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Police Act (amended)

BILL NO. 17

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Government Bill



Police Act
(amended)



The Honourable Lena Metlege Diab
Minister of Justice



First Reading: October 3, 2014

(Explanatory Notes)

Second Reading: October 7, 2014

Third Reading: October 30, 2014 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 removes the mandatory requirement that the Nova Scotia Police Complaints Commissioner conduct an investigation when attempting to resolve a complaint.

Clause 2 requires the Chair or one of the two co-chairs of the Review Board to hold a law degree.

Clause 3 directs the filing of an annual report by the Complaints Commissioner rather than by the Review Board.

Clause 4 authorizes the Complaints Commissioner rather than the Review Board to publish statistics showing the nature and resolution of complaints.

Clause 5

(a) dispenses with the requirement that the Complaints Commissioner forward an unresolved complaint that is without merit or an abuse of process to the Review Board; and

(b) authorizes the Complaints Commissioner rather than the Review Board to publish statistics of complaints satisfactorily resolved by the Complaints Commissioner.

Clause 6 explicitly authorizes the Review Board to determine questions of fact and law.

Clause 7 requires the filing of the notice of review with the Complaints Commissioner rather than with the Review Board.

An Act to Amend Chapter 31
of the Acts of 2004,
the Police Act, Respecting Complaints
and the Nova Scotia Police Review Board

Be it enacted by the Governor and Assembly as follows:

1 Clause 12(1)(a) of Chapter 31 of the Acts of 2004, the Police Act, is amended by striking out "investigate and" in the first line.

2 Section 13 of Chapter 31 is amended by adding immediately after subsection (4) the following subsection:

(5) The Chair or a co-chair of the Review Board, as the case may be, must hold a bachelor's degree in law or a degree that the Governor in Council determines to be equivalent.

3 Section 26 of Chapter 31 is amended by striking out "Review Board" in the first line and substituting "Complaints Commissioner".

4 Subsection 72(1) of Chapter 31 is amended by striking out "Review Board" wherever it appears and substituting in each case "Complaints Commissioner".

5 (1) Subsection 74(4) of Chapter 31 is amended by striking out "or vexatious" in the fourth line and substituting ", vexatious, without merit or an abuse of process,".

(2) Subsection 74(5) of Chapter 31 is amended by striking out "Review Board" the second time it appears in the third line and substituting "Complaints Commissioner".

6 Clause 79(1)(a) of Chapter 31 is repealed and the following clause substituted:

(a) determine all questions of fact and law;

7 Section 81 of Chapter 31 is amended by striking out "Review Board" in the last line and substituting "Complaints Commissioner".

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created November 5, 2014. Send comments to legc.office@novascotia.ca.