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Title
1 The title of this code of conduct is the Code of Conduct for Elected Officials of the
Town of Truro
Definitions
2 In this Code, the following definitions apply:
"Act" means the Municipal Government Act;
"CAO" means chief administrative officer;
"clerk" means the clerk of the municipality;
"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 Town of Truro;
"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 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,
Town of Truro - Policy & Procedure Manual
Subject:
Code of Conduct for Elected Officials of the Town of Truro
Policy Number:
P170-003
Approval Date:
December 2, 2024
Departments:
Council
(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;
"council" means the council of the municipality;
"discrimination" has the same meaning as in the Human Rights Act;
"elected official" means any council member, including the mayor or warden;
"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 municipality under subsection
23C(1) of the Act to receive and investigate complaints;
"mayor" means the council member elected at large to be the chair of the council;
"municipality" means the regional municipality, town or county or district municipality,
except where the context otherwise requires;
"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;
"warden" means the council member chosen by the council to be the chair of the council.
General purpose
3 (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 their municipality.
(2) Nothing in this Code is intended to prevent elected officials from sharing or
expressing dissenting opinions.
Interaction with laws and policies
4 (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 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
6 (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
7 (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
8 (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
9 (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
12 (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
13 (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
14 (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
15 (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
16 (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
17 (1) A council member, other than the mayor or warden, must not claim to speak
on behalf of council unless the council member is authorized to do so.
(2) The mayor, warden 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
18 (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 or clerk
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 is fulfilling the responsibilities of the CAO under clause 29(a) of the Act, and
unless council as a whole has provided direction regarding [the] same.
(5) If a CAO has been appointed under Section 28 of the Act, a council member
must not direct municipal employees except through the CAO.
(6) Contractors, tenderers, consultants or other service providers to the
municipality must not be issued instructions by council members
(a) if a CAO has been appointed under Section 28 of the Act; or
(b) unless council is fulfilling the responsibilities of the CAO under clause
29(a) of the Act and council as a whole has provided direction regarding [the] same.
(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
19 (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.
Appendix A: Recommended Prescribed Code of Conduct
The recommended prescribed code of conduct would be applicable to all municipalities and
villages with separate codes being developed to reflect the difference in terminology (e.g. village
versus municipality, Chief Administrative Officer versus Clerk).
Code of Conduct shall apply to elected officials from the time that they are declared elected
until:
a) their resignation;
b) their disqualification while in office; or
c) their successor is sworn into office, or, if there is no successor, until the meeting at which
the successor would have been sworn into office if there was a successor
The guiding principles to be included are:
a. Collegiality - members of council will work together to further the best interests of
the municipality in an honest and honourable way.
b. Respect - members of council will demonstrate respect towards one another, the
democratic decision-making process, and the role of staff.
c. Integrity - members of council are expected to act lawfully and adhere to strong
ethical principles by giving the municipality or village interests priority over private
individual interests.
d. Professionalism - members of council will create and maintain an environment
that is respectful and free from all forms of harassment, including sexual
harassment and discrimination. They must show consideration for every person's
values, beliefs and contributions, and supporting and encouraging others to
participate in council activities.
e. Transparency - members of council will be truthful and open regarding their
decisions and actions and make every effort to accurately communicate
information openly to the public.
f. Responsibility - members of council are responsible for the decisions that they
make and must be held accountable for their actions and outcomes. They must
demonstrate awareness of their own conduct and consider how their words or
actions may be perceived as offensive or demeaning.
General Conduct
- Members of Council must be truthful and forthright, and not deceive or knowingly
mislead Council, the CAO, or the public.
- Members of Council will respect the presiding officers, colleagues, staff and
members of the public that present during the council meeting or other
proceedings/meetings of the municipality.
- Members of Council will adhere to procedure and direction of presiding officers in
respect to rules of procedure.
- Members of Council must conduct Council business and all of the member's duties
in an open and transparent manner, other than for those matters which Council is
authorized by law to deal with in private.
- Members of Council must ensure that they are not impaired by alcohol or drugs
while attending any meeting of the municipality.
Confidential Information
-
No Member of Council will disclose or release by any means to any member of the
public, any confidential information acquired by virtue of their office, in either oral or
written form, except where required by policy or law or authorized by the Council to
do so.
-
No Member of Council will use confidential information for personal or private gain
or for the gain of any other person or entity.
- Members of Council should 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
by-laws or policies of the Municipality.
-
Members of council must not discuss any matters relating to an active investigation
under this Code of Conduct with anyone other than the investigator or their own
legal representative, unless required by law.
Gifts and Benefits
- No Member of Council shall 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, except for the following:
i.
gifts or benefits that normally accompany the responsibilities of office and
are received as an incident of protocol or social obligation;
ii.
a suitable memento of a function honouring the member of Council;
iii.
sponsorships and donations for community events organized or run by a
member of Council or by a third party on behalf of a member of Council;
iv.
compensation authorized by the municipality.
- A fee or advance paid, or a gift or benefit provided, with the Member's knowledge, to
a person closely connected to a member is deemed to be a gift to the Member of
Council.
Use of Municipal Property, Equipment and Services
- No Member of Council shall use, or request the use of, any municipal property,
including surplus material or equipment for personal convenience or profit, unless
the property is:
i.
available for such use by the public generally and the member of Council is
receiving no special preference in its use; or,
ii.
made available to the member of Council in the course of carrying out council
activities and duties.
- No Member of Council shall use, or request the use of, for personal purpose any
municipal property, equipment, services, supplies or other municipally-owned
materials, other than for purposes connected with the discharge of municipal duties.
- No Member of Council shall obtain, or attempt to obtain, personal financial gain from
the use or sale of municipally-developed intellectual property.
- No Member of Council shall use information, or attempt to use information, gained in
the execution of their duties that is not available to the general public for any
purposes other than carrying out their official duties.
- No Member of Council, or person closely connected to a member, shall tender on
such items such as the sale of older and extra equipment.
Building, Development, Planning, or Procurement Proposals before Council
- No Members of Council shall 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
- No Member of Council shall use the influence of their office for any purpose other
than for the exercise of their official duties.
Business Relations
- No Member of Council shall allow the prospect of their future employment by a
person or entity to affect the performance of their duties to the municipality.
- No Member of Council shall borrow money from any person who regularly does
business with the municipality, unless such person is an institution or company
whose shares are publicly traded and who is regularly in the business of lending
money.
- No Member of Council shall 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 Members of Council
- No Member of Council shall attempt to influence any municipal employee to hire or
promote a person closely connected to the member.
- No Member of Council shall make any decision or participate in the process to hire,
transfer, promote, demote, discipline or terminate any person closely connected to
the member.
Fairness
- No Member of Council shall give special consideration, treatment or advantage to
any individual or entity beyond that which is accorded to all.
- No Member of Council shall give special consideration, treatment or advantage to an
organization or group due to the member or person closely connected to the
member being involved with or a member of the organization or group.
Adherence to Policies, Procedures, Bylaws and Other Laws
- Members of Council will adhere to the Code of Conduct.
- Members of Council will adhere to the applicable national and provincial legislation.
- Members of Council will adhere to the procedures, policies and bylaws of the
municipality.
- Members of Council will adhere to the expense and hospitality policy of the
municipality.
Respect for Council as a decision-making body
- A Member of Council must abide by and act in accordance with any decision made
by Council, whether or not the member voted in favour of the decision.
- Members of Council must not encourage non-compliance with a statute, regulation,
bylaw, policy or procedure.
Communicating on behalf of Council
- A Member, other than the Mayor/Warden, must not claim to speak on behalf of
Council unless the member has been authorized to do so.
- The Mayor/Warden/designated individual may speak on behalf of Council and must
make every effort to convey the intent of Councils' decision accurately.
Interactions of Council with Staff and Service Providers
- Members of Council must respect the role of the CAO as head of the administrative
branch of government of the municipality and must not involve themselves directly in
the administration of the affairs of the municipality, including, without limitation, the
administration of contracts.
- No Member of Council shall direct, or attempt to direct, the CAO, other than through
a direction provided by the Council as a whole.
- Members of Council shall be respectful of the role of CAO and municipal employees
to advise based on political neutrality and objectivity and without undue influence
from any individual member or faction of the Council.
- Members of Council must not direct or influence, or attempt to direct or influence any
municipal employees in the exercise of their duties or functions.
- Council cannot direct municipal employees except through the CAO.
- Members of Council are not to issue instructions to any of the contractors, tenderers,
consultants or other service providers to the municipality.
- No Member of Council shall require or request that a municipal employee undertake
personal chores or tasks for the Council member unrelated to municipal business.
- Members of council shall refrain from making public statements that are critical of
specific and/or identifiable municipal employees and/or service providers.
Respectful Interactions
- A Member of Council must not engage in discrimination or harassment on the
grounds articulated in the Human Rights Act of Nova Scotia.
- A Member of Council must not sexually harass any person.
- A Member of Council must not engage in any discriminatory or harassing action or
conduct, verbal or non-verbal, directed at one or more individuals or groups that
creates a poisoned environment.
Reprisal
- A Member must not undertake any act of reprisal or threaten reprisal against a
complainant in a matter under this Code of Conduct or any person providing relevant
information in relation to a matter under this Code of Conduct.
Appendix B: Recommended Sanctions Framework and Possible Sanctions to be
imposed
Sanctions Framework:
A Council or Commission shall consider all of the following criteria prior to imposing a sanction
or sanctions:
1. The nature of the code contravention;
2. The length or persistence of the code contravention;
3. If the member intentionally contravened the code of conduct;
4. Has the member taken any steps to remedy the contravention;
5. If the member previously contravened the code of conduct;
6. Any external factors that exist to the member's contravention (e.g. family situation,
mental health); and
7. The resources the member will need to complete their job.
Sanctions:
1. Member will receive a letter of formal reprimand or warning, as directed by council.
2. Member will issue a letter to include acknowledgement of breach of code and an
apology within 15 days.
3. Require the member to attend training, appropriate to the incident, as directed by
council.
4. Censure the member publicly.
5. Limit the member's access to certain local government facilities, equipment and/or
property.
6. Suspending or removing the member as deputy head of council and/or the chair of a
committee, if applicable.
7. Suspending or removing the member for no longer than 6 months from some or all
committees and/or boards.
8. Impose a limit on the member's participation on behalf of the municipality.
9. Impose a limit on the member's travel and/or expense reimbursement on behalf of the
municipality.
10. Impose a fine on the member for up to $1,000 per occurrence, which is to be paid no
later than 6 months from the decision of council and to be collected in the same manner
as other taxes.
11. Impose an appropriate reduction in remuneration to the member for no longer than 6
months.
12. Make member repay any direct monetary loss realized by the municipality as a result of
the member's action in any amounts determined by the investigator.
13. Make member repay any direct monetary gain they obtained from their actions in any
amounts determined by the investigator.
Appendix C: Recommended Complaint and Investigator Process
1. Municipality or village will appoint a person or entity other than a Council Member
or an employee of the municipality to receive and investigate complaints.
a. The person or entity appointed must have experience in conducting
investigations and in applying the principles of natural justice and
procedural fairness. No conflict of interest can exist between the
investigator and the parties involved.
b. Municipalities must include the investigator's contact information on their
publicly accessible website.
2. A complaint must be submitted to the investigator no later than 6 months from
discoverability.
a. Any complaints brought forward during the municipal election period of
nomination day until ordinary polling day will not be investigated until the
election has concluded.
3. When a complaint is received by the investigator, the investigator shall notify the
CAO/clerk of the fact that a complaint has been received.
4. Investigator will determine if there is validity to the complaint. If no validity, then
complaint can be dismissed.
5. If the investigator finds that the complaint is valid, the investigator shall notify the
member who is the subject of the complaint that a complaint has been made
about them, and it is proceeding to an investigation.
6. The investigator will begin their investigation and notify Council/the Commission
through a confidential email or in camera of the fact that a complaint is
proceeding to the investigation phase.
7. The investigator shall protect the confidentiality of the complainant, the subject(s)
of the complaint, and all persons involved in the investigation, to the greatest
extent possible, while still applying the principles of natural justice and ensuring
procedural fairness.
8. The investigator shall present a report to Council, no later than 6 months from the
time the complaint is brought forward, on the investigation and include a
recommendation regarding the validity of the complaint and, if applicable, a
recommendation regarding an appropriate sanction.
a. If complaint is brought forward during the municipal election period of
nomination day until ordinary polling day it will not be investigated until the
election has concluded. Investigations already in progress at the time of
nomination day will continue;
b. Council may grant the investigator an extension on when the report can be
brought to council for extenuating circumstances, including a delay during
a municipal election period;
c. Council is able to discuss the investigators report in camera; and
d. The member who had the complaint lodged against them will have the
opportunity to review and respond to the information in the investigator's
report, and make submissions to Council, prior to the Council's vote.
9. Council determines if a breach occurred and determines the sanction(s) to
impose. If a councillor is the subject of the complaint or has made the complaint
under the Code the councillor shall:
a. In the case of a closed meeting, leave the room in which the meeting is
held
b. In the case of a public meeting, either leave the room or remain in the
room in the part of the room for general public; and
c. Refrain from voting on any question relating to the matter
10. Any breach of the code determined by councils shall automatically retrigger the
required Code of Conduct training.
11. The section under the Code of Conduct the complaint was lodged and the
investigators recommendations are made public.
12. The decision or penalty of Council/Commission on a Code of Conduct matter is
final and binding on all parties.