Officials Regulations (N.S. Reg. 220/2024) (just regulations regs codeofconductvillage.htm)
N.S. Reg. 220/2024
Nova Scotia — Regulations
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For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette
Part II .
Regulations are amended frequently.
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Code of Conduct for Village Elected Officials Regulations
made under
Section 520 of the
Municipal Government Act
S.N.S. 1998, c. 18
N.S. Reg. 220/2024 (effective October 20, 2024),
amended to N.S. Reg. 213/2025 (effective October 7, 2025)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Interpretation
Citation
Definitions
Code of Conduct
Application
Adoption of code of conduct and notice to Minister
When code of conduct applies
Code of conduct training
Complaint and Investigation Process
Requirements for investigator
Complaints
Complaints during elections
Initial complaint process
Confidentiality
Reporting on investigation
Investigator report on failing to comply with sanction
Determinations
Conflict of interest—village commissioner present at meeting
Public record
The commission determination final
Sanctions and Sanction Framework
Sanctions framework
Sanctions for contravention of code of conduct
Schedule “A”—Model Code of Conduct for Municipalities
Title
Definitions
General purpose
Interaction with laws and policies
Guiding principles
General conduct
Confidential information
Gifts and benefits
Use of village property, equipment and services
Building, development, planning, or procurement proposals before commission
Improper use of influence
Business relations
Employment of persons closely connected to village commissioners
Fairness
Adherence to policies, procedures, bylaws and other laws
Respect for commission as a decision-making body
Communicating on behalf of commission
Interactions of commission with staff and service providers
Respectful interactions
Reprisals
Interpretation
Citation
1 These regulations may be cited as the Code of Conduct for Village Elected Officials
Regulations .
Definitions
2 In these regulations,
“Act” means the Municipal Government Act ;
“code of conduct training” means online training on the village’s code of conduct
developed by the Nova Scotia Federation of Municipalities and approved by the
Minister, or other training approved by the Minister;
“complaint” means a complaint regarding an alleged breach of the code of
conduct;
“elected official” means a village commissioner;
“investigator” means a person or entity appointed by a village under subsection
408AD(1) of the Act to receive and investigate complaints;
“model code of conduct” means the model code of conduct prescribed in
Schedule
“A”.
Code of Conduct
Application
(1) The code of conduct referred to in these regulations is a code of conduct
established under
Section 408AB of the Act.
(2) The code of conduct applies to elected officials at all times and in all locations.
Adoption of code of conduct and notice to Minister
(1) A village must adopt the model code of conduct on or before December 19, 2024.
(2) A village must report to the Minister and provide a notice confirming adoption of
the model code of conduct on or before December 19, 2024.
When code of conduct applies
(1) The code of conduct applies to each village commissioner from the time that they
are declared elected until the earliest of the following:
(
a) the date of their resignation;
(
b) the date they are disqualified from office;
(
c) the date their successor is sworn into office, or the date of the meeting at
which a successor would have been sworn into office if there is no
successor.
(2) The code of conduct does not apply to action or conduct that occurred before the
earlier of the following dates:
(
a) date that the code is adopted by a village;
(
b) December 19, 2024.
Code of conduct training
5A
(1) Except as provided in subsection (2), an elected official must complete code of
conduct training no later than 30 days after the date that they are declared elected.
(2) An elected official who is in office when this
Section comes into force must
complete code of conduct training no later than 30 days after April 1, 2025.
Complaint and Investigation Process
Requirements for investigator
(1) An investigator must have experience conducting investigations and applying the
principles of natural justice and procedural fairness.
(2) If an investigator receives multiple complaints about the same subject matter, the
investigator must consolidate the complaints and investigate them together, unless
doing so would compromise the principles of natural justice or procedural fairness.
(3) A village must publish an investigator’s contact information on its publicly
accessible website or post notice of it in conspicuous places in the village.
(4) A village must ensure that no conflict of interest exists between the investigator
and the parties involved in a complaint.
Complaints
(1) A complaint may only be made by a village commissioner in the village in which
the subject of the complaint is a village commissioner.
(2) A village commissioner may not submit a complaint on behalf of any other person
or entity.
(3) A complaint must be made to an investigator no later than 6 months after the date
that the complaint is discovered.
(4) For the purposes of this Section, a complaint is discovered on the following
applicable date:
(
a) the date that the complainant first knew or ought reasonably to have known
that the village commissioner’s conduct or action was potentially in breach
of the code of conduct;
(
b) for conduct or an action that is continuous, the date that the village
commissioner’s action or conduct ceases;
(
c) for conduct or a series of actions that is repeated, the date that the village
commissioner’s last conduct or action in the series occurs.
Complaints during elections
(1) A complaint brought forward between nomination day, if a village has a
nomination bylaw under
Section 410 of the Act, and election day must not be
investigated until the election is concluded.
(2) An investigation in progress on an election’s nomination day, if a village has a
nomination bylaw under
Section 410 of the Act, must continue, but may be paused
between nomination day and election day.
(3) An investigation in progress for a complaint made about the conduct of an elected
official will not continue if the official is not re-elected.
Initial complaint process
(1) An investigator must notify the clerk whenever a complaint is received.
(2) An investigator must determine if there is merit to a complaint and then take 1 of
the following actions:
(
a) notify the clerk that it is dismissed in accordance with subsection 408AD(3)
of the Act;
(
b) if the investigator finds that the complaint has merit, the investigator must
(
i) notify the village commissioner who is the subject of the complaint
that a complaint has been made about them, and that it is proceeding
to an investigation, and
(ii) begin their investigation and notify the commission in camera of the
fact that a complaint is proceeding to the investigation phase.
Confidentiality
10 An investigator must protect the confidentiality of all of the following to the greatest
extent possible, while still applying the principles of natural justice and ensuring
procedural fairness:
(
a) the complainant;
(
b) all persons who are the subject of the complaint;
(
c) all persons involved in the investigation.
Reporting on investigation
(1) Except as provided in subsection (2), the report on the investigation required by
subsection 408AD(2) of the Act to be presented to the commission must be
presented no later than 6 months after a complaint is made.
(2) The commission may grant an investigator additional time to present a report in
exceptional circumstances, including a delay caused by a village election period.
(3) A village commissioner who is the subject of a complaint must be given an
opportunity to review and respond to the information in an investigator’s report,
and to make submissions to the commission before the commission determines
whether there was a breach of the code of conduct.
Investigator report on failing to comply with sanction
12 Despite Sections 9, 10 and 11, if a village commissioner fails to comply with a sanction
as required by the code of conduct, the investigator is not required to conduct an
investigation but must present a report to the commission with a recommendation on an
appropriate sanction.
Determinations
13 After receiving the investigator’s report and hearing any submissions from any village
commissioner who is the subject of the complaint, the commission must determine if a
breach occurred and any appropriate sanctions to impose in accordance with Sections 17
and 18.
Conflict of interest—village commissioner present at meeting
14 If a village commissioner who is the subject of a complaint or who has made a complaint
under the code of conduct is present at a commission meeting at which the complaint is
discussed, the commissioner must
(
a) withdraw from their place as a village commissioner and take 1 of the
following applicable actions while the complaint is being considered:
(
i) for a closed meeting, leave the room where the meeting is held,
(ii) for a meeting that is open to the public, either
(
A) leave the room where the meeting is held, or
(
B) attend only in part of the room set aside for the general public;
and
(
b) not vote on any issue related to the complaint.
Public record
15 After a commission’s determination of a complaint, the commission must make a record
that is open to the public outlining all of the following:
(
a) the
section of the code of conduct under which the complaint was made;
(
b) the investigator’s recommendations;
(
c) the commission’s determination and any sanction imposed.
The commission determination final
16 A commission’s determination regarding a complaint is final and binding on all parties.
Sanctions and Sanction Framework
Sanctions framework
17 A commission must consider all of the following criteria before imposing a sanction on a
village commissioner for a contravention of the code of conduct:
(
a) the nature of the contravention;
(
b) the length or persistence of the contravention;
(
c) whether the village commissioner’s contravention was intentional;
(
d) whether the village commissioner has taken any steps to remedy the
contravention;
(
e) whether the village commissioner has previously contravened the code of
conduct;
(
f) any external factors that are relevant to the village commissioner’s
contravention, including personal issues and health issues;
(
g) the resources necessary to fulfilling the village commissioner’s
responsibilities as a village commissioner.
Sanctions for contravention of code of conduct
(1) The sanctions to be imposed by the commission under 408E of the Act may
include 1 or more of the following prescribed sanctions:
(
a) a letter of formal reprimand or warning;
(
b) a requirement that the village commissioner provide a letter acknowledging
their contravention and an apology no later than 15 days after the date the
commission imposes the sanction;
(
c) a requirement that the village commissioner attend training that is
appropriate to address the action or conduct that contravened the code of
conduct;
(
d) a public censure;
(
e) limiting the village commissioner’s access to certain local government
facilities, equipment or property;
(
f) suspending or removing the village commissioner as chair or vice-chair of
the commission or the chair of any committee;
(
g) suspending or removing the village commissioner, for a period of no longer
than 6 months, from some or all village committees or boards;
(
h) limiting the village commissioner’s participation on behalf of a village;
(
i) limiting the village commissioner’s travel or expense reimbursement on
behalf of a village;
(
j) a fine of up to $1000 per contravention of the code of conduct, that must be
paid no later than 6 months after the date that the commission imposes the
sanction;
(
k) reducing the village commissioner’s remuneration, for a period of no longer
than 6 months;
(
l) requiring the village commissioner to repay any direct monetary loss
realized by a village as a result of the village commissioner’s contravention,
in an amount determined by the investigator;
(
m) requiring the village commissioner to repay any direct monetary gain they
obtained as a result of their contravention, in an amount determined by the
investigator.
(2) A village commissioner who is determined by the commission to have contravened
the code of conduct must complete additional code of conduct training.
Schedule “A”—Model Code of Conduct for Municipalities
prescribed by the Minister under subsection 520(1) of
Chapter 18 of the Acts of 1998,
the Municipal Government Act
Title
1 The title of this code of conduct is the Code of Conduct for Elected Officials of the
[insert name of village] .
Definitions
2 In this Code, the following
definitions apply:
“Act” means the Municipal Government Act ;
“clerk” means the clerk of the village;
“closely connected” to a village commissioner, means any of the following:
(
i) a family member of the village commissioner,
(ii) an agent of the village commissioner,
(iii) a business partner of the village commissioner,
(iv) an employer of the village commissioner;
“Code” means the Code of Conduct for Elected Officials of the [insert name of
village, as in title] ;
“commission” means the commission of the village;
“complaint” means a complaint regarding an alleged breach of the Code;
“confidential information” includes any information in the possession of the village
that the village is prohibited from disclosing pursuant to legislation, court order or
by contract, or is required to refuse to disclose under
Part XX of the Act or other
legislation, or that pertains to the business of the village and is generally considered
to be of a confidential nature, including information about any of the following:
(
i) the security of the village’s property,
(ii) a proposed or pending acquisition or disposition of land or other
property,
(iii) a tender that has or will be issued but that has not been awarded,
(iv) contract negotiations,
(
v) employment and labour relations,
(vi) draft documents and legal instruments, including reports, policies,
bylaws and resolutions, that have not been deliberated in a meeting
open to the public,
(vii) law enforcement matters,
(viii) litigation or potential litigation, including matters before
administrative tribunals,
(ix) advice that is solicitor-client privileged;
“discrimination” has the same meaning as in the Human Rights Act ;
“elected official” means a village commissioner;
“family member” means, in relation to a person, any of the following, and includes
a step-family member:
(
i) spouse,
(ii) parent or guardian,
(iii) child,
(iv) sibling,
(
v) sibling of a parent,
(vi) child of a sibling,
(vii) grandchild,
(viii) grandparent,
(ix) parent-in-law,
(
x) sibling-in-law,
(xi) spouse of a child;
“harass” has the same meaning as in the Human Rights Act ;
“investigator” means a person or entity appointed by a village under subsection
408AD(1) of the Act to receive and investigate complaints;
“poisoned environment” means an environment where harassing or discriminatory
conduct causes significant and unreasonable interference with a person’s work
environment;
“sexual harassment” has the same meaning as in the Human Rights Act .
General purpose
(1) The purpose of this Code is to set out the expectations for the behaviour of village
commissioners in carrying out their functions and making decisions that benefit the
constituents in their village.
(2) Nothing in this Code is intended to prevent elected officials from sharing or
expressing dissenting opinions.
Interaction with laws and policies
(1) This Code is intended to operate together with, and as a supplement to, the
applicable common law, the Criminal Code of Canada, the Act, the Municipal
Conflict of Interest Act and any other applicable legislation.
(2) This Code is intended to operate together with, and as a supplement to, the other
bylaws and policies of a village.
(3) This Code prevails in any conflict between the Code and any village resolution,
policy or bylaw.
Guiding principles
5 All of the following are the guiding principles for village commissioners’ conduct:
Collegiality : village commissioners must work together to further the best interests of the
village in an honest and honourable way.
Respect : village commissioners must demonstrate respect towards one another, the
democratic decision-making process and the role of staff. Village commissioners must
not act in a manner that negatively impacts the village or tarnishes the village’s
reputation.
Integrity : village commissioners must act lawfully and adhere to strong ethical principles
by prioritizing the village’s interests over individual interests.
Professionalism : village commissioners must create and maintain an environment that is
respectful and free from all forms of discrimination and harassment, including sexual
harassment. Village commissioners must show consideration for every person’s values,
beliefs and contributions, and support and encourage others to participate in commission
activities.
Transparency : village commissioners must be truthful and open about their decisions and
actions and make every effort to accurately communicate information openly to the
public.
Responsibility : village commissioners are responsible for the decisions that they make
and must be held accountable for their actions and outcomes. Village commissioners
must demonstrate awareness of their own conduct and consider how their words or
actions may be perceived as offensive or demeaning.
General conduct
(1) A village commissioner must be truthful and forthright and not deceive or
knowingly mislead the commission, the clerk and treasurer, staff or the public.
(2) A village commissioner must show respect for chairs of commission meetings,
chairs of committee meetings, colleagues, staff and members of the public that
present during commission meetings or other meetings of the village.
(3) A village commissioner must adhere to the direction of the chairs of meetings with
respect to rules of procedure.
(4) A village commissioner must conduct commission business and all duties in an
open and transparent manner, other than for those matters that the commission is
authorized by law to carry out in private.
(5) A village commissioner must not be impaired by alcohol or drugs while attending
any commission meeting or other meeting of the village.
(6) A village commissioner must comply with any sanction imposed under this Code,
and failing to comply with a sanction imposed is considered a breach of the Code.
Confidential information
(1) A village commissioner must not disclose or release any confidential information
to the public in oral, written or any other form, other than when required by policy
or law or authorized by the commission to do so.
(2) A village commissioner must not use confidential information for personal or
private gain or for the private gain of any other person or entity.
(3) A village commissioner must not access or attempt to access confidential
information in the custody of the village unless the information is necessary for the
performance of their duties and its access is not prohibited by legislation or by the
bylaws or policies of the village.
(4) A village commissioner must not discuss any matters relating to an active
investigation under the Code with anyone other than the investigator or their own
legal counsel, unless required by law.
Gifts and benefits
(1) A village commissioner must not accept a fee, advance, cash, gift, gift certificate or
personal benefit that is connected directly or indirectly with the performance of
their duties of office, other than the following exceptions:
(
a) gifts or benefits that normally accompany the responsibilities of office and
are received as an incident of protocol or social obligation;
(
b) a suitable memento of a function honouring the village commissioner;
(
c) sponsorships and donations for community events organized or run by a
village commissioner or by a third party on behalf of a village
commissioner;
(
d) compensation authorized by the village.
(2) A fee, advance, cash, gift, gift certificate or personal benefit paid or provided to a
person closely connected to a village commissioner, with the village
commissioner’s knowledge, is deemed to be a gift to the village commissioner.
Use of village property, equipment and services
(1) A village commissioner must not use, or request the use of, any village property,
including surplus material or equipment, for personal convenience or profit, unless
the property meets 1 of the following:
(
a) it is generally available for use by the public and the village commissioner is
receiving no special preference in its use;
(
b) it is made available to the village commissioner in the course of carrying out
commission activities and duties, and is used for purposes connected with
the discharge of commission duties.
(2) A village commissioner must not obtain, or attempt to obtain, personal financial
gain from the use or sale of intellectual property developed by the village.
(3) A village commissioner must not use information, or attempt to use information,
gained in the course of their duties that is not available to the general public for any
purposes other than carrying out their official duties.
(4) A village commissioner, or a person closely connected to a village commissioner,
must not tender on the sale of surplus village property, including old or extra
equipment.
Building, development, planning, or procurement proposals before commission
10 A village commissioner must not solicit or accept support in any form from an
individual, group or corporation with any building, development, planning or
procurement proposal before the commission.
Improper use of influence
11 A village commissioner must not use the influence of their office for any purpose other
than for the exercise of their official duties.
Business relations
(1) A village commissioner must not allow any prospect of their future employment by
a person or entity to affect the performance of their duties to the village.
(2) A village commissioner must not borrow money from any person who regularly
does business with the village, unless the person is an institution or company
whose shares are publicly traded and who is regularly in the business of lending
money.
(3) A village commissioner must not act as an agent of a person or entity before the
commission or a committee of the commission or any agency, board or committee
of the village.
Employment of persons closely connected to village commissioners
(1) A village commissioner must not attempt to influence any village employee to hire
or promote a person closely connected to the commissioner.
(2) A village commissioner must not make any decision or participate in the process to
hire, transfer, promote, demote, discipline or terminate any person closely
connected to the commissioner.
Fairness
(1) A village commissioner must not give special consideration, treatment or
advantage to any individual or entity beyond that which is given to all.
(2) A village commissioner must not give special consideration, treatment or
advantage to an organization or group because the village commissioner, or a
person closely connected to the member, is involved with the organization or
group.
Adherence to policies, procedures, bylaws and other laws
(1) Village commissioners must adhere to all applicable federal and provincial
legislation.
(2) Village commissioners must adhere to the procedures, resolutions, policies and
bylaws of the village.
(3) Village commissioners must adhere to the expense and hospitality policy of the
village.
Respect for commission as a decision-making body
(1) A village commissioner must abide by, and act in accordance with, any decision
made by the commission, whether or not the commissioner voted in favour of the
decision.
(2) A village commissioner must not encourage non-compliance with any legislation,
regulation, bylaw, resolution, policy or procedure.
Communicating on behalf of commission
(1) A village commissioner, other than the chair, must not claim to speak on behalf of
the commission unless the commissioner is authorized to do so.
(2) The chair or an individual designated by the commission may speak on behalf of
the commission and must make every effort to convey the intent of the
commission’s decision accurately.
Interactions of commission with staff and service providers
(1) A village commissioner must not direct, or attempt to direct, the clerk and treasurer
or staff other than through a direction provided by the commission as a whole.
(2) A village commissioner must be respectful of the role of the clerk and treasurer
and staff to advise based on political neutrality and objectivity and without undue
influence from any individual commissioner or group of the commission.
(3) A village commissioner must not issue instructions to any of the contractors,
tenderers, consultants or other service providers to the village unless the
commission as a whole has provided direction regarding the same.
(4) A village commissioner must not require or request that a village employee
undertake personal chores or tasks for the member that are unrelated to village
business.
(5) A village commissioner must not make public statements that are critical of
specific or identifiable village employees or service providers.
Respectful interactions
(1) A village commissioner must not engage in discrimination or harassment as
prohibited by the Human Rights Act .
(2) A village commissioner must not sexually harass any person.
(3) A village commissioner must not engage in any discriminatory or harassing action
or conduct, verbal or non-verbal, directed at 1 or more individuals or groups that
creates a poisoned environment.
Reprisals
20 A village commissioner must not undertake any act of reprisal or threaten reprisal against
a complainant in a matter under this Code or any person providing relevant information
in relation to a matter under this Code.
Legislative History
Reference Tables
Code of Conduct for Village Elected Officials
Regulations
N.S. Reg.
220/2024
Municipal Government Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Code of Conduct for Village Elected Officials Regulations made
under the Municipal Government Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
220/2024
Oct 20, 2024
date specified
Nov 1, 2024
70/2025
Apr 1, 2025
date specified
Apr 18, 2025
213/2025
Oct 7, 2025
date specified
Oct 17, 2025
The following regulations are not
yet in force and are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
2, defn . of “code of conduct
training” ........................................................
ad. 70/2025
5A .....................................................
ad. 70/2025
5 A( 2) ...........................................
am.
213/2025
6 ........................................................
rs . 213/2025
7 ........................................................
rs . 213/2025
13 ......................................................
am. 213/2025
18(1)(g) .............................................
am. 213/2025
18(1)(k) .............................................
am. 213/2025
Schedule “A”
2, defn . of “confidential
information”, subclause (ix) .................................
am. 213/2025 2
18(3) .................................................
am. 213/2025
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
Note
Effective
date
Subclauses 9(2)(b)(ii)
to (iii) of original text renumbered as subclauses 9(2)(b)(
i) to (ii) for the
purposes of this consolidation.
Subclause (xi) of the definition of “confidential
information” in
Schedule “A” to the regulations in the original text renumbered as subclause (ix)
for the purposes of this consolidation.
The cross-reference in s. 9(2)(
a) to s. 23 C( 3) of the Act has been corrected to s. 408 AD( 3) of the Act for the purposes of this consolidation.
Repealed and Superseded
N.S.
Regulation
Title
In force
date
Repealed
date
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.