister, for the Minister’s

approval:

(

a) the auxiliary police officer carrying out their authority, responsibility and

duty;

(

b) the standard of conduct to be met by the auxiliary police officer;

(

c) disciplining the auxiliary police officer;

(

d) subject to subsection (2), the handling of any complaint that is made against

the auxiliary police officer.

(2) If a complaint is made against an auxiliary constable, the person who appointed the

auxiliary police officer must investigate the complaint no later than 30 days after

the date that the complaint is received.

Oaths of Office

Oath of office for member

16 The oath of office or affirmation required for a member is prescribed as Form 1.

Oath of office for special constable and by-law enforcement officer

17 The oath of office or affirmation required for a special constable or a by-law enforcement

officer is prescribed as Form 2.

Oath of office or affirmation for other special constables and by-law enforcement officers

17A The oath of office or affirmation required for a special constable appointed under

subsection 88(1) of the Act or a by-law enforcement officer appointed under subsection

89(1) of the Act is prescribed as Form 2A.

Oath of office for auxiliary police officer

18 The oath of office or affirmation required for an auxiliary police officer is prescribed as

Form 3.

Must take oath before assuming duties

19 A person referred to in

Section 16, 17 or 18 must make their oath or affirmation before

assuming their duties in the position for which the oath or affirmation is required.

Part 2 - Police Department Discipline and Conduct

Discipline and Duty

Definition of “member” for this

Part

20 For the purposes of this Part, “member” includes a special constable and a by-law

enforcement officer.

Disciplinary authority for police department

(1) Subject to subsection (2) and except as provided in subsection (3), the chief officer

of a police department is the disciplinary authority for the police department.

(2) A chief officer may delegate their powers as disciplinary authority to an officer not

below the rank of inspector.

(3) If a chief officer of a police department is the subject of a complaint or is alleged to

have committed a disciplinary default, the disciplinary authority for the police

department is the board.

Discipline standards for police departments and members

(1) Each police department must consistently maintain a high standard of police

discipline.

(2) Each member in a senior or supervisory rank must

(

a) set an example to all members in carrying out their assignments;

(

b) display a strict sense of duty and impartiality in dealing with subordinates;

and

(

c) impartially administer disciplinary matters in accordance with these

regulations.

Duty of member to assist board and Review Board

23 To enable the board and the Review Board to carry out their duties and functions

pursuant to the Act, it is the duty of every member to assist and co-operate with the

board and the Review Board, including board and Review Board staff, and to ensure that

any required documentation is submitted to the parties in accordance with these

regulations.

Code of Conduct and Disciplinary Defaults

Code of Conduct

(1) A member who engages in discreditable conduct in any of the following ways

commits a disciplinary default:

(

a) acting in a disorderly manner or in a manner that is reasonably likely to

bring discredit on the reputation of the police department;

(

b) contravening an enactment of the Province, a province or territory of

discredit on the reputation of the police department;

(

c) assaulting another member;

(

d) using oppressive or abusive conduct or language towards another member;

(

e) being discourteous or uncivil to a member of the public, having regard to all

the circumstances;

(

f) knowingly being an accessory to a disciplinary default by aiding, abetting or

conniving with a party;

(

g) being improperly dressed or being untidy or unkempt in appearance while

wearing a uniform on or off duty;

(

h) withholding or suppressing a complaint or report against another member.

(2) A member who is insubordinate, either by word or action, by disobeying, omitting

or neglecting to carry out a lawful order without adequate reason commits a

disciplinary default.

(3) A member who neglects their duties in any of the following ways commits a

disciplinary default:

(

a) neglecting to or, without adequate reason, failing to promptly, properly or

diligently perform a duty as a member;

(

b) failing to work in accordance with orders;

(

c) leaving an area detail or other place of duty without permission or sufficient

cause or, having left a place of duty with permission or cause, failing to

return without undue delay;

(

d) being absent from duty without adequate reason;

(

e) being tardy in reporting for duty without adequate reason;

(

f) neglecting or lacking concern for the health or safety of a person in the

member’s custody.

(4) A member who is deceitful in any of the following ways commits a disciplinary

default:

(

a) wilfully or negligently making or signing a false, misleading or inaccurate

written statement or entry, including by electronic means , in an official

document or record;

(

b) wilfully or negligently making a false, misleading or inaccurate oral or

written statement or signing a false, misleading or inaccurate written

statement pertaining to the member’s duties;

(

c) without lawful excuse, destroying, mutilating or concealing an official

document or record or altering, erasing or adding to an entry in an official

document or record.

(5) A member who improperly discloses information in any of the following ways

commits a disciplinary default:

(

a) communicating information that the member has as a member of a police

department without proper authority;

(

b) making an anonymous communication to any member of a police

department;

(

c) signing or circulating a petition or statement in respect of a matter

concerning the police department as a representative of a certified police

union, association or federation, except through the proper official channel

of correspondence or established grievance procedure or in the bona fide

performance of the member’s duties as a member.

(6) A member who engages in corrupt practice in any of the following ways commits

a disciplinary default:

(

a) failing to properly account for, or make a prompt or true return of, any

money or property received by the member in the course of duty;

(

b) directly or indirectly soliciting or receiving a payment, gift, pass,

subscription, testimonial or favour without the consent of the chief officer;

(

c) being under a pecuniary or other obligation to any person in a manner that

might affect the proper performance of the member’s duties as a member;

(

d) improperly using their position as a member for private advantage.

(7) A member who abuses their authority in any of the following ways commits a

disciplinary default:

(

a) making an arrest without good or sufficient cause;

(

b) using unnecessary force on or cruelly treating any prisoner or other person

with whom the member may be brought into contact in the course of duty;

(

c) unlawfully exercising authority as a member.

(8) A member who improperly uses a firearm or intermediate weapon in any of the

following ways commits a disciplinary default:

(

a) without proper authorization, carrying while on duty any firearm or

intermediate weapon other than one issued by the police department;

(

b) discharging a firearm or intermediate weapon while on duty, other than

during a training exercise, and failing to make a written report of the

incident to a senior officer as soon as practicable.

(9) A member who damages property in any of the following ways commits a

disciplinary default:

(

a) wilfully or negligently causing waste, loss or damage to police property or

any other property entrusted to the member’s care as a member;

(

b) failing to promptly report any waste, loss or damage referred to in clause (a),

whether the waste, loss or damage was caused by the member or discovered

by the member.

(10) A member who consumes or uses alcohol or drugs in a manner prejudicial to the

carrying out of their duty in any of the following ways commits a disciplinary

default:

(

a) reporting for duty, being on duty or standing by for duty while unfit to do so

because of the use of alcohol or a drug;

(

b) without proper authority, using or possessing alcohol or drugs prohibited by

law.

Penalty for disciplinary default by member other than chief officer

25 The penalty for a disciplinary default by a member other than a chief officer may be any

one or more of the following, or a combination of any of the following:

(

a) a recommendation to the board that the member be dismissed or, if the chief

officer has authority to dismiss in accordance with a by-law made under

subsection 37(4) of the Act, an order to dismiss the member;

(

b) an order that the member resign from the police department and, if the

member does not resign within 7 days after the date of the order, a

recommendation to the board that the member be dismissed or, if the chief

officer has authority to dismiss in accordance with a by-law made under

subsection 37(4) of the Act, an order to dismiss the member;

(

c) reduction of the member’s rank, seniority or pay;

(

d) suspension of the member without pay for no longer than 30 days;

(

e) an order that the member pay a fine in an amount not exceeding the

equivalent of 10 days’ pay payable to the member as a member, within a

time determined by the chief officer;

(

f) an order for a period of close supervision of the member;

(

g) a reprimand of the member;

(

h) an order that the member undergo counseling, treatment or training

acceptable to the chief officer, the expense of the counseling, treatment or

training to be assumed by the police department;

(

i) any order not included in clauses (

a) to (

h) that the chief officer considers

appropriate.

Penalty for disciplinary default by chief officer

26 The penalty for a disciplinary default by a chief officer may be any one or more of the

following, or a combination of any of the following:

(

a) a recommendation to the council that the chief officer be dismissed;

(

b) an order that the chief officer resign from the police department and, if the

chief officer does not resign within 7 days after the date of the order, a

recommendation to the council that the chief officer be dismissed;

(

c) an order that the chief officer pay a fine in an amount not exceeding the

equivalent of 10 days’ pay payable to the chief officer as a member, within a

time determined by the board;

(

d) a reprimand of the chief officer;

(

e) an order that the chief officer undergo counseling, treatment or training

acceptable to the board, the expense of the counseling, treatment or training

to be assumed by the police department;

(

f) any order not included in clauses (

a) to (

e) that the board considers

appropriate.

General Complaint Procedures

Making complaint

27 A complaint may be made to any of the following, as applicable:

(

a) for a complaint about a police department generally, the complaints officer

of the police department or any other member of the police department;

(

b) for a complaint about a member, the complaints officer of the police

department of which the member complained of is a member, or any other

member of the police department;

(

c) for any complaint, the board or the Complaints Commissioner.

Complaint made by third party

(1) A complaint made by a person who is not personally affected by the occurrence

that gave rise to the complaint must not be proceeded with unless the person who

is personally affected by the occurrence consents to the processing of the complaint

by endorsing the complaint in writing at the time it is made.

(2) Subsection (1) does not apply if the person who is personally affected by the

occurrence that gave rise to the complaint is not competent to give consent.

Time limit for making complaint

(1) Except as provided in subsection (2), a complaint must be made no later than 1

year after the date the conduct complained of is alleged to have occurred.

(2) The Complaints Commissioner may extend the time limit for making a complaint

if the Commissioner is of the opinion that there are good reasons for doing so and

that it is not contrary to the public interest.

(3) Subsection (2) does not apply to a complaint if the conduct complained of is

alleged to have occurred before January 15, 2020.

Statement of procedures and rights to complainant

30 The person to whom a complaint is made must give the complainant a statement in the

prescribed form that sets out the procedures that must be followed respecting the

complaint and the rights of the complainant under the Act and these regulations.

Recording and forwarding copies of complaint

(1) A person to whom a complaint is made must record the complaint in the

prescribed form and ensure that the complainant signs the complaint.

(2) A person who records a complaint about a police department generally must

forward a copy of the complaint, as recorded, to the chief officer of the police

department, as required by subsection 71(1) of the Act, unless the complaint was

first made to the chief officer.

(3) A person who records a complaint about a member other than a chief officer must

forward a copy of the complaint, as recorded, to each of the following:

(

a) the member complained of;

(

b) the chief officer of the police department, as required by subsection 71(1) of

the Act, unless the complaint was first made to the chief officer.

(4) A person who records a complaint about a chief officer must forward a copy of the

complaint, as recorded, to each of the following:

(

a) the chief officer complained of;

(

b) the chair of the board, unless the complaint was originally made to the

board.

Report of complaint to Complaints Commissioner

(1) A chief officer’s report of a complaint to the Complaints Commissioner under

subsection 71(4) of the Act must be in writing and filed with the Commissioner no

later than 30 days after the date the chief officer received the complaint.

(2) A board’s report of a complaint to the Complaints Commissioner under subsection

73(6) of the Act must be in writing and filed with the Commissioner no later than

30 days after the date the board received the complaint.

Who may investigate complaint

(1) A member designated by a chief officer under subsection 71(3) of the Act to

investigate a complaint about a member other than a chief officer must be of a

higher rank than the member complained of.

(2) A person designated by a board under 73(3) of the Act to investigate a complaint

about a chief officer must be a barrister or a chief officer of another police

department.

Informal resolution of complaint

(1) A complaint is resolved informally if

(

a) a resolution of the complaint is proposed; and

(

b) the complainant and the member or police department complained of agree

with the proposed resolution by signing a record of informal resolution in

the prescribed form.

(2) A disciplinary authority must forward a copy of an informal resolution, as recorded

under clause (1)(b), to each of the following:

(

a) the complainant;

(

b) the member or police department complained of;

(

c) the Complaints Commissioner.

(3) A complaint that is resolved informally must not be processed further and, if the

complaint is about a member, must not appear in the service record of the member.

Continuing investigation of unresolved complaint

35 If a complaint is not resolved informally under

Section 34, the disciplinary authority or,

if applicable, the investigator designated under

Section 33, must continue to investigate

the complaint.

Time limit for investigation

(1) An investigation must be completed no later than 60 days after the date the

complaint was first made.

(2) Despite subsection (1), the Complaints Commissioner may, on request before or

after the time limit has expired, extend the time to complete the investigation if the

Complaints Commissioner is satisfied that there are reasonable grounds for

granting the extension and the extension will not unduly prejudice any member.

Retention of information, notes and evidence

37 Any information or evidence gathered or notes taken during an investigation of a

complaint must be recorded and preserved and must be retained for 2 years after the

complaint is finally disposed of.

Request for review and referral to Complaints Commissioner

38 A request to the Review Board for a review of a disciplinary authority’s decision in a

complaint matter, as referred to in subsection 72(2) or 73(5) of the Act, must be made by

filing a notice of review with the Complaints Commissioner in the prescribed form no

later than 30 days after the date the decision is received.

Referral by Complaints Commissioner to Review Board

39 (1) [repealed]

(2) [repealed]

(3) On receiving a referral of a complaint from the Complaints Commissioner, the

Review Board must notify each of the following of the time and place set for the

hearing of the review by the Review Board:

(

a) the complainant;

(

b) the member to whom the decision relates;

(

c) the disciplinary authority that made the decision in the complaint under

review;

(

d) the Complaints Commissioner.

Withdrawing a complaint

(1) A complainant may withdraw a complaint at any time by giving notice of the

withdrawal of the complaint in the prescribed form to

(

a) the chief officer, if the member complained of is not the chief officer;

(

b) the board, if the member complained of is the chief officer; or

(d) [the] Complaints Commissioner.

(2) On receipt of a notice of withdrawal of a complaint, a person must notify each of

the following of the withdrawal:

(

a) the member complained of;

(

b) the chief officer, unless the notice was given to the chief officer;

(

c) the Complaints Commissioner, unless the notice was given to the

Complaints Commissioner.

(3) If the disciplinary authority for a withdrawn complaint believes, for any good or

sufficient reason, that the complaint should not have been withdrawn, the

disciplinary authority, no later than 30 days after the date the complaint is

withdrawn, may begin internal disciplinary proceedings against the member

complained of by serving a notice of allegation on the member in the prescribed

form, in accordance with the provisions in these regulations respecting internal

discipline proceedings.

(4) A disciplinary authority must forward a copy of a notice served under subsection

(3) to the Complaints Commissioner.

Investigation of Complaint About Member by Disciplinary Authority

Notice of allegation

41 If a complaint about a member is not resolved informally, the investigator must serve a

notice of allegation in the prescribed form on the member complained of as soon as

practicable and forward a copy of the notice to the Complaints Commissioner.

Report and notification on completion of investigation of complaint

(1) After completing an investigation of a complaint about a member, an investigator

must promptly submit a report to the disciplinary authority that includes the

following details:

(

a) whether, in the investigator’s opinion, the evidence proves that the member

has committed a disciplinary default;

(

b) if applicable, any organizational or administrative practices of the police

department that the investigator identifies as factors that may have caused or

contributed to the alleged disciplinary default.

(2) An investigator’s report may include a recommendation of what penalty should be

imposed on the member if the allegation of disciplinary default is proved.

(3) An investigator must notify each of the following in the prescribed form of the date

the investigation was completed:

(

a) the complainant;

(

b) the member complained of;

(

c) the Complaints Commissioner.

Consideration of organizational or administrative matters addressed in report

43 If an investigator’s report in a complaint matter identifies departmental practices that

may have caused or contributed to an alleged disciplinary default, the chief officer must

consider, independently of the disposition of the complaint, all organizational or

administrative matters that may need further consideration and report these matters,

together with their disposition, to the board.

Disciplinary authority’s decision

(1) No later than 30 days after the date a disciplinary authority receives an

investigator’s report on a complaint against a member, the disciplinary authority

must

(

a) decide whether the evidence gathered in the investigation shows that the

member may have committed a disciplinary default; and

(

b) take action in accordance with subsection (2) or (3).

(2) If a disciplinary authority decides that the evidence gathered in an investigation

does not establish that the member has committed a disciplinary default, the

disciplinary authority must dismiss the complaint and forward a report of the

disposition of complaint proceedings in the prescribed form to each of the

following:

(

a) the complainant;

(

b) the member complained of;

(

c) the Complaints Commissioner.

(3) If a disciplinary authority decides that the evidence gathered in an investigation

discloses that the member may have committed a disciplinary default, the

disciplinary authority must immediately serve a notice on the member in the

prescribed form that

(

a) states that the member is alleged to have committed a disciplinary default;

and

(

b) requires the member to appear at a private meeting of the disciplinary

authority and the member to be held on the date and at the time and place

specified in the notice.

(4) At a private meeting with a disciplinary authority, a member may be represented

(

a) counsel, a union representative or another member of the same police

department; or

(

b) if the member is a chief officer, counsel or a member of the Nova Scotia

Chiefs of Police Association.

(5) At a private meeting with a disciplinary authority, a member must be given an

opportunity to

(

a) hear the results of the investigation; and

(

b) admit or deny the allegation.

(6) After a private meeting under this Section,

(

a) if a disciplinary authority decides that a member other than a chief officer

has committed a disciplinary default, the disciplinary authority must impose

a penalty specified in

Section 25;

(

b) if a disciplinary authority decides that a chief officer has committed a

disciplinary default, the disciplinary authority may impose a penalty

specified in

Section 26;

(

c) if a disciplinary authority decides that a member has not committed a

disciplinary default, the disciplinary authority must dismiss the complaint

and take no further action with respect to the complaint.

(7) No later than 30 days after the date the disciplinary authority makes a decision

under subsection (6), the disciplinary authority must forward a written copy of the

decision and the reasons for their decision in the prescribed form to each of the

following:

(

a) the member who is the subject of the decision;

(

b) the complainant;

(

c) the Complaints Commissioner.

Internal Discipline

Allegation of disciplinary default

(1) A member may allege that another member of the same police department has

committed a disciplinary default by filing a written allegation with the disciplinary

authority.

(2) Subject to subsection (3), a disciplinary authority to whom a written allegation is

made must give notice of the allegation in the prescribed form to the member

alleged to have committed the disciplinary default and, if the disciplinary authority

is other than the board, must forward a copy of the notice to the board.

(3) Proceedings for an alleged disciplinary default must not be commenced if more

than 6 months have elapsed from the time the member making the allegation

should have been aware of the alleged disciplinary default.

(4) For the purpose of subsection (3), proceedings against a member are commenced

at the time a written allegation is filed with the disciplinary authority.

(5) An allegation may be resolved informally if

(

a) a resolution of the allegation is proposed; and

(

b) the member making the allegation, the member against whom the allegation

is made and the police department agree with the proposed resolution by

signing a record of informal resolution in the prescribed form.

(6) An allegation that is resolved informally must not be processed further and must

not appear in the service record of the member.

(7) An allegation may be withdrawn at any time by giving notice of the withdrawal of

the allegation in the prescribed form to the disciplinary authority.

(8) If the disciplinary authority for a withdrawn allegation believes, for any good or

sufficient reason, that the allegation should not have been withdrawn, the

disciplinary authority may continue internal disciplinary proceedings against the

member complained of.

Investigator for alleged disciplinary default

(1) A disciplinary authority that commences discipline default proceedings under

Section 45 must designate a person as investigator to investigate the allegation, as

follows:

(

a) for an allegation against a member other than a chief officer, the chief

officer must designate as investigator a member within the same police

department who is of a higher rank than the member alleged to have

committed the disciplinary default;

(

b) for an allegation against a chief officer, the board must

(

i) engage a barrister to act as investigator, or

(ii) designate a person to act as investigator.

(2) Despite the requirement in clause (1)(

a) that the investigator be a member of the

same police department, the chief officer may, after consulting with the chief

officer of another police department, designate as investigator a member of the

other police department who is of higher rank than the member alleged to have

committed the disciplinary default.

(3) In investigating an allegation of a disciplinary default, an investigator has all the

powers and privileges of a peace officer.

Time limit for investigation of alleged disciplinary default

(1) An investigation of an allegation of disciplinary default must be completed

promptly and in any case no later than 60 days after the date the written allegation

is filed.

(2) Despite subsection (1), the Complaints Commissioner may, upon request before or

after the time limit has expired, extend the time to complete the investigation if the

Complaints Commissioner is satisfied that there are reasonable grounds for

granting the extension and the extension will not unduly prejudice any member.

Report on investigation of allegation against member other than chief officer

(1) After completing an investigation of an allegation of disciplinary default against a

member other than a chief officer, an investigator must immediately submit a

report to the chief officer that includes the following details:

(

a) whether, in the investigator’s opinion, the evidence proves that the member

has committed a disciplinary default;

(

b) if applicable, any organizational or administrative practices of the police

department that the investigator identifies as factors that may have caused or

contributed to the alleged disciplinary default.

(2) An investigator’s report may include a recommendation of what penalty should be

imposed on the member if the allegation of disciplinary default is proved.

Chief officer to consider departmental practices identified in report

49 If an investigator’s report identifies departmental practices that may have caused or

contributed to the alleged disciplinary default, the chief officer must consider,

independently of the disposition of the disciplinary default matter, all organizational or

administrative matters that may need further consideration and report these matters,

together with their disposition, to the Complaints Commissioner.

Decision in disciplinary default matter for member other than chief officer

(1) No later than 30 days after the date a chief officer receives an investigator’s report

on an allegation of disciplinary default against a member other than the chief

officer, the chief officer must decide whether the evidence gathered in the

investigation discloses that the member may have committed a disciplinary default.

(2) If the chief officer decides that the evidence gathered in the investigation

establishes that the member has not committed a disciplinary default, the chief

officer must dismiss the allegation and immediately notify the member and the

Complaints Commissioner in writing that the allegation has been dismissed.

(3) If the chief officer decides that the evidence gathered in the investigation discloses

that the member may have committed a disciplinary default, the chief officer must

immediately send a notice of meeting to the member in the prescribed form for a

private meeting of the chief officer and the member to be held on the date and at

the time and place specified in the notice.

(4) A notice of meeting must include information about the penalty that the chief

officer intends to consider if the disciplinary default is proved.

(5) At the meeting with the chief officer, the member may be represented by counsel, a

union representative and another member of the same police department, and the

member must be given an opportunity to

(

a) hear the results of the investigation; and

(

b) admit or deny the allegation.

(6) After a meeting referred to in subsection (5) the chief officer must do one of the

following:

(

a) if the chief officer decides that the member has committed a disciplinary

default, impose a penalty specified in

Section 27 [25];

(

b) if the chief officer decides that the member has not committed a disciplinary

default, dismiss the allegation.

(7) No later than 30 days after the date the chief officer makes a decision under

subsection (6), the chief officer must forward a written copy of the decision and the

reasons for their decision in the prescribed form to each of the following:

(

a) the member who is the subject of the decision;

(

b) the member who made the allegation;

(

c) the Complaints Commissioner.

Report on investigation of allegation against chief officer

(1) After completing an investigation of an allegation of disciplinary default against a

chief officer, an investigator must immediately submit a report to the board that

includes all of the following details:

(

a) whether, in the investigator’s opinion, the evidence proves that the chief

officer has committed a disciplinary default;

(

b) whether, in the investigator’s opinion, the chief officer is able to carry out

the chief officer’s duties;

(

c) if applicable, any organizational or administrative practices of the police

department that the investigator identifies as factors that may have caused or

contributed to the alleged disciplinary default.

(2) An investigator’s report may include a recommendation of what penalty should be

imposed on the chief officer if the disciplinary default is proved.

Board to consider departmental practices identified in report

52 If an investigator’s report identifies any departmental practices that may have caused or

contributed to the alleged disciplinary default, the board must consider, independently of

the disposition of the disciplinary default matter, all organizational or administrative

matters that may need further consideration.

Decision in disciplinary default matter for chief officer

(1) No later than 30 days after the date a board receives an investigator’s report on an

allegation of disciplinary default against a chief officer, the board must decide

whether the evidence gathered in the report establishes that the chief officer has

committed a disciplinary default and whether the chief officer is able to carry out

the chief officer’s duties.

(2) If the board decides that the chief officer has not committed a disciplinary default,

the board must dismiss the allegation and immediately notify the chief officer in

writing that the allegation has been dismissed.

(3) If the board decides that the evidence gathered in the investigation discloses that

the chief officer may have committed a disciplinary default, the board must

immediately send a notice of meeting to the chief office[r] in the prescribed form

for a private meeting of the board and the chief officer to be held on the date and at

the time and place specified in the notice.

(4) A notice of meeting must include information about the penalty that the board

intends to consider if the disciplinary default is proved.

(5) At the meeting with the board, the chief officer may be represented by counsel and

a member of the Nova Scotia Chiefs of Police Association, and the chief officer

must be given an opportunity to

(

a) hear the results of the investigation; and

(

b) admit or deny the allegation.

(6) After a meeting referred to in subsection (5), the board must decide whether the

chief officer has committed a disciplinary default, and

(

a) if the board decides that the chief officer has committed a disciplinary

default and should be penalized, the board may impose a penalty specified

Section 26; or

(

b) if the board decides that the chief officer has not committed a disciplinary

default, the board must dismiss the allegation.

(7) No later than 30 days after the date of the board’s decision, the board must forward

a written copy of the decision and the reasons for the decision in the prescribed

form to each of the following:

(

a) the chief officer who is the subject of the decision;

(

b) the member who made the allegation;

(

c) the Complaints Commissioner.

Review of decision by Review Board

(1) A review of a disciplinary decision by the Review Board, as referred to in

Section

81 of the Act, must be initiated by a member who is the subject of a disciplinary

decision by filing a notice of review with the Complaints Commissioner in the

prescribed form no later than 30 days after the date the decision is received.

(2) After receiving a notice of review, the Complaints Commissioner must refer the

matter to the Review Board.

(3) On receiving a referral of a disciplinary decision from the Complaints

Commissioner, the Review Board must notify each of the following of the time

and place set for the hearing of the review by the Review Board:

(

a) the member who is the subject of the disciplinary decision; and

(

b) the disciplinary authority that made the disciplinary decision.

Review Board Hearings

Quorum

55 Three members of the Review Board, including the Chair or Vice-chair, constitute a

quorum, and a decision of the majority of the Review Board members present at a

hearing is a decision of the Review Board.

Written submissions

56 The parties to a hearing of the Review Board may give written submissions to the

Review Board.

Burden of proof

57 At a hearing of the Review Board, the burden of proof must be on the balance of

probabilities.

Expungement of Disciplinary Default

When disciplinary default deemed expunged

58 If a penalty has been imposed on a member for a disciplinary default, and if there is no

entry in the member’s service record of a further disciplinary default after the date the

penalty was imposed, the disciplinary default is deemed to be expunged from the

member’s record in the following applicable circumstance:

(

a) if the penalty was a reduction in rank, when 3 years have expired since the

date of the reduction in rank;

(

b) if the penalty was a fine or a suspension, when 2 years have expired from

the date the fine was paid or the suspension completed;

(

c) if the penalty was a period of close supervision, when 2 years have expired

since the completion of the period of close supervision;

(

d) if the penalty was an order to undergo counseling, treatment or training,

when 1 year has expired from the completion of the counseling, treatment or

training;

(

e) if the penalty was a reprimand, when 1 year has expired since the date of

reprimand;

(

f) if the penalty was any order made by the disciplinary authority other than as

specified in clauses (

a) to (e), when 1 year has expired from the date the

order was made, fulfilled or completed.

Time periods deemed to run concurrently

59 When a combination of penalties is ordered under

Section 25 or 26, the time periods set

out in clauses 58(

a) to (

f) are deemed to run concurrently.

Dismissal and Reduction in Rank

Dismissing member on probation

60 A chief officer may dismiss any member while the member is on probation.

Dismissing member guilty of offence

(1) A chief officer may dismiss a member who is found guilty of or has pleaded guilty

to an indictable offence or an offence punishable on

summary conviction under an

enactment of the Province or a province or territory of Canada or the Government

of Canada, if as a result, in the opinion of the chief officer, the member is unfit to

perform their duties.

(2) A council may dismiss a chief officer who is found guilty of or has pleaded guilty

to an indictable offence or an offence punishable on

summary conviction under an

enactment of the Province or a province or territory of Canada or the Government

of Canada, if as a result, in the opinion of the council, the chief officer is unfit to

perform their duties.

Dismissal or reduction in rank and pay following investigation

(1) If an investigation ordered by the Minister under

Section 7 of the Act discloses that

a member does not perform or is incapable of performing their duties in a manner

consistent with their position, or that the member’s conduct does not satisfy the

requirements of their position, the board, the chief officer in accordance with a

by-law referred to in subsection 37(4) of the Act, or, in the case of the chief officer,

the council on the recommendation of the board may

(

a) reduce the member’s rank and reduce the member’s pay in accordance with

the rank to which the member is reduced; or

(

b) subject to subsection (2), dismiss the member or, if the member is entitled

to retirement, place the member on retirement.

(2) A member must not be dismissed or placed on retirement under clause (1)(

b) unless the dismissal or retirement is expressly recommended in the report resulting

from the investigation and a majority of the members of the board or, in the case of

a chief officer, the council agree with the recommendation.

Suspension

Suspending member from duty

(1) Despite any provision of these regulations, a chief officer may suspend a member

other than a chief officer from duty if

(

a) the chief officer believes on reasonable grounds that the member has

committed an indictable offence, an offence punishable on

summary

conviction under an enactment of the Province, a province or territory of

chief officer’s opinion, the member is unfit for duty as a result;

(

b) the chief officer has received

(

i) evidence that substantiates intentional misrepresentation or fraudulent

information about the member’s qualifications on appointment, or

(ii) information or evaluation results that substantiate that the member

does not meet the qualification requirements specified in

Section 4.

(2) A member of a rank equal to or higher than non-commissioned officer in charge,

delegated by the chief officer for the purpose, may exercise the power of

suspension exercisable by the chief officer under subsection (1).

(3) A member must inform the chief officer immediately after taking action under

subsection (2).

(4) A suspension under subsection (2) is conditional on confirmation by the chief

officer no later than 24 hours after the suspension takes effect.

(5) A chief officer may, at any time, revoke a suspension and order that the member be

returned to duty, and in that case the chief officer must notify the Complaints

Commissioner that the member has been returned to duty.

(6) The chair of a board must exercise the authority of a chief officer in respect of the

suspension of a chief officer.

Deciding whether to continue suspension

(1) No later than 72 hours after the time a member’s suspension takes effect, the chief

officer or, if the member is a chief officer, the chair of the board must decide

whether the suspension is to continue in effect or be rescinded with or without

conditions.

(2) A chief officer or, if applicable, a chair of a board must immediately inform the

Complaints Commissioner of a decision to continue a suspension.

(3) Continuation of a suspension of a chief officer is conditional on confirmation by

the board no later than 72 hours after the decision to continue is made.

(4) If the chair of a board has suspended a chief officer from duty, the chair must not

participate in a decision to confirm the continuation of the chief officer’s

suspension under subsection (3).

Restrictions on member during suspension

65 During a suspension from duty, a member must not exercise powers as a peace officer or

member or wear or use the uniform or equipment of the police department.

Internal discipline proceedings against member on suspension

66 During a member’s suspension, the disciplinary authority may commence internal

disciplinary proceedings against the member.

Pay and allowances during suspension

(1) A member who is suspended under

Section 63 or 64 must receive pay and

allowances for at least 60 days during the suspension, or for a longer period as

determined by the disciplinary authority.

(2) The pay and allowances received by a member during a suspension must be

reduced by the amount that the member earns from other employment during the

suspension.

(3) Written notice of a decision by the disciplinary authority to discontinue a

member’s pay and allowances at the end of the first 60 days of the suspension must

be given immediately to the member.

(4) On receipt of a notice under subsection (3), a member whose pay and allowances

are discontinued may appear personally or be represented by counsel or a member

of the police department before the disciplinary authority for a review of the

decision.

(5) No later than 60 days after the receipt date of a notice under subsection (3), a

member may initiate a review of the decision by filing a notice of review with the

Complaints Commissioner in the prescribed form.

(6) On receiving a notice of review filed under subsection (5), the Complaints

Commissioner must

(

a) forward a copy of the notice to the disciplinary authority; and

(

b) immediately notify each of the following of the date, time and place of the

hearing of the review:

(

i) the member on suspension,

(ii) the disciplinary authority.

(7) A member who is acquitted of all charges and proceedings before a criminal court

and against whom no disciplinary proceedings are taken arising out of the same

facts and circumstances must receive full pay and allowances for any period of

suspension for which the member was not given full pay and allowances.

(8) A member who has been suspended during an investigation that results in no

disciplinary action or criminal proceedings must receive full pay and allowances

for any period of the suspension for which the member was not given full pay and

allowances.

(9) At a hearing in a complaint or internal discipline matter held under these

regulations, a Review Board

(

a) may, if it finds that a disciplinary default that resulted in the decision to

suspend the member has been proved, make any order that the Review

Board considers proper for full or partial pay and any allowances for any

unpaid period of suspension; or

(

b) must, if the Review Board dismisses all of the alleged disciplinary defaults

that caused the decision to suspend the member, order that the member

receive full pay and allowances for any period of the suspension for which

the member was not given full pay and allowances.

(10) Subsection (9) does not apply to earnings from other employment that was

commenced before the period of suspension.

No permanent suspension without internal discipline proceedings

(1) Action taken under

Section 63 or 64 must not result in the permanent suspension

of a member unless the disciplinary authority first complies with the provisions in

these regulations respecting internal disciplinary proceedings.

(2) For the purpose of these regulations, permanent suspension is deemed to be

dismissal.

Criminal Misconduct by Member

Minister may request investigation of allegation

(1) If a complaint or an allegation alleging criminal misconduct on the part of a chief

officer, or a chief officer and one or more members, is referred to the Minister, the

Minister may request another police department, provincial police or the RCMP to

investigate the complaint or allegation.

(2) If a complaint or an allegation referred to the Minister alleges that a chief officer,

or a chief officer and 1 or more members, has been involved in a serious incident,

the Minister may refer the matter to the Director in accordance with

Section 26I of

the Act.

Criminal charge against member

(1) If it appears that the facts alleged in a complaint or an allegation against a member

constitute a violation by the member of a criminal statute enacted by the

Parliament of Canada, the disciplinary authority to which the complaint or

allegation is referred must determine whether a charge should be laid against the

member.

(1A) If it appears that the facts alleged in a complaint or an allegation against a member

constitute a serious incident, the chief officer of the disciplinary authority to which

the complaint or allegation is referred must notify the Director in accordance with

Section 26I of the Act.

(2) Except as provided in subsection (3), the laying of criminal charges against a

member who is the subject of complaint or internal discipline proceedings does not

preclude the continuation of the proceedings.

(3) If a complaint or allegation that is under investigation is also the subject of a

criminal investigation or proceedings, the disciplinary authority or Review Board

must suspend the investigation of the complaint or allegation until the completion

of the criminal investigation or proceedings.

(4) If an investigation is suspended under subsection (3), the time period provided for

the completion of the investigation must be extended by the number of days that

the investigation is suspended.

(5) If a criminal charge is laid against a member for conduct that is the subject of a

Review Board hearing in a complaint or internal discipline matter, the Review

Board must adjourn the hearing until the criminal proceedings are completed.

Notices

Giving notice

71 Each notice required under this Part must be in writing and must be served personally or

sent by fax, courier or mail.

When notice deemed received

(1) Except as provided in subsection (2), if notice is sent by mail, the addressee is

deemed to have received the notice on the 5 th day following the date of mailing.

(2) If notice is sent by mail and the sender receives written confirmation, in the form

of the addressee’s signature, that the notice was received by the addressee, the

addressee is deemed to have received the notice on the day specified in the written

confirmation.

Transition for Complaint and Disciplinary Proceedings

73 Subject to subsection 96(3) of the Act, which provides for matters that were before the

Review Board immediately before the Act came into force, a complaint that was made or

an internal disciplinary proceeding that was begun before these regulations came into

force and that has not been completed on that date must be dealt with by a disciplinary

authority or the Review Board as if these regulations were not in force.

Part 3 - Administrative and Governing Bodies

Oaths of Office for Members of Administrative and Governing Bodies

Oath of office for member of Review Board, board or advisory board

74 Form 4 is prescribed as the oath of office or affirmation for each of the following:

(

a) a Review Board member;

(

b) a board member;

(

c) an advisory board member.

Must take oath before assuming duties

75 A person referred to in

Section 74 must make their oath or affirmation before assuming

their duties in the position for which the oath or affirmation is required.

Municipal Boards of Police Commissioners

Board member selection process

76 The selection process used by a council in appointing a board member to a vacancy on

the board, except a board member appointed by the Minister under clause 44(3)(

c) of the

Act, must include all of the following:

(

a) the board vacancy must be advertised and applications must be solicited for

the vacancy;

(

b) each application must be reviewed by a panel established by the council.

Board member qualifications

(1) To be a candidate for appointment as a board member under

Section 76, a person

must demonstrate all of the following qualifications to the satisfaction of the

council:

(

a) residence in the municipality served by the board;

(

b) knowledge of community issues;

(

c) a good character;

(

d) the skills and abilities to make the commitment of time and effort required

to carry out board responsibilities.

(2) To be a candidate for appointment as a board member under

Section 76, a person

must consent to criminal and background checks.

(3) A person must not be appointed as a board member if criminal and background

checks show that the person has been convicted of any criminal offence or has

been or is the subject of a disciplinary proceeding in any jurisdiction that, in the

opinion of the council, would reasonably be expected to have a negative impact on

their acting as a board member or on the board generally.

Role of board chair

78 The role of a chair of a board includes the following responsibilities:

(

a) to preside over the board and to manage, organize, set agendas for and

attend meetings, ensuring that all policies developed by the board are

appropriately implemented;

(

b) to develop an operations and policy manual that will assist in the orientation

of new appointees and direct acting board members regarding their roles

and responsibilities;

(

c) to ensure that board members are informed of matters within the board’s

jurisdiction;

(

d) to act as the sole spokesperson for the board;

(

e) in conjunction with board members and in consultation with the Chief

Administration Officer of the municipality, to evaluate the performance of

the chief officer on a yearly basis.

Code of conduct for board members

(1) A board member must do all of the following:

(

a) uphold the letter and spirit of the code of conduct set out in this

Section and

discharge their duties in a manner that will inspire public confidence in the

abilities and integrity of the board;

(

b) unless they have a reasonable excuse, attend every board meeting;

(

c) not interfere with the police department’s operational decisions and

responsibilities or with the day-to-day operation of the police department,

including the recruitment and promotion of officers;

(

d) keep confidential any information disclosed or discussed at a board meeting;

(

e) not claim to speak on behalf of the board unless authorized by the chair of

the board to do so;

(

f) discharge their duties loyally, faithfully, impartially and according to the

Act, any other Act and any regulation, rule or by-law;

(

g) discharge their duties in a manner that respects the dignity of individuals

and is in accordance with the Human Rights Act and the [ Canadian ]

Charter of Rights and Freedoms (Canada) ;

(

h) not use their position inappropriately to advance their interests or the

interests of any person or organization with whom or with which they are

associated;

(

i) immediately resign from the board if applying for employment with a police

department, including employment on contract or on fee for service;

(

j) refrain from engaging in professional or personal conduct that could

discredit or compromise the integrity of the board or the police department;

(

k) if their conduct or performance is the subject of investigation or inquiry,

temporarily withdraw from all board activities and duties as a member of

the board until the completion of the investigation or inquiry.

(2) If the chair or the majority of the board determines that a board member has

breached the code of conduct for board members, the board must record that

determination in its minutes.

(3) On determining that a board member has breached the code of conduct for board

members, the board may take one or more of the following actions:

(

a) issue a reprimand to the board member;

(

b) order a period of suspension for the board member;

(

c) recommend to the Minister or the council that the board member be

dismissed under subsection 44(7) of the Act.

Joint Boards and Boards of Amalgamated Municipalities

Agreement for joint policing services or amalgamated police department

80 An agreement under

Section 84 of the Act for a single police department to provide

services to 2 or more municipalities, or under

Section 85 of the Act to organize an

amalgamated police department, must include all of the following:

(

a) a statement of the boundaries of the region or amalgamated area to be

policed under the agreement, which may include areas outside the limits of

any municipality that is a party to the agreement;

(

b) a provision establishing a board for the region or amalgamated area;

(

c) a method for determining the contribution that each party must pay;

(

d) an interim budget;

(

e) a method for approving budgets proposed by the board;

(

f) a method for dealing with surplus funds;

(

g) a method for dealing with a deficit;

(

h) a method for sharing the debts and other liabilities of the board;

(

i) a method for the parties to the agreement to pay funds to the board;

(

j) a method for acquiring and disposing of property;

(

k) a method for selecting a chair of the board;

(

l) a provision establishing a quorum for meetings of the board;

(

m) a statement of the commencement date for the provision of police services

under the agreement;

(

n) provisions to protect existing pensions and other rights and benefits of

persons who are members or employees of police departments of the

municipalities that are parties to the agreement and who will become

members or employees of the police department established under the

agreement;

(

o) provisions for administration and bookkeeping;

(

p) any provisions required by the Minister in addition to those referred to in

clauses (

a) to (o).

Membership of joint board or board of amalgamated municipality

81 A board established under an agreement referred to in

Section 80 must consist of

(a) 1 or more members representing each municipality that is a party to the

agreement, appointed by council, at least one of whom must be a mayor or a

councillor and all of whom must ordinarily reside in the municipality;

(b) 1 or more persons ordinarily residing in each municipality that is a party to

the agreement, appointed by the Minister; and

(

c) the chief officer of the police department of each municipality that is a party

to the agreement, who is a board member by virtue of their office and who

does not have voting privileges.

Advisory Boards

Advisory board member selection process

(1) The selection process used by a council in appointing an advisory board member to

a vacancy on the advisory board, except an advisory board member appointed by

the Minister under clause 57(3)(

c) of the Act, must include all of the following:

(

a) the advisory board vacancy must be advertised and applications must be

solicited for the vacancy;

(

b) an applicant must be required to go through a screening process, including

an interview, conducted by a panel established by the council;

(

c) each applicant must be notified of the outcome of the selection process.

(2) In the process of selecting an advisory board member, the council must consider

each candidate’s education and work experience.

Advisory board member qualifications

(1) To be a candidate for appointment as an advisory board member under

Section 82,

a person must demonstrate all of the following qualifications to the satisfaction of

the council:

(

a) residence in the municipality served by the board, or considerable interest in

serving on the advisory board;

(

b) considerable knowledge of community issues and an understanding of

policing values and governance;

(

c) a good character;

(

d) willingness to make the commitment of time and effort required to carry out

advisory board responsibilities.

(2) To be a candidate for appointment as an advisory board member under

Section 82,

a person must consent to criminal and background checks.

(3) A person must not be appointed as an advisory board member if criminal and

background checks show that the person has been convicted of any criminal

offence or has been or is the subject of a disciplinary proceeding in any jurisdiction

that, in the opinion of the council, would reasonably be expected to have a negative

impact on their acting as an advisory board member or on the advisory board

generally.

Code of conduct for advisory board members

(1) An advisory board member must do all of the following:

(

a) uphold the letter and spirit of the code of conduct set out in this

Section and

discharge their duties in a manner that will inspire public confidence in the

abilities and integrity of the advisory board;

(

b) unless they have a reasonable excuse, attend every advisory board meeting;

(

c) not interfere with the police department’s operational decisions and

responsibilities or with the day-to-day operation of the police department,

including the recruitment and promotion of officers;

(

d) keep confidential any information disclosed or discussed at an advisory

board meeting;

(

e) not claim to speak on behalf of the advisory board unless authorized by the

chair of the advisory board to do so;

(

f) if publicly disagreeing with a decision of the advisory board, make it clear

that they are expressing a personal opinion;

(

g) discharge their duties loyally, faithfully, impartially and according to the

Act, any other Act and any regulation, rule or by-law;

(

h) discharge their duties in a manner that respects the dignity of individuals

and is in accordance with the Human Rights Act and the [ Canadian ]

Charter of Rights and Freedoms (Canada) ;

(

i) not use their position inappropriately to advance their interests or the

interests of any person or organization with whom or with which they are

associated;

(

j) immediately resign from the advisory board if applying for employment

with a police department, including employment on contract or on fee for

service;

(

k) refrain from engaging in professional or personal conduct that could

discredit or compromise the integrity of the advisory board or the police

department;

(

l) if their conduct or performance is the subject of investigation or inquiry,

temporarily withdraw from all advisory board activities and duties as a

member of the advisory board until the completion of the investigation or

inquiry.

(2) If the chair or the majority of the advisory board determines that an advisory board

member has breached the code of conduct for advisory board members, the

advisory board must record that determination in its minutes.

(3) On determining that an advisory board member has breached the code of conduct

for advisory board members, the advisory board may take one or more of the

following actions:

(

a) issue a reprimand to the advisory board member;

(

b) order a period of suspension for the advisory board member;

(

c) recommend to the Minister or the council that the [advisory] board member

be dismissed under subsection 57(7) of the Act.

________________________________________________________________

Form 1—Oath of Office for Member of Police Department

Section 16 of the Police Regulations

I, ___________________ , do solemnly ( select one ) swear/affirm that I will well and truly serve

our Sovereign Lady the Queen and her heirs and successors according to law, as a member of

the ___________________ Police Department without favour, affection, malice or ill will and

that I will, to the best of my power, cause the peace to be kept and preserved, and will prevent

all offences against the persons and properties of Her Majesty’s subjects; and that I will not,

except in the discharge of my duties, disclose to any person any matter or evidence which may

come to my notice through my employment; and that while I continue to hold office 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 by-law, ( select one ) so help me God/I so affirm.

Sworn to/Affirmed at

in the County of

Province of Nova Scotia, on

________________, 20___,

before me,

____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

) ____________________________

________________________________________________________________

Form 2—Oath of Office for Special Constable or By-law Enforcement Officer

Section 17 of the Police Regulations

I, __________________, do solemnly ( select one ) swear/affirm that I will well and truly serve

our Sovereign Lady the Queen and her heirs and successors according to law, as a ( select one )

special constable/by-law enforcement officer appointed under the Police Act , without favour,

affection, malice or ill will, and that I will, to the best of my judgment, skill, knowledge, and

ability, carry out, discharge and perform the duties assigned to me faithfully according to law

and that I will not, except in the discharge of my duties, disclose to any person any matter or

evidence which may come to my notice through my employment, ( select one ) so help me God/I

so affirm.

Sworn to/Affirmed at

in the County of

Province of Nova Scotia, on

________________, 20___,

before me,

____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

) ____________________________

________________________________________________________________

Form 2A—Oath of Office for Special Constables and By-law Enforcement Officers

appointed under subsections 88(1) and 89(1) of the Police Act

Section 17A of the Police Regulations

I, __________________, do solemnly (select one) swear/affirm that I will well and truly serve

our Sovereign Lady the Queen and her heirs and successors according to law, as a (select one)

special constable/by-law enforcement officer appointed under the Police Act , without favour,

affection, malice or ill will, and that I will, to the best of my judgment, skill, knowledge, and

ability, carry out, discharge and perform the duties assigned to me faithfully according to law

and that I will not, except in the discharge of my duties, disclose to any person any matter or

evidence which may come to my notice through my employment, ( select one ) so help me God/I

so affirm.

Sworn to/Affirmed at _________________

in the County of _____________________

Province of Nova Scotia, on

________________, 20___,

before me,

_______________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

) _______________________________

________________________________________________________________

Form 3 - Oath of Office for Auxiliary Police Officer

Section 18 of the Police Regulations

I, __________________________ do solemnly ( select one ) swear/affirm that I will faithfully,

diligently and impartially execute and perform the duties required of me as an auxiliary police

officer in and for the ( insert name of municipality ) _______________________________, and will

well and truly obey and perform all lawful orders and instructions that I receive as an auxiliary

police officer, without fear, favour and affection of or toward any person, ( select one ) so help me

God/I so affirm.

Sworn to/Affirmed at

in the County of

Province of Nova Scotia, on

________________, 20___,

before me,

____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

) ____________________________

________________________________________________________________

Form 4 - Oath of Office for Member of Nova Scotia Police Review Board, Municipal

Board of Police Commissioners or Police Advisory Board

Section 73 of the Police Regulations

I, ________________, of ________________, in the County of ________________ ( select one )

swear/affirm that I will faithfully, diligently and impartially execute and perform the duties

required of me as a member of the ( select one ) Nova Scotia Police Review Board/ ( insert name of

municipal board ) ______________________ / ( insert name of municipal police advisory board )

__________________________, and while I continue to hold office 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 by-law, and will not, except in the discharge of my duties, disclose to any person any

matter or evidence brought before the ( select one ) Nova Scotia Police Review Board/ ( insert name

of municipal board ) __________________________/ ( insert name of municipal police advisory board )

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

Sworn to/Affirmed at

in the County of

Province of Nova Scotia, on

________________, 20___,

before me,

____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

) ____________________________

Legislative History

Reference Tables

Police Regulations

N.S. Reg. 230/2005

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 Police 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

230/2005

Jan 1, 2005

date specified

Jan 6, 2006

14/2009

Jan 28, 2009

date specified

Feb 13, 2009

186/2009

Apr 7, 2009

date specified

April 24, 2009

90/2012

Apr 18, 2012

date specified

May 4, 2012

11/2020

Jan 15, 2021

date specified

Feb 14, 2020

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(

e) defn. of “by-law enforcement officer”.............................................

am. 14/2009

2(

v) defn. of “special constable”......

am. 14/2009

17(A)................................................

ad. 14/2009

29......................................................

rs. 11/2020

39(1)-(2)...........................................

rep. 186/2009

69......................................................

ra. as 69(1)

69(2).................................................

added

70(1A)..............................................

added

Forms

Form 2A...........................................

ad. 14/2009

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.