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Domestic Violence Intervention Regulations made under Section 21 of the
Domestic Violence Intervention Act
S.N.S. 2001, c. 29
O.I.C. 2003-135 (March 28, 2003, effective April 1, 2003), N.S. Reg. 75/2003
1 These regulations may be cited as the Domestic Violence Intervention Regulations.
2 (1) In these regulations
(a) "Act" means the Domestic Violence Intervention Act;
(b) "application" means an application for an emergency protection order, unless the context otherwise requires, and "applicant" has a corresponding meaning;
(c) "designated person" means a member of a class of persons designated in Section 3;
(d) "emergency protection order" means an order made by a justice pursuant to Section 6 of the Act;
(e) "justice" means a designated justice of the peace;
(f) "Law Courts" means the court located at 1815 Upper Water Street, Halifax, Nova Scotia;
(g) "peace officer" means a police officer appointed under the Police Act or the Royal Canadian Mounted Police Act (Canada);
(h) "telecommunication" means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by a wire, radio, visual or electromagnetic system and includes communication by telephone;
(i) "transition house" means a member agency of the Transition House Association of Nova Scotia.
(2) For the purposes of clause 6(1)(b) of the Act, "forthwith" means without waiting for the appropriate relief from the Provincial, Family or Supreme Court.
3 The following classes of persons are designated for the purposes of clause 7(1)(b) of the Act:
(a) peace officers;
(b) senior victim services officers, victim services officers and victim services support workers employed by the Policing and Victim Services Division of the Nova Scotia Department of Justice;
(c) victim services officers employed by a municipal police department or the Royal Canadian Mounted Police; and
(d) the executive director of a transition house or employees of the transition house designated by the executive director.
Application for an emergency protection order
4 (1) An application by a victim or by a person acting on behalf of a victim with leave of a justice may be made only between 9:00 am and 9:00 pm.
(2) An application may be made at any time by a designated person.
(3) An application must be made by telephone.
(4) A justice must record on tape an application made by telephone.
(5) Upon receipt of an application, a justice must complete an Emergency Protection Order Application Checklist in Form A.
Conduct of the hearing of an application
5 (1) A justice who
(a) is satisfied that a person is permitted to make an application pursuant to clause 7(1)(a) or (b) of the Act, or grants leave to a person to make an application pursuant to clause 7(1)(c) of the Act; and
(b) determines that the criteria in subsection 6(1) of the Act have been met
must hear and consider, in addition to the matters required by subsection 6(2) of the Act to be considered, the allegation of the applicant and, if there are witnesses, the evidence of the witnesses.
(2) The hearing of an application must be concluded within 24 hours of the application being made.
(3) Subject to subsection (2), the justice conducting the hearing may
(a) adjourn the hearing from time to time; and
(b) conduct the hearing in any manner that the justice considers appropriate and that is not inconsistent with the Act or these regulations.
Record to be made of evidence
1 (1) At the hearing of an application, a justice must
(a) take the evidence under oath or affirmation pursuant to the Evidence Act; and
(b) ensure that the evidence of each person is recorded.
(2) For the purposes of subsection (1),
(a) an oath or affirmation must be administered by telecommunication; and
(b) an inquiry pursuant to the Evidence Act must be made by telecommunication.
Inability of justice to continue
7 If a justice begins to hear an application and is unable to continue the hearing for any reason, another justice may
(a) if the evidence recorded by the previous justice pursuant to clause 6(1)(b) is available for review by the Justice, continue the application; or
(b) if the evidence recorded by the previous justice pursuant to clause 6(1)(b) is not available for review by the justice, begin hearing the application as if no evidence had been taken.
Completion and service of an emergency protection order
8 An emergency protection order must be in Form B.
9 (1) Upon making an emergency protection order, a Justice must either
(a) provide a peace officer with a copy of the order by forwarding it to the municipal police department or detachment of the Royal Canadian Mounted Police closest to the last known address of the respondent by
(i) personal delivery,
(ii) courier delivery, or
(iii) telecommunication that produces a written record; or
(b) direct the peace officer to complete a copy of the order with the same information and provisions that are contained in the original.
(2) A copy of an emergency protection order completed by a peace officer pursuant to clause (1)(b) has the same effect as the original of the order completed by the Justice.
(3) Upon receipt or completion of copies of an emergency protection order pursuant to clause (1)(a) or (b), a peace officer must
(a) provide 1 copy to the victim named in the order;
(b) serve 1 copy on the respondent named in the order; and
(c) provide 1 copy to the Prothonotary of the Law Courts together with an affidavit of service in Form C.
(4) The copy of the emergency protection order and affidavit of service referred to in clause (3)(c) must be forwarded to the Prothonotary of the Law Courts by personal delivery or courier delivery.
10 (1) If it is impracticable for any reason for a peace officer to personally serve a respondent with an emergency protection order, the peace officer may effect substituted service of the emergency protection order.
(2) Substituted service of an emergency protection order may be effected by serving it on a person who appears to be an adult who
(a) resides with the respondent;
(b) is a member of the respondent's family; or
(c) is able to bring the order to the respondent's attention.
Dispensing with service
11 (1) An application by a peace officer in accordance with subsection 10(2) of the Act for an order dispensing with service of an emergency protection order must be supported by evidence setting out the peace officer's attempts at personal service or substituted service.
(2) An order dispensing with service of an emergency protection order must be in Form D.
(3) Upon making an order dispensing with service, a justice must forward the order and documentation of the evidence referred to in subsection (1), including, if applicable, tape recordings as referred to in subsection (2), to the Prothonotary of the Law Courts.
Service of an order that has been varied
12 An emergency protection order that is varied pursuant to subsection 11(2), 11(7) or 12(1) of the Act must be served on each of the victim and respondent named in the order, unless the victim or respondent is present in court,
(a) personally by a peace officer; or
(b) if personal service on either party is impracticable for any reason, in any other manner ordered by the court.
Copy of order sufficient notice
13 A respondent is bound by the provisions in an emergency protection order as soon as he or she receives a copy of the order, whether or not it was personally served by a peace officer.
Forwarding of documentation
14 (1) Documentation forwarded by a justice to the court pursuant to subsection 11(1) of the Act must be forwarded by
(a) personal delivery;
(b) courier delivery; or
(c) telecommunication that produces a written record.
(2) If, after considering an application, a justice decides not to make an emergency protection order, the justice must forward the Emergency Protection Order Application Checklist in respect of the application and all supporting documentation, including a transcript or tape recording, to the Prothonotary of the Law Courts by any of the methods specified in subsection (1).
Time period for review by judge
15 For the purpose of subsection 11(2) of the Act, the time period within which a judge must review an emergency protection order is 7 business days following receipt of the emergency protection order and all supporting documentation.
Maintenance and destruction of tape recording
16 (1) The Prothonotary of the Law Courts must retain the tape recording of an application heard by a justice for at least 2 years following the hearing date.
(2) A tape recording maintained pursuant to subsection (1) must be destroyed at the end of the retention period in accordance with the applicable guidelines for destruction of court tape recordings.
17 (1) A summons issued pursuant to clause 11(4)(a) of the Act for a hearing before a judge must be in Form E.
(2) A summons must be served on the respondent personally by a peace officer.
(3) If the emergency protection order that is the subject of a hearing by a judge was served on the respondent by substituted service pursuant to Section 10, the summons may be served by substituted service, unless the judge orders otherwise.
(4) If the emergency protection order that is the subject of a hearing by a judge was not served on the respondent by substituted service and a peace officer is unable to personally serve the respondent before the return date of the summons, the judge may make any order regarding service that the judge considers appropriate.
(5) Service of a summons in accordance with subsection (3) or pursuant to an order made by a judge pursuant to subsection (4) is deemed to be personal service on the respondent.
Notice of hearing
18 Notice of a hearing before a judge directed pursuant to subsection 11(3) of the Act must be given to the victim in Form F.
[The forms to these regulations are not available in this format. Copies of the forms are on file with the Registry of Regulations.]