Nova Scotia Regulation 172/2026, known as the Order Criteria and Factors Regulations, establishes the framework the Minister of Municipal Affairs must follow when considering orders to extend or alter urban service areas within the Halifax Regional Municipality (HRM). The regulation provides clearer guidance on when provincial intervention may be used to modify urban service boundaries and identifies the public policy priorities that must be considered before such decisions are made.

The regulation is intended to support strategic municipal growth planning by linking potential urban service area changes to broader provincial objectives. Under section 223B of the Halifax Regional Municipality Charter, the Minister has authority to issue orders that extend or alter an urban service area. Regulation 172/2026 establishes the criteria and factors that must guide the exercise of that authority, creating a more structured decision-making process.

Before issuing an order, the Minister must assess whether the proposed extension or alteration is connected to specific provincial priorities. The first consideration is whether the change would materially increase housing supply.

The Minister must also consider whether a proposed urban service area change would support employment growth. Expanding or adjusting urban boundaries may be viewed as a tool to enable new commercial, industrial, or institutional developments that contribute to job creation and economic expansion.

Another factor is whether the change would remove barriers to significant economic development opportunities. This criterion allows consideration of situations where existing urban service boundaries may limit investment, infrastructure planning, or the development of strategically important projects. By including this factor, the regulation recognizes that land availability and servicing boundaries can influence economic competitiveness and regional development.

The fourth consideration is whether the proposed order advances provincial population growth objectives. Nova Scotia has pursued ambitious population growth targets, and the regulation connects urban planning decisions with broader demographic and economic strategies.

However, the regulation places limits on when the Minister may issue an order. An order cannot be made unless the proposal originates from an approved public authority. Eligible proponents include the Halifax Regional Municipality itself, a provincial government department, a Crown agency, or another provincial authority. This requirement ensures that changes are initiated through recognized governmental processes rather than through private requests or unsupported proposals.

Nova Scotia (172/2026) July 22, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.