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Designation of Persons Who May Access Records

made under paragraph 119(1)(r) of the

Youth Criminal Justice Act (Canada)

S.C. 2002, c. 1

O.I.C. 2004-134 (March 25, 2004, effective April 1, 2004), N.S. Reg. 40/2004

as amended by O.I.C. 2005-44 (February 4, 2005), N.S. Reg. 12/2005

O.I.C. 2004-409 (October 28, 2004), N.S. Reg. 217/2004

O.I.C. 2005-51 (February 11, 2005), N.S. Reg. 15/2005

O.I.C. 2005-259 (June 29, 2005), N.S. Reg. 135/2005

as amended by O.I.C. 2005-563 (December 15, 2005), N.S. Reg. 228/2005

O.I.C. 2007-472 (August 31, 2007), N.S. Reg. 375/2007

O.I.C. 2007-523 (September 28, 2007), N.S. Reg. 396/2007

O.I.C. 2008-97(March 11, 2008), N.S. Reg. 103/2008

O.I.C. 2008-636 (December 9, 2008), N.S. Reg. 441/2008

O.I.C. 2009-182 (April 14, 2009), N.S. Reg. 191/2009

O.I.C. 2014-200 (May 27, 2014), N.S. Reg. 76/2014

O.I.C. 2016-187 (August 2, 2016), N.S. Reg. 153/2016


O.I.C. 2004-134, N.S. Reg. 40/2004

The Governor in Council on the report and recommendation of the Minister of Justice dated March 17, 2004, and pursuant to Section 119 of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, is pleased to designate employees, contractors and agents of the Youth Justice Policy Section, Department of Justice (Canada), engaged for the purpose of the assessment of the Youth Criminal Justice Act (Canada) for research and statistical purposes, as a class of persons who may have access to records kept pursuant to Sections 114 to 116 of the Youth Criminal Justice Act including crown attorney, police, youth court, youth custody facilities and youth probation records, commencing April 1, 2004, to December 31, 2005.

Amended: O.I.C. 2005-44, N.S. Reg. 12/2005.


O.I.C. 2004-409, N.S. Reg. 217/2004

The following persons are designated as persons or classes of persons under paragraph 119(1)(r) of the Youth Criminal Justice Act (Canada) who shall have access to records kept pursuant to Section 114 of the Youth Criminal Justice Act (Canada) and may have access to records kept pursuant to section 115 or 116 of the Youth Criminal Justice Act (Canada):

 

                (a)    persons employed by the Department of Justice or the Office of Service Nova Scotia whose duties include the collection of money paid in fines or the collection of statistical data, for the purpose of the collection of the fines or statistical data;

[Note: The reference to the Department of Service Nova Scotia and Municipal Relations has been updated in accordance with Order in Council 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2014.]

 

                (b)    the Director of Finance, Corporate Services Unit in the Department of Justice, the Executive Director of Program Management and Corporate Services in the Office of Service Nova Scotia and the Director of Financial Services, Corporate Services Unit in the Department of Finance, for the purpose of fulfilling their duties;

[Note: The reference to the Department of Service Nova Scotia and Municipal Relations has been updated in accordance with Order in Council 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2014.]

 

                (c)    the Auditor General of Nova Scotia, for the purpose of fulfilling duties under the Auditor General Act;

 

                (d)    the Registrar of Motor Vehicles, for the purpose of recording in the Registry of Motor Vehicles the name and offence of any young person who is found guilty of a motor vehicle-related offence;

 

                (e)    insurers, at the discretion of the Registrar of Motor Vehicles and in accordance with Section 241 of the Motor Vehicle Act and limited to records held by the Registry of Motor Vehicles respecting young persons who have been found guilty of motor vehicle related offences; and

 

                (f)    persons employed by the Department of Justice in the Security Programs office, for the purposes of making inquiries and investigation under Section 6 of the Private Investigators and Private Guards Act.


O.I.C. 2005-51, N.S. Reg. 15/2005

The Mi’kmaq court workers employed in the Mi’kmaq Court Worker Program administered by the Mi’kmaq Legal Support Network are designated as persons or classes of persons under paragraph 119(1)(r) of the Youth Criminal Justice Act (Canada) who shall have access to court dockets kept pursuant to Section 114 of the Youth Criminal Justice Act (Canada) and may have access to records kept pursuant to Section 116 of the Youth Criminal Justice Act (Canada) for the purpose of providing services to youth offenders.


O.I.C. 2005-259, N.S. Reg. 135/2005

The Governor in Council is further pleased, pursuant to Section 119 of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, to designate the Commissioner and legal counsel retained by the Commissioner as persons under paragraph 119(1)(r) of the Youth Criminal Justice Act (Canada) who must, on request, have access to records kept under Section 114 of the Youth Criminal Justice Act (Canada) and may have access to records kept under Section 115 or 116 of the Youth Criminal Justice Act (Canada) for the purposes of conducting the inquiry.


The Governor in Council is further pleased, pursuant to Section 119 of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, to designate parties granted standing by the Commissioner before the inquiry and their legal counsel, under paragraph 119(1)(r) of the Youth Criminal Justice Act (Canada) as persons who must, on request, have access to records kept under Section 114 of the Youth Criminal Justice Act (Canada) that are produced to the Commissioner for the purpose of the inquiry and may have access to records kept under Section 115 or 116 of the Youth Criminal Justice Act (Canada) that are produced to the Commissioner for the purpose of the inquiry.

Paragraph added to O.I.C. 2005-259: O.I.C. 2005-563, N.S. Reg. 228/2005.


[Note: Only this portion of O.I.C. 2005-259 was filed as a regulation. The remainder of the O.I.C. appoints D. Merlin Nunn of the Supreme Court of Nova Scotia as Commissioner under the Public Inquiries Act and establishes the inquiry.]


O.I.C. 2007-472, N.S. Reg. 375/2007

        (a)    pursuant to paragraph 119(1)(r) of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, to designate the following persons as classes of persons who shall have access to a record kept under section 114 and may be given access to a record kept under sections 115 and 116 of the Youth Criminal Justice Act:

 

                (i)     employees of the Victim Services Unit of the Nova Scotia Department of Justice, for the purposes of carrying out their duties under the Victims’ Rights and Services Act,

 

                (ii)    the Director of Public Safety and government enforcement agents of the Nova Scotia Department of Justice, for the purposes of carrying out a responsibility or exercising a power under the Safer Communities and Neighbourhoods Act.


O.I.C. 2007-523, N.S. Reg. 396/2007


Schedule “A”


Persons engaged in a research project entitled Pathways to Resilience are designated as persons or classes of persons under paragraph 119(1)(r) of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, who shall have access to records kept pursuant to section 114 of the Youth Criminal Justice Act (Canada) and may have access to records kept pursuant to section 115 and 116 of the Youth Criminal Justice Act (Canada), to the extent and in the manner set out in the research agreement between the Province and Dalhousie University.


O.I.C. 2008-97, N.S. Reg. 103/2008

       (a)    pursuant to paragraph 119(1)(r) of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, to designate persons employed by Jemtec Incorporated, Omnilink Incorporated, BI Incorporated, the Salvation Army Correctional and Justice Services Division, and the Commissionaires Great Lakes Region as members of a class of persons who shall have access to a record kept under section 114 and may be given access to a record kept under sections 115 and 116 of the Youth Criminal Justice Act, for the purpose of providing electronic monitoring services of a young person under Jemtec Incorporated’s contracts with the Province;


O.I.C. 2008-636, N.S. Reg. 441/2008

The Governor in Council on the report and recommendation of the Minister of Justice dated November 14, 2008, and pursuant to paragraph 119(1)(r) of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, is pleased to designate persons engaged in a research project entitled “Gang Activity in the Halifax Regional Municipality” as persons or a class of persons who shall have access to records kept under section 114 and may have access to records kept under sections 115 and 116 of the Youth Criminal Justice Act (Canada), to the extent and in the manner set out in the research agreement between the Province of Nova Scotia and Marshall Consulting, effective on and after December 9, 2008.


O.I.C. 2009-182, N.S. Reg. 191/2009

The Governor in Council on the report and recommendation of the Minister of Justice dated March 26, 2009, and pursuant to paragraph 119(1)(r) of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, is pleased, effective on and after April 14, 2009, to designate persons engaged in the “Time to Fight Crime Together” Strategy–Youth Court Liaison Worker Pilot Project as members of a class of persons who shall have access to records kept pursuant to section 114 and may have access to records kept pursuant to sections 115 and 116 of the Youth Criminal Justice Act, to the extent and in the manner set out in the Pilot Project Agreement between the Government of Nova Scotia and the John Howard Society of Nova Scotia.


O.I.C. 2014-200, N.S. Reg. 76/2014

The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated May 1, 2014, and pursuant to paragraph 119(1)(r) of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, is pleased, effective on and after May 27, 2014, to designate researchers at Dalhousie University engaged in the Ceasefire project evaluation as members of a class of persons who shall have access to records kept pursuant to section 114 of the Youth Criminal Justice Act, and may have access to records kept pursuant to sections 115 and 116 of the Youth Criminal Justice Act, solely for the purpose and duration of the Ceasefire project.


O.I.C. 2016-187, N.S. Reg. 153/2016

The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated July 6, 2016, and pursuant to paragraph 119(1)(r) of Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, is pleased to designate researchers engaged by Mr. Fred Deveraux, Executive Director of Cape Breton Community Housing, for the research project entitled “Understanding Homelessness in the Cape Breton Regional Municipality: A Service-based Approach” (the “project”) as members of a class of persons who may have access to records kept under section 116 of the Youth Criminal Justice Act, to the extent and in the manner set out in the research agreement between the Province and Public Health Services, Nova Scotia Health Authority, with respect to the project, effective on and after August 2, 2016.