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 2024-352 dated September 24, 2024 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 August 28, 2024, 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, 2024, to:
(a) revoke Order in Council 2007-501 dated September 25, 2007, and clause (a) of Order in Council 2012-267 dated August 20, 2012;
(b) fix and determine the range of remuneration of the Chair of the Nova Scotia Utility and Review Board to be between the equivalent of the Senior Officials Pay Plan, SO3 (80) and the Senior Officials Pay Plan, SO3 (100) and, commencing April 1, 2025, direct that the Chair be eligible for an annual adjustment to their compa ratio, in accordance with the merit adjustments approved by government for the Senior Officials Pay Plan, to a maximum of SO3 (100);
(c) fix and determine the range of remuneration of a Vice-chair of the Nova Scotia Utility and Review Board to be between the equivalent of the Senior Officials Pay Plan, SO2 (80) and the Senior Officials Pay Plan, SO2 (100) and, commencing April 1, 2025, direct that a Vice-chair be eligible for an annual merit adjustment to their compa ratio, as determined by the Chair and in accordance with the merit adjustments approved by government for the Senior Officials Pay Plan, to a maximum of SO2 (100);
(d) fix and determine the range of remuneration of the members of the Nova Scotia Utility and Review Board to be between the equivalent of the Senior Officials Pay Plan, SO1 (80) and the Senior Officials Pay Plan, SO1 (100) and, commencing April 1, 2025, direct that the members be eligible for an annual merit adjustment to their compa ratio, as determined by the Chair and in accordance with the merit adjustments approved by government for the Senior Officials Pay Plan, to a maximum of SO1 (100); and
(e) determine the remuneration for each of the Chair, Vice-chair, and members of the Nova Scotia Utility and Review Board to be as set out in Schedule “A” attached to and forming part of the Report and Recommendation