Commissioners' Decisions

Commissioners are appointed by an Order in Council of the provincial government and meet six (6) times a year to review investigation reports and settlement agreements.

Commissioners can accept the recommendation of the HRO as presented or return the complaint to the HRO to gather further information or answer questions unanswered by the investigation report.

Commissioners are not bound by the HRO’s recommendation. They make their decision based on the investigation report and any written submissions made by the parties. The Commissioners’ decision is final and can only be appealed through a Judicial Review at the Supreme Court of Nova Scotia. All parties will be notified of these decisions in writing by the Chair of the Commission.

Referral to Board of Inquiry

Upon review of an investigation package Commissioners may refer a complaint to a Board of Inquiry (BOI). At this stage, the Commission no longer holds jurisdiction over the complaint. The Commission becomes a party to the complaint and participates in the BOI as a separate party on behalf of the public interest.

About the Board of Inquiry

A Board of Inquiry (BOI) is an independent administrative tribunal conducted separate and apart from the Nova Scotia Human Rights Commission. It is administrated by independent adjudicators who are appointed by the Chief Judge of the Provincial Court, after the complaint has been referred to a BOI by Commissioners. The Commission is an independent party representing the public interest and does not represent either the complainant or the respondent. The duration of a BOI can vary depending on the complexity of the matter, availability of parties, evidence to be heard, etc. The independent adjudicators’ role is to determine whether there has been a violation of the Act.

Once a case has been referred to a BOI, the parties including the Commission are still welcome to try and settle the dispute. If the parties reach a settlement, the settlement will be forwarded to the independent adjudicators for approval and an Order will be issued outlining the responsibilities of the parties. Should the parties be unable to settle, there will be a public hearing. After the hearing the independent adjudicator will issue a decision.

Boards of Inquiry and the Media

All aspects of your interactions with the Commission throughout the dispute resolution process are private and confidential. The Commission will not reveal details of your matter to anyone. Only when a matter is sent for a public hearing will details be available to members of the public and the media. It is not uncommon for news reporters to attend BOI hearings and report on details shared during the proceedings. The only exception to this would be the Board Chair issuing a publication ban.

Board of Inquiry Decisions

All Board of Inquiry decisions are public documents and published to the Commission’s website and the website of the Canadian Legal Information Institute (CanLII.org) where they will remain available for public access.