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Serious Incident Response Team Regulations

made under subsection 97(1) of the

Police Act

S.N.S. 2004, c. 31

O.I.C. 2012-120 (April 18, 2012, effective April 20, 2012), N.S. Reg. 89/2012


Citation

1     These regulations may be cited as the Serious Incident Response Team Regulations.


Definitions

2     (1)    In these regulations,

 

“Act” means the Police Act;

 

“chief officer” means a chief officer as defined in clause 2(c) of the Act, and in the context of an investigation means the chief officer of the agency that employs the police officer or officers who are involved in the serious incident that is being investigated;

 

“investigation” means investigation of a serious incident in accordance with clause 26I(3)(a), (b) or (d) of the Act;

 

“person in charge of the investigation” means

 

                         (i)     the Director or a person acting under the authority of the Director, in an investigation undertaken by the Team under clause 26I(3)(a) of the Act, or

 

                         (ii)    the officer in charge of the investigation, in an investigation conducted by

 

                                  (A)   an agency, under clause 26I(3)(b) of the Act, or

 

                                  (B)   an independent team or agency from another province, under clause 26I(3)(d) of the Act;

 

“subject police officer” means a police officer who is the subject of an investigation, or whose actions may have resulted in a serious incident;

 

“Team” means the Serious Incident Response Team;

 

“witness police officer” means a police officer who is a witness to or has material information relating to the events of a serious incident.

 

       (2)    In Sections 26A to 26N of the Act and in these regulations, “police officer” means a member of the Provincial Police, the Royal Canadian Mounted Police, a municipal police department or another police department providing policing services in the Province, and includes a special constable while employed by an agency and working in a lock-up facility.


Communication from public

3     For the purposes of subsection 26I(3) of the Act, the Director may become aware of a serious incident by receiving a communication from a member of the public in the form required by the Director.


Securing scene of serious incident

4     As soon as a chief officer becomes aware that an investigation is to be undertaken, and until the Team or the investigating agency takes charge of the scene of the incident, the chief officer must ensure that the chief officer’s agency secures the scene in a manner consistent with the policies and usual practice of that agency.


Segregating police officers during investigation

5     (1)    As soon as a chief officer becomes aware that an investigation is to be undertaken, the chief officer, unless otherwise directed by the person in charge of the investigation, must ensure, to the extent that it is practicable, that all the police officers involved in the serious incident are segregated from each other until the Team or the investigating agency has finished interviewing all of the witness police officers.

 

       (2)    Unless otherwise directed by the person in charge of the investigation, a police officer who is segregated under subsection (1) must not communicate about the details of the serious incident with any other police officer who was involved in the incident until after the Team or the investigating agency has finished interviewing all of the witness police officers.


Police officer’s notes

6     (1)    Each police officer who is involved in a serious incident must complete their police officer’s notes about the serious incident in accordance with the procedures of their agency.

 

       (2)    Before requesting a police officer’s notes, the person in charge of the investigation must advise the chief officer and the officer in writing of the officer’s status as a subject police officer or witness police officer, as applicable.

 

       (3)    Except as provided in subsection (4), a witness police officer must provide their police officer’s notes to the person in charge of the investigation, with a copy to the chief officer, no later than 48 hours after the person in charge of the investigation requests the notes.

 

       (4)    If, in the opinion of the person in charge of the investigation, allowing up to 48 hours for a witness police officer’s notes to be provided would cause an unreasonable delay that may jeopardize the investigation, the person in charge of the investigation may require the witness police officer’s notes to be provided within a shorter time period.

 

       (5)    A subject police officer is not required to provide their police officer’s notes to the Team or investigating agency, and no other person may provide the subject police officer’s notes to the Team or investigating agency without the express permission of the subject police officer.


Interviewing police officers

7     (1)    Before requesting or directing a police officer to attend at an interview as part of an investigation, the person in charge of the investigation must advise the chief officer and the police officer in writing of the police officer’s status as a subject police officer or witness police officer, as applicable.

 

       (2)    The person in charge of the investigation may direct that a witness police officer attend at an interview and answer questions at a specified place and at a specified time that, except as provided in subsection (3), is at least 48 hours after the serious incident occurred.

 

       (3)    If, in the opinion of the person in charge of the investigation, waiting 48 hours before conducting an interview with a witness police officer would cause an unreasonable delay that may jeopardize the investigation, the person in charge of the investigation may specify an earlier time for the interview.

 

       (4)    Except as provided in subsection (5), each police officer requested or directed to attend at an interview must be given a reasonable opportunity to consult with legal counsel before the interview, and the person in charge of the investigation must advise the police officer of that opportunity.

 

       (5)    Subsection (4) does not apply to a witness police officer if, in the opinion of the person in charge of the investigation, waiting for an opportunity for the witness police officer to consult with legal counsel before an interview would cause an unreasonable delay that may jeopardize the investigation.

 

       (6)    If practicable, an interview with a police officer must be recorded by audio or video recording.


Change of status of police officer as subject or witness

8     (1)    If, at any time after advising that a police officer is considered to be a subject police officer, the person in charge of the investigation decides that the police officer’s status is changed to that of a witness police officer, the person in charge of the investigation must advise the chief officer and the police officer in writing of the change of status.

 

       (2)    If, after conducting an interview with or obtaining police officer’s notes from a police officer who was considered to be a witness police officer when the interview was directed or the police officer’s notes requested, the person in charge of the investigation decides that the officer is now considered to be a subject police officer, the person in charge of the investigation must do all of the following:

 

                (a)    advise the chief officer and the police officer in writing of the change of status;

 

                (b)    give the police officer the original and all copies of the record of any interview with the police officer that was requested when the police officer was considered to be a witness police officer;

 

                (c)    give the chief officer the original and all copies of the police officer’s notes about the serious incident.


Summary of investigation

9     (1)    Subsections (2) to (5) apply to both of the following:

 

                (a)    a summary of an investigation that is provided to the Minister and to the agency in which the subject police officer is or was employed, as required by subsection 26M(1) of the Act;

 

                (b)    a summary of an investigation that is made available to the public, as required by subsection 26M(3) of the Act.

 

(2)    A summary must include all of the following:

 

(a)    a summary of facts;

 

(b)    the time frame of the investigation;

 

                (c)    a statement of the number of civilian witnesses and witness police officers interviewed;

 

(d)    a statement of the relevant legal issues;

 

(e)    the decision whether a charge will be laid.

 

       (3)    A summary may include the names of the subject police officers and witness police officers involved in the investigation.

 

       (4)    If it is decided that no charge will be laid, a summary may include reasons for that decision.

 

       (5)    If a charge is laid, the Director may provide a supplemental summary at the conclusion of the prosecution, setting out reasons why the charge was laid.

 

       (6)    The summary to be made available to the public must be the same as the summary provided to the Minister and the agency, and must be made available to the public no later than 2 days after it is provided to the Minister and the agency.


Annual report to Minister

10   In addition to the matters set out in Section 26N of the Act, the annual report to the Minister on the operations of the Team must include a comparison between the number of matters referred to the Director in the year and the number of investigations started and concluded in the year.


Oath of office for Director and investigators

11   The Director and each person appointed as an investigator for the purpose of the Team must take the following oath or affirmation before a commissioner of oaths:

 

I, (name of investigator), do (select one) solemnly swear/affirm that I will faithfully, diligently and impartially execute and perform the duties required of me as a member of the Serious Incident Response Team and that I will, to the best of my judgement, skill, knowledge, and ability, carry out, discharge and perform all the duties of my office faithfully, impartially and according to the Police Act or any other Act and any regulation, rule or bylaw, and will not, except in the discharge of my duties, disclose to any person any matter or evidence that may come to my notice through my employment, (select one) so help me God/I so affirm.