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BILL NO. 158

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Private Member's Bill

 

Police Act
(amended)

 

Claudia Chender
Dartmouth South



First Reading: September 25, 2019

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill creates a one-year limitation period for bringing a complaint against a police department or a member of a municipal police department, thereby extending the six-month limitation period provided for under the Police Regulations.

An Act to Amend Chapter 31
of the Acts of 2004,
the Police Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 31 of the Acts of 2004, the Police Act, is amended by adding immediately after Section 73 the following Section:

    73A (1) A complaint under Section 71 or 73 may not be brought after one year from

    (a) the day on which the act or omission on which the complaint is based occurred; or

    (b) the day on which the occurrence that gave rise to the complaint is discovered.

    (2) The occurrence that gave rise to the complaint is discovered on the day on which the complainant first knew or ought reasonably to have known

    (a) that the act or omission that gave rise to the complaint had occurred; and

    (b) that the act or omission was that of a police department or a member of a municipal police department.

    (3) For the purpose of clause (1)(a), the day an act or omission on which a complaint is based occurred is

    (a) in the case of a continuous act or omission, the day on which the act or omission ceases; and

    (b) in the case of a series of acts or omissions concerning the same obligation, the day on which the last act or omission in the series occurs.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created September 25, 2019. Send comments to legc.office@novascotia.ca.