All regular Members of CCANS have been appointed
Provincial Civil Constables by the Nova Scotia Department of Justice pursuant to the Police Services Act of Nova Scotia. As Provincial Civil Constables our clients are assured that we have been security cleared; our backgrounds have been screened for Criminal Records and other activities which may have come to the attention of law enforcement. We have also posted a Bond with the Department of Justice.
The Civil Constable Association of Nova Scotia was incorporated in 2002 (see The Registry of Joint Stock Companies website) as an organization promoting a high standard of Process Serving and Bailiff Services. We support each other relative to referrals and also assist each other in sharing and developing ‘best practices’ within our industry. Through our membership we collectively; pursue matters with government which we believe will enhance our effectiveness as Civil Constables and endeavour to provide service in a consistent manner throughout Nova Scotia. As well, the Law Reform Commission of Nova Scotia has sought our input on certain legislation matters. We are in communication with the Department of Justice in an effort to more clearly define the role of Provincial Civil Constables within Nova Scotia.
In 1996 the then Provincial Government transferred some of the responsibilities of the Sheriff’s Office to Provincial Civil Constables, such as ; Divorce documents, Originating Notices of Action (Supreme Court; Small Claims Court; Family Court) and Execution Orders. The Courts however continue to direct some ‘Execution Orders’ to the Sheriff’s Office for action. Some do get directed to private Bailiffs.
As Provincial Civil Constables
, we provide Process Serving.
- Process Serving consists of serving documents to individuals and companies who are parties to Civil Court actions (matters before the Supreme Court of Nova Scotia), Trespass Notices, Small Claims Court actions, Family Court actions, etc. We then prepare and file Affidavits of Service in support of the document service. Clients who utilize our services are: Law Offices, Businesses, and Individuals.
We would like to point out that Process Servers
are defined in the Criminal Code of Canada as Peace Officers
. In Canada it is Unlawful to Obstruct a Peace Officer in the performance of his/her duties
. It is also Unlawful to Obstruct a lawful process,
which includes the service of court issued documents. We are not
Police Officers and as such have no authority to act under any penal statutes. We have the same powers of arrest as those afforded any civilian in Canada. As Peace Officers we are however, able to serve Subpoenas to Witnesses in Criminal matters. Recently, the Department of Justice has added the words 'Peace Officer'
to the Appointment ID Cards.
In Nova Scotia, private citizens are allowed to serve civil processes. Some individuals involved in civil actions take it upon themselves to serve persons against whom they are taking legal action. In some instance this has create confrontational situations. As Provincial Civil Constables we are neutral in such matters and have no stake in the process. We provide a service which enables a court action to proceed by ensuring, if possible, the documents are served.
Provincial Civil Constables are individually appointed and establish their own Fee Structure which may vary from licensee to licensee. The fees are not set by government as we are not government employees.
I encourage you to utilize the services of CCANS Members (listed on this site) and if you are already an appointed Provincial Civil Constable but not yet a member of CCANS
, I encourage you to seek membership and assist us in enhancing the services we provide. Regular Members of CCANS have ‘log in’ access to the Members Only section which contains Correspondence, sent and received, relating to CCANS and Government; Minutes of past Annual General Meetings; Schedule of Dates relating to CCANS activities; Any decisions made relative to Public Complaints. NOTE: We are constantly looking for 'new members' to fill the void in certain service areas (Counties) within Nova Scotia, and would be pleased to add your contact information to the Map. The fee for membership can be easily re-couped through just one request for service.
Please view our website and check out the links which will outline the Appointment Process through the Department of Justice and the requirements to be licensed as a Provincial Civil Constable. We also include a link to the Police Services Act which will confirm for you the authority for our Appointment.
Michael Lutes - PresidentCCANS