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CHAPTER 109

OF THE

REVISED STATUTES, 1989

amended 1994-95, c. 7, ss. 21-22, 150


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting
Court Houses and Lockup Houses

Short title

1 This Act may be cited as the Court Houses and Lockup Houses Act. R.S., c. 109, s. 1.

ESTABLISHMENT AND

MAINTENANCE OF COURT HOUSES

Location of court house

2 A court house may lawfully be situate in the municipal district or in any city or incorporated town which formerly was a part of such district and such court house shall be deemed to be situate in such district. R.S., c. 109, s. 2.

Interpretation

3 (1) In this Section,

(a) "Minister" means the Minister of Justice;

(b) "municipality" means a city, incorporated town or municipality of a county or district.

Powers of Minister

(2) With the approval of the Governor in Council,

(a) the Minister may establish court houses and court-house facilities; and

(b) the Minister may enter into an agreement with a municipality respecting the takeover of court-house facilities including the conveyance, re-conveyance or leasing of court-house facilities.

Agreements

(3) A municipality has the necessary power and authority to enter into and carry out an agreement referred to in clause (2)(b) with the Minister and, notwithstanding any other Act, any lease or conveyance of property pursuant to an agreement does not require the consent of the Minister of Municipal Affairs.

Halifax County Court House Commission

(4) The assets and liabilities of the Halifax County Court House Commission are vested in Her Majesty in right of the Province.

Consequences of failure to agree

(5) Where the Minister and a municipality are unable to reach an agreement pursuant to clause (2)(b) respecting a court house or court-house facility used primarily for the administration of justice, the Minister, with the approval of the Governor in Council, may require the municipality to and the municipality shall convey the court house or court-house facility, as the case may be, to Her Majesty in right of the Province and the municipality is not entitled to any compensation except as provided in subsection (6).

Consequences of conveyance

(6) Upon a court house or court-house facility being conveyed pursuant to subsection (5), the Minister is responsible for the payment of all debt charges respecting the court house or court-house facility.

Reconveyance to municipality

(7) When a court house or court-house facility conveyed to Her Majesty in right of the Province pursuant to subsection (5) is no longer required by the Minister for the administration of justice, Her Majesty shall reconvey the court house or court-house facility, as the case may be, to the municipality and Her Majesty shall cease payment of debt charges pursuant to subsection (6) in respect of it. 1994-95, c. 7, s. 21.

4 to 6 repealed 1994-95, c. 7, s. 21.

LOCKUP HOUSES

Powers of town council

7 The council of every incorporated town may, under the Towns Act, establish, alter, add to, repair and maintain a lockup house in the town, appoint a keeper thereof, and provide for the payment of the remuneration of the keeper and the management and regulation of the lockup house. R.S., c. 109, s. 7.

Powers of municipal council

8 The council of every municipality may, under the Municipal Act, establish, alter, add to, repair and maintain a lockup house for the municipality or for any polling district or districts in the same, appoint the keeper or keepers thereof, and provide for the payment of the remuneration of the keeper or keepers and the management and regulation of the lockup house or lockup houses. R.S., c. 109, s. 8.

Joint-use lockup house

9 Any municipality may unite with any city or incorporated town in establishing a lockup house for the joint use of the municipality, city or town, and the keeper of the lockup house may be appointed, and the remuneration of the keeper and the cost of erecting, altering, adding to and maintaining the lockup house and keeping the same in repair may be provided, in such manner as is agreed upon between the municipality, city or town. R.S., c. 109, s. 9.

Keeper

10 Every lockup house shall be placed in charge of a constable or police officer specially designated for that purpose and the keeper shall be responsible for the safe custody of prisoners confined therein. R.S., c. 109, s. 10.

Detention and imprisonment

11 Any person arrested or held upon any warrant issued by a judge of the provincial court or justice of the peace or on any process issued with respect to any criminal or penal matter, may be detained in a lockup house pending the hearing and determination of the charge or matter with respect to which he is arrested or held, and any person ordered or directed to be imprisoned by any conviction or commitment may be imprisoned in a lockup house until he can conveniently be removed to a jail or penitentiary. R.S., c. 109, s. 11.

Civil detention

12 Any person arrested in any civil action or proceeding may be detained in a lockup house until he can conveniently be removed to a jail, but no such detention shall be for more than forty-eight hours. R.S., c. 109, s. 12.

GENERAL

Approval by Governor in Council

13 No lockup house shall hereafter be erected and no existing lockup house shall be enlarged, altered or remodelled until the plans and specifications for all work in connection with the erection, enlargement, alteration or remodelling have been submitted to and approved by the Governor in Council. R.S., c. 109, s. 13.

Powers of Governor in Council

14 The Governor in Council may require a municipality, city or town to make any lockup house suitable for the purpose for which the same is established by enlarging, altering, repairing, adding to or remodelling the same or in such other manner as the Governor in Council directs, and if the municipality, city or town upon being so required does not make the lockup house suitable for such purpose as required, the lockup house may be enlarged, altered, repaired, added to, remodelled and made suitable by the Governor in Council, and the expense of so doing shall be a charge upon the municipality, city or town. R.S., c. 109, s. 14.

Regulations

15 (1) The Governor in Council may make regulations

(a) respecting the operation, management, supervision, administration and inspection of lock-up facilities;

(b) respecting the admission, care, custody, control, maintenance, transfer, privileges, release and discharge of inmates;

(c) respecting the transportation of inmates to, from and between lock-up facilities;

(d) respecting the care, custody, control and treatment of mentally, physically or socially handicapped inmates;

(e) respecting medical attendance on inmates;

(f) respecting the maintenance, preservation and destruction of records;

(g) defining any word or expression used in this Act and not defined herein;

(h) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Regulations Act

(2) The exercise by the Governor in Council of the authority in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 109, s. 15.

Canada Shipping Act investigation

16 Any commissioner or court appointed under the Canada Shipping Act, to hold a formal investigation under that Act shall have in all respects the same rights as a judge of the Supreme Court of Nova Scotia in regard to the use of the court houses and other buildings or apartments set apart for the administration of justice; provided, however, that whenever a court house or other building or apartment set apart as aforesaid is required for the actual use of the Supreme Court or any judge thereof or any county court or any judge thereof or the judge presiding at any sittings of the Federal Court of Canada, this Section shall not apply in respect thereof. R.S., c. 109, s. 16.

17 repealed 1994-95, c. 7, s. 22.

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