As of winter 2024, Council was required to adopt a code of conduct which they would be held accountable. The Town of Pictou council opted to adopt the model code of conduct prepared by the Province of Nova Scotia. The Code of Conduct can be found here: https://novascotia.ca/just/regulations/regs/codeofconducthrm.htm
The principles that Council are held include:
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 are 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, 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
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, 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
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.
Conflict of Interest
Another topic that is often discussed with Code of Conduct is Conflict of Interest. The Province of Nova Scotia has an act to held guide municipal governments: https://nslegislature.ca/sites/default/files/legc/statutes/conflict%20of%20interest.pdf
In summary:
Conflict of interest
22 (1) In this Section, “private interest” does not include an interest in a matter that
(a) is of general public application;
(b) affects a public employee as one of a broad class of persons;
(c) concerns the remuneration, allowances and benefits of a public employee; or
(d) is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence a public employee.
(2) A public employee shall not act in such a way as to create a conflict of interest contrary to this Act.
(3) A public employee shall not use information acquired in the execution of the office of the public employee that is not available to the general public in order to further a private interest.
(4) Where a public employee is at a meeting at which consideration of a decision arises in the execution of the office of the public employee and knows or ought to know that the decision could result in
the furthering of a private interest, the public employee shall
(a) inform the meeting that the decision could result in a personal benefit to the public employee and the general nature of that benefit;
(b) withdraw from the meeting; and
(c) refrain from participating in or influencing the decision,
and the secretary of the meeting shall make a record of the information given and the withdrawal.
More Information
If you would like more information on the items above, please feel free to contact the Town's CAO: kyle.slaunwhite@townofpictou.ca
Breach
If you believe that a councillor has breached either the Code of Conduct or Conflict of Interest Act, please contact the Town's investigator: nmartin@bwbllp.ca
