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Part II .

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Ministerial CSAP Act Regulations

made under

Section 65 of the

Conseil scolaire acadien provincial Act

S.N.S. 2023, c. 10

N.S. Reg. 175/2024 (effective August 15, 2024)

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 .

Citation

Definitions

Form of oath of office for Conseil member

Appeal of censure

Mandatory content for procedural bylaw

Mandatory content for code of ethics

Report on salaries and expenses

Financial management system

Schedule A: Conseil Member Oath of Office

Schedule B: Mandatory Provisions for Procedural Bylaw

Member leaving meeting early

Quorum

Motion to censure a Conseil member

Schedule C: Mandatory Provisions for Code of Ethics

Code of ethics supplements law

Treatment of other members

Confidentiality of information

Citation

1 These regulations may be cited as the Ministerial CSAP Act Regulations .

Definitions

2 In these regulations,

“Act” means the Conseil scolaire acadien provincial Act ;

“adjudicator” means an adjudicator appointed to hear an appeal from a decision of

the Conseil to censure a member;

“appeal” means an appeal to an adjudicator made under subsection 31(2) of the

Act;

“member” means a member of the Conseil scolaire acadien provincial;

“Minister” means the Minister of Education and Early Childhood Development.

Form of oath of office for Conseil member

3 The oath of office prescribed for subsection 27(1) of the Act for a member is the oath of

office set out in

Schedule A.

Appeal of censure

(1) A member making an appeal must deliver a notice of appeal in writing to both the

Conseil and the Minister no later than 20 days after the date of the Conseil decision

to censure.

(2) On receiving a notice of appeal under subsection (1), the Minister must appoint an

adjudicator who is a practising member, in good standing, of the Nova Scotia

Barristers’ Society to hear the appeal.

(3) An adjudicator must be paid any remuneration and reimbursement of expenses the

Minister determines.

(4) During the hearing of an appeal, an adjudicator must give both the Conseil and the

member who has been censured an opportunity to be heard.

(5) No later than 30 days after the last day of the appeal hearing, an adjudicator must

sign their decision and deliver a copy of the decision and the reasons for decision

to all of the following:

(

a) the member who appealed the censure;

(

b) the Conseil;

(

c) the Minister.

Mandatory content for procedural bylaw

5 A bylaw regulating the proceedings of the Conseil and providing for the preservation of

order at its meetings required by subsection 36(1) of the Act must contain, at a

minimum, the provisions set out in

Schedule B, or provisions to like effect.

Mandatory content for code of ethics

6 A code of ethics required by clause 12(al) of the Act must contain, at a minimum, the

provisions set out in

Schedule C.

Report on salaries and expenses

(1) The Conseil must report and publish annually the totals of all payments made by

the Conseil to or on behalf of its employees as required by the Public Sector

Compensation Disclosure Act .

(2) The Conseil must report and publish annually the totals of all payments made by

the Conseil to or on behalf of its members, including all of the following:

(

a) honoraria, stipends, allowances and other compensation as defined in the

Public Sector Compensation Disclosure Act ;

(

b) payments for expenses, including expenses related to travel, conferences,

meetings and professional development seminars;

(

c) the name of the member;

(

d) the amount of payment provided, directly or indirectly, to or for the benefit

of the member.

(3) A copy of the report under subsection (2) must be made available at the office of

the Conseil for inspection by the public and must be posted annually on the

Conseil’s website and remain available for inspection or posted for a minimum

period of 7 years.

Financial management system

8 The Financial Handbook, as prescribed by the Minister from time to time, is approved as

the financial management system respecting estimates, bookkeeping and accounting to

be adopted by the Conseil, and the form of and the manner in which all estimates, books

of account, registers, records, vouchers, receipts and other books and documents relating

to the assets, liabilities, revenues and expenditures of the Conseil must be kept, and the

manner in which all of its funds and moneys must be accounted for.

Schedule A: Conseil Member Oath of Office

(subsection 27(1) of the Conseil scolaire acadien provincial Act )

I, (full name of member), (swear or affirm)

• that I am not disqualified under any law from being a member of the Conseil scolaire

acadien provincial, and if I become disqualified during my term of office, I will

immediately notify the secretary of the Conseil scolaire acadien provincial

• that I will truly, faithfully, impartially and to the best of my ability execute the duties of

my office of as a member of the Conseil scolaire acadien provincial

• that I have not received, and I will not receive, any payment or reward or promise of

payment or reward for the exercise of any partiality or other undue execution of the

duties of my office as a member of the Conseil scolaire acadien provincial

• that I will disclose any pecuniary interest, direct or indirect, as required by and in

accordance with the Municipal Conflict of Interest Act

• that I will abide by and duly observe the provisions of the code of ethics and the

procedural bylaw adopted by the Conseil scolaire acadien provincial.

Sworn (or affirmed) at ________________________________

in the County/Regional Municipality of___________________

on _______________________, 20___,

before me

__________________________________

Judge/Justice of the Peace

Schedule B: Mandatory Provisions for Procedural Bylaw

(subsection 36(1) of the Conseil scolaire acadien provincial Act )

Member leaving meeting early

(1) A Conseil member must not leave a meeting before the meeting ends without doing one

of the following:

(

a) informing the Chair or the Secretary before the meeting begins that they plan to

leave early;

(

b) obtaining permission from the Chair during the meeting to leave early;

(

c) obtaining a resolution from the Conseil during the meeting permitting them to

leave early.

(2) A Conseil member who leaves a meeting early without meeting the requirements of

subsection (1) is considered to be absent without reasonable excuse for the entire Conseil

meeting and the absence is deemed to be an absence for the purposes of

Section 30 of

the Conseil scolaire acadien provincial Act .

Quorum

(3) If a quorum is lost during a meeting, the Chair must direct that the Conseil stand in

recess for 15 minutes, after which the Chair must call the meeting back to order and the

Secretary must record the names of any members who fail to return to the meeting

without meeting the requirements of subsection (1).

(4) A Conseil member who leaves a meeting without meeting the requirements of

subsection (1) must not be counted in the number of eligible voters to determine a

quorum for the remainder of the meeting.

(5) If a quorum cannot be established 15 minutes after the Conseil recesses because of a loss

in quorum, the Chair must adjourn the meeting.

Motion to censure a Conseil member

(6) A motion to censure a Conseil member is a main motion that is debatable and

amendable and requires a majority 2/3 vote of all members of the Conseil, but the

motion may not be reconsidered.

(7) A motion to censure a Conseil member must be debated in camera and voted on in

public.

(8) A motion for censure must be in writing and signed by the members who moved and

seconded the motion, and must include all of the following:

(

a) a statement of all of the following:

(

i) the alleged violation of the Conseil’s code of ethics,

(ii) the specific grounds for the allegation,

(iii) the proposed censure under subsection 31(1) of the Conseil scolaire acadien

provincial Act ;

(

b) any supporting documentation.

(9) To include a motion for censure on the agenda for a regular meeting, a Conseil member

must submit the motion to the Secretary at least 7 days before the date of the meeting.

(10) The Secretary must immediately deliver the motion to the Conseil member who is the

subject of the motion for censure.

(11) A Conseil member who is the subject of a motion for censure may provide a written

response to the notice of motion and the Secretary must distribute the response to the

other members of the Conseil before the regular meeting at which the motion is to be

considered.

(12) A Conseil member who is the subject of a motion for censure has the right to speak to

the motion when the motion for censure is under debate.

(13) During the debate of a motion to censure, a Conseil member may bring a motion to

extend the time limits of debate that are otherwise prescribed for debates in a procedural

bylaw, and the motion requires a majority 2/3 vote of all members present.

(14) The Chair or the Vice-Chair must relinquish the chair to another member of the Conseil

in any of the following circumstances:

(

a) when the Chair or the Vice-Chair is the subject of a motion for censure;

(

b) to participate in the debate of a motion for censure;

(15) A Conseil member who is the subject of a motion for censure may vote on the motion.

(16) The presiding member must call a roll call vote for a motion for censure.

(17) The minutes of a meeting at which a Conseil member is censured under subsection 31(1)

of the Conseil scolaire acadien provincial Act must contain all of the following

information:

(

a) the full name of the Conseil member being censured;

(

b) the nature of the censure;

(

c) the reasons for the censure.

Schedule C: Mandatory Provisions for Code of Ethics

(clause 12(al) of the Conseil scolaire acadien provincial Act )

Code of ethics supplements law

(1) This Code of Ethics operates along with and as a supplement to existing Provincial

statutes governing the conduct of Conseil members, including all of the following:

• the Conseil scolaire acadien provincial Act ,

• the Municipal Conflict of Interest Act ,

• the Municipal Elections Act ,

• the Freedom of Information and Protection of Privacy Act .

(2) The Criminal Code (Canada) also governs the conduct of Conseil members.

Treatment of other members

(3) A Conseil member must show respect for others in their verbal and non-verbal language

and work with fellow Conseil and staff members in a spirit of co-operation, regardless of

personal differences of opinion, treating all with courtesy and respect and encouraging

the free exchange of diverse views.

(4) A Conseil member must not pursue any procedure calculated to embarrass another

Conseil or staff member.

Confidentiality of information

(5) A Conseil member must respect the strict confidentiality of any private information

acquired by virtue of their office, in either oral or written form, and must not do any of

the following, except when required by law or authorized by the Conseil to do so:

(

a) disclose the information by any means to any person other than another member of

the Conseil;

(

b) use the information for personal or other gain.

(6) In subsection (5), “private information” includes all of the following:

(

a) information in the possession of the Conseil or a Conseil member that the Conseil

or the Conseil member is either prohibited from disclosing or is required to refuse

to disclose under the Freedom of Information and Protection of Privacy Act or

other legislation, including personal information and information that is supplied in

confidence as those terms are used in the Freedom of Information and Protection

of Privacy Act ;

(

b) information relating to the content or the substance of deliberations of any matter

that will be discussed or has been discussed at a private meeting held under

subsection 37(2) of the Conseil scolaire acadien provincial Act , unless the

information has been discussed at a meeting that was open to the public or the

information has been released to the public.

Legislative History

Reference Tables

Ministerial CSAP Act Regulations

N.S. Reg.

175/2024

Conseil scolaire acadien provincial 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 Ministerial CSAP Act Regulations made

under the Conseil scolaire acadien provincial Act includes all

of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

175/2024

Aug 15, 2024

date specified (date the Act was proclaimed in force)

Aug 23, 2024

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

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

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.