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Cyber-safety Protection Orders Regulations

made under Section 20 of the

Cyber-safety Act

S.N.S. 2013, c. 2

N.S. Reg. 271/2013 (July 23, 2013, effective August 6, 2013)




Table of Contents

 

Citation

Definitions

Designated persons

Content of application

Evidence required to support application

Hours for applying for protection order by telephone or telecommunication

Submitting documents by telephone or telecommunication

Identifying information of lawyer, police officer or a designated person at request of justice

Information required to assist in serving documents

Documents provided after application decided

Form and contents of protection order

Copy of protection order to police officer for service

Service of protection order

Order dispensing with service of protection order

Providing respondent with access to evidence

Forwarding documentation to Court

Time period for review by judge

Recording of application kept by Court

Summons to respondent

Service of summons

Notice of hearing

Form A: Application for a Protection Order

Form B1: Evidence in Support of Application for a Protection Order (non-minor subject)

Form B2: Evidence in Support of Application for a Protection Order (minor subject)

Form C: Protection Order

Form D: Order Dispensing with Service

Form E: Summons to Attend

Form F: Notice of Hearing



Citation

1     These regulations may be cited as the Cyber-safety Protection Orders Regulations.


Definitions

2     In these regulations,

 

“Act” means the Cyber-safety Act;

 

“designated person” means a person designated under Section 3 for the purpose of applying for a protection order on behalf of a minor;

 

“hearing” means a hearing directed by a judge under subsection 12(3) of the Act;

 

“JP Centre” means the province-wide service provided by presiding justices of the peace and court administration staff who support the service;

 

“prothonotary” means the clerk of the Court;

 

“summons” means a summons issued under clause 12(4)(a) of the Act requiring a respondent to appear before the Court for a hearing.

 

Designated persons

3     Regional education officers appointed under the Education Act are designated as persons who may apply for a protection order on behalf of a minor for the purpose of subsection 5(1) of the Act.


Content of application

4     (1)    An application for a protection order must contain all of the following information:

 

                (a)    the name of the subject;

 

                (b)    if the application is on behalf of a subject who is a minor,

 

                         (i)     the name of the applicant, and

 

                         (ii)    whether the applicant is the minor’s parent, a designated person or a police officer, as permitted by clause 5(1)(b) of the Act;

 

                (c)    as required by subsection 5(2) of the Act, the name of the respondent, who must be 1 of the following:

 

                         (i)     a person associated with an electronic device, Internet Protocol address, website, user name or account, electric- [electronic] mail address, or other unique identifier, identified in the application as being used for cyberbullying, or

 

                         (ii)    a parent of the person in subclause (i), if the person is a minor;

 

                (d)    as required by subsection 5(3) of the Act, an Internet Protocol address, website, user name or account, electric- [electronic] mail address or other unique identifier that may be used to identify the respondent if the name of the respondent is unknown and cannot easily be ascertained;

 

                (e)    the name of any lawyer representing the applicant for the purpose of the application;

 

                (f)    a statement that the applicant requests a protection order under the Act;

 

                (g)    the applicant’s consent to the submission of the application, if the application is submitted by a lawyer, police officer or designated person, as permitted by subsection 5(4) of the Act.

 

(2)   An application for a protection order may be in Form A.


Evidence required to support application

5     (1)    An application for a protection order must be supported by a sworn document or sworn testimony that establishes all of the following:

 

                (a)    that the respondent has engaged in cyberbullying of the subject, including particulars of the conduct;

 

                (b)    the applicant’s belief that the cyberbullying will continue.

 

       (2)    Oral evidence adduced to support an application for a protection order must be recorded.

 

       (3)    An application made for a new protection order under Section 15 of the Act when a protection order has expired or will expire within the next 30 days must be supported by all of the following:

 

                (a)    a copy of the protection order that has expired or will expire; and

 

                (b)    a sworn document or sworn testimony that sets out the applicant’s evidence that there is a continuing need for protection.

 

       (4)    Evidence in support of an application for a protection order may be in the following form:

 

                (a)    for an application for a subject who is not a minor, in Form B1;

 

                (b)    for an application for a subject who is a minor, in Form B2.


Hours for applying for protection order by telephone or telecommunication

6     An application for a protection order submitted by telephone or other means of telecommunication by a lawyer, police officer or designated person under clause 5(4)(b) of the Act may be submitted only between 9:00 a.m. and 9:00 p.m.


Submitting documents by telephone or telecommunication

7     A lawyer, police officer or designated person submitting an application for a protection order by telephone or other means of telecommunication under clause 5(4)(b) of the Act must

 

                (a)    provide a copy of the application and any supporting documents to the justice by facsimile transmission or by delivery in another way specified by the justice; and

 

                (b)    deliver the original copy of the application and supporting documents to a court office specified by the justice.


Identifying information of lawyer, police officer or a designated person at request of justice

8     A lawyer, police officer or designated person who submits an application for a protection order under clause 5(4)(b) of the Act must provide a justice with any identifying information the justice requests, including the name and business or employment address of the person submitting the application and any other information required to identify or contact the person.


Information required to assist in serving documents

9     A person making or submitting an application for a protection order must provide a justice, on request, with any information the person has that could assist with serving documents on the respondent.


Documents provided after application decided

10   (1)    The Court must ensure that a copy of a protection order granted by a justice is served by giving a copy of it to

 

                (a)    the subject or subject’s parent, as required by subsections 11(4) and (5) of the Act; and

 

                (b)    the applicant.

 

       (2)    A lawyer, police officer or designated person who submits an application for a protection order on behalf of an applicant must give the applicant a copy of the application as soon as practicable after the application is determined.

 

       (3)    When an applicant applies for a protection order in person, the justice must give the applicant a copy of all of the following:

 

                (a)    the application;

 

                (b)    all documents supporting the application.


Form and contents of protection order

11   (1)    A protection order must include all of the following:

 

                (a)    a statement explaining the consequences of failing to obey the order;

 

                (b)    the provisions the justice considers necessary or advisable for the protection of the subject, in accordance with Section 9 of the Act.

 

       (2)    A protection order may be in Form C.


Copy of protection order to police officer for service

12   The JP Centre must ensure that a copy of any protection order granted by a justice is given to a police officer as soon as is practicable to be served on the respondent.


Service of protection order

13   (1)    Service of a protection order on the respondent required by Section 11 of the Act must be by a police officer by 1 of the following methods:

 

                (a)    serving a copy of the order on the respondent personally,

 

                (b)    substituted service in accordance with subsection (2).

 

       (2)    If it is impracticable for any reason for a police officer to personally serve a respondent with a protection order, the police officer may serve the order by substituted service by serving it on a person who appears to be an adult and who meets 1 of the following criteria:

 

                (a)    they reside with the respondent;

 

                (b)    they are a member of the respondent’s family;

 

                (c)    they are able to bring the order to the respondent’s attention.

 

       (3)    A police officer who serves a protection order must provide proof of service to the JP Centre in a form satisfactory to the JP Centre.


Order dispensing with service of protection order

14   (1)    An application to a justice under subsection 11(3) of the Act for an order dispensing with service of a protection order must be supported by evidence setting out the police officer’s attempts at personal service or substituted service.

 

       (2)    An order dispensing with service of a protection order may be in Form D.

 

       (3)    A justice who makes an order dispensing with service of a protection order must forward the order and documentation of the evidence referred to in subsection (1), including any recordings of the evidence, to the prothonotary.


Providing respondent with access to evidence

15   The Court must provide a respondent with access to evidence that is received in support of an application involving the respondent.


Forwarding documentation to Court

16   (1)    Documentation required to be forwarded by a justice to the Court under subsection 10(2) of the Act must be forwarded by 1 of the following methods:

 

                (a)    personal delivery;

 

                (b)    courier delivery;

 

                (c)    telecommunication that produces a written record.

 

       (2)    A justice who does not make a protection order on application for a protection order must forward the application together with all supporting documentation, including any transcripts or recordings, to the prothonotary by the methods specified in subsection (1).


Time period for review by judge

17   The time period within which a judge is required to review a protection order under subsection 12(2) of the Act after the protection order and all supporting documentation is received by the Court, is 7 business days.


Recording of application kept by Court

18   The prothonotary must retain the recording of a submission of an application made by telephone or other means of telecommunication for at least 2 years after the date of the recording.


Summons to respondent

19   (1)    A summons issued under clause 12(4)(a) of the Act requiring a respondent to appear before the court for a hearing must contain all of the following:

 

                (a)    a statement that the respondent is required to attend the Supreme Court of Nova Scotia to review the protection order;

 

                (b)    a statement that the Court may confirm, terminate or vary the protection order, in accordance with subsection 12(7) of the Act;

 

                (c)    a statement that if the respondent fails to attend the hearing, the protection order may be confirmed in the respondent’s absence, in accordance with subsection 12(6) of the Act.

 

       (2)    A summons may be in Form E.


Service of summons

20   (1)    Service of a summons by a police officer who receives a summons from the Court must be by 1 of the following methods:

 

                (a)    serving a copy of the summons on the respondent personally;

 

                (b)    subject to subsection (2), substituted service in accordance with subsection 13(2);

 

                (c)    service in accordance with an order issued under subsection (3).

 

       (2)    Unless a judge orders otherwise, a summons may be served by substituted service only if the protection order that is the subject of the hearing was served on the respondent by substituted service.

 

       (3)    A judge may make any order regarding service of a summons that the judge considers appropriate if a peace officer is unable to personally serve the respondent before the return date of the summons.

 

       (4)    A police officer who serves a summons must provide proof of service to the Court in a form satisfactory to the Court.


Notice of hearing

21   (1)    Notice of a hearing must contain all of the following:

 

                (a)    when the hearing will be held by the Supreme Court of Nova Scotia to review the protection order;

 

                (b)    a statement that the court may confirm, terminate or vary the protection order, in accordance with subsection 12(7) of the Act;

 

                (c)    a statement that the subject, or the parent of a subject who is a minor, is entitled to attend and may fully participate in the hearing personally or by counsel, in accordance with subsection 12(4) of the Act.

 

       (2)    A notice of hearing may be in Form F.


Form A: Application for a Protection Order

(Cyber-safety Act, S.N.S. 2013, c. 2)



Applicant

I, ______________________________________ (name of applicant) am requesting a protection order under the Cyber-safety Act, against the Respondent.

 

[  ] I am 19 years of age and am seeking this order for myself

OR

[  ] I am completing this application on behalf of a the following minor:

(name of minor)

(date of birth)

      and I am    [  ]       the minor’s parent

                        [  ]       a police officer

                        [  ]       a person designated by the regulations (specify):                                  


Identifying information about Respondent:

The Respondent’s name is                                                                                                         

(If the Respondent is a minor, the parent of the minor may be named here.)


The Respondent’s address is                                                                                                     


Other unique identifying information, such as Internet Protocol address, website, username or account, or e-mail address:  



Information about lawyer:

If you have a lawyer representing you for the purpose of this application, give the lawyer’s name here:                                                                                                                                 



Consent to application:

A lawyer, police officer or a person designated in the regulations may submit this application on your behalf. If someone is submitting this application on your behalf, you must consent to this here.

 

[  ] I consent to this application being submitted on my behalf by                                            

(name of lawyer, police officer or person designated in the regulations)

of (address)



Signature:


Signature of Applicant

 


Date


Print name of Applicant

 

 



Form B1: Evidence in Support of Application for a Protection Order

(non-minor subject)

(Cyber-safety Act, S.N.S. 2013, c. 2)


This form is to be used to support an application for a subject who is not a minor.


Information about Applicant (person who is cyberbullied and applying for order):

Name:

Address:

I am 19 years old or older: [  ] yes   [  ] no

(If you are not 19 years old, you cannot complete this form and must have a parent, police officer or person designated in the regulations apply for a protection order on your behalf. The person may use Form B2 instead of this form.)


Information about Respondent (person who is cyberbullying):

Name:

Address:

Other identifying information:


Definition of cyberbullying:


What is cyberbullying?


Cyberbullying is defined in the Cyber-safety Act as follows:

 

“cyberbullying” means any electronic communication through the use of technology including, without limiting the generality of the foregoing, computers, other electronic devices, social networks, text messaging, instant messaging, websites and electronic mail, typically repeated or with continuing effect, that is intended or ought reasonably be expected to cause fear, intimidation, humiliation, distress or other damage or harm to another person’s health, emotional well-being, self-esteem or reputation, and includes assisting or encouraging such communication in any way.


Evidence:

(Please answer all of the following questions):

 

1.   Describe the most recent time you experienced cyberbullying by the Respondent:


 

2.   What date(s) did this happen?                                           (day/month/year)


 

3.   What kind of electronic communication was used for the cyberbullying? (include a description of the electronic device, Internet Protocol address, website, user name or account, e-mail address, or other unique identifier)



 

4.   What are your concerns about the Respondent’s electronic communication using technology such as electronic devices, social network, text messaging, instant messaging, websites, e-mail?

 

5.   Have you suffered any damage or harm because of the Respondent’s use of electronic communication?
[  ] yes [  ] no

 

If yes, describe the damage or harm:



 

6.   Describe any times in the past that you experienced cyberbullying by the Respondent, and when these incidents occurred:



 

7.   I believe that the Respondent has cyberbullied me because: (state your reasons)



 

8.   I believe that the Respondent will cyberbully me in the future because: (state your reasons)


Oath or affirmation

I swear/affirm that the information contained in this statement is true and accurate to the best of my knowledge.


I make this statement conscientiously and in good faith, in support of my application for a protection order for myself against the respondent. I understand that it is an offence to knowingly make a false statement under oath.




Sworn/affirmed before me at the of

                     , in the Province of Nova Scotia, _______________, 20_____

)

)

)

 

 

)

 


Signature

)

)


Applicant signature





Form B2: Evidence in Support of Application for a Protection Order

(minor subject)

(Cyber-safety Act, S.N.S. 2013, c. 2)


This form is to be used to support an application for a subject who is a minor.


Information about Applicant (person applying on behalf of minor):

Name:

Address:


I am completing this application on behalf of a minor and I am

 

            [  ] the minor’s parent

            [  ] a police officer

            [  ] a person designated by the regulations (specify):                                                    


Information about Subject (minor who was cyberbullied):

Name:

Date of birth:

(If the subject is 19 years old or older, you cannot complete this form and the subject must apply on their own behalf. The subject may use Form B1 instead of this form.)


Information about Respondent (person who is cyberbullying):

Name:

Address:

Other identifying information:


Definition of cyberbullying:


What is cyberbullying?


Cyberbullying is defined in the Cyber-safety Act as follows:

 

“cyberbullying” means any electronic communication through the use of technology including, without limiting the generality of the foregoing, computers, other electronic devices, social networks, text messaging, instant messaging, websites and electronic mail, typically repeated or with continuing effect, that is intended or ought reasonably be expected to cause fear, intimidation, humiliation, distress or other damage or harm to another person’s health, emotional well-being, self-esteem or reputation, and includes assisting or encouraging such communication in any way.


Evidence:

(Please answer all of the following questions):

 

1.   Describe the most recent time the Subject experienced cyberbullying by the Respondent:



 

2.   What date(s) did this happen?                                           (day/month/year)



 

3.   What kind of electronic communication was used for the cyberbullying? (include a description of the electronic device, Internet Protocol address, website, user name or account, e-mail address, or other unique identifier)



 

4.   What are your, or the Subject’s, concerns about the Respondent’s electronic communication using technology such as electronic devices, social network, text messaging, instant messaging, websites, e-mail?



 

5.   Has the Subject suffered any damage or harm because of the Respondent’s use of electronic communication?
[  ] yes [  ] no

 

If yes, describe the damage or harm:



 

6.   Describe any times in the past that the Subject experienced cyberbullying by the Respondent, and when these incidents occurred:



 

7.   I believe that the Respondent has cyberbullied the Subject because: (state your reasons)



 

8.   I believe that the Respondent will cyberbully the Subject in the future because: (state your reasons)




Contrary interests

[ ] I swear/affirm that I have no interests that are contrary to those of the Subject.



Oath or affirmation

I swear/affirm that the information contained in this statement is true and accurate to the best of my knowledge.


I make this statement conscientiously and in good faith, in support of the application for a protection order for the Subject against the Respondent. I understand that it is an offence to knowingly make a false statement under oath.



Sworn/affirmed before me at the of

                     , in the Province of Nova Scotia, _______________, 20_____

)

)

)

 

 

)

 


Signature

)

)


Applicant signature


 ________________________________________________________________ 

Form C: Protection Order

(Cyber-safety Act, S.N.S. 2013, c. 2)


PO No.


RE:

(Name of Subject)


- and -

 

(Name of Applicant)


- and -

 

(Name of Respondent)


 

(Full and complete address of residence of Respondent and any other identifying information)



This order was made by a Justice pursuant to the Cyber-safety Act of Nova Scotia.


To the Respondent:

You must obey the provisions of this order. Failure to obey this order is an offence under the Cyber-safety Act with punishment, on conviction, of up to 6 months imprisonment.


You may wish to contact a lawyer for advice about what your rights are and what you are required to do respecting this order.


Ordered provisions:

Having heard the evidence, I find that the Subject is in need of a protection order pursuant to Section 8 of Chapter 3 of the Acts of 2013, the Cyber-safety Act.


I order that:

[  ] 1.   The Respondent is prohibited from engaging in cyberbullying of the Subject.

 

[  ] 2.   The Respondent is restricted (or prohibited) from directly or indirectly communicating with the Subject.

 

[  ] 3.   The Respondent is restricted (or prohibited) from, directly or indirectly, communicating about the Subject.

 

[  ] 4.   The Respondent is restricted (or prohibited) from using the following means of electronic communication:



 

[  ] 5.   The following electronic device(s) capable of connecting to an Internet Protocol address associated with the Respondent cyberbullying is/are confiscated for the following period(s) of time: (specify each device and corresponding time period (or permanently))



 

[  ] 6.   The Respondent must discontinue receiving services from the following Internet service provider(s): (provide details)



 

[  ] 7.   (specify any other provision considered necessary or advisable for the protection of the Subject)




This order is effective immediately and remains in force until _________________, 20____.

(Period not to exceed 1 year.)




Dated at ______________________, Nova Scotia, on ______________________, 20____.




_______________________

Signature of Justice


 ________________________________________________________________

Form D: Order Dispensing with Service

(subsection 11(3), Cyber-safety Act, S.N.S. 2013, c. 2)


RE:

(Name of Subject)

- and -

 

(Name of Applicant)

- and -

 

(Name of Respondent)

 

 

(Full and complete address of residence of Respondent and any other identifying information)


An application has been made under subsection 11(3) of the Cyber-safety Act to dispense with service of the protection order issued against the Respondent by a justice on _________________, 20____.


After hearing evidence from ______________________________________________,

I order that service on the Respondent is dispensed with and, in accordance with subsection 11(3) of the Act, the Respondent is deemed to be issued with and have notice of the protection order.


Dated at ______________________, Nova Scotia, on ______________________, 20____.



_______________________

Signature of prothonotary


 ________________________________________________________________ 

Form E: Summons to Attend

(Cyber-safety Act, S.N.S. 2013, c. 2)


 

20____                                                                                                            No.                     


Supreme Court of Nova Scotia


Between:

 

Applicant

- and -

 

                                    Respondent 

 

To:      The Respondent


Summons to Attend


You are required to attend a hearing before the Supreme Court of Nova Scotia to be held on ______, 20____, at ____________________________________________________________
to review the protection order against you granted by the Justice on ______________, 20____.


At the hearing, the judge may confirm, terminate or vary the protection order.


If you do not attend this hearing, the protection order may be confirmed in your absence.



Dated at ______________________, Nova Scotia, on ______________________, 20____.



_______________________

Signature of prothonotary


 ________________________________________________________________ 

Form F: Notice of Hearing

(Cyber-safety Act, S.N.S. 2013, c. 2)

 

20____                                                                                                            No.                     



Supreme Court of Nova Scotia


Between:

 

                                    Applicant 

- and -


 

Respondent


 

To:                                                      (name of Subject of protection order or parent of Subject, if minor)



Notice of Hearing


A hearing before the Supreme Court of Nova Scotia will be held on ______________, 20____,
at___________________________________________________________________________ to review the protection order granted for you by the Justice on ______________, 20____.


At the hearing, the judge may confirm, terminate or vary the protection order.


You are entitled to attend the hearing and may fully participate in the hearing personally or by counsel.



Dated at ______________________, Nova Scotia, on ______________________, 20____.



____________________________

Signature of prothonotary