BILL NO. 53
(as introduced)
1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014
Police Act
(amended)
The Honourable Lena Metlege Diab
Minister of Justice
First Reading: April 15, 2014
Second Reading: April 22, 2014
Third Reading: April 29, 2014 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 clarifies the definition of "serious incident".
(a) provides for the appointment of an interim Serious Incident Response Team Director for a one-year term if the Director is unable to act;
(b) authorizes the Director, or the Minister if the Director is unable, to designate a crown attorney as acting Director when the Director is unable to act;
(c) limits the crown attorney's term as acting Director to one month; and
(d) requires the crown attorney to be seconded to the acting Director's position.
Clause 3 allows the Minister of Justice, on the recommendation of the Director, to enter into contracts to provide Serious Incident Response Team assistance to other provinces where requested.
Clause 4 authorizes the Director to make a determination that it would be in the public interest to investigate an incident alleged to have occurred from the actions of a police officer.
Clause 5 adds members of the Serious Incident Response Team to those authorized to act under a medical examiner's direction.
An Act to Amend Chapter 31
of the Acts of 2004,
the Police Act, Respecting
the Serious Incident Response Team
Be it enacted by the Governor and Assembly as follows:
1 Clause 2(l) of Chapter 31 of the Acts of 2004, the Police Act, as enacted by Chapter 68 of the Acts of 2010, is amended by striking out "another" in the second line and substituting "any".
2 Section 26C of Chapter 31 is repealed and the following Section substituted:
(a) when the Director ceases to hold office; or
(b) if the Director is unable to act.
(2) The Director may, after consultation with the Director of Public Prosecutions, designate a crown attorney to act as an acting Director in place of the Director while the Director is absent or unable for any reason to perform the duties of his or her office and any act done by the acting Director has the same force, validity and effect as if done by the Director.
(3) Where the Director is unable to designate an acting Director, the Minister may, after consultation with the Director of Public Prosecutions, designate a crown attorney to act as an acting Director in place of the Director while the Director is absent or unable for any reason to perform the duties of his or her office and any act done by the acting Director has the same force, validity and effect as if done by the Director.
(4) An acting Director appointed pursuant to subsection (2) or (3) must be
(a) appointed for a period not exceeding one month; and
(b) seconded from the public prosecution service to the acting Director's position.
3 Section 26H of Chapter 31, as enacted by Chapter 68 of the Acts of 2010, is amended by
(a) adding "(1)" immediately after the Section number; and
(b) adding immediately after subsection (1) as numbered by clause (a) the following subsection:
5 Subsection 6(2) of Chapter 31 of the Acts of 2001, the Fatality Investigations Act, is amended by adding ", the Serious Incident Response Team" immediately after "department" in the first and second lines.
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 April 30, 2014. Send comments to legc.office@novascotia.ca.
