BILL NO. 206
(as introduced)
1st Session, 65th General Assembly
Nova Scotia
4 Charles III, 2026
Private Member's Public Bill
Conflict of Interest and Integrity Act
The Honourable Becky Druhan
Lunenburg West
First Reading: February 26, 2026
Second Reading:
Third Reading:
An Act to Avoid Conflict of Interest
by Members of the House of Assembly,
Members of the Executive Council
and Public Employees
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Conflict of Interest and Integrity Act.
2 The purpose of this Act is to ensure that members and public employees
(a) perform their duties and functions of office and arrange their private affairs in a manner that promotes public confidence and trust in the integrity of each member and public employee, maintains the House of Assembly's dignity and justifies the respect in which society holds the House of Assembly and its members; and
(b) avoid conflict of interest and do not, in order to further private interests, take advantage of their official positions or of information obtained in the course of their official duties that is not available to the public.
"Commissioner" means the Integrity Commissioner appointed under this Act or the Conflict of Interest Commissioner appointed under the former Act;
"department" means any department, board, commission, foundation, agency, association or other body of persons, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which
(a) are appointed by an Act of the Legislature or by order of the Governor in Council; or
(b) where not so appointed, in discharge of their duties are public officers or servants of the Crown in right of the Province or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown;
"dependent child" means a child who is under the age of majority or, although over the age of majority, unable, by reason of illness, disability or other cause, to withdraw from the charge of the person's parents or provide for the child's reasonable needs on the child's own;
"disclosed asset" means an asset required to be disclosed;
"disclosed liability" means a liability required to be disclosed;
"former Act" means Chapter 35 of the Acts of 2010, the Conflict of Interest Act;
"immediate family" of a member means the member's spouse, parents, children, siblings, grandparents and grandchildren;
"individual or organization" means an individual, partnership, organization or corporation, or subsidiary of a corporation, and, for greater certainty, includes a union;
"member" means, unless the context otherwise requires, a member of the House of Assembly, and includes a minister;
"minister" means a member of Executive Council;
"ministerial assistant" means a ministerial assistant appointed in accordance with the Executive Council Act;
"payment" includes remuneration, reimbursement for expenses, an advance, a deposit, a contribution, a gift in excess of $250 and a loan;
"private interest" does not include an interest in a matter that
(a) is of general application;
(b) affects a member as one of a broad class of persons;
(c) concerns remuneration, allowances and benefits of a member as a member; or
(d) is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member;
"public employee" means a person employed by a department, and includes a member of the board of directors or the board of management of a department;
"recognized party" means a recognized party within the meaning of the House of Assembly Act;
"spouse" of an individual means
(a) another individual who is cohabiting with that individual in a conjugal relationship as a married spouse;
(b) a registered domestic partner of the individual; or
(c) an individual who is cohabiting with the individual in a conjugal relationship for a period of at least one year as common-law partners.
4 (1) Upon consultation with the leaders of the recognized parties and subject to the approval of the House of Assembly, the Governor in Council shall appoint a person to be the Integrity Commissioner.
(2) The Commissioner is an officer of the House of Assembly.
(3) The Commissioner holds office for a term of not more than five years but may be reappointed.
(4) The Commissioner may resign at any time by giving written notice to the Speaker of the House of Assembly.
(5) The Commissioner may be removed or suspended before the end of the term of office by the Governor in Council on the recommendation of the House of Assembly for cause or incapacity.
5 (1) The Governor in Council may appoint an acting Commissioner if the office of the Commissioner becomes vacant
(a) during a sitting of the House of Assembly and the Assembly does not determine whether or not to give approval under Section 4 before the end of the sitting; or
(b) while the House of Assembly is not sitting.
(2) The acting Commissioner holds office until a new Commissioner is appointed.
(3) Where the Commissioner is unable to act because of illness, the Governor in Council may appoint an acting Commissioner who holds office until the Commissioner is again able to act or until the office becomes vacant.
(4) An acting Commissioner shall carry out the duties and functions, and may exercise the powers, of the Commissioner.
6 The Commissioner shall be paid such remuneration and allowances as are determined by the Governor in Council.
7 For the purpose of exercising jurisdiction under this Act, the Commissioner has all the powers, privileges and immunities of a commissioner appointed under the Public Inquiries Act and may establish rules of procedure for the purpose of this Act.
OF THE HOUSE OF ASSEMBLY
8 (1) Every member shall file with the Commissioner in accordance with this Act
(a) a disclosure statement respecting the member; and
(b) where the member has a spouse or dependent children, a separate disclosure statement respecting the member's spouse and dependent children.
(2) A member shall file the disclosure statements
(a) within 30 days of becoming a member; and
(b) in each year thereafter, on or before June 30th.
(3) Where a member acquires a spouse after becoming a member, the member shall file a disclosure statement respecting the member's spouse and dependent children within 90 days of acquiring the spouse.
(4) Where at any time after a disclosure statement is filed a member or the member's spouse or dependent child acquires or disposes of an asset or liability that is required to be disclosed under this Act, or there is any other material change to the information required to be disclosed by this Section, the member shall file an amended disclosure statement within 90 days of that change.
9 (1) After filing a disclosure statement or an amended disclosure statement, a member shall, on the request of the Commissioner, meet with the Commissioner to ensure that adequate disclosure is made and to obtain any advice about the member's obligations under this Act.
(2) The member's spouse may attend the meeting with the Commissioner under subsection (1) and may otherwise seek the Commissioner's advice.
10 When reviewing a member's draft disclosure statement, the Commissioner may request any additional information that the Commissioner requires and the member shall comply with the Commissioner's request.
11 A member shall not knowingly give false or misleading information in a statement required to be filed under this Act.
12 (1) The Commissioner shall make every disclosure statement under clause 8(1)(a), or disclosure statement in amendment of it, readily available to the public by ensuring that the disclosure statement and any amended disclosure statements are published as soon as practical on a public website and by any other means that the Commissioner considers appropriate.
(2) Notwithstanding subsection (1), the Commissioner shall not disclose on a public website any information respecting a member's
(b) residential telephone number;
contained in a disclosure statement under clause 8(1)(a) or a disclosure statement in amendment of it.
(3) Any person may obtain a copy of a disclosure statement under clause 8(1)(a), or disclosure statement in amendment of it, without payment of any fee.
13 (1) In this Section, "subsidiary corporation" means a subsidiary corporation as defined in the Income Tax Act (Canada) and includes affiliated corporations as defined in that Act.
(2) The appropriate disclosure statement must disclose
(a) the name of every individual or organization that in any manner whatsoever remunerates or contributes to the member or the member's spouse or dependent children and includes any reimbursement for expenses made to any of them;
(b) the issuer or name of any bonds, debentures, holdings in investment funds, mutual funds, investment trusts or similar securities of a member or the member's spouse or dependent children, except Canada Savings Bonds or other investments or securities of fixed value issued or guaranteed by any level of government in Canada or an agency of a government in Canada, registered retirement savings plans that are not self-directed, open-ended mutual funds, guaranteed investment certificates or any similar financial instruments, annuities and life insurance policies and pension rights;
(c) the nature and location of any interest of the member in or with respect to real property, whether situate within or outside of the Province, including the nature and location of any interest of the member's spouse or dependent children in or with respect to real property except any interest of the member, the member's spouse or dependent children in or with respect to real property that is used by the member, the member's spouse or dependent children for residential or recreational purposes;
(d) unless excluded by clause (b), the name of every corporation, or subsidiary of a corporation, in which the member or the member's spouse or dependent children hold a beneficial interest, a share warrant or a purchase option;
(e) the nature of any interest of a member in property of a kind required to be disclosed under clause (b), (c) or (d) and over which the member or the member's spouse or dependent children have a general power of appointment or an expectancy under a trust;
(f) any trust established for the member or the member's spouse or dependent children or any trust from which a payment is made to the member or the member's spouse or dependent children and the names of the trustees and the contributors to any such trust, other than a trust established by the member or the member's spouse for the member's dependent children;
(g) the name of every individual or organization to which the member or the member's spouse or dependent children are financially indebted, except a debt
- (i) that is a current and ordinary household and personal living expense of the member or the member's spouse or dependent children,
(ii) respecting an automobile, a boat used for recreational purposes or recreational vehicles of a member or the member's spouse or dependent children,
(iii) that is money or other property entrusted to or received by a member or the member's spouse or dependent children in trust for a person other than the member or the member's spouse or dependent children,
(iv) respecting an interest of the member or the member's spouse or dependent children that is not required, under clauses (b) and (c), to be disclosed, or
(h) the name of every individual or organization that is financially indebted to the member or the member's spouse or dependent children in an amount greater than $10,000;
(i) the name of every individual or organization to which a member or the member's spouse or dependent children transferred a disclosed asset or settled a disclosed liability;
(j) all payments received by a member or the member's spouse or dependent children from a recognized party or an electoral district association; and
(k) a gift of a value greater than $250 received by the member or the member's spouse or dependent children other than a gift to a member or a member's spouse or dependent children by any one of them to each other or a gift from a member of the member's immediate family.
(3) Notwithstanding subsection (2), a member is not required to include in a disclosure statement
(a) assets and financial interests having a value of less than $10,000;
(b) a debt owed by the member to the member's spouse or dependent children or a member of the member's immediate family; or
(c) a debt owed to the member by the member's spouse or dependent children or by a member of the member's immediate family.
(4) In subsection (5), "member" in Sections 18 and 20 of the House of Assembly Act includes a minister.
(5) Nothing in this Act affects Sections 18 and 20 of the House of Assembly Act and, where the member's spouse or dependent children have a contract or agreement with the Government or with any minister or department, the contract or agreement must be disclosed by the member unless the contract or agreement has been awarded by open public tender.
(6) Nothing in this Act affects Sections 17 and 19 of the House of Assembly Act respecting the disqualification of a member or the vacating of a member's seat.
AND RELATED OR CONNECTED PERSONS
14 For the purpose of this Act, a member is in a conflict of interest when the member exercises an official power, duty or function that provides an opportunity to further the member’s private interests or those of the member’s family or to improperly further the private interests of another individual or organization.
15 A member shall not make or participate in making a decision related to the exercise of an official power, duty or function if the member knows or ought reasonably to know that in the making of the decision the member would be in a conflict of interest.
16 A member shall not use the member's office to seek to influence a decision made by another person to further, directly or indirectly, a private interest of the member, or the member's family, or to improperly seek to further the private interests of another individual or organization.
17 (1) A member shall not use the member's office to seek to intervene in or influence any judicial proceeding, or quasi-judicial proceeding, or any operational law enforcement function.
(2) Nothing in subsection (1) limits the lawful exercise of duties by a member, minister or ministerial assistant in accordance with constitutional convention.
(3) Nothing in subsection (1) limits the lawful exercise of duties by an Attorney General in accordance with constitutional convention.
18 A member shall not use or share information that is gained in the member's capacity as a member and is not available to the general public to further or seek to further, directly or indirectly, a private interest of the member or the member's family or to improperly further another person's private interests.
19 (1) This Act does not prohibit the activities in which members normally engage on behalf of constituents.
(2) For greater certainty, nothing in this Act prohibits a member, other than a minister, from appearing before a board, court, tribunal or other body as a member.
20 (1) A member or the member's immediate family shall not, directly or indirectly, accept a fee, gift or personal benefit that is connected, directly or indirectly, with the performance of the member's powers, duties or functions of office, except compensation authorized by law.
(2) Subsection (1) does not apply to a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the duties or responsibilities of office, and the gift or benefit is less than $1000 in value.
(3) Where a gift or personal benefit referred to in subsection (2) on the member of their family exceeds $250 in value, the member shall report the gift or personal benefit in the member's disclosure statement and comply with any instructions of the Commissioner with respect to the matter.
(4) A member, or the member's family, shall not accept a gift or benefit that is more than $250 in value, or gifts or benefits from the same source in the same year that, in total, are more than $250 in value.
(5) The Commissioner shall establish guidelines to assist members in determining if subsection (2) applies to the acceptance of a gift or benefit.
21 A member shall not accept travel on a non-commercial chartered or private aircraft, other than one owned or leased by the Crown, that is connected, directly or indirectly, with the performance of the member's official powers, duties or functions, unless
(a) the member receives approval from the Commissioner before accepting the travel;
(b) the travel is required for the performance of the member's office; and
(c) within 30 days after travelling, the member files with the Commissioner a statement to be made available to the public containing
- (i) the name of the member who accepted the travel,
(ii) the date, place of origin and destination of the travel,
(iii) the name of the person who provided the travel,
(iv) the circumstances in which the travel was accepted, and
(v) any other information the Commissioner determines should be made public.
22 (1) A member shall not use a ticket to a sporting or cultural event that came into the possession of the Government or a government agency, directly or indirectly, as a result of the Government or agency sponsoring or promoting an event or activity.
(2) This Section does not apply to a member who, in the member's official capacity, participates in the formal agenda of a sporting or cultural event.
23 (1) A member who has reasonable grounds to believe that the member has a conflict of interest in a matter that is before the House of Assembly or the Executive Council, or a committee of either of them or the board of a government agency on which the member serves, shall, where present at a meeting considering the matter,
(a) disclose the general nature of the conflict of interest;
(b) withdraw from the meeting without voting or participating in consideration of the matter; and
(c) refrain at all times from trying to influence the matter.
(2) Where a member has withdrawn from a meeting in accordance with subsection (1), the secretary of the meeting shall
(a) make a record of the disclosure, the general nature of the conflict of interest and the fact that the member withdrew from the meeting; and
(3) The Commissioner shall make available to the public the records that the Commissioner receives under subsection (2).
AND MINISTERIAL ASSISTANTS
OTHER THAN AS MEMBERS
24 Ministers and ministerial assistants shall
(a) be truthful and forthright and not deceive or knowingly mislead the House of Assembly or the public, or permit or encourage agents of the Government to deceive or mislead the House of Assembly or the public;
(b) make every effort to ensure that their departments are not used for partisan political purposes;
(c) avoid situations where a conflict of interest or a reasonable perception of a conflict of interest could arise between the minister or ministerial assistant's public duties and private interests;
(d) not accept any personal benefits in any business dealing, acquire any position or undertake any function or have any financial, commercial or other interest that is incompatible with their offices or duties;
(e) not use their authority or position, government information or government property to their private interests or those of their family or to improperly further another person's private interests; and
(f) respect the responsibilities and obligations placed on public employees, including those that require that senior public employees avoid conduct that could give rise to the perception that they are not politically impartial.
25 (1) Subject to subsections (2) to (7), a minister shall not
(a) be employed in any other occupation or profession;
(b) manage a business carried on by a corporation;
(c) hold a directorship, unless it is one of the duties of the minister;
(d) hold office in a union or professional association;
(e) carry on business either in a partnership or sole proprietorship; or
(f) hold or trade in securities, stocks, futures or commodities.
(2) Clause (1)(f) does not apply to
(b) assets that, in the opinion of the Commissioner, are of such minimal value that they do not constitute a risk of a conflict of interest.
(3) A minister may engage in the activities prohibited by subsection (1) if
(a) the minister has disclosed all material facts to the Commissioner;
(b) the Commissioner is satisfied that the activity, where carried on in the specified manner, will not create a conflict between the minister's private interests and their official powers, duties or functions;
(c) the Commissioner has approved the minister being engaged in the activity and has specified the manner in which the activity is to be carried out; and
(d) the minister carries out the activity in the specified manner.
(4) Where a minister complies with subsection (1) by entrusting the assets to one or more trustees,
(a) the provisions of the trust must be in accordance with such terms and conditions as may be specified by the Commissioner; and
(b) a copy of the trust document must be provided to the Commissioner.
(5) Unless otherwise required by law, the Commissioner shall keep the trust document confidential.
(6) A person who becomes a minister shall comply with subsection (1) before the 91st day that follows the person's appointment.
26 Where a minister is aware that the minister has a conflict of interest or that there is a reasonable perception of a conflict of interest with respect to a matter on which the minister will be making a decision,
(a) the minister shall take all steps required by Section 23;
(b) the minister shall report that conflict of interest or perception of a conflict of interest, as the case may be, to the President of the Executive Council or a minister designated by the President of the Executive Council; and
(c) the Executive Council shall appoint another minister to perform such duties as the Executive Council considers appropriate for such time as the Executive Council considers necessary to deal with the conflict of interest or perception of a conflict of interest.
27 A record filed with the Clerk of the Executive Council is confidential and may not be disclosed or inspected, but the Commissioner may inspect the record and use the information in it if it is likely to be material in determining whether a member has contravened this Act.
28 As soon as practicable following the appointment of a person as a minister or ministerial assistant, the person shall meet with the Commissioner to obtain advice respecting the person's obligations under this Act.
29 (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.
AND RESTRICTIONS ON AWARDING OF CONTRACTS
30 (1) In this Section, "member" does not include a minister.
(2) A former minister or ministerial assistant, for 12 months after ceasing to hold office, and a former member or public employee, for six months after ceasing to hold office or employment, shall not knowingly
(a) accept a contract or benefit that is awarded, approved or granted by a government decision-maker;
(b) make representations to a government decision-maker on behalf of the former minister, ministerial assistant, member or public employee or another person with respect to a contract or benefit; or
(c) accept a contract or benefit from any person to make representations to a government decision-maker with respect to a contract or benefit that is or is to be awarded, approved or granted by a government decision-maker.
(3) Subsection (2) does not apply
(a) to contracts of employment with respect to further duties in the service of the Crown in right of the Province; or
(b) if the conditions on which the contract or benefit is awarded, approved or granted are the same for all persons similarly entitled.
31 (1) A former minister, ministerial assistant, member or public employee may apply to the Commissioner for an exemption from the application of subsection 30(2) with respect to a contract or benefit or a class of contracts or benefits.
(2) On the application of a former minister, ministerial assistant, member or public employee, the Commissioner may exempt the contract or benefit or class of contracts or benefits from the application of subsection 30(2) if in the opinion of the Commissioner
(a) the consideration and terms of the contract or benefit are fair and reasonable; and
(b) it is not contrary to the public interest to exempt the contract or benefit or class of contracts or benefits from the application of subsection 30(2).
(3) The Commissioner may impose any terms and conditions that the Commissioner considers appropriate on an exemption granted under this Section.
32 (1) A former minister, ministerial assistant, member or public employee who contravenes Section 30 is guilty of an offence and liable, on summary conviction, to a fine of not more than $50,000.
(2) No prosecution for a contravention of Section 30 may be commenced more than
(a) in the case of a contravention respecting a contract or a benefit awarded, approved or granted, two years after
33 (1) The Executive Council, a minister or an employee of a department shall not knowingly
(a) award or approve a contract with, or grant a benefit to, a former minister or ministerial assistant within 12 months after the former minister or ministerial assistant ceased to hold office;
(b) award or approve a contract with, or grant a benefit to, a former minister or ministerial assistant who has, during the 12 months immediately after the former minister or ministerial assistant ceased to hold office, made representations in respect of the contract or benefit; or
(c) award or approve a contract with, or grant a benefit to, a person on whose behalf a former minister or ministerial assistant has, during the 12 months immediately after the former minister or ministerial assistant ceased to hold office, made representations in respect of the contract or benefit.
(2) The Executive Council, a minister or an employee of a department shall not knowingly
(a) award or approve a contract with, or grant a benefit to, a former member or public employee, until six months after the former member or public employee ceased to hold office;
(b) award or approve a contract with, or grant a benefit to, a former member or public employee who has, during the six months immediately after the former member or public employee ceased to hold office, made representations in respect of the contract or benefit; or
(c) award or approve a contract with, or grant a benefit to, a person on whose behalf a former member or public employee has, during the six months immediately after the former member or employee ceased to hold office, made representations in respect of the contract or benefit.
(3) Clauses (1)(a) and (b) and (2)(a) and (b) do not apply to contracts in respect of further duties in the service of the Government.
(4) Subsections (1) and (2) do not apply if the conditions on which the contract or benefit is awarded, approved or granted are the same for all persons similarly entitled.
34 (1) A former member or public employee may apply to the Commissioner for an exemption from the application of Section 33 with respect to a contract or benefit or a class of contracts or benefits.
(2) On the application of a former member or public employee, the Commissioner may exempt the contract or benefit or class of contracts or benefits from the application of Section 33 if in the opinion of Commissioner
(a) the consideration and terms of the contract or benefit are fair and reasonable; and
(b) it is not contrary to the public interest to exempt the contract or benefit or class of contracts or benefits from the application of Section 33.
(3) The Commissioner may impose any terms and conditions that the Commissioner considers appropriate on an exemption granted under this Section.
CONFLICT OF INTEREST COMMISSIONER
35 The Commissioner shall carry out the duties and functions and exercise the powers of the Commissioner under this Act.
36 The Commissioner may engage the services of any person necessary to assist the Commissioner in carrying out the Commissioner's role.
37 Subject to clause 59(1)(a), the Commissioner may approve forms for use in the administration of this Act and may require them to be used.
38 (1) When this Act requires the Commissioner to make information available to the public, the Commissioner shall
(a) publish the information on a website maintained by the Commissioner; and
(b) give a copy of the information to the Clerk of the House of Assembly.
(2) The Clerk shall make the information provided by the Commissioner available for public inspection and copying without charge during normal office hours.
39 (1) The Commissioner shall issue an annual report on the carrying out of the functions of the Commissioner under this Act and shall submit the report to the Speaker of the House of Assembly for tabling in the Assembly if the Assembly is sitting or, where the Assembly is not then sitting, file the report with the Clerk of the Assembly.
(2) An annual report must include information on
(a) complaints received, investigations undertaken, contraventions found, key findings and sanctions imposed;
(b) an assessment of system risks and recommendations for legislative or regulatory improvements; and
(c) any other matters the Commissioner considers appropriate.
(3) An annual report must include the name of any member who fails to meet any of the disclosure requirements set out in Sections 8 to 13.
(4) Subject to subsections (2) and (3), in an annual report, the Commissioner may summarize advice the Commissioner has given but shall not disclose confidential information or information that could identify a person concerned.
40 The Commissioner may, following investigations or at any other time on urgent or significant matters, issue a special report to the Speaker of the House of Assembly for tabling in the Assembly if the Assembly is sitting or, where the Assembly is not then sitting, file the report with the Clerk of the Assembly.
41 Where this Act provides that a member is to do anything by a time or within a specified period of time, the Commissioner may, before or after the time has expired, extend the time period and impose any conditions that the Commissioner considers appropriate.
42 Information disclosed to the Commissioner under this Act is confidential and must not be disclosed to any person, except
(a) by the member or with the member's consent;
(b) in a criminal proceeding as required by law; or
(c) otherwise in accordance with this Act.
43 (1) A member or public employee may request that the Commissioner give an opinion and recommendations on any matter respecting the member or public employee under this Act.
(2) The Commissioner may make such inquiries as the Commissioner considers appropriate and shall provide the member or public employee with an opinion and recommendations.
(3) Where the member or public employee requests, the opinion and recommendations must be given in writing.
(4) The opinion and recommendations of the Commissioner are confidential, but may be released
(a) by the member or public employee;
(b) with the consent in writing of the member or public employee; or
(c) by the Commissioner without the consent of the member or public employee in circumstances if the Commissioner considers it necessary and appropriate in the public interest, including if the member releases only part of the opinion and recommendations.
(5) A member or public employee who acts on the opinion and recommendations given by the Commissioner is and is deemed not to be in contravention of this Act with respect to the matters dealt with in the opinion and recommendation.
(6) This Section applies, with necessary changes, to former members.
44 The Commissioner may take such steps as are necessary to promote the understanding by members, former members and public employees of their duties under this Act, including but not limited to,
(a) preparing and disseminating written information and guidelines concerning their obligations under this Act; and
(b) by personal discussions with them, and in particular when meeting with them about their disclosure statements;
45 (1) The Commissioner may give advice and recommendations of general application to members, public employees, former members and public employees on any matter concerning their obligations under this Act.
(2) A member, public employee, former member or public employees may rely on a written opinion given under subsection (1) in respect of facts and considerations stated in the opinion if the member, public employee, former member or public employee acts in accordance with the Commissioner's recommendations.
46 At the request of the Governor in Council or the House of Assembly, the Commissioner may undertake special assignments that the Commissioner considers appropriate.
47 (1) A member who has reasonable and probable grounds to believe that another member or a public employee is in contravention of this Act may, by application in writing setting out the grounds for the belief and the nature of the contravention alleged, request that the Commissioner give an opinion respecting the compliance of the other member or public employee with this Act.
(2) A member of the public or a public employee who has reasonable and probable grounds to believe that there has been a contravention of this Act may, by application in writing setting out the grounds for the belief and the nature of the contravention alleged, request that the Commissioner give an opinion respecting the alleged contravention.
(3) The Executive Council may request that the Commissioner give an opinion on any matter respecting the compliance of a minister, ministerial assistant or public employee with this Act.
(4) The House of Assembly may request that the Commissioner give an opinion on any matter respecting the compliance of a member with this Act.
(5) Where the Commissioner determines that a request made under this Section is frivolous or vexatious or is made in bad faith, the Commissioner may decline to examine the matter but, otherwise, shall examine the matter described in the request and, having regard to all the circumstances of the case, may discontinue the examination.
(6) Where the Commissioner has reason to believe that a public office holder or former public office holder has contravened this Act, the Commissioner may examine the matter on the Commissioner's own initiative.
(7) The Commissioner may inquire into a possible contravention of this Act or the regulations if evidence of an essential element of the possible contravention can be found in information disclosed to the Commissioner but which is not available to be examined by the public under this Act.
(8) The Commissioner has jurisdiction to inquire into actions or omissions by a former member or public employee if the application or inquiry by the Commissioner commences within two years after the former member or public employee ceased to be a member or public employee.
(9) Where it appears to the Commissioner that the Commissioner's report may adversely affect a member, the Commissioner shall inform the member of the particulars and give the member the opportunity to make representations, either orally or in writing, at the discretion of the Commissioner, before the Commissioner finalizes the report.
48 (1) Where the Commissioner conducts an inquiry under this Act, the Commissioner may
(a) determine that there has been no contravention of this Act or the regulations;
(b) determine that there has been a contravention of this Act or the regulations and direct the member or public employee to, where applicable,
- (i) file or amend a disclosure statement within the time prescribed by order,
(ii) discontinue association with a contract or agreement in which the member is prohibited from participating,
(iii) return any gain realized in respect of promoting a bill, resolution, matter or thing submitted or intended to be submitted to the House of Assembly, a committee of the Assembly, the Executive Council or a committee of the Executive Council,
(iv) return any personal benefit improperly obtained by the member;
(c) fine the person who contravened this Act or the regulations in an amount not exceeding $10,000;
(d) refer the matter to the Supreme Court of Nova Scotia for a determination.
(2) A copy of the decision of the Commissioner at an inquiry must be made available to the public and filed with the Prothonotary at Halifax.
49 (1) The Commissioner may refer to the Supreme Court of Nova Scotia the failure of a member or public employee to comply with an order issued by the Commissioner under this Act.
(2) Where the Commissioner refers a matter to the Supreme Court,
- (i) instruct counsel to commence an application in the Supreme Court, and
(b) the Commissioner shall take no further part in the proceedings, as a witness or otherwise; and
(c) the judge of the Supreme Court dealing with the application shall
- (i) hear the evidence and argument presented by the parties, and
(ii) determine on the basis of the evidence presented whether a contravention of this Act or the regulations or a direction of the Commissioner has occurred.
(3) Where the judge of the Supreme Court determines that a contravention of this Act or the regulations or a direction of the Commissioner has occurred, the judge may
(a) order the filing or amendment of a disclosure statement;
(b) order a member or public employee to discontinue association with a contract or agreement in which the member or public employee is prohibited from participating;
(c) order a member or public employee to return any personal benefit improperly obtained by the member or public employee;
(d) fine the person that contravened this Act or the regulations or a direction of the Commissioner in an amount not exceeding $10,000;
(e) suspend a member or public employee on such terms and conditions as the judge prescribes;
(f) declare that a member ceases to be a minister;
(g) declare vacant the seat of a member.
(6) Where the judge declares vacant the seat of a member, the seat of that member is and is deemed to be vacant upon the expiration of 30 days from the making of the order or upon the determination of any appeal of the matter, whichever is later, and the seat remains vacant until an election is held in the electoral district of the member.
50 (1) In this Section, "person affected" includes the person who initiated the request for an inquiry.
(2) A finding, direction, determination or order of the Commissioner made under Section 48 or a judge made under Section 49 may be appealed to the Nova Scotia Court of Appeal by the person affected within 30 days of the making of the finding, direction, determination or order.
(3) Where an appeal has been filed as provided by law, a judge of the Court of Appeal may, upon application by the person appealing, stay the order from which the appeal has been taken pending the determination of the appeal.
51 Where the Commissioner determines that an allegation of a contravention of this Act is frivolous or vexatious, the Commissioner shall dismiss the matter and may order the person who made the allegation to pay costs or damages, or both, to the member or public employee, including reimbursement of the actual expenses of the member or public employee incurred in responding to the allegation, and grant such other relief as the Commissioner may determine.
52 No action or proceeding may be brought against the Commissioner or any other person acting under the authority of the Commissioner for anything done or omitted to be done, or reported or said, in good faith, in the exercise or intended exercise of a power, duty or function under this Act.
53 No action lies and no civil, criminal or administrative action shall be taken against a person who in good faith provides information or gives evidence in a proceeding under this Act to the Commissioner or to a person engaged by the Commissioner.
54 (1) Notwithstanding any other law protecting the confidentiality of Executive Council deliberations, a person may disclose to the Commissioner information that would otherwise be protected as an Executive Council confidence if
(a) the person reasonably believes the information is evidence of a contravention of this Act;
(b) the disclosure is made in good faith;
(c) the disclosure is made confidentially to the Commissioner and not publicly or to the media; and
(d) the person has reasonable grounds for their belief and not mere speculation or unfounded allegations.
(2) A disclosure made under subsection (1)
(a) does not constitute a breach of any oath or duty of confidentiality;
(b) is protected from civil or criminal liability;
(c) cannot be used as grounds for discipline or termination; and
(d) triggers the protection from reprisal under this Act.
(a) protect the confidentiality of Executive Council information to the maximum extent possible consistent with conducting an effective investigation; and
(b) not publicly disclose Executive Council information except if
- (i) required to substantiate findings of a breach of this Act,
(ii) the public interest in disclosure outweighs the interest in confidentiality, or
(c) consult with the Clerk of the Executive Council before publicly disclosing Executive Council information,
but the Commissioner has final authority to determine whether disclosure is warranted.
(4) This Section does not authorize
(a) indiscriminate disclosure of Executive Council information;
(b) disclosure for partisan political purposes;
(c) disclosure to the media or public; or
(d) disclosure of information unrelated to matters concerning the duties and obligations outlined in this Act.
55 No employer or person in authority shall take or threaten of reprisal against a person who in good faith provides information or gives evidence in a proceeding under this Act to the Commissioner or to a person engaged by the Commissioner.
56 The identity of a person who makes disclosure under subsection 47(1) or (2) shall not be revealed except
(a) with the person's consent;
(b) if the Commissioner determines disclosure is necessary and has taken steps to minimize the risk of reprisal;
(d) if the Commissioner determines that the disclosure was made in bad faith or was frivolous.
57 Neither the Commissioner nor anyone acting under the authority of this Act is a competent or compellable witness in any proceedings outside this Act in connection with anything done under this Act.
58 Within five years after this Act comes into force, and once every 10 years after that, a committee of the House of Assembly shall undertake a comprehensive review of this Act and shall, within one year after the review is undertaken, submit a report to the Assembly that includes any amendments to this Act recommended by the committee.
59 (1) The Governor in Council may make regulations
(a) prescribing forms to be used for the purpose of this Act;
(b) prescribing fees for the purpose of this Act;
(c) defining any word or expression used and not defined in this Act;
(d) respecting any matter the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
60 The Conflict of Interest Commissioner appointed under the former Act continues in office as the Commissioner under this Act as if appointed under this Act for a term that expires on the day the appointment under the former Act would have expired.
61 Notwithstanding the repeal of the former Act, that Act, as it read immediately before the coming into force of this Act, continues to apply in relation to matters that were reported to the Commissioner under that Act before the coming into force of this Act.
62 The Commissioner appointed under the former Act continues in office until a Commissioner is appointed under this Act.
63 A disclosure statement duly filed under the former Act is deemed to have been filed under this Act.
64 Notwithstanding Section 63, subsection 12(1) only applies to disclosure statements filed after this Act comes into force.
65 Proceedings before the Commissioner in respect of matters to which the former Act applied must be continued in conformity with this Act as far as consistently may be.
66 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2026 Crown in right of Nova Scotia. Created February 26, 2026. Send comments to legc.office@novascotia.ca.
