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)

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.

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:

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6 Clause 79(1)(a) of Chapter 31 is repealed and the following clause substituted:

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