University governance in Nova Scotia: The impacts of Bill 12

By Colleen Keyes, K.C. and Harper Metler

On February 19, 2025, the Nova Scotia Government introduced Bill No. 12: An Act Respecting Advanced Education and Research (“Bill 12”), which is intended to improve the accountability and sustainability of post-secondary institutions in Nova Scotia. Bill 12 proposes amendments to existing legislation, as well as the creation of new legislation, that will introduce public reporting requirements for university boards and establish governance standards.[1]

Proposed amendments

Community Colleges Act

Bill 12 will amend the Community Colleges Act to permit the Governor in Council, on the recommendation by the Minister of Advanced Education (the “Minister”), to authorize the Nova Scotia Community College (“NSCC”) to grant undergraduate degrees. The proposed amendments will also make the tuition policy and fee schedule subject to the approval of the Minister rather than the Governor in Council. The amendments will also authorize the Minister to provide binding directions to the board of NSCC related to certain matters.

Private Career Colleges Act

Under the proposed amendments, the Private Career Colleges Act will not apply to colleges owned and operated by the Province or by the Government of Canada. As well, the role of “Senior Executive Director” will be replaced by an “Internal Reviewer”. The Minister will be authorized to designate one or more employees of the Department of Advanced Education to be an Internal Reviewer.

Research Nova Scotia Corporation Act

Bill 12 expands the objects of the Research Nova Scotia Corporation and requires the corporation to develop and implement a strategic plan to increase research capacity. The amendments will allow the Minister to determine Nova Scotia’s key research priorities and require that three members of the board be public servants appointed by the Minister.

Universities Accountability and Sustainability Act

The proposed amendments will allow the Minister to require designated universities and educational institutions to initiate a revitalization plan and to withhold funds if an institution fails to comply with the requirement. Currently, universities experiencing financial hardship may voluntarily participate in a revitalization plan with the Province. The Minister will have the authority to enter into and execute agreements and instruments necessary for carrying out the Universities Accountability and Sustainability Act.

New legislation

University Board Governance Act

The University Board Governance Act (the “Proposed Act”) will standardize board composition requirements for designated post-secondary institutions. The Proposed Act will require that boards be composed of a number of members prescribed by the regulations, which is not to exceed 30 members. The Proposed Act will also require that boards include the president of the university, at least one member appointed by the Minister, at least one member appointed or elected by the student body, at least one member appointed or elected by the university’s faculty, and other members as may be determined by the regulations. The Proposed Act also creates term limits for board members and requires that boards provide training to new members within three months of their appointment or election. Boards will be required to establish certain policies related to conflict of interest, confidentiality, risk management, and diversity, equity and inclusion. Many of these requirements are aligned with current good governance practices that are already followed by post-secondary institutions in Nova Scotia but will now make such practices mandatory.

Once designated by the Proposed Act’s regulations, universities will have six months to constitute a new board in accordance with the Proposed Act’s requirements. Universities will also have one year to review their bylaws and other governance documents for any inconsistencies with the proposed legislation and to make necessary amendments. If the Proposed Act and its regulations are in conflict or inconsistent with other enactments respecting a university, such as any bylaws enacted under their enabling legislation, the Proposed Act and its regulations will prevail. 

The Proposed Act also introduces transparency and public reporting requirements. Boards will be required to prepare annual reports relating to their compliance with the Proposed Act and its regulations, which must be made available to the public. Boards will also be required to publish and make available their bylaws, policies, procedures, and board meeting minutes in an accessible format.

The Proposed Act contemplates that the Minister will initiate a review of the Proposed Act within five years of it coming into force, in consultation with the public, universities, and other stakeholders.

Key takeaways

As Bill 12 has only undergone first reading, it is possible that it will be subject to change. Further, many of the new governance requirements will be prescribed by regulations which have not yet been released. However, if enacted, the Proposed Act is likely to have a significant impact on the governance of universities in Nova Scotia. Post-secondary institutions in Nova Scotia can prepare for these potential changes by:

• Reviewing their bylaws and other governance documents for potential inconsistencies with the Proposed Act;
• Considering training and orientation processes for new board members;
• Establishing or reviewing policies required by the Proposed Act; and
• Evaluating their board size as well as their current board composition and governance practices.

Stewart McKelvey will continue to monitor Bill 12 as it moves through the Nova Scotia Legislature for further insight into these proposed changes and regulations.

This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact the authors.

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[1] Bill 12 proposes to amend the Community Colleges Act, the Private Career Colleges Act, the Research Nova Scotia Corporation Act, and the Universities Accountability and Sustainability Act. New legislation would include the University Board Governance Act.