Officials Regulations (N.S. Reg. 218/2024) (just regulations regs codeofconducthrm.htm)

N.S. Reg. 218/2024

Nova Scotia — Regulations

Officials Regulations (N.S. Reg. 218/2024) (just regulations regs codeofconducthrm.htm)

N.S. Reg. 218/2024

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

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.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Code of Conduct for Elected Officials Regulations

made under subsection 383(1) of the

Halifax Regional Municipality Charter

S.N.S. 2008, c. 39

N.S. Reg. 218/2024 (effective October 20, 2024)

amended to N.S. Reg. 211/2025 (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 of code of conduct

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—Council member present at meeting

Public record

Council determination final

Sanctions and Sanction Framework

Sanctions framework

Sanctions for contravention of code of conduct

Schedule “A”—Model Code of Conductfor the Halifax Regional Municipality

Title

Definitions

General purpose

Interaction with laws and policies

Guiding principles

General conduct

Confidential information

Gifts and benefits

Use of municipal property, equipment and services

Building, development, planning, or procurement proposals before Council

Improper use of influence

Business relations

Employment of persons closely connected to Council members

Fairness

Adherence to policies, procedures, bylaws and other laws

Respect for Council as a decision-making body

Communicating on behalf of Council

Interactions of Council with staff and service providers

Respectful interactions

Reprisals

Interpretation

Citation

1 These regulations may be cited as the Code of Conduct for Elected Officials Regulations .

Definitions

2 In these regulations,

“Act” means the Halifax Regional Municipality Charter ;

“code of conduct training” means online training on the Municipality’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 any Council member, including the Mayor;

“investigator” means a person or entity appointed by the Municipality under

subsection 20C(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 of code of conduct

3 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) The Municipality must adopt the model code of conduct on or before December

19, 2024.

(2) The Municipality 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 Council member 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 the Municipality;

(

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) The Municipality must publish an investigator’s contact information on its publicly

accessible website.

(4) The Municipality 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 Council member.

(2) A Council member 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 Council member’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 Council

member’s action or conduct ceases;

(

c) for conduct or a series of actions that is repeated, the date that the Council

member’s last conduct or action in the series occurs.

Complaints during elections

(1) A complaint brought forward during a municipal election period, from nomination

day until ordinary polling day, must not be investigated until the election is

concluded.

(2) An investigation in progress on an election’s nomination day 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 Chief Administrative Officer 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 Chief Administrative Officer that it is dismissed in accordance

with subsection 20C(3) of the Act;

(

b) if the investigator finds that the complaint has merit, the investigator must

(

i) notify the Council member 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 Council 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 20C(2) of the Act to be presented to Council must be presented no later

than 6 months after a complaint is made.

(2) Council may grant an investigator additional time to present a report in exceptional

circumstances, including a delay caused by a municipal election period.

(3) A Council member 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 Council before the Council 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 Council member 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 Council with a recommendation on an

appropriate sanction.

Determinations

13 After receiving the investigator’s report and hearing any submissions from any Council

member who is the subject of the complaint, Council must determine if a breach

occurred and any appropriate sanctions to impose in accordance with Sections 17 and 18.

Conflict of interest—Council member present at meeting

14 If a Council member who is the subject of a complaint or who has made a complaint

under the code of conduct is present at a Council meeting at which the complaint is

discussed, the Council member must

(

a) withdraw from their place as a Council member 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 Council’s determination of a complaint, the Council 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 Council’s determination and any sanction imposed.

Council determination final

16 The Council’s determination regarding a complaint is final and binding on all parties.

Sanctions and Sanction Framework

Sanctions framework

17 Council must consider all of the following criteria before imposing a sanction on a

Council member 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 Council member’s contravention was intentional;

(

d) whether the Council member has taken any steps to remedy the

contravention;

(

e) whether the Council member has previously contravened the code of

conduct;

(

f) any external factors that are relevant to the Council member’s

contravention, including personal issues and health issues;

(

g) the resources necessary to fulfilling the Council member’s responsibilities as

a Council member.

Sanctions for contravention of code of conduct

(1) The sanctions to be imposed by Council under

Section 20D 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 Council member provide a letter acknowledging their

contravention and an apology no later than 15 days after the date the

Council imposes the sanction;

(

c) a requirement that the Council member attend training that is appropriate to

address the action or conduct that contravened the code of conduct;

(

d) a public censure;

(

e) limiting the Council member’s access to certain local government facilities,

equipment or property;

(

f) suspending or removing the Council member as Deputy Mayor of Council

or the chair of any committee;

(

g) suspending or removing the Council member, for a period of no longer than

6 months, from some or all municipal committees or boards;

(

h) limiting the Council member’s participation on behalf of the Municipality;

(

i) limiting the Council member’s travel or expense reimbursement on behalf

of the Municipality;

(

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 Council imposes the sanction;

(

k) reducing the Council member’s remuneration, for a period of no longer than

6 months;

(

l) requiring the Council member to repay any direct monetary loss realized by

the Municipality as a result of the Council member’s contravention, in an

amount determined by the investigator;

(

m) requiring the Council member to repay any direct monetary gain they

obtained as a result of their contravention, in an amount determined by the

investigator.

(2) A Council member who is determined by Council to have contravened the code of

conduct must complete additional code of conduct training.

Schedule “A”—Model Code of Conduct

for the Halifax Regional Municipality

prescribed by the Minister under subsection 383(1) of

Chapter 39

of the Acts of 2008, the Halifax Regional Municipality Charter

Title

1 The title of this code of conduct is the Code of Conduct for Elected Officials of the

Halifax Regional Municipality .

Definitions

2 In this Code, the following

definitions apply:

“Act” means the Halifax Regional Municipality Charter ;

“CAO” means the Chief Administrative Officer;

“closely connected” to a Council member, means any of the following:

(

i) a family member of the Council member,

(ii) an agent of the Council member,

(iii) a business partner of the Council member,

(iv) an employer of the Council member;

“Code” means the Code of Conduct for Elected Officials of the Halifax Regional

Municipality ;

“complaint” means a complaint regarding an alleged breach of the Code;

“confidential information” includes any information in the possession of the

Municipality that the Municipality is prohibited from disclosing pursuant to

legislation, court order or by contract, or is required to refuse to disclose under

Part

XX of the Municipal Government Act or other legislation, or that pertains to the

business of the Municipality and is generally considered to be of a confidential

nature, including information about any of the following:

(

i) the security of the Municipality’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 any Council member, including the Mayor;

“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 the Municipality under

subsection 20C(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

members elected to Council in carrying out their functions and making decisions

that benefit the constituents in the Municipality.

(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 the Municipality.

(3) This Code prevails in any conflict between the Code and any municipal resolution,

policy or bylaw.

Guiding principles

5 All of the following are the guiding principles for Council members’ conduct:

Collegiality : Council members must work together to further the best interests of the

Municipality in an honest and honourable way.

Respect : Council members must demonstrate respect towards one another, the

democratic decision-making process and the role of staff. Council members must not act

in a manner that negatively impacts the Municipality or tarnishes the Municipality’s

reputation.

Integrity : Council members must act lawfully and adhere to strong ethical principles by

prioritizing the Municipality’s interests over individual interests.

Professionalism : Council members must create and maintain an environment that is

respectful and free from all forms of discrimination and harassment, including sexual

harassment. Council members must show consideration for every person’s values, beliefs

and contributions, and support and encourage others to participate in Council activities.

Transparency : Council members must be truthful and open about their decisions and

actions and make every effort to accurately communicate information openly to the

public.

Responsibility : Council members are responsible for the decisions that they make and

must be held accountable for their actions and outcomes. Council members 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 Council member must be truthful and forthright and not deceive or knowingly

mislead Council, the CAO, staff or the public.

(2) A Council member must show respect for chairs of Council meetings, chairs of

committee meetings, colleagues, staff and members of the public that present

during Council meetings or other meetings of the Municipality.

(3) A Council member must adhere to the direction of the chairs of meetings with

respect to rules of procedure.

(4) A Council member must conduct Council business and all duties in an open and

transparent manner, other than for those matters that Council is authorized by law

to carry out in private.

(5) A Council member must not be impaired by alcohol or drugs while attending any

Council meeting or other meeting of the Municipality.

(6) A Council member 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 Council member 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 Council to do so.

(2) A Council member must not use confidential information for personal or private

gain or for the private gain of any other person or entity.

(3) A Council member must not access or attempt to access confidential information

in the custody of the Municipality 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 Municipality.

(4) A Council member 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 Council member 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 Council member;

(

c) sponsorships and donations for community events organized or run by a

Council member or by a third party on behalf of a Council member;

(

d) compensation authorized by the Municipality.

(2) A fee, advance, cash, gift, gift certificate or personal benefit paid or provided to a

person closely connected to a Council member, with the Council member’s

knowledge, is deemed to be a gift to the Council member.

Use of municipal property, equipment and services

(1) A Council member must not use, or request the use of, any municipal 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 Council member is

receiving no special preference in its use;

(

b) it is made available to the Council member in the course of carrying out

Council activities and duties, and is used for purposes connected with the

discharge of municipal duties.

(2) A Council member must not obtain, or attempt to obtain, personal financial gain

from the use or sale of intellectual property developed by the Municipality.

(3) A Council member 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 Council member, or a person closely connected to a Council member, must not

tender on the sale of surplus municipal property, including old or extra equipment.

Building, development, planning, or procurement proposals before Council

10 A Council member must not solicit or accept support in any form from an individual,

group or corporation with any building, development, planning or procurement proposal

before Council.

Improper use of influence

11 A Council member must not use the influence of their office for any purpose other than

for the exercise of their official duties.

Business relations

(1) A Council member must not allow any prospect of their future employment by a

person or entity to affect the performance of their duties to the Municipality.

(2) A Council member must not borrow money from any person who regularly does

business with the Municipality, 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 Council member must not act as an agent of a person or entity before Council or

a committee of Council or any agency, board or committee of the Municipality.

Employment of persons closely connected to Council members

(1) A Council member must not attempt to influence any municipal employee to hire

or promote a person closely connected to the member.

(2) A Council member must not make any decision or participate in the process to

hire, transfer, promote, demote, discipline or terminate any person closely

connected to the member.

Fairness

(1) A Council member must not give special consideration, treatment or advantage to

any individual or entity beyond that which is given to all.

(2) A Council member must not give special consideration, treatment or advantage to

an organization or group because the Council member, or a person closely

connected to the member, is involved with the organization or group.

Adherence to policies, procedures, bylaws and other laws

(1) Council members must adhere to all applicable federal and provincial legislation.

(2) Council members must adhere to the procedures, resolutions, policies and bylaws

of the Municipality.

(3) Council members must adhere to the expense and hospitality policy of the

Municipality.

Respect for Council as a decision-making body

(1) A Council member must abide by, and act in accordance with, any decision made

by Council, whether or not the member voted in favour of the decision.

(2) A Council member must not encourage non-compliance with any legislation,

regulation, bylaw, resolution, policy or procedure.

Communicating on behalf of Council

(1) A Council member, other than the Mayor, must not claim to speak on behalf of

Council unless the Council member is authorized to do so.

(2) The Mayor or an individual designated by Council may speak on behalf of Council

and must make every effort to convey the intent of Council’s decision accurately.

Interactions of Council with staff and service providers

(1) A Council member must respect the role of the CAO as head of the administrative

branch of the Municipality’s government and must not involve themselves directly

in the administration of the affairs of the Municipality, including, without

limitation, the administration of contracts.

(2) A Council member must not direct, or attempt to direct, the CAO, other than

through a direction provided by the Council as a whole.

(3) A Council member must be respectful of the role of the CAO and municipal

employees to advise based on political neutrality and objectivity and without undue

influence from any individual member or group of the Council.

(4) A Council member must not direct or influence, or attempt to direct or influence

any municipal employees in the exercise of their duties or functions, unless

Council as a whole provides direction regarding the same.

(5) A Council member must not direct municipal employees except through the CAO.

(6) A Council member must not issue instructions to any of the contractors, tenderers,

consultants or other service providers to the Municipality.

(7) A Council member must not require or request that a municipal employee

undertake personal chores or tasks for the member that are unrelated to municipal

business.

(8) A Council member must not make public statements that are critical of specific or

identifiable municipal employees or service providers.

Respectful interactions

(1) A Council member must not engage in discrimination or harassment as prohibited

by the Human Rights Act .

(2) A Council member must not sexually harass any person.

(3) A Council member 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 Council member 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 Elected Officials Regulations

N.S. Reg.

218/2024

Halifax Regional Municipality Charter

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 Elected Officials Regulations made

under the Halifax Regional Municipality Charter includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

218/2024

Oct 20, 2024

date specified

Nov 1, 2024

68/2025

Apr 1, 2025

date specified

Apr 18, 2025

211/2025

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. 68/2025

5A .....................................................

ad. 68/2025

5 A( 2) ...........................................

am.

211/2025

6 ........................................................

rs . 211/2025

7 ........................................................

rs . 211/2025

13 ......................................................

am. 211/2025

18(1)(g) .............................................

am. 211/2025

18(1)(k) .............................................

am. 211/2025

Schedule “A”

2, defn . of “confidential

information”, subclause (ix) .................................

am. 211/2025 2

18(4) .................................................

am. 211/2025

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.

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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 218/2024
Date2024-01-01
Typeregulation
Volume / chapterjust regulations regs codeofconducthrm.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier70aaf0b70cb09eba6ef8105561fd9b7b678e4a0c

Source file is stored in the law ingest library (htm).