Appointments
Board members are appointed in a manner similar to Provincial Court judges. Appointments are “at good behavior until the member reaches the age of seventy years”. In 2000 the Minister of Justice issued Guidelines to Ensure Appointments Based on Merit to set out the process and conditions for Board appointments. All Member appointments since that time have followed these Guidelines.
Conflict of Interest
Board Members are not permitted to be employed by or have an interest in a public utility. For greater clarity, they cannot hold any shares or other financial interest in a regulated utility. The same rule has been applied to work in other mandates.
New Members joining the Board are given a reasonable time to dispose of any interests in regulated entities. Should any Member fail to dispose of an interest as required the Governor in Council may declare the office of the Member vacant, effectively dismissing them.
Conduct
The Board uses the Ethical Principles for Judges issued by the Canadian Judicial Council as a guide for proper conduct. Members are not permitted to sit on a matter relating to a prior employment or client for a period of three years after joining the Board.
Remuneration
Order in Council 2007-501 dated September 25, 2007 sets out the salary ranges for Board Members. That OIC states:
The Governor in Council on the report and recommendation of the Minister responsible for the Utility and Review Board Act dated September 5, 2007, and pursuant to Sections 5, 6 and 7 of Chapter 11 of the Statutes of Nova Scotia, 1992, the Utility and Review Board Act, is pleased, effective April 1, 2007, to:
(a) revoke Order in Council 2005-344 dated July 29, 2005;
(b) fix and determine the remuneration of the Chair of the Nova Scotia Utility and Review Board to be equivalent to Senior Officials Pay Plan,Deputy Ministers, (92) and, commencing April 2008, direct that the Chair shall be entitled to an annual upward adjustment to his compa ratio of 2% per year to a maximum of Deputy Ministers (102);
(c) fix and determine the remuneration of the Vice-chair of the Nova Scotia Utility and Review Board to be equivalent to Senior Officials Pay Plan, Deputy Ministers, (83) and direct that, commencing April 2008, the Vice-chair is eligible for an annual merit adjustment to her compa ratio in accordance with the Senior Officials Pay Plan, as determined by the Chair, to a maximum of Deputy Ministers (94);
(d) fix and determine the remuneration of the Members of the Nova Scotia Utility and Review Board to be equivalent to Senior Officials Pay Plan, Assistant Deputy Ministers, (89) and direct that, commencing April 2008, the Members are eligible to an annual merit adjustment to their compa ratio in accordance with the Senior Officials Pay Plan, as determined by the Chair, to a maximum of Assistant Deputy Ministers (100); and
(e) direct that in no year shall the average amount of the merit adjustments provided to the Vice-chair and Members of the Nova Scotia Utility and Review Board exceed the average amount provided to Assistant Deputy Ministers in the Senior Officials Pay Plan.