Nova Scotia Published by Authority PART 1 VOLUME 218, NO. 2 HALIFAX, NOVA SCOTIA, WEDNESDAY, JANUARY 14, 2009 A certified copy of an Order in Council PROVINCE OF NOVA SCOTIA dated January 13, 2009 DEPARTMENT OF JUSTICE 2009-18 The Minister of Justice and Attorney General, Cecil P. Clarke, under the authority vested in him by clause The Governor in Council is pleased to appoint, 2(b) of Chapter 23 of the Acts of 1996, the Court and confirm and ratify the actions of the following Administrative Reform Act, Order in Council 2004-84, Ministers: the Assignment of Authority Regulations, and Sections To be Acting Minister of Service Nova Scotia and 6 and 7 of Chapter 312 of the Revised Statutes of Nova Municipal Relations and Acting Chair of Treasury Scotia, 1989, the Notaries and Commissioners Act, is and Policy Board from Friday, January 2, 2009 until hereby pleased to advise of the following: Sunday, January 4, 2009, inclusive: the Honourable To be revoked as Commissioners pursuant to the Len Goucher; Notaries and Commissioners Act: To be Acting Minister of Energy and to be Catherine Currell of Dartmouth, in the Halifax responsible for any and all other duties assigned to Regional Municipality (no longer employed with that Minister from Friday, January 9, 2009. until Dalhousie Legal Aid Service); and Monday, January 12, 2009, inclusive: the Charles K. Thorpe of Dartmouth, in the Halifax Honourable Chris d'Entremont; Regional Municipality (no longer employed with To be Acting Deputy Premier, Acting Deputy Ocean Contractors Limited). President of the Executive Council, Acting Chair of To be appointed as a Commissioner pursuant to Treasury and Policy Board, Acting Minister of Gaelic the Notaries and Commissioners Act: Affairs and Acting Minister responsible for the Verna J. Halloran of Guysborough, in the County of Gateway Initiative from 8:35 p.m., Saturday, Guysborough, while employed with the Municipality January 10, 2009 until 10:00 p.m., Sunday, January of the District of Guysborough. 18, 2009: the Honourable Judy Streatch; To be reappointed as Commissioners pursuant to To be Acting Minister of Service Nova Scotia and the Notaries and Commissioners Act: Municipal Relations, Acting Minister responsible for Wade St. Clair Carver, of Barss Corner, in the the Residential Tenancies Act, and to be responsible County of Lunenburg, for a term commencing for any and all other duties assigned to that February 28, 2009 and to expire February 27, 2014; Minister from 5:30 p.m., Sunday, January 11, 2009 Catherine Currell of Dartmouth, in the Halifax until 5:30 p.m., Sunday, January 18, 2009: the Regional Municipality, while employed with Dalhousie Honourable Carolyn Bolivar-Getson; and University; To be Acting Premier, Acting President of the Amanda Fraser of Porters Lake, in the Halifax Executive Council and Acting Minister of Regional Municipality, for a term commencing Intergovernmental Affairs from 1:10 p.m., Thursday, December 18, 2008 and to expire December 30, 2013 January 15, 2009 until 9:15 p.m., Friday, January 16, (Hometime Law Office); 2009: the Honourable David Morse. Joseph Landry of Waverley, in the Halifax Regional Municipality, for a term commencing December 18, Certified to be a true copy 2008 and to expire January 30, 2014 (Atlantic sgd: R. C. Fowler Industrial Services); R. C. Fowler Golda M. Redden of Halifax, in the Halifax Regional Clerk of the Executive Council Municipality, for a term commencing December 18, 2008 and to expire December 17, 2013 (Barss, Hare and Turner, law firm); and © NS Office of the Royal Gazette. Web version. 31 32 The Royal Gazette, Wednesday, January 14, 2009 Charles K. Thorpe of Dartmouth, in the Halifax ANNUAL REPORT ON THE Regional Municipality, for a term commencing ANTI-TERRORISM ACT December 18, 2008 and to expire December 17, 2013. Attorney General of Nova Scotia DATED at Halifax, Nova Scotia, this 18th day of Investigative Hearings, Recognizances with December, 2008. Conditions and Arrests Without Warrant Cecil P. Clarke For the period of December 24, 2006 through Minister of Justice and Attorney General December 23, 2007 PROVINCE OF NOVA SCOTIA DEPARTMENT OF JUSTICE TABLE OF CONTENTS The Minister of Justice and Attorney General, SECTION I INTRODUCTION Cecil P. Clarke, under the authority vested in him by clause 2(b) of Chapter 23 of the Acts of 1996, the SECTION II OVERVIEW OF PART II.1 OF THE Court and Administrative Reform Act, Order in CRIMINAL CODE Council 2004-84, the Assignment of Authority Regulations, and Sections 6 and 7 of Chapter 312 of SECTION III STATISTICS the Revised Statutes of Nova Scotia, 1989, the Notaries and Commissioners Act, is hereby pleased SECTION IV ASSESSMENT to advise of the following: To be appointed as Commissioners pursuant to the Notaries and Commissioners Act: SECTION I - INTRODUCTION Special Constable James A. Marshall of North River, in the County of Colchester, while employed The Attorney General of Nova Scotia is required under with Halifax Regional Police; Section 83.31 of the Criminal Code of Canada to Karen Sutherland of Dartmouth, in the Halifax prepare and publish an annual report on the operation Regional Municipality, while employed with the of Sections 83.28 and 83.29, which provide for Province of Nova Scotia; and investigative hearings into terrorism offences. This Maurice J. Toulany of Dartmouth, in the Halifax report is to contain data on items listed in paragraphs Regional Municipality, for a term commencing 83.31(1)(a) to (c), namely: December 29, 2008 and to expire December 28, 2013. • The number of consents to make an application DATED at Halifax, Nova Scotia, this 29th day of that was sought, and the number that were December, 2008. obtained by virtue of Subsections 83.28(2) and (3); Cecil P. Clarke • The number of orders for the gathering of Minister of Justice and Attorney General information that were made under Subsection 83.28(4); PROVINCE OF NOVA SCOTIA DEPARTMENT OF JUSTICE • The number of arrests that were made with a warrant issued under Section 83.29. IN THE MATTER OF SECTION 254(1) OF THE CRIMINAL CODE OF CANADA Similarly, the Attorney General of Nova Scotia must provide a report to Parliament on the operation of Under the authority vested in me by Section Section 83.3, which establishes a procedure for 254(1) of the Criminal Code of Canada, I hereby obtaining a recognizance order as a means of designate: preventing the carrying out of a terrorist activity. This report must include the following data: Charles W. Hibbert Royal Canadian Mounted Police • The number of consents that were sought and the Province of Nova Scotia number obtained; as a Qualified Technician within the meaning of • The number of cases in which a summons or a Section 254(1) of the said Criminal Code of Canada. warrant of arrest was issued; DATED at Halifax, Nova Scotia, this 3rd day of • The number of cases where a person was not December, 2008. released pending a hearing; Cecil P. Clarke • The number of cases in which an order to enter Minister of Justice and Attorney General into a recognizance was made, and the types of conditions imposed; © NS Office of the Royal Gazette. Web version. The Royal Gazette, Wednesday, January 14, 2009 33 • The number of times a person failed or refused to keep the peace. The recognizance, which requires the enter into a recognizance, and the term of person to adhere to certain imposed conditions, can be imprisonment imposed; for a maximum period of twelve months. • The number of cases in which the conditions Investigative Hearings fixed in a recognizance were varied. The following are the key features of the procedure The Attorney General of Nova Scotia is also required found in Sections 83.28 and 83.29: under Subsection 83.31(3) of the Criminal Code to prepare and publish an annual report pertaining to • The investigative hearing may be held where a the use of arrest without warrant. Pursuant to judge is satisfied that there are reasonable Subsection 83.3(4) of the Criminal Code, a peace grounds to believe that a terrorism offence has officer who suspects on reasonable grounds that the been or will be committed; detention of a person is necessary to prevent a terrorist activity, may arrest the person without a • The consent of the Attorney General is required to warrant. The annual report must include: initiate the process and the hearing must be held before a judge; • The number of arrests without warrant and the period of detention. • Charges need not be laid against any suspects at the time that the investigative hearing is held; • The number of cases in which the person arrested was released by a peace officer. • The order may include a requirement that a person attend to be examined under oath and produce • The number of cases in which the person records of items or activities in question; arrested was released by a judge. • The witness is provided with legal safeguards, This document constitutes the annual report of the including one against the disclosure of information Attorney General of Nova Scotia for the period from protected by Canadian laws related to privilege or December 24, 2006 through December 23, 2007. non disclosure of information. Other safeguards include protections against self-incrimination in SECTION II - OVERVIEW OF PART II.1 OF THE relation to other criminal proceedings and the right CRIMINAL CODE OF CANADA to retain and instruct counsel; A key focus of the Anti-terrorism Act is to prevent • A power of arrest is provided in respect of a person terrorist incidents by providing the necessary tools who is evading the order or is about to abscond.