On October 15, 2024, the Minister of Municipal Affairs and Housing for the Province of Nova Scotia, introduced N.S. Reg. 218/2024 under the Halifax Regional Municipality Charter, specifically under subsection 383(1). This regulation establishes a framework for a code of conduct for elected officials within the Halifax Regional Municipality, ensuring compliance with the Halifax Regional Municipality Charter. The regulation outlines provisions for the creation, adoption, and enforcement of a code of conduct for elected officials, such as members of the municipal council and the Mayor. The regulation becomes effective on October 20, 2024.

The regulation applies to all elected officials, including Council members and the Mayor, at all times and in all locations, from the time an official is declared elected until they resign, are disqualified, or a successor is sworn into office. The Halifax Regional Municipality is required to adopt the prescribed model code of conduct by December 19, 2024, and must notify the Minister of its adoption by this same date.
The appointed investigator must possess the necessary experience to conduct investigations with fairness and in accordance with principles of natural justice. The Municipality is required to ensure no conflicts of interest exist for the investigator, and the investigator’s contact information must be publicly available. Confidentiality is a key principle in the investigation process, with the investigator required to protect the confidentiality of all parties involved to the greatest extent possible. Investigation reports must be completed and presented to Council within six months of the complaint being made, with allowances for extensions in exceptional circumstances, such as during election periods.

Once the investigator’s report is received, the Council must assess whether a breach of the code occurred and determine the appropriate sanctions. The final determination by Council is binding and non-appealable. Council members involved in the complaint must recuse themselves from discussions and votes related to the matter. The regulation provides a comprehensive framework for sanctions in the case of a breach, including formal reprimands, public censures, suspensions, removal from committees, limitations on the use of municipal facilities, and financial penalties.

After the Council has determined whether a breach occurred and any sanctions, a public record must be maintained, which includes the investigator’s recommendations and the Council’s decision. This ensures transparency in the process, making it accessible to the public and promoting accountability. Additionally, the regulation includes a model code of conduct prescribed by the Minister, which outlines the behavioral expectations and ethical standards for officials.

By setting clear guidelines for ethical behavior, creating a transparent process for addressing complaints, and defining sanctions for violations, the regulation aims to foster integrity and accountability in municipal governance. It provides the Municipality with the tools necessary to address misconduct effectively while ensuring due process and fairness for all parties involved.

Nova Scotia (218/2024) November 1, 2024